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2005 08-02 CC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — August 2, 2005 - 4:00 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 by Mayor Nick Inzunza 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. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones de! Consejo Municipal. Los audif fonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 8/2/05 PAGE 2 PROCLAMATION Proclaiming Sunday, August 7, 2005 as: "NATIONAL KIDSDAY IN NATIONAL CITY" PRESENTATIONS 1. Recognizing Paco Barajas for the work he has done in the community — Councilman Natividad 2. Public Arts Plan — Susanna Peredo 3. Historical Society Presentation — Janice Martinelli 4. County Water Authority - Desalination 5. CARE Committee Report — Walter Amedee (Chairman) 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. 6. Approval of the Minutes of the Regular Meeting of May 17, 2005 7. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement in the amount of $289,009 with Reyes Architect, Inc. to provide design and construction administration services for the National City Art Center project. (Engineering) COUNCIL AGENDA 8/2/05 PAGE 3 CONSENT CALENDAR (Cont.) 9. Resolution of the City of National City approving Change Order Number Three to HMS Construction, Inc. for Sweetwater Road at Calmoor Street and Fairlomas Drive Traffic Signal Installation, Spec. No. 03-10 in the amount of $2,421.66 for compliance with State Energy Commission Efficiency Standards for traffic signal lights and authorizing the City Engineer to approve and sign the Change Order. (Engineering) 10. Resolution of the City Council of the City of National City accepting the work and authorizing the filing of a Notice of Completion for the National City — City Hall Remodel Project for Engineering and Human Resources. (Engineering) 11. Resolution of the City Council of the City of National City to approve, accept and record final subdivision map located at 26th Street and "D" Avenue. (S-2004-4, CUP-2004-5) (Engineering) 12. Resolution of the City Council of the City of National City authorizing the City Engineer to establish two three-foot red "No Parking" zones on both sides of the driveway at 104 E. 4th Street. (M. Mendoza, TSC Item No. 2005-22) (Engineering) 13. Resolution of the City Council of the City of National City authorizing the City Engineer to establish a 25-foot red "No Parking" zone north of the driveway at 301 W. 30th Street. (D. Barnett, TSC No. 2005-23). (Engineering) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute a lease agreement with new Cingular Wireless, PCS, LLC for the installation and operation of an equipment room and antennae facilities in Sweetwater Heights Park. (City Attorney) 15. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Unified Port of San Diego on a reimbursable basis not to exceed $22,500 for a musical concert program to be held at Pepper Park on Port of San Diego property. (Community Services) 16. Resolution accepting the lowest responsive, responsible bid from Pierce Manufacturing, Inc. and authorizing the purchase of one triple combination fire truck pumper for the Fire Department in the amount of $359,999.22 to be paid via a 5-year lease/purchase agreement. (Purchasing) COUNCIL AGENDA 8/2/05 PAGE 4 CONSENT CALENDAR (Cont.) 17. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Saulsbury Hill Financial for lease financing for the purchase of a triple combination pumper for the Fire Department. (Finance) 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City Of National City and Principal Decision Systems International to purchase TeleStaff Software Licenses utilizing FY04 Urban Area Security Initiative Grant Funds. (Fire) 19. Temporary Use Permit — National City Middle School use of Kimball Park for a Physical Education Program — July 2005 to June 2006 (Building & Safety) 20. Temporary Use Permit — Apostolic Assembly temporary trailers — August 3, 2005 to September 1, 2006 at 125 Palm Avenue, National City, CA 91950. (Building & Safety) 21. Temporary Use Permit — 3rd Year Anniversary Event at Value Car, Inc. August 12- 15, 2005 and September 2-6, 2005 at 13 National City Boulevard from 10 a.m. to 8 p.m. (Building & Safety) 22. Temporary Use Permit — Common Man Wealth Industries/Kids Say Nope to Dope — Nope to Dope Park Rally — Saturday, August 27, 2005, 11 a.m. to 4 p.m. at Las Palmas Park. (Building & Safety) 23. Temporary Use Permit — Pinery Christmas Trees Pumpkin Station at Bonita Plaza, Friday, September 30, 2005, to October 31, 2005, 10 a.m. to 9 p.m. at Bonita Plaza Mall adjacent to Outback Steakhouse. (Building & Safety) 24. WARRANT REGISTER # 01 (Finance) Ratification of Demands in the amount of $2,347,799.56. 25. WARRANT REGISTER # 02 (Finance) Ratification of Demands in the amount of $432,181.12 COUNCIL AGENDA 8/2/05 PAGE 5 ORDINANCES FOR ADOPTION 26. Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the land use code from RS-2-PD to RM-1-PD for the properties located at 1125, 1251 and 1311 East Division Street. (Applicant: National Housing Fund, Inc.) Case File Nos: GP-2004-1/ZC-2004-3. (Community Development Commission) 27. Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the land use code from MM-CZ to CT-PD-CZ for the properties associated with the Marina Gateway Place Project. (Applicant: Community Development Commission) Case File Nos. GP-2004/5-ZC-2004-2. (Community Development Commission) NON CONSENT RESOLUTION 28. Resolution authorizing acceptance of a donated leased Volkswagen Beetle from South Bay Volkswagen for use by the National City Public Library. (Library) TIME CERTAIN - 6:00 p.m. PUBLIC HEARINGS 29. Public Hearing to consider the report required by Health and Safety Code Section 5473, Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund." (Public Works) 30. Public Hearing regarding levy of assessments for costs of Maintenance Landscape District No. 1 (LMD) — "Mile of Cars" (Community Development Commission) 31. Public Hearing regarding levy of assessments for costs of the Downtown National City Property Business Improvement District. (Community Development Commission) COUNCIL AGENDA 8/2105 PAGE 6 NON CONSENT RESOLUTIONS 32. Resolution adopting the report required by Health and Safety Code Section 5473, Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund." (Public Works) 33. Resolution of the City Council of the City of National City confirming the diagram and assessment and providing for the levy of the annual assessment in a Special Maintenance District. (Community Development Commission) 34. Resolution of the City Council of the assessment and Engineer's Report and assessment in the Downtown National District. (Community Development) NEW BUSINESS City of National City confirming the providing for the levy of the annual City Property Business Improvement Cars 35. Report: dSubmissionmembers. (Community DevO6 Mile elopmentfCommission) iation annual budget and City 36. Report: Submission f Fiscal Year 2005-2006 District annual budget and Downtown Board membersl. (Community y Business Development Commission) STAFF MAYOR AND CITY COUNCIL COUNCIL AGENDA 8/2/05 PAGE 7 NEW BUSINESS (Cont.) CLOSED SESSIONS 1. Conference with Labor Negotiators — Government Code Section 54957.6 a) Agency Designated Representatives: Alfredo Lopez, Ryan Hyland, Roger Post, Kathleen Trees, and Captain Leonard Knight Employee Organization: Municipal Employees' Association 2. Conference with Legal Counsel — Existing Litigation — Government Code 54956.9(a) a) Antonio Flores, et al, v. City of National City, et al. United States District Court, Southern District of California, Case No. 04CV23371EG (NLS) b) Rene Love v. City of National City, et al San Diego Superior Court Case No. GIS 17929 3. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) One potential case. Next Regular City Council Meeting — Tuesday — August 16, 2005 - 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 COUNCIL AGENDA 8/2/05 PAGE 6 NON CONSENT RESOLUTIONS 32. Resolution adopting the report required by Health and Safety Code Section 5473, Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund." (Public Works) 33. Resolution of the City Council of the City of National City confirming the diagram and assessment and providing for the levy of the annual assessment in a Special Maintenance District. (Community Development Commission) 34. Resolution of the City Council of the City of National City confirming the assessment Engineer's report and providing for the levy of the annual assessment in the Downtown National City Property Business Improvement District. (Community Development) NEW BUSINESS 35. Report: Submission of Fiscal Year 2005-2006 Mile of Cars Association annual budget and Board members. (Community Development Commission) 36. Report: Submission of Fiscal Year 2005-2006 Downtown National City Property Business Improvement District annual budget and Board members. (Community Development Commission) STAFF MAYOR AND CITY COUNCIL Next Regular City Council Meeting — Tuesday — August 16, 2005 - 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 WHEREAS, the children of National City are the foundation on which our future success is built; and WHEREAS, children seek parents, mentors and friends to aid them in reaching important goals; and WHEREAS, families and communities play vital roles in helping children develop a positive self image, sense of belonging and a sense of competence; and WHEREAS, National KidsDay is a special day set aside each year to encourage and remind adults that the meaningful time they share with children is important to their development; and WHEREAS, the National KidsDay Honor Roll, comprised of Boys & Girls Club of America, and other youth serving organizations, together reach millions of youth via their services and community involvement; and WHEREAS, National KidsDay emphasizes the importance of meaningful time spent with kids on this day and every day, all year long; and WHEREAS, the National KidsDay Honor Roll is working to establish National KidsDay on the national calendar. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Sunday August 7, 2005 as: NATIONAL KIDSDAY IN NATIONAL CITY We call upon all citizens of National City to recognize and commend the National KidsDay Honor Roll organizations in our area for providing their everyday contributions and commitment to improving the lives of the children and young adults in our community. Ron Morrison V e Mayor er Nick I zunza Mayor Frank Parra Councilmember Rosalie G. Zara Councilwoman ITEM #1 8/2/05 RECOGNIZING PACO BARAJAS FOR THE WORK HE HAS DONE IN THE COMMUNITY - COUNCILMAN NATIVIDAD - ITEM #2 8/2/05 PUBLIC ARTS PLAN - SUSANNA PEREDO - ITEM #3 8/2/05 HISTORICAL SOCIETY PRESENTATION - JANICE MARTINELLI - ITEM #4 8/2/05 COUNTY WATER AUTHORITY - DESALINATION ITEM # 5 8/2/05 CARE COMMITTEE REPORT - WATER AMEDEE - CHAIRMAN ITEM #6 8/2/05 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MAY 17, 2005 ITEM#7 8/2/05 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 8 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City awarding a contract to Reyes Architect, Inc. for $289,009 to perform design and construction administration services on the National City Art Center project PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Engineering EXT. 4387 See attached explanation. L Environmental Review `. 1-Financial Statement N/A MIS Approval Approved By: Finance Director The amount for the Contract Agreement is $289,009. Funding is available through Community Development Center (CDC) Department. goD72 Account No. (STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A L., ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Three Proposed Contract Agreements A-200 (Rev. 7/03) RE: Resolution of the City Council of the City of National City awarding a contract to Reyes Architect, Inc. for $289,009 to perform design and construction administration services on the National City Art Center project Background On January 18, 2005, an agreement was approved between Reyes Architect and the City of National City to provide preliminary architectural and engineering services for the proposed Art Center (Phase 1) project in National City. The first phase of the project included review of the existing plans and evaluation of the current building conditions, and coordination with the city staff. In addition, the Consultant participated in the outreach and workshop events, provided presentations, collected the results, and provided a final report of the findings. On June 21, 2005, the last workshop was held before the City Council and the final findings were presented. In this workshop, five cost alternatives were presented for five different building improvement scenarios. The City Council unanimously made a motion and approved the first cost alternative. The first cost alternative includes the "must do items" and meets the available funding amount. The project will upgrade the existing building conditions and provide basic improvements. Project Schedule and Proposed Scope of work The project will be completed in the following phases/periods: Phase 1 (completed) Phase 2 (8/8/05-4/6/06): design the work and develop plans, specifications, and cost estimates for the "must do work" which will include the necessary features for the potential future expansion, and provide supporting services during the bidding process and construction period. Phase 3 (4/7/06-2/27/07): Bid, award, and construction The purpose of this contract is to proceed with the 2nd phase of the project, and then move on to the 3rd phase (construction). For more detailed review of the scope of work, please see Exhibit "A" of the attached contract proposal. 1 Recommendation Reyes Architect provided complete services during the first phase of the project and demonstrated technical expertise, thoroughness, and professionalism on their assignments. They are very familiar with the project goals and objectives. Therefore, engineering staff recommends that the second phase of the project be awarded to Reyes Architect. The contract before the Council for approval is for the completion of the 2nd phase of the project. Financial The fees were negotiated with the Consultant for this work. Currently, the amount budgeted for the project is $1,500,000 (+/-) through bonds. The amount needed for implementation of the 2"d Phase of the project is $289,009. Attachments Details of the scope of work for the 2nd phase, cost estimates, and schedules for this agreement are included in the attached Exhibits "A", "B", and "C". A biography of the firm is attached as Exhibit "D". 2 RESOLUTION 2005 — 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $289,009 WITH REYES ARCHITECT, INC. TO PROVIDE DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE NATIONAL CITY ART CENTER PROJECT WHEREAS, the City desires to employ a contractor to provide design and construction administration services for the National City Art Center Project; and WHEREAS, the City has determined that Reyes Architect, Inc. is a professional architectural/engineering consulting firm and is qualified by experience and ability to perform the services desired by the City, and Reyes Architect, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Reyes Architect, Inc. in the amount of $289,009 to provide design and construction administration services for the National City Art Center Project. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND REYES ARCHITECTS, INC. THIS AGREEMENT is entered into this 2nd day of August, 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Reyes Architecs, Inc., a California Professional Corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the architectural design services for the National City Art Center Project (Phase 2). WHEREAS, the CITY has determined that the CONTRACTOR is a professional Architectural/Engineering consulting firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. Revised October 2003 1 3. PROJECT COORDINATION AND SUPERVISION. Mr. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Mr. Hector A. Reyes thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, andshall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the 2 Revised October 2003 CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 Revised October 2003 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Revised October 2003 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to 5 Revised October 2003 purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- !. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) .or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. ment. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or 6 Revised October 2003 suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by 7 Revised October 2003 overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Hector A. Reyes President Reyes Architects, Inc. 2369 Eastridge Loop Chula Vista, CA 91915 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised October 2003 ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A — Scope of Services Exhibit B — Fee Schedule Exhibit C — Project Schedule Exhibit D — Firm's Biography F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 9 Revised October 2003 K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY REYES ARCHITECS, INC., A CALIFORNIA PROFESSIONAL CORPORATION (Two signatures required for a corporation) By: By: Nick Inzunza, Mayor (Name) APPROVED AS TO FORM: (Title) By: George H. Eiser, III (Name) City Attorney (Title) 10 Revised October 2003 • PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, Califomia 91950 DATE: July 21, 2005, 2^d Proposal for 2^d. Phase; July 15, 2005, 1st Proposal for 2^d. Phase SCOPE OF WORK ■ REYES architects H ■ EXHIBIT `A' The project scope will consist on the planning and architectural design services for the remodel of the existing National City Library and convert it to the new Art and Culture Center. Excerpt from RFQ: "The center will include facilities for arts and crafts classes of all kinds, facilities for dance classes and performances, as well as other various classes." Due to the limited budget available at this time (+/- $1,500,000.00), the size of the existing building (+/- 22, 478 SF), existing conditions and community output we are going to limit our scope of work for the project on the following premise: concentrate our efforts on life, health and safety issues as they pertain to the existing building. For the future we will plan and incorporate wherever possible future stubs and plan ahead for a subsequent phase where the final design and refurbishment of the new Art Center will take place. This phase will address issues in the following manner: HAZARDOUS MATERIALS ABATEMENT Asbestos Roofing Removal (must disturb for structural, to be verified) Asbestos Ductwork Removal (must disturb for mechanical, to be verified) Asbestos in Flooring & Ceil ings (not a must disturbyet, to be verified) Lead (not a must disturb until new construction, to be verified ) Mold Remediation & Repairs (assume some in basemen, to be verified ) Dry Rot (assume a certain degree due to building age, to be verified) Termite Damage (a given every15 years, to be verified ) PCBs or other, to be verified CIVIL Sewer Pipe Root Damage replacement including resurfacing Fire water supply (only a must do if new construction occurs) HVAC Remove old Air Handling Units and Plenums New Heat Pump Spli t System Miscellaneous repairs to interior/exterior finishes for installation SPECIAL CONSTRUCTION New Fire Sprinkler System for an old wood building ELECTRICAL New Lighting Eliminate the condensation problem at the data equipment Upgrade existing 35 year old electrical equipment before it breaks down unexpectedly or contributes to a fire h azard Bring Emergency Egress Lighting up to code Bring LED Exit Signage up to code Add Smoke Detectors, Strobes and Duct D etectors and Replace existing Fire Alarrn System to meet current Code ARCHITECTURAL New Entries @ North and West, includin g stucco and flashing Drywall & Stucco Repairs & Upgrades New interior doors and hardware hreyes@REYESarchitects.com 1 2369 Eastridge Loop • Chula Vista California 91915 I PH (619) 216-8965 I FX (619) 216-8902 1 of 22 // ■ REYES architectsN • EXHIBIT `A' PROJECT: National Center Art Center, City of National City, California Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,1d+ Proposal for 2nd. Phase Painting of Exposed roof structure, ductwork & conduit Painting of Exterior Stucco, Wood Trim, Doors & Windows LOCATION The new Art and Culture Center will be located in the building that currently serves as the Municipal Library at 200 East 12th Street, National City, Califomia. The project site is located at the northwest end of Kimball Park, on a small mount overlooking the park within the existing National City Public Library. To the North is the existing baseball/softball diamond with concrete seating for approximately 600-800 people. To the South are the existing Martin Luther King community center and the Park and Recreation Center. BASIS FOR PROPOSAL Our proposal is based on: meeting with Mayor and Council (June 211, 2005), subsequent conversations with the Department of Public Works and Engineering. EXECUTION OF WORK All major project coordination, production of drawings and documentation, will be performed and executed at the offices of REYES Architects Inc., located in Chula Vista, CA 91915, USA. It is foreseen that a representative from REYES architects will visit the project site and Clients headquarters for meetings regarding project updates; agency, and community project presentations. REYES Architects Inc. was established in Chula Vista, Califomia, USA; and is registered in the State of Califomia as a corporation with its legal address being 2369 Eastridge Loop, Chula Vista, Califomia. hreyes@REYESarchitects.com 12369 Eastridge Loop Chula Vista California 91915 I PH (619) 216-8965 ( FX (619) 216-8902 2of22 ■ REYESarchitects N PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2^d Proposal for 2nd, Phase; July 15, 2005, 1rt Proposal for 2nd. Phase PROCESS SYNOPSIS PHASE —1 Part No. 2 — Outreach & Workshops (part—B) COMPLETED Part No. 1— Due Diligence (part — A) COMPLETED PHASE — 2 Part No. 3 — Conceptual Visualization Development of Architectural Character Direction (existing library conversion) Architectural Character "Vision" Design Drawings Design Guidelines • EXHIBIT `A' Part No. 4 — Schematic Design Refinement of conceptual vision of library conversion Initial studies of building systems Consultants: Landscape, Civil, Structural, Mechanical, Plumbing, Electrical, Construction Management Part No. 5 — Design Development 5.1 Refinement of Schematic Design of library conversion 5.2 Refinement of building systems and extend of remodel 5.2.1 Consultants: Mechanical, Plumbing, Electrical, Construction Management Part No. 6 — Construction Documents 6.1 Development of Project Construction Documents and Specifications 6.2 Submit Project for Plan Check 6.3 Plan Check comments and revisions Part No. 7 — Bidding 7.1 Pre -Construction bid meeting 7.2 Issuance of Addenda (if required) 7.3 Project Management review of bids (if required) Part No. 8 — Construction Administration 8.1 Review contractor submittals 8.2 Respond to contractor Requests For Information 8.3 Attend site meetings 2N0 phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com 12369 Eastridge Loop Chula Vista California • 91915 I PH (619) 216-8965 I FX (619) 216-8902 3 of 22 ■ REYES architects ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, California Project #: 2004, 023.01 OWNERICLIENT: Stephen Kirkpatrick, City Engineer, City of National City, Califomia 91950 DATE: July 21, 2005, 2nd Proposal for 2^d. Phase; July 15, 2005,1d Proposal for 2nd. Phase Architecture, REYES Architects Part No. 3 - Conceptual Design This phase has two major components for this project. a. Development of Architectural Character Direction (existing library conversion) 1. Development of Project Program 2. Architectural Character "Vision" 3. Design Drawings b. Master Planning Design 1. Site research / data collection 2. Development of Master Plan Project Program 3. Conceptual Master Planning altematives (Discovery of Design Vision) This phase will consist on the planning and architectural professional design services based on information provided by Client. This phase will encompass the initial ideas and space relationships of the project , and assistance in identifying the design issues of the project. Final product will be various hand and Computer Aided Design (CAD) drawings, study models (if applicable), sketches, three-dimensional drawings and a computer model. Each conceptual design, alternative or variation is depended of Client authorization to proceed. All of these parts will be performed concurrently. The Specific Scope of Work for the existing library conversion and the ultimate future project has the same steps. Hence for brevity we have combined them. At the end we will provided a separate fee for each phase. Part No. 3.1 DEVELOPMENT OF ARCHITECTURAL CHARACTER DIRECTION (existing library conversion) 1. Refinement of project program (concurrent with master plan and ultimate future project) a. Assemble information from workshops and create preliminary program i. Major spaces (indoors and outdoors) ii. Secondary spaces (indoors and outdoors) iii. Sizes and adjacencies b. Review with Agency, City Representatives, and Community"workshops". c. Refinement d. Confirmation 2. Architectural Character "Vision", (conceptual drawings and documentation) a. Development of design direction of project through image boards that include photographs to clarify architectural character. b. Assemble and prepare examples of architectural options of existing similar built projects i. Character image boards (4) 1. Choreography 2. Massing and Articulation 3. Color, Texture and Materials 4. Streetscapes, parks, links and amenities c. Review meeting with Client to confirm design direction. d. Obtain building footprints from City hreyes@REYESarchitects.com 12369 Eastridge Loop • Chula Vista • California • 91915 I PH (619) 216-8965 I FX (619) 21o6-8902 • PROJECT: Project #: OWNER/CLIENT: DATE: ■ REYES architects N National Center Art Center, City of National City, Califomia 2004, 023.01 Stephen Kirkpatrick, City Engineer, City of National City, California 91950 July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,1rt Proposal for 2nd. Phase i. Create CAD floor plan base drawings of existing building e. Refinement of conceptual site and preliminary layout floor plans based on comments. f. Preparation of design studies based on comments and finalize conceptual design package. i. Written description of design concept. ii. Site plan with conceptual landscape and development data. iii. Conceptual Floor Plans iv. Conceptual Building elevations v. Conceptual Building sections vi. Concept sketches (11x17 format) vii. Axonometric (three dimensional views) viii. Preparation of conceptual streetscape building elevations/site sections- 3D study sketches. (in color) 1. Site project elevations (views to be determined) 2. Project site sections (to be determined) g. Prepare 3D-CAD wire frame for concept sketches of site and buildings. h. Preparation of concept sketches (3-in color) as required (by hand and/or computer) i. Preparation of 3D-computer model of Master Plan (before and after) j. Conceptual massing architectural model k. Conduct initial building code review. I. Development of design direction of project through materials and color palette and sketches. m. Prepare summary of development yield based on revised conceptual site plan and floor plans. n. Revised parking demand analysis study o. Presentation to Client and project team. p. Confirm design direction. q. Coordination with Client and project team. 3. Design Drawings (Refinement and Presentation production) a. Master Plan with development data b. Update preliminary Master Plan based on refinement of building floor plans c. Refinement of design studies based on comments and finalize conceptual design package. i. Written description of design concept. ii. Site plan with conceptual landscape, parking and development data. iii. Conceptual Floor Plans (1) iv. Conceptual Building elevations (4-in color) v. Conceptual Building sections (2) vi. Concept sketches (2-in color, 11x17 format) vii. Axonometric (2-three dimensional views) viii. Concept Architectural massing model (1-optional, not a part) d. Building materials and color selections and preparation of sample board. e. Color and mount drawings for presentation, and group presentation purposes. f. Refinement of 3D-computer model of Master Plan (before and after) g. Refinement of Conceptual Architectural model i. First phase model (remodel) ii. Second phase model (ultimate project) h. Review meeting with Client. i. Review and presentation of conceptual design to community groups (if required) j. Review project with City Staff to confirm substantial conformance and process with entitlements (if required) k. Meeting and coordination with Client and Clients construction cost estimator/contractor; their preparation of preliminary cost estimate based on conceptual design exhibits. I. Meeting with Client to review cost estimate and project budget, and confirm direction including evaluation if additional changes are necessary to address project budget constraints. EXHIBIT `A' hreyes@REYESarchitects.com 12369 Eastridge Loop - Chula Vista California - 91915 I PH (619) 216-8965 I FX (619) 216-8902 5 of 22 ■ REYESarchitectsN • EXHIBIT `A' PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2^" Proposal for 2^". Phase; July 15, 2005,1st Proposal for 2^d. Phase m. Revisions to project design exhibits based on Client's comments and budget constraints. (Note: This task could be minor or extensive depending on budget constraints, if revisions are substantial additional fees may be required). n. Landscape Architect coordination: i. Design direction workshops (2) ii. Project coordination o. On going coordination with project team and Client. p. Review meeting with project team and Client. q. Review with City Staff. 4. Power Point preparation a. Presentation preparation of project through Power Point program for visual presentation for city processing, Client review, and community support. b. Presentation will include images produced previously: i. Project Goals ii. Site context iii. Project Description iv. Site Plan v. Before and after collage concept sketch photos with reference text (3-slides) vi. Concept building elevations vii. Concept site building sections viii. Project Summary Par No. 3.2 CONCEPTUAL MASTER PLANNING DESIGN 1. Site research 1 data collection a. Review available site data, community surveys, and programmatic requirements. b. Review available information obtained from Client such as plans and engineering documents, topographic map, soils information, zoning information, project review process through the City Planning Department and general information. c. Preparation of site base map from available engineering maps, for planning purposes. d. Site reconnaissance: i. Regional and local relationship of the site ii. Compatibility of surrounding land uses iii. Relationship to existing improvements / context iv. Site orientation priorities. (Climate / Environment / Solar orientation) v. Review of existing and future improvements vi. Transportation linkages and vehicular and pedestrian circulation patterns (intemal and external) vii. Topography viii. Sightlines within and beyond the site boundaries e. Design Workshop Meeting with Project Team to review Client's goals for the project and initial development program of potential uses: i. Development goals ii. Development program including functional relationships iii. Project design direction strategy iv. Development requirements and standards v. Project Schedule vi. Phasing f. Coordination and distribution of Documentation 2. Conceptual Master Planning alternatives (Discovery of Design Vision) hreyes@REYESarchitects.com 1 2369 Eastridge Loop • Chula Vista • California • 91915 I PH (619) 216-8965 FX (619) 216-8902 6 of 22 • PROJECT: Project #: OWNER/CLIENT: DATE: a. b. c. d. e. f. g• h. j. National Center Art Center, City of National City, California 2004, 023.01 Stephen Kirkpatrick, City Engineer, City of National City, California 91950 July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,1st Proposal for 2nd. Phase Meeting with City Staff to review project, identify issues, and determine processing requirements. Preparation of opportunities and constraints site analysis Determination of desirable and undesirable space relationships in regards to locations and orientations. Layout of project components with pedestrian and vehicular circulation. Relationship to existing improvements Design Strategy Narrative (goals) Preparation of initial conceptual site plan studies with development data (2-options) Prepare summary of development yield based on conceptual site plan and floor plan diagrams Review meeting with Client Review with City Staff. ■ REYES architects N EXHIBIT 'A' Part No. 4 — Schematic Design Provide architectural design services related to the schematic design, for purposes of establishing design standards and consistency among construction documents. We will prepare the following: a. Preparation of schematic building elevations Computer Aided Design (CAD), four sides per building: i. Critical dimensions ii. Color and material legends b. Selection of colors and material finishes c. Refinement of schematic building canopy and wall sections, based on building elevations. d. Preparation of lighting concept design and initial fixture selection. e. Review meeting with Client. f. Review meeting with tenant. g. Revisions to schematic building elevations, sections, and colors and material finishes based on Client's and tenant's comments. h. Preparation of schematic design drawing package: i. Cover sheet ii. Information sheet iii. Site Plan iv. Building floor plan v. Reflected canopy, lighting plan vi. Roof plan vii. Exterior Building elevations (4 sides) viii. Building Sections (2) ix. Entry canopy sections, wall and column sections x. Architectural details xi. Building materials and colors finish schedule and sample board. i. Meeting with Client, construction team and project team members to review preliminary cost estimate and probable systems concepts. i. Cover sheet ii. Building systems preliminary analysis iii. Exterior Materials and finishes iv. Special features hreyes@REYESarchitects.com i 2369 Eastridge Loop • Chula Vista California • 91915 i PH (619) 216-8965 I FX (619) 216-8902 7 of 22 /7 ■ REYES architects N ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, California Project #: 2004, 023.01 OWNERICLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005, 1st Proposal for 2nd. Phase Part No. 5— Design Development • Meeting with Client and Client's construction team to review Client approved project design, confirm budget, review project status, and identify revisions and/or value engineering options as necessary. Meeting with Client, construction team and project team members to review preliminary cost estimate and probable systems concepts. • Exterior Materials and finishes • Special features • Consultant coordination and preparation of drawings with dimensions as required Coordinate site service requirements and design criteria for site water, sewer and fire service with Clients Civil Engineer (if required) Preparation of mechanical, electrical and plumbing system concepts with consulting engineers and identify probable location, space requirements, and distribution. (if required) • Conduct building code review and meeting with building department officials. • Conduct research of building materials for Client review and updated cost information. • Preparation of Schematic Design/Design Development package (Computer Aided Design -CAD, with dimensions as required) including: Architectural site plan Building floor plans Roof Plan Exterior building elevations Building sections Wall Sections Preliminary details Update mechanical, electrical and plumbing plans (if required) • Meeting with Client and project team, identify issues; confirm direction, review and make decisions on cost issues prior to start of construction documents. • Submit Schematic Design/Design Development documents for Client approval. Site lighting layout (if required). Building code check and review of agency requirements. Determine with consultant site service requirements and prepare design criteria of utility services for site electrical, telephone, cable TV, and gas. Coordination with consultant of local utility companies; service requirements for electrical, telephone, cable TV, and gas. Review with Client and obtain documentation for the specific requirements of the following: plumbing fixtures, lighting, millwork, doors, windows, hardware, interior finishes, (if required). Finalize exterior material and color selection. Prepare outline specifications and confirm material and equipment selections. Attendance at Schematic Design/Design Development phase project team meetings (4). Coordination with Client's construction team; their preparation of Construction Cost Estimate based on Schematic Design/Design Development documents. Review and make design decisions on cost elements prior to Construction Documents Phase. Submit Schematic Design/Design Development documents for Client's approval. Part No. 6 — Construction Documents (plans and specifications) • Prepare Architectural construction documents based on the approved schematic design/design development documents: • Cover sheet. • Title sheet/project information: sheet directory, index and abbreviations. • General Notes • Vicinity Site Plan (for reference). hreyes@REYESarchitects.com 2369 Eastridge Loop • Chula Vista • California • 91915 l PH (619) 216-8965 l FX (619) 216-8902 8 of 22 rg • PROJECT: National Center Art Center, City of National City, California Project #: 2004, 023.01 OWNERICLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2^d Proposal for 2^d. Phase; July 15, 2005,1•1 Proposal for 2nd. Phase • Site Plan. • Site Architectural details. • Demolition plans (floor plans and elevations) • Building floor plans. • Roof Plan • Building reflected ceiling plans. • Building elevations. • Building sections. • Wall sections. • Interior elevations and details. • Architectural details and schedules. • Mechanical, Electrical and Plumbing plans, details. • General Standard Construction specifications. • Coordination of preparation Title 24 energy analysis with consultant. • Coordination with Mechanical, Electrical and Plumbing Consultants or designer/builders for the preparation of their drawings and Specifications. • Submit Construction Documents to Client for review and to Building Department for Plan Check. • incorporate building department comments in construction documents based on Plan Check and coordination with Construction Document Consultants. • Obtain Client's approval of construction documents. ■ REYES architects N Part No. 7 — Bidding • EXHIBIT `A' • Assembly and distribution of bid packages to Client's Construction Team. • Conduct pre -construction conference. • Interpretation of documents and distribution of addenda responding to interpretation(if required). • Meeting to review and assist Client in evaluation of bids (if required). Part No. 8 — Construction Contract Observation Support Construction Observation services are based on a construction period from authorization to proceed to punch list inspection (38 week period). Basic services to be provided are: • Review of shop drawings, product data, samples and submittals as required by construction drawing and specifications. • Interpretation and clarification of any ambiguities of the Construction Documents for Architectural work for proper execution and progress of work. • Preparation of field orders and change orders. • Review and respond to Requests for information, • Preparation of project status reports and meeting with client and contractor (every two weeks if deemed necessary) • Provide project observation for compliance with contract documents, site visits and reports by Architect (every two weeks, unless otherwise agreed upon): • Preparing and administering Punch List inspection (1). • Punch list follow-up inspection (1). • Preparing Notice of Substantial Completion (1). • Review and certify applications for payments. • Issue Architect's Supplementary Instructions. • Determine approximate dates of Substantial Completion, and Final Completion Status Report of Project hreyes@REYESarchitects.com i 2369 Eastridge Loop Chula Vista • California 91915 1 PH (619) 216-8965 I FX (619) 216-8902 9 of 22 �9 ■ REYES architects ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNERICLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,1st Proposal for 2nd. Phase Preparation and coordination with project team of status report. (due date every (2) Weeks, Monday) Review of project status with City Staff (client), with at least one means of communication as stated below: Via telephone. Via e-mail. Via written report. 2No. phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com 12369 Eastridge Loop - Chula Vista • California - 91915 I PH (619) 216-8965 I FX (619) 216-8902 10 of 22 ■ REYES architects N ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,1n Proposal for 2^d. Phase Community Outreach and Graphic Design, Bennett Peji Design (BPD) Part No. 3 — Conceptual Visualization In order to maximize the limited renovation budget, it will be necessary to find very creative solutions in graphics, use of color and pattern utilizing inexpensive materials or the materials already being used for the building renovation. a. Building Identification — Signage Wayfinding Systems. i. Determine opportunities for and design: 1. markers 2. Banner systems 3. Building Identifier/ Signage b. Artistic Graphics to Enhance Painted or Other Surfaces i. Determine opportunities for and design. 1. Color usage, pattems, textures, graphic designs c. On going Community Liaison Work and Communications i. Maintain communication with stakeholders and potential operators. ii. Maintain Database. iii. Design final web site to post updated, progressive information on the Art Center for all stakeholders that can . be utilized for the permanent South County Art Center web. Part No. 4 — Schematic Design a. Coordination with project team Part No. 5 — Design Development a. Coordination with project team Part No. 6 — Construction Documents a. Coordination with project team 2ND. phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com 12369 Eastridge Loop Chula Vista California • 91915 I PH (619) 216-8965 I FX (619) 216-8902 11 of 22 ■ REYES architects N • ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNERICLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2^d Proposal for 2nd. Phase; July 15, 2005, 1st Proposal for 2nd. Phase Landscape Architecture, Marum Partnership Part No. 3 - Conceptual Visualization a. Attend one (1) community input workshop b. Assist Architect with development of ideas to integrate the project into the greater park c. Assist Engineer with development of circulation elements and parking lots d. Collaborate with Architect on the development of hardscape concepts e. Attend one (1) meeting with AE team and City staff to review design concepts f. Explore Value Engineering strategies g. Prepare overall landscape master plan h. Coordinate with cost estimator i. Attend one (1) community presentation meeting • DELIVERABLES: Prepare City submittal package to include colored master plan indicating configuration of entry, gathering plazas, and walkways, fenced enclosure areas, seating concepts, planting concepts, as well as a basis -of -design narrative. (See limit of work diagram). Part No. 4 - Schematic Design (NOT A PART) Part No. 5 - Design Development (NOT A PART) Part No. 6 - Construction Documents (NOT A PART) Part No. 7 - Bidding (NOT A PART) Part No. 8 - Construction Administration (NOT A PART) 2ND. phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com 12369 Eastridge Loop • Chula Vista • California • 91915 I PH (619) 216-8965 I FX (619) 216-8902 12 of 22 .2� ■ REYESarchitects N • ■ EXHIBIT 'A' PROJECT: National Center Art Center, City of National City, California Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,1rt Proposal for 2nd. Phase Civil Engineering, Flores Lund Part No. 3 — Conceptual Visualization a. Meetings with Architect b. Incorporation of Alternatives c. Analysis of ADA Paths of Travel d. Conceptual Grading and Utility Plan Part No. 4— Schematic Design a. Meetings with Architect to develop site altematives b. Recommend alternatives for additional parking, ADA path of travel and drop off area c. Prepare preliminary site Grading and Utility Plan Part No. 5— Design Development (NOT A PART) Part No. 6 — Construction Documents (NOT A PART) Part No. 7 — Bidding (NOT A PART) Part No. 8 — Construction Administration (NOT A PART) 2N0. phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com 12369 Eastridge Loop - Chula Vista California 91915 PH (619) 216-8965 I FX (619) 216-8902 13of22 ■ REYES architects N • ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005, 1st Proposal for 2nd. Phase Structural Engineering, Flores Lund Part No. 3 - Conceptual Visualization a. Meetings with Architect in order to develop Structural options b. Incorporation of options into Architectural drawings c. Analysis of Structural modifications d. Sketches of optional Structural modifications Part No. 4 - Schematic Design (NOT A PART) Part No. 5 - Design Development (NOT A PART) Part No. 6 - Construction Documents (NOT A PART) Part No. 7 - Bidding (NOT A PART) Part No. 8 - Construction Administration (NOT A PART) 2ND. phase - END OF SCOPE OF WORK hreyeS@REYESarChiteCts.com 12369 Eastridge Loop Chula Vista California • 91915 I PH (619) 216-8965 I FX (619) 216-8902 14 of 22 (99 ■ REYES architects N ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, California Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005, 1st Proposal for 2nd. Phase Mechanical Engineering, Salehi Salehi Part No. 3 — Conceptual Visualization (NOT A PART) Part No. 4 — Schematic Design a. Attend design meeting with architect and design team to finalize scope of design based on field investigation and meetings with City Staff, Mayor, City Council, and Parks & Recreation Department Staff. b. Provide written design criteria for the mechanical and plumbing systems indicating the specific requirements of the project. c. Establish conceptual design criteria and space requirements for major mechanical and plumbing within the building(s). Part No. 5 — Design Development a. Attendance at a total of one (1) meeting (two hours) during this phase of the project with City of National City project manager(s) for 50% review b. Attendance of meetings during this phase of the project with the architect, as required c. Prepare calculations and drawings showing design intent for all major mechanical systems d. Determine HVAC, air distribution. Assembling product literature explaining products proposed and submitted to the architect e. Prepare mechanical design for art center f. Specifications in book format Part No. 6 — Construction Documents a. Attendance at a total of one (1) meeting (two hours) during this phase of the project with City of National City project manager(s) for the 100% review. b. Attendance of meetings during this phase with the architect, as required c. Finalizing mechanical design to be submitted to Building Department d. Finalizing specifications e. Title 24 Calculation f. Coordination documentation with the requirements of building codes and agencies having jurisdiction Part No. 7 — Bidding a. Attendance at a pre bid construction meeting Part No. 8 — Construction Administration a. Interpret documents in area of consulting discipline and assist architect in preparation of addenda responding to interpretations b. Review bid breakdowns from contractor c. Assist with post -bid analysis of mechanical if required d. Respond to contractors request for information (RFI's). Provide clarifications and revisions to drawings and/or specification when required e. Review shop drawings and submittals. One -shop drawings and submittal review per specification section included in fee. Additional review's at $150/HR partial submittals wit not be accepted f. Field rough in observation and final inspection(s) visit g. Prepare mechanical and plumbing punch list (one field observation trip) h. Attend two construction meetings (two hours at each site visit) 2ND phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com 12369 Eastridge Loop Chula Vista California - 91915 I PH (619) 216-8965 1 FX (619) 216-8902 15 of 22 ■ REYES architects ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,1n Proposal for 2nd. Phase Plumbing Engineering, Salehi Salehi Part No. 3 — Conceptual Visualization (NOT A PART) Part No. 4 — Schematic Design a. Attend design meeting with architect and design team to finalize scope of design based on field investigation and meetings with City Staff, Mayor, City Council, and Parks & Recreation Department Staff. b. Provide written design criteria for the mechanical and plumbing systems indicating the specific requirements of the project. c. Establish conceptual design criteria and space requirements for major mechanical and plumbing within the building(s). Part No. 5 — Design Development a. Attendance at a total of one (1) meeting (two hours) during this phase of the project with City of National City project manager(s) for 50% review b. Attendance of meetings during this phase of the project with the architect, as required c. Prepare calculations and drawings showing design intent for all major plumbing special systems d. Determine water heater location(s) and types. Assembling product literature explaining products proposed and submitted to the architect e. Prepare plumbing design for modified restrooms f. Prepare mechanical design for art center g. Specifications in book format Part No. 6 — Construction Documents a. Attendance at a total of one (1) meeting (two hours) during this phase of the project with City of National City project manager(s) for the 100% review. b. Attendance of meetings during this phase with the architect, as required c. Finalizing plumbing design to be submitted to Building Department d. Finalizing specifications e. Coordination documentation with the requirements of building codes and agencies having jurisdiction Part No. 7 — Bidding a. Attendance at a pre bid construction meeting Part No. 8 — Construction Administration a. Interpret documents in area of consulting discipline and assist architect in preparation of addenda responding to interpretations b. Review bid breakdowns from contractor c. Assist with post -bid analysis of plumbing components, if required d. Respond to contractor's request for information (RFI's). Provide clarifications and revisions to drawings and/or specification when required e. Review shop drawings and submittals. One -shop drawings and submittal review per specification section included in fee. Additional review's at $150/HR partial submittals wit not be accepted f. Field rough in observation and final inspection(s) visit g. Prepare mechanical and plumbing punch list (one field observation trip) h. Attend two construction meetings (two hours at each site visit) 2No. phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com i 2369 Eastridge Loop - Chula Vista California • 91915 I PH (619) 216-8965 FX (619) 216-8902 16 of 22 ■ REYES architects N ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, California Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,1n Proposal for 2nd. Phase Electrical Engineering, Turpin and Rattan Part No. 3 — Conceptual Visualization (NOT A PART) Part No. 4— Schematic Design (NOT A PART) Part No. 5 — Design Development The scope of services for the Design Development Phase will consist of the following tasks, engineering, design and drawings suitable for the client's review of the electrical systems being proposed for this project. The design development submittal will include the following tasks and/or electrical system [s] as itemized below. a. Preliminary site electrical distribution system designs to include site electrical service, site telephone service, and site lighting distribution. b. Selected demolition drawings will be prepared as necessary. c. Interior lighting systems will be developed for all interior spaces. Lighting design will include foot-candle calculations, lighting controls, and light fixture selection for review by the client. d. Location of all receptacle devices, telephone outlets, data outlets, and miscellaneous devices will be indicated. e. Preliminary single line diagram will be developed and verification of space requirements for the electrical equipment room will be completed. f. Riser diagrams for all electrical sub -systems, i.e. fire alarm, security, closed circuit television, and telephone systems will be developed. g. Electrical load calculations will be started and updated throughout the design process. h. Coordination with the Mechanical, Structural, Civil, Landscape Architect, and Architect will be continuing throughout the design phase. i. Location of mechanical equipment and the associated electrical requirements will be indicated. j. Outline specification will be prepared. k. Preliminary estimate of probable electrical construction costs will be developed and updated during the design. Part No. 6 — Construction Documents The scope of services for the Construction Document Phase of work will consist of plans and specifications suitable for bidding purposes, which will include the following tasks and/or electrical system designs. The contract documents will conform to the standard of care for a project of this type, size, and complexity. The design and engineering for this phase of the work will comply with accepted electrical engineering practices. a. Correspondence to San Diego Gas & Electric informing them of the additional loads being added to the existing service. b. Final coordination with the local Cable Television franchise for the site CATV service (If available). The site CATV service will include all sub -structures and duct banks, which will comply with their requirements. c. Selected demolition drawings will be completed as necessary. d. Interior lighting will be completed and designed to meet the specific foot-candle requirements of the client. In lieu of specific requirements, the standards set forth by Illuminating Engineering Society (IES) will be followed. e. Emergency lighting will be designed to meet the minimum code requirements set forth in the Uniform Building Code. f. Specialty interior lighting will be designed per Architects request. g. Interior lighting controls will comply with the California Code of Regulations (CCR). Dimming systems will be provided in the specific areas identified by the client. h. Miscellaneous branch circuiting will be provided to accommodate special requirements noted by the client. i. Telephone and data outlets shall be provided in the locations indicated by the client. The telephone/data outlets will consist of conduit only. The specifying of telephone/data communications equipment is not included. Interior electrical distribution will be completed including load calculations, voltage drop calculations, and short circuit calculations. All feeders shall be sized to include 25% future growth. hreyes@REYESarchitects.com j 2369 Eastridge Loop Chula Vista • California • 91915 1 PH (619) 216-8965 1 FX (619) 216-8902 17 of 22 OC 7 ■ REYES architects N • ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2^d Proposal for 2^d. Phase; July 15, 2005,15, Proposal for 2^d. Phase k. Electrical sub -systems design will be completed. The sub -systems shall include fire alarm, security, closed circuit television, and HVAC feeds. I. Exterior lighting design will consist of hardscape areas, and other exterior building areas identified. The exterior lighting design will comply with any outdoor fighting ordinances adopted by the local municipality, m. Title 24 lighting calculations will be completed. n. Estimate of probable electrical construction costs will be established for budgeting purposes only. o. Agency review and plan check corrections will be completed. p. Specifications will be completed for all electrical components of the project. Specifications will utilize the CSI format. Part No. 7 — Bidding The scope of services during this phase of work will include the following tasks and services: a. Attendance at a pre bid construction meeting. b. Issue construction document clarifications and addenda. c. Respond to the bidders questions via the addenda method. The Client and/or the Architect will handle all communication with the contractors. d. Review with the Client and the Architect the contractor's bids and review any substitutions proposed by the contractors. Part No. 8 — Construction Administration • Construction Administration Phase: The scope of services for the Construction Administration Phase will include the following tasks and services: a. Review of the electrical contractor's submittals for conformance with the general design concept. Submittals will not be reviewed for strict compliance with the Construction Documents. b. Attend monthly construction meetings during the construction interval. During these site visits, the electrical construction progress will be observed for general conformance to the plans and specifications. c. Response to the electrical sub -contractors questions and inquiries regarding interpretation of the plans and specifications. d. Issue construction document clarifications. e. Prepare the "punch list" for conformance to plans and specifications. • Project Close Out Phase: The scope of services for the Project Close Out Phase will include the following tasks and services: a. Preparation of record electrical drawings from drawings prepared by the electrical sub -contractor. The "record drawings" revisions will be computer drafted and incorporated into the record electrical drawings. 2N0. phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com 12369 Eastridge Loop - Chula Vista • California • 91915 I PH (619) 216-8965 FX (619) 216-8902 18 of 22 ■ REYES architects N • EXHIBIT 'A' PROJECT: Project #: OWNER/CLIENT: DATE: National Center Art Center, City of National City, California 2004, 023.01 Stephen Kirkpatrick, City Engineer, City of National City, California 91950 July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005, 1 ' Proposal for 2.d. Phase Construction Management, Cornerstone Part No. 3 — Conceptual Visualization a. Constructability review including Value Engineering and Analysis, Means & Methods Review, Product Evaluation, Change Order Avoidance and Practical Tolerance Review b. Benchmark Cost Estimating c. General Coordination Conference telephone calls and desk work Part No. 4 — Schematic Design a. Constructability review including Value Engineering and Analysis, Means & Methods Review, Product Evaluation, Change Order Avoidance and Practical Tolerance Review b. Benchmark Cost Estimating c. General Coordination Conference telephone calls and desk work Part No. 5 — Design Development a. Constructability review including Value Engineering and Analysis, Means & Methods Review, Product Evaluation, Change Order Avoidance and Practical Tolerance Review b. Benchmark Cost Estimating c. General Coordination Conference telephone calls and desk work Part No. 6 — Construction Documents a. Constructability review including Value Engineering and Analysis, Means & Methods Review, Product Evaluation, Change Order Avoidance and Practical Tolerance Review b. Benchmark Cost Estimating c. General Coordination Conference telephone calls and desk work Part No. 7 — Bidding Part No. 8 — Construction Administration 2N0. phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com 1 2369 Eastridge Loop - Chula Vista • California • 91915 I PH (619) 216-8965 I FX (619) 216-8902 19 of 22 ■ REYES architects N ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, California Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,1st Proposal for 2nd. Phase Hazardous Material Abatement, Air Building Science Part No. 3 — Conceptual Visualization (NOT A PART) Part No. 4 — Schematic Design a. Building Survey to determine extend and condition of potential hazardous materials. b. Identify and define the materials needing special handling and how to manage them during construction. c. Sample all of the suspect materials in the building; assess their conditions and quantifying them. Part No. 5 — Design Development a. Describe through CAD drawings showing the sample locations, extent of Asbestos Containing Materials "ACM" and damaged areas. b. Recommendations for how to handle the materials and provide you with a rough order of magnitude cost estimate for any recommended repairs or removals of the ACM that can remain in place and does not need to be disturbed will be clearly identified. Part No. 6 — Construction Documents a. Provide an approximate cost estimate for abatement along with the plans and specifications. b. Develop the design package. Part No. 7 — Bidding a. Assistance with a list of pre -qualified asbestos abatement contractors who can bid on the work. b. Participate in the pre -bid meeting, write and distribute addendums and direct the bid -opening meeting. c. Assistance with selecting the best bid for the project. Part No. 8 — Construction Administration a. Review and respond to Requests for information. 2N°. phase - END OF SCOPE OF WORK hreyes@REYESarchitects.com 1 2369 Eastridge Loop - Chula Vista • California - 91915 PH (619) 216-8965 I FX (619) 216-8902 20 of 22 so ■ R EYES architects N • ■ EXHIBIT 'A' PROJECT: National Center Art Center, City of National City, California Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2nd Proposal for 2nd. Phase; July 15, 2005,10 Proposal for 2nd. Phase ARCHITECTURAL FEES Based on the previous described services the fees are for Planning and Architectural Professional design services only. See enclosed Fees matrix exhibits (EXHIBIT'B') 1. Project Summary of scope of work and tasks 2. Project summary of fees 3. Reyes Architects summary of fees 4. Bennett Peji Design summary of fees 5. Marum Partnership, landscape, summary of fees 6. Flores Lund, civil engineer, summary of fees 7. Flores Lund, structural engineer, summary of fees 8. Salehi Salehi, mechanical engineer, summary of fees 9. Salehi Salehi, plumbing engineer, summary of fees 10. Turpin & Rattan, electrical engineer, summary of fees 11. Comerstone, Construction Manager, summary of fees 12. Air Building Science, Hazardous Materials Abatement consultant, summary of fees This agreement provides a fee based on the Scope of Services provided any program revisions, extended schedule, additional studies or exhibits, or an increase in the number of meetings could necessitate an adjustment in the contract fees. This agreement provides an hourly estimate based on the Scope of Work that we are able to identify at this time. This part of the work will be performed on an hourly fee basis. Fees will not exceed this amount without prior written or verbal authorization from Client. Reimbursable expenses will be billed at cost of actual expense plus a handling and administration fee of 15%; costs will include: reprographics, blueprinting, photography, long distance communications, fax transmittals, processing fees, travel expenses, delivery service, postage and similar expenses. Mileage will be billed at $0.375 per mile. Expenses other than those listed above would be reimbursed only with prior authorization from the Client. Consultant services will be provided at the amount billed to the Architect plus a handling and administration fee of 15%. Consultants hired by the Client for Architect's coordination will be billed at 0.1 times the amount billed to the Client. (10% markup to Clients direct cost for coordination of Clients consultants) Other Associated Professional fees not included: • Soils Engineering • Environmental Consultant • Traffic Consultant HOURLY RATE SCHEDULE (2004) For those services rendered on an hourly basis, the professional staff will be charged at the following rates, subject to review after January 01, 2006. NOTE: We have noted for each consultant their hourly rates within their summary of fees. Principal $150/Hr. Architect/Associate $125/Hr. Project Architect $110/Hr. Design Architect/Planner $95/Hr. Intermediate Architect $85/Hr. Intern Architect /Draftsperson $75/Hr. Word Processing/Clerical $55/Hr. hreyes@REYESarchitects.com i 2369 Eastridge Loop - Chula Vista • California 91915 I PH (619) 216-8965 I FX (619) 216-8902 21 of 22 ■ REYES architects N ■ EXHIBIT `A' PROJECT: National Center Art Center, City of National City, Califomia Project #: 2004, 023.01 OWNER/CLIENT: Stephen Kirkpatrick, City Engineer, City of National City, California 91950 DATE: July 21, 2005, 2•d Proposal for 2nd. Phase; July 15, 2005,1n Proposal for 2•d. Phase SCHEDULE Project schedule is dependent on Client and project approval process by agencies having jurisdiction. Any entitlement review process with any government agency having jurisdiction over this project or preparations of exhibits for entitlements are not a part of this schedule. The project schedule provided is intended to provide an approximate timeline for the duration of the project. See enclosed Project Schedule (EXHIBIT'C') ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY FEE BASIS UNLESS OTHERWISE NOTED • Preparation of Architectural models. • Design coordination during construction documents, bidding and during construction. • Coordination of work performed by separate Contractors or by Client's consultants not included under basic services. • Additional meetings or price reviews for bidding phase, if required. • Redesign or revisions to documents based on adjustment in project budget or changes in Contractor estimates. • Assisting Contractor with value engineering or special studies beyond the scope of work. • Preparation and coordination of entitlement permit documentation (graphic and written) and related govemmental services associated with this project. ASSUMPTIONS • Civil Engineering, Soils Engineering, and other special consultants not identified in the scope of services that may be required will be provided by the Client. • There are no unusual soil conditions and the Client will provide REYES architects, Inc., with an updated soils report. The project will require conventional foundations only. • Final Selection of all finish materials and colors to be reviewed by REYES architects, Inc. • Design services, based on the facility program/drawings provided by the Client, will respond to the requirements of the review agencies having jurisdiction over the project. Services beyond this level, if requested by the Client, will be considered an Additional Service. • Responsibilities: The Client will, at his own expense, furnish the following information for the Architect's use: • Scalable CAD file drawings of the proposed site and existing buildings. • Legal description and use of property including variances, setbacks, and easements • Client will coordinate all distribution of public notice packages related to the project. Reyes Architects will provide documentation (written and/or graphic) that is required for public notice package. • The following services are specifically excluded from this proposal unless otherwise noted: • Meetings with Regulatory Agencies to resolve Codes Issues. • Development of measured CAD drawings of proposed site. • Services or coordination of any consultant unless described herein. • Services of the Architect's or consultant required for response to an appeal, lawsuit, or extended negotiations with any agencies having jurisdiction over this project with the city, following approval of the project and/or issuance of the use permit. • Services of the Architect's or consultant required for bidding and negotiations with the contractor, or construction administration (other than as specified above) • All permit, plan checking, review and miscellaneous fees to be the responsibility of the Client. ACCEPTANCE AND FIRST INSTALLMENT PAYMENT Acceptance of this proposal and a first installment payment of 10% of the total fee at the start of the project is authorization to proceed with the Scope of Architect's Services described herein. The first installment payment will be applied to the final invoice for the project and is non-refundable. hreyes@REYESarchitects.com 2369 Eastridge Loop Chula Vista California 91915 I PH (619) 216-8965 I FX (619) 216-8902 22 of 22 National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT -'B' Project Summary A Reyes Architects Architecture and Planning Schematic Design E a o,> 0 01 0 0 w 0 c 2 c a 0 o° 32,560.00 16,600.00 19,200.00 39,900.00 14,150.00 26,100.00 a c 0 U 0 H N 0, u 0. 1 148,510.001 51.39%j sub -totals] 32,560.00 16,600.00 19,200.00 39,900.00 14,150.00 26,100.00 148,510.00 51.39% B Bennet Peji Design C Marum Partnership D Flores Lund E Flores Lund F Salehi Salehi G Salehi Salehi H Turpin and Rattan I CornerStone Building Group J Air Building Science K To be determined Community and Graphic Design 21,124,00 0.00 0.00 0,00 Lensdcepe 4,950.00 0.00 0.00 0.00 Civil 3,186.00 2,580.00 0.00 0.00 Structural 2,502.00 0.00 0.00 0.00 Mechanical 0.00 3.205.00 3,205.00 8,930.00 Plumbing 0.00 1,185.00 1,185.00 3,055.00 Electrical 0.00 0.00 5.827.50 12,817.50 Construction Management 7,640.00 7,640.00 7,640.00 7,640.00 Hazardous Abaternent 0.00 2,000.00 1,500.00 2,000.00 Testing 0.00 0.00 0.00 0.00 350.00 350.00 1,265.00 0.00 500.00 0.00 0.00 0.00 0.00 3,460.00 2,460.00 5,600.00 0.00 1,500.00 15,000.00 21,124.00 7.31% 4.950.00 1.71% 5,768.00 2.00% 2,502.00 0.87% 19,150.00 6.63% 8,235.00 2.85% 25,710.00 8.90% 30,560.00 10.57% 7,500.00 2.60% 15.000.00 5.19% sub-totalar 39,404.00 16,610.00 19,357.50 34,442.50 2,465.00 13,220.00 15,000.00j 140,499.00 48.61% totals percentage time (weeks) 71,964.00 33,210.001 38,557.501 74,342.501 16,615.00 39,320.001 15,000.00 289,009.00 24.90% 11.49% 13.34% 25.72% 5.75% 13.61% 5.19% 100.00% 5 4 4 8 4 38 Note: see exhibit 'C' Project Schedule for additional reference 63 15.75 100.00% weeks months 3:34 PM7/21/2005 C:lDocuments and SeltingslHector1drawings\2004,023.01 Art & Culture Center -phase II\contracts phase 111proposal #21project budget calculation -art & Culture center -consultants master format #2 Pan no Part no.4 Pan no. Part nc.6 Part no.1 Pert no 3.1 3.2 3.3 3.6 3.5 4.1 42 4.3 5.1 5.2 5.3 5.1 6.2 6.3 7., 72 7.3 B1 8.2 03 Part nog 91 National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT -'8' Consultant: Reyes Architects, Architecture f Planning Number of personnel hours Principal Mhr 5150.0D Intel hours Architect/ Associate 31hr 5125.00 total hours Project Architect $/I1r $11000 Iola! hours Design Architect 38u 595.00 total toady cost sub -totals Reimbursable, task totals (+/-J1 Weeks (4/-) Months Percentage CONCEPTUAL VISUALIZATION Program Refinement 40 460000 1.0 312500 00 50.00 1.0 595.00 020.00 40.00 $620.00 0.1 3% Arch ibcmral character vision 30.0 $4,50000 600 $7,500.00 0.0 50.00 30.0 52.850.00 114,850.00 $1.0000 S15,850.00 0.8 49% Design Drawings Refinement 20.0 43.000.00 400 45,000.00 0.0 50.00 20.0 $1,900.00 19,900.00 $1,000.00 810,900.00 0.5 32% Power Point 8.0 5900.00 2.0 $250.00 0.0 $0.00 12.0 51,140.00 12,290.00 50.00 $2,290.00 0.2 7% Coordination with City 18.0 52,700.00 0.0 50.00 0.0 $0.00 0.0 50.00 $2,700.00 50.00 52,700.00 0.5 9% I sub -total. 78.0 311,700.00 103.0 112,87500 0.0 $0.00 63.0 15,085.00 630,560.00 32,000.00 832,560.00 2.0 0.5 1001'. SCHEMATIC DESIGN Schematic Design 20,0 $3.000.00 60.0 57,50000 0.0 50.00 20.0 $1,900.00 $12,400.00 51,500.00 113,900.00 0.5 62% Coordination with City 10.0 $2700.00 0.0 50.00 0.0 50.00 0.0 50.00 82,70000 50.00 32,700.00 0.5 18% to be determined 0.0 10.00 0.0 $0.00 0.0 $0.00 0.0 50.00 30.00 50.00 30.00 0.0 0% I sub -totals 3B.0 00,700.00 60.0 17,500.00 0.0 $0.00 20.0 51,900.00 815,100.00 $1,500.00 116,600.00 1.0 0.2 100% DESIGN DEVELOPMENT Design Development 12.0 $1.800.00 60.0 17.500,00 0.0 50.00 60.0 55,700.00 115.000.00 51,500.00 516,500.00 D.3 85% Coordination with City 18,0 52.700.00 0.0 50.00 0.0 50.110 0.0 30.00 $2.700.00 30.00 $2,700.00 D.5 15% to be determined 0.0 S0.00 0.0 $0.00 0.0 50.00 0.0 30.00 80.00 50.00 f0.00 00 0% 1 9041.10001s 106.01 $4,500.90 60.01 17,500.00 001 30.00 60.01 $5,700.00 117,700.00 $1,500.00 $19,209.00 D.8 0.21 100% CONSTRUCTION DOCUMENTS Construction Documents 26.0 13.900.00 140.0 $17,500.00 0.0 50.00 140.0 S13,300.00 134,700.00 $2,500.00 937,200.00 0.7 93% Coordination with City 18.0 $2,700.00 0.0 $0.00 0.0 50.00 0.0 $0.00 $2,700.00 50.00 $2,700.00 0.5 7% to be determined 0.0 $0.00 0.0 1000 0.0 $0.00 0.0 10.00 $0.00 50.00 w.o6 0.0 0% 1 sub401als 44.01 16,600.00 14001 $17,50000 0.01 30.00 140.01 113,300.00 S37,400.06 82,500.00 $39,900.00 1.11 0.01 1.0 BIDDING Bidding Assistance 0.0 40.00 20_0 $2,500.00 0.0 $0.00 10,0 5950.00 $3,450.00 58,000.00 111,450.00 0.0 56% Coordination with City 18.0 $2,700.00 0.0 $0.00 0.0 50.00 0.8 80.00 12,700.00 50.00 $2,700.00 0.5 44% to be determined 0.0 $0.00 0.0 $0.00 0.0 50.00 0.0 $0.00 50.00 $0.00 $0.00 0.0 0% l sub.lotals 18.01 52,700.00 20.01 82,500.60 0.01 80.00 10,01 8950.00 86,150.00 18,000.00 314,150.00 0.51 0.01 1.0 CONSTRUCTION CONTRACT OBSERVATION Construction Contract Observation 0.0 8000 160.0 520000.00 0.0 50.00 20.0 $1,900.00 121.900.00 $1,500.00 123,400.00 0.0 89% Coordination with City 18.0 $2,700.00 0.0 $0,00 0.0 $0.00 0.0 S13.00 52,700.00 80.00 52,700.00 0.5 11% to h0 determined 0.0 $0.00 0.0 50.00 0.0 50.00 0.0 50.00 80.00 50.00 50.00 0.0 0% 1 s441-108109 16.01 12,700.00 160.01 510,000.00 0.01 40.50 20.01 51,900.00 834,600.00 81,500.00 $26,100.00 0.51 0.01 1.0 ADDITIONAL SERVICES to oe detenn,ned 0.0 10.00 0.0 50.00 0.0 50.00 0.0 80.00 $0.00 50.D0 $0.00 0.0 901V101 040401a1s 0.01 30.00 0.0I 5000 0A1 80.50 001 30.00 $0.00 $0.00 $0.00 0.01 0.01 601V101 PHASE .2, PROJECT TOTAL 302.01 333,900.00 543.01 $67,075.001 0.01 30.00 313.01 529,733:00 1131,510.04 117,000.00 $148,510.001 5.7] 0.01 8131V/01 3:40 PM7/21/2005 09Documenls and Sellings0iecloeldrawings12004,023.01 N18 Culture Canter -phase IIlmnVads phase I Ilproposal 02pojsd budgel calculation -art & Culture canter -consultants mole, formal 02 Part no.3 Part no.4 Part no.5 Part no.6 Part no.7 Part no.8 Pert no.9 3.1 3.2 3.3 3.4 3.5 4.1 5., 6.1 7.1 8,1 9.1 National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT -'B' Consultant: Bennett Peji, Environmental graphics Number at personnel hours Principal Sibs $150.00 total hours Archttacu Assoclate $lhr $0.00 total hours Project Architect $ihr S0.00 total hours Assistant Architect $Ihr $0.00 total hourly cost sub -totals Relmburaables task totals (+1-)1 Weeks (+1-) Months Percentage CONCEPTUAL VISUALIZATION Building Identification 26.0 $3,900.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $3,900.00 $0.00 $3,900.00 0.7 20% Artistic Graphics 39.0 $5,850.00 0.0 S0.0) 0.0 $0.00 0.0 $000 $5,850.00 $0.00 $5,950.00 1.0 29% Ongoing community liaison 31.0 $4,650.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $4,650.00 $0,00 $4,650.00 0.8 23% Workshop 37.0 55,550.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $5,550.00 61,174,00 56,724.00 0.9 28% to be determined 0.0 $0.00 0.0 80.00 0.0 $0.00 0.0 $0.00 $0.00 $0,00 50.00 0.0 0% I sub-t0tals 133.0 819,950.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $19,950.00 $1,174.00 $21,124.110 3.3 0.8 10D% SCHEMATIC DESIGN to be determined 0.0 $0.00 0.0 S0.00 0.0 $000 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #OIVIO! 1 sub -totals 0.0 S0.00 0.0 50.00 0.0 50.00 0.0 $0.00 50.00 $0.00 10.00 0.D 0.0 #DIVI01 DESIGN DEVELOPMENT to be determined 0.0 $0.00 0.0 $0.00 0.0 $000 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #DIVIO! sub -totals . 0.01 S0.00 0.Oj 50.00 0.0j $0.00 0.01 $0.00 50.00 $0.00 50.00 0.0 D.D1 #DIW01 CONSTRUCTION DOCUMENTS to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0,00 $0.00 $0.00 $0.00 0.0 #DIV101 sub -totals 0.01 $0.00 0.01 $0.00 04 50.00 0.01 $0.00 50.00 SON 50.00 0.01 0.01 #DIVIDI BIDDING to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 50.00 $0.00 0.0 #DIV/01 j sub -totals 0.01 $0.00 0.01 $0.00 0.01 50.00 0.0j $0,00 50.00 50.00 S0.00 0.01 0.01 #DIV(0I CONSTRUCTION CONTRACT OBSERVATION to be determined 0.0 $0.00 0.0 $0.00 0.0 $000 00 $0.00 $0.00 $0.00 $0.00 0.0 #DIV/0! sub -totals 0.01 $0.00 0.01 $0.00 0.01 $0.00 0.01 50.00 $0.00 $0.00 50.00 0.01 0.01 90N/01 ADDITIONAL SEVICES to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #0IV/0! sub -totals 0.01 50.00 0.01 $0.00 0.01 $0.00 0.01 $0.00 50.00 $0.00 S0.00 0.01 0.01 #DIV/01 PHASE -2, PROJECT TOTAL 133.01 $19,950.00 0.01 $0.00 0.0j $0.00 0.01 50.00 819,950.00 $1,174.00 $21,124.001 3.31 0.a1 #DIV/01 3:39 PM7/21/2005 C:Documents and SettingslHecloddrawings12004,023.01 Art & Culture Center -phase I0conlracts phase Illproposal #2lproject budget caltuleflon-art 11 Culture center -consultants master formal #2 Part no.3 Part no.4 Part no.5 Part no.6 Part no.7 Part no.8 Part no 9 3.1 3.2 4.1 5.1 6. 7. B. 9 National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT -'B' Consultant: Marum Partnership, Landscape Architect Number of personnel hours Principal Situ $150.00 total hours Architect/ Associate $/hr $100.00 total hours Project Architect Slhr $0.00 total hours Assistant Architect $lhr $0.00 Iola! hourly coat sub -totals Relmbursables task totals (•1-d Weeks (N-) Months Percentage CONCEPTUAL VISUALIZATION Conceptual Design to be determined 10.0 0.0 $1,500.00 $0.00 30.0 0,0 $3,000.00 $0.00 0.0 D.0 $0.00 $0.00 0.0 0.0 $0.00 $0.00 $4,500.00 $0.00 $450.00 $0.00 $4,950.00 $0.00 0.3 0.0 100% D% 1 0ub-t0tals 10.0 $1,500.00 30.0 $3,000.00 0.0 $0.00 0.0 $0.00 $4,500.00 $450.00 $4,950.00 0.3 0.1 100% SCHEMATIC DESIGN to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #DIV/01 sub -totals 0.0 $0.00 0.0 50.00 0.0 50.00 0.0 50.00 50.00 $0.00 $0.00 0.0 0.0 #DIV/01 DESIGN DEVELOPMENT to be determined 0.0 $0.00 0.0 $0.00 0.0 $000 0.0 $0.00 30.00 $0.00 50.00 0.0 #DIV/01 I sub -totals 0.01 80.00 0.01 $0.00 0.01 MOD 0.01 $0.00 $0.00 $0.00 $0.00 0.0 0.01 #DIV/OI CONSTRUCTION DOCUMENTS to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #13IV/01 sub -totals D.01 $0.0D 0.01 SD.00 0.01 $0.00 0.01 $0.00 $0.00 $0.00 S0.00 0.01 0.01 #DIVIOI BIDDING to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #0IV/01 I sub -totals 0.0, $0.00 0.01 $0.00 0.01 $0.00 0.01 $0.00 $0.00 $0.00 $0.00 0.01 0.01 #DIWOI CONSTRUCTION CONTRACT OBSERVATION to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #DIV/01 I sub -totals 0.01 50.00 0.01 $0.00 0.01 $0.00 0.01 50.00 $0,00 $0.00 $0.00 0.01 0.01 4DIV/01 ADDITIONAL SEVICES I to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 80.00 0.0 #0IV/01 1 sub -totals 0.01 $0.00 0.01 $0.00 0.01 50.00 0.01 50.00 $0.00 $0.00 S0.00 0.01 0.01 #131910! PHASE-2, PROJECT TOTAL 10.01 $1,500.00 30.01 $3,000.00 0.01 $0.00 0.01 50.00 $4,500.00 $450.00 54,950.001 0.31 0.11 #DIV/01 3.39 PM7/2112005 C \Documents and Settings\Hocla1drawings12004,023.01 Art 8 Culture Center -phase I1lconlracts phase Illproposal 421project budget calculation -art & Culture center -consultants master formal #2 Part no.3 Part no.4 Part no.5 Part no.6 Part no.7 Part no.8 Part no.9 3.1 3.2 4.1 5.1 6.1 7.1 8.1 9.1 National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT -'B' Consultant: Flores Lund, Civil Engineering Number of personnel 1 1 hours Principal Sihr $188.00 total hours Project Engineer S/hr $116.00 Iola! hours CAD DRAFTER Slhr $86.00 total hours Assistant Slhr $0.00 total hourly cost sub -totals Relmbursables task totals (H-)I Weeks (+1-) Months Percentage CONCEPTUAL VISUALIZATION Conceptual Design to be determined 6,0 0,0 $1,128.00 $0.00 8.0 0,0 $928.00 $0.00 12.0 0.0 $1,032.00 $0.00 0.0 0.0 $0.00 $0.00 $3,088.00 $0.00 $100.00 $0.00 $3,188.00 50.00 0.2 0.0 100% 0% I 68b-totals 6.0 $1,128.00 8.0 $928.00 12.0 $1,032.00 0.0 50.00 $3,088.00 $100.00 $3,188.00 0.2 0.0 100% SCHEMATIC DESIGN to be determined 4.0 $752.00 8.0 $696.00 120 $1,032.00 0.0 $0.00 $2,480.00 $100.00 $2,580.00 0.1 100% I sub -totals 4.0 5752.00 6.0 $696.00 12.0 $1,032.00 0.0 50.00 $2,480.00 $100.00 $2,580.00 0.1 0.0 100% DESIGN DEVELOPMENT to be determined 00 S0.00 0.0 $0,00 0.0 $0.00 0.0 $0.00 $0.0D $0.00 $0.00 0.0 #DIV/0! 1 sub -totals 8.0i 50.00 0.01 50.00 o.0i 50.00 0.01 50.00 50.00 $0.00 $0.00 0.0 0.01 ODIVIOI CONSTRUCTION DOCUMENTS to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 80IV/0! I subtotals 0.01 50.00 0.01 $0.00 0.01 $0.00 0.01 50.00 $0.00 $0.00 $0.00 0.01 0.01 0131V/01 BIDDING to be determined 0.0 $0 00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0DIV/0! 1 sub -totals 0.01 $0.00 0.01 $0.00 0.01 $0.00 0.01 $0.00 $0.00 50.00 50.00 0.01 0.01 00IV/01 CONSTRUCTION CONTRACT OBSERVATION to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 50.00 $0.00 0.0 #OIV/01 I sub -totals 0.01 50.00 0.01 SO.00 0.01 50.00 0.01 $0.00 50.00 $0.00 50.00 0.01 0.01 0DIV/01 ADDITIONAL SEVICES to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 S0.00 $0.00 S0.00 0.0 aDIV/O! I subtotals 0.01 80.00 0.01 50.00 0.01 50.00 0.01 50.00 $0.00 $0.00 $0.00 0.01 0.01 ODIV/01 PHASE -2, PROJECT TOTAL] 16.01 51,880.00 14.01 $1,624.00 24.01 52,064.00 0.01 $0.00 $5,506.00 $200.00 $5,768.001 0.31 0.11 #DIV/01 3:38 PM7121/2005 C:1Documenls and Set8ngslHeclorld awingsl2004,023,01 Art 8 Culture Center -phase 111contlacts phase Illproposal #21project budget calculation -art & Culture center -consultants master format #2 Part no.3 Part nod Part no.5 Part no.6 Part no.7 Part no.8 Part no.9 3. 3. 4. 5. 6. 7. 8.1 9.1 National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT -'B' Consultant: Flores Lund, Structural Engineering Number of personnel 1 1 1 1 hours Principal $/hr $188.00 total hours Project Engineer $Ihr §116.00 total hours CAD DRAFTER 8/hr $66.00 total hours Assistant Or $0,00 total hourly cost subtotals Relmbursables task totals (a(.)I Weeks (y.) Months Percentage CONCEPTUAL VISUALIZATION Conceptual Design to be determined 4.0 0.0 $752.00 $0.00 12.0 0.0 $1,392.00 $0.00 3.0 0,0 $258.03 $0.00 0.0 0.0 $0.00 $0.00 $2,402.00 $0.00 1100.00 $0.00 $2,502.00 $0.00 0.1 0.0 100% 0% I sub -totals 4.0 $752.00 12.0 $1,392.00 3.0 $258.00 0.0 $0.00 52,402.00 8100.00 $2,502.00 0.1 0.0 100% SCHEMATIC DESIGN la be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #Div/o! I sub -totals 0.0 $0.00 0.0 $0.00 0.0 S0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0.0 #DIV/01 DESIGN DEVELOPMENT to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #DIV/0! 1 sub -totals 0.01 $0.00 0.01 $0.00 0.01 80.00 0.01 $0.00 $0.00 $0.00 $0.00 00 0.01 #DIVl01 CONSTRUCTION DOCUMENTS to be determined 0.0 $0,00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #DIV/D! I sub -totals 0.01 $0.00 0.01 80.00 0.01 $0.00 0.01 $0.00 $0.00 $0.00 s0.00 0.01 0.01 #13IV/01 BIDDING to be determined 0.0 $0.00 0.D $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #DIV/01 cub -totals 0.01 $0.00 0.01 $0.00 0.01 $0.00 0.01 $0.00 $0.00 $0.00 $0.00 0.01 0.01 0DIV/01 CONSTRUCTION CONTRACT OBSERVATION to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #DIV/0! I sub -totals 0.01 $0.00 0.01 $0.00 0.01 $0.00 0.01 $0.00 $0.00 $0.00 $0.00 0.01 0.01 #DIVIOI ADDITIONAL SEVICES to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #DIV/0! I sub -totals 0.01 $0.00 0.01 $0.00 0.01 $0.00 0.01 $0.00 $0.00 $0.00 $0.00 0.01 0.01 #DIV/OI PHASE-2, PROJECT TOTAL! 4.01 $752.00 12.01 $1,392.00 3.01 $258.00 0.01 $0.00 $2,402.00 $100.00 $2,502.001 0.11 0.01 #01Y101 3:38 PM7/21/2005 C:Documents and SeltingsIHectorldrawings12004,023,01 Ad & Culture Center -phase 111contracls phase 111proposal #21project budget calculation -ad 8 Culture center -consultants master format #2 Part no.3 Part no.4 Part no.5 Part no.6 Part no.7 Part no.8 Part no 9 3. 4. 5. 5. 6.1 6. 6. 7.1 7.2 8.1 8.2 8.3 9.1 National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT -'B' Consultant: Salehi Salehi, Mechanical Engineer Number of personnel hours Principal 51hr $150.00 total hours Project Engineer Slhr $100.00 total hours Designer $/tar $85.00 total hours CAD Drafter $ihr $55.00 total hourly cost sub.totals Ralmbursablee task totals (•/al Weeks . (o14 Months Percentage CONCEPTUAL VISUALIZATION 110 be determined 0.0 $0,00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0DIV/01 I sob -totals 0.0 $0.00 0.0 10.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0.0 8DIV701 SCHEMATIC DESIGN Schematic Design 2.0 $30000 6.0 $600.00 8.0 1660.00 25.0 $1,375.00 $2,955.00 $250.00 $3,205.00 0.1 100% to be determined 0.0 $0.00 0.0 50.00 0.0 S0.00 0.0 $0.00 $0.00 50.00 50.00 0.0 0% 1 sub -totals 2.0 5300.00 6.0 $600.00 8.0 $680.00 25.0 $1,375.00 $2,955.00 8250.00 $3,205.00 0.1 0.0 100% DESIGN DEVELOPMENT Design Development 2.0 $300.00 6.0 $600.00 8.0 $680.00 25.0 $1.375.00 $2,955.00 $250.00 83,205.00 0.1 100% to be Determined 0.0 $0.00 0.0 $0.00 0.0 50.00 0.0 50.00 $0.00 $0.00 $0.00 0.0 0% 1 sub -totals 6.01 $300.00 6.01 $600.00 8.01 $68000 25.0 $1,375.00 $2,955.00 $250.00 13,205.00 0.1 0.01 100% CONSTRUCTION DOCUMENTS Construction Documents 5.0 $750.00 12.0 $1,200.00 26.0 52,210.00 84.0 $3,520.00 17,650.00 $500.00 $5,180.00 0.1 91% Title-24 0.0 5000 7.5 $750.00 0.0 $0.0D - 0.0 50.00 $750.00 $0.00 1750.00 0.0 9% to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 50.00 $0.00 $0.00 10.00 0.0 0% 0ub-1003ls 5.01 $750.00 19.51 $1,950.00 26.01 12,210.00 - 64.01 $3,520.00 $8,430.00 5500.00 41,930.00 0.11 0.01 1.0 BIDDING Bidding Assistance 2.0 $300.00 0.0 $0.00 0.0 50.00 0.0 $0.D0 $300.00 $50.00 $350.00 0.1 100% la be determined 0.0 $0.00 0.0 50.00 0.0 50.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0% I 51lb-100a1s 2.01 $300.013 0.0j $0.00 0.01 $0.00 0.01 $0.00 $300.00 55000 $350.00 0.11 0.01 1.0 CONSTRUCTION CONTRACT OBSERVATION Construction Contract Observation 3.D $450.00 10. 0 11,000.00 0.0 $0.00 4.0 $220.00 $1,670.00 5200.00 $1,870.00 0.1 52% Record Drawings 0.0 $0.00 0.0 $0.00 0.0 $0.00 28 0 $1,540.00 $1,540.00 550.00 $1,590.00 0.0 48% to be determ,ned 0.0 $0.00 0.0 $0.00 0.0 $000 0.0 $0.00 10.00 $0.00 $0.00 0.0 0% I sub -totals 3.01 $450.00 10.0T 11,000.00 0.01 $0.00 3201 $1,760.00 63,210.00 $250.00 13,450.00 0.11 0.01 1.0 ADDITIONAL SEVICES to be determned 00 $0.00 00 $0.00 0.0 $0 00 0.0 $0.00 $0.00 $0.00 50.00 0.0 BDIV/01 I 505-100518 0.01 $0.00 0.01 $0.00 0.01 $0.00 0.01 5000 50.00 $0.00 5000 0.01 0.01 8010/01 PHASE.2, PROJECT TOTAL 18.01 $2,10000 41.51 $4,150.00 42.01 $3,570.00 146.01 $8,030.00 917,050.00 $1,300.00 $19,150.00 0.41 0.01 1DIV101 3:36 PM7/2112005 C:1Documenls and SellingslHecto#d,awings12004,023.01 Art B Culture Center -phase Illcontracts phase Illpropose1021projecl budget calculation -art 5 Culture canter-0Onsullants master format e2 Part no,3 Part no,4 Part no.5 Part no.6 Part no.7 Part no,8 Part na.9 3.1 4.1 4.2 5.1 5.2 6.1 6.2 7.1 7.2 8.1 8.2 8.3 9.1 National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT -'B' Consultant' Salehi Salehi, Plumbing Engineer Number of personnel hours Principal $Ihr $150.00 total hours Project Engineer $lhr $100,00 total hours Designer $Ihr 585.00 lolal hours CAD Drafter $Ihr 555.00 total hourly cost sub -totals Reimbursablss task totals (.'-)I Weeks l-) Months Percentage CONCEPTUAL VISUALIZATION to be determined 0.0 50.00 0.0 $0.00 0.0 $0.00 0.0 50.00 $0.00 W000 $0.00 0.0 #DIV/0! I sub -totals 0.0 80.00 0.0 $0.00 00 $0.00 0.0 $0.00 $0.00 80.00 80.00 0.0 0.D #DSVlol SCHEMATIC DESIGN Schematic Design 1.0 $150.00 2.0 5200.00 3.0 $255.00 6.0 533000 8935.00 5250.00 $1,185.00 0.0 10D% to he determined 0.0 50.00 0.0 50.00 0.0 50.00 0.0 $0.00 $0.00 80.00 So.Oo 0.0 0% I 506401al9 1.0 $150.00 2.0 5200.00 3.0 5265.00 6.0 8330.00 $935.00 $250.00 $1,185.00 0.0 0.0 100% DESIGN DEVELOPMENT Design Development 1.0 $150.00 2.0 $200.00 3.0 $255.00 6.0 $330.00 $935.00 $250.00 $1,185.00 0.0 100% to be determined 0.0 $0.00 0.0 $0.00 0.0 50.00 0.0 50.00 60.00 $0.00 80.00 0.0 0% I sub -totals 3.01 5150.00 2.01 5200.00 3.01 $255.00 6.01 5330.00 5935.00 $250.00 $1,185.00 0.0 0.01 100% CONSTRUCTION DOCUMENTS Construction Documents 2.0 $30000 7.0 $700,00 6.0 5510.0D 19.0 $1,045.00 $2,555.00 $500.00 $3,055.00 0.1 100% to be determined 0.0 50.00 0.0 $0.00 0.0 $0.00 10 $000 $0.00 $0.00 $0.00 0.0 0% 1 s8b-151514 2.01 8300.210 7.01 $700.00 6.01 $510.0D 19.01 81,045,00 52,555.00 1500.00 $3,055.00 0.11 0.01 1.0 MIMING Bidding Assistance 2.0 5300.00 0.0 $0.00 0.0 5000 00 50.00 5300.00 550.00 $350.00 0.1 100% to be determined 0.0 50.00 0.0 50.00 0.0 $0.00 D.0 50.00 $0.00 S0.00 80.00 0.0 0% I sub -totals 2.01 $360.00 0.01 $0.00 0.01 50.00 D.01 $0.00 5300.00 65000 8350.00 0.1i 0.01 1.0 CONSTRUCTION CONTRACT OBSERVATION Construction Contract Observation 1.0 5150.00 3.0 $300.00 0.0 50.00 4.0 $220.00 8870.00 5200.00 8870.00 0.0 30% Record Drawings 0.0 $0.00 00 $0.00 0.0 50.00 28.0 51,540.00 $1,540.00 $5000 $1,590.00 0.0 70% to he determined 0.0 50.00 0.0 50.00 0.0 60.00 0.0 50.00 $0.00 $0.00 80.00 0.0 0% I 8ub'401al5 1.01 $150.00 3.01 $300.00 0.01 50.00 32.01 51,760.00 $2,210.00 5250.00 52,460.00 0.01 0.01 1.0 ADDITIONAL SE VICES to be determined 0.0 $0.00 0.0 50.00 0.0 MOD 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #OIV/OI l sub -totals 0.01 60.00 0.01 $0.00 0.01 $0.00 D.01 80.00 $0.00 $0.00 80.00 0.01 0.01 NOIV/01 PHASE -2, PROJECT TOTAL 9.01 81,050.00 14.01 $1,400.00 12.01 51,020.00 63.01 $3,465.00 $6,935.00 $1,300.00 18,235.00 0.21 0.01 #DN101 3:37 PM7/21/2005 C:10ocvments and Seoings\Hectoddrawings12004,023.01 All & Culture Center -phase Illcaniras0s phase 111proposel #21.project budget calculation -art 8 Culture center -consultants master format #2 Part no.3 3. Part no.4 Part no.5 Part no.6 Part no.7 Part no.8 Part no.9 4. 6. 6. 7. 7. 8,1 8.2 8.3 9.1 National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT • 'B' Consultant: Turpin and Rattan, Electrical Engineers Number or personnel hours ilhr $135.00 hours CAD 11hr $62.50 total hours Clerical SRIr $67.50 total hour $lhr 30.00 total hourly Cost sub -totals Relmbursablss (�411 (TOPrincipaltotal CONCEPTUAL VISUALIZATION task totals Weeks Months Percentage 1 to be determined 1 0.0 $0.00 0.0 $0.00 0.0 $0.00 00 $0.00 $0.00 $0.00 $0.00 0.0 #Dlvlo! sub -totals 0.0 $0.00 0.0 $0.00 0.0 MOD 0.0 $0.00 $0.00 $0.00 SCHEMATIC DESIGN $0.00 0.0 0.0 #DIVIO! 1 to be determined I 0.0 $0.00 0.0 $0.00 00 $000 0.0 $000 $0.00 $0.00 $0.00 0.0 0DIV/0! sub -totals 0.0 $0.00 0.0 $0.08 0.0 $0.00 0.0 $0.00 60.00 $0.011 10.00 0.0 0.0 DESIGN DEVELOPMENT 601V/01 I Design Development 2 to be determined 26.0 $3.510.00 MOO 00 25.0 $1,562.50 6.0 $405.00 0.0 $0.00 15,477.50 $350.00 $5,827.50 0.7 100% I 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 E0.00 $0.00 0.0 0% sub -totals 26.01 $3,510.00 25.01 $1,562.50 6.01 5405.00 0.01 $0.00 15,477.50 $350.00 55,827.50 0.7 CONSTRUCTION DOCUMENTS 0.21 100% I Construction Documents ! to be determined I 47.0 o.o $6,345.00 so.00 730 0.8 $4,562.50 $0.00 12.0 0.0 580.00 $o.00 0.0 0.0 $0.00 $0.00 $17,7.0 80 o so.0 $1,1 0.00 $0.00 $12,80.00 $ o.ao 0.0 0.0 100% D% sub4otals 47.01 $6,345.00 73.01 $4,562.50 12.01 $810.00 0.01 $0.00 511,717.50 $1,100.00 $12,817.50 1.21 0.01 1.0 BIDDING Bidding Assistance to be determined 9.0 0.0 $1,215.00 $0.00 0.0 0.0 $0.00 $0.00 0.0 0.0 $0.00 $0.00 0.0 0.0 $0.00 $0.00 $1.215.00 $0.00 55000 $0.00 $1,265.00 $0.00 0.2 0.0 100% 0% I sub -totals 9.01 11,215.00 0.01 $0.00 0.01 $0.00 0.01 $0.00 $1,215.00 150.00 $1,265.00 0.21 0.01 1.0 CONSTRUCTION CONTRACT OBSERVATION Construction Contract Observation Project Close Out 36.0 $4,860.00 00 $0.00 6.0 $405.00 0.0 $0.00 $5,265.00 $350.00 $5,615.00 0.9 98% (Record Drawings) to be determined 1.0 $135.00 D.0 50.00 0.0 S0.00 0.0 $0.00 $135.00 $50.00 $185.00 0.0 3% 0.0 $0.00 0.0 5D.00 0.0 50.00 0.0 50.00 10.00 $0.00 f0.00 0.0 0% I sub -totals 37.01 $4,995.00 0.01 80.00 6.0( $405.00 0.01 $0.00 $5,400.00 $400.00 55,800.00 0.91 0.01 1.0 ADDITIONAL SEVICES to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 50.00 $0.00 0.0 #DIVIO! I sub -totals 0.01 $D.00 0.01 $0.00 0.01 80.00 0.01 $0.00 $0.00 $0.00 $0.00 0.D1 0.01 601V101 PHASE -2. PROJECT TOTAL 119.01 $16,065.001 98.01 16,125.00 24.01 11,620.00 0.01 $0.00 $23,810.00 11,900.00 $25,710.00 3.01 0.21 #DIVI01 3:37 PM7P21/2005 C:1Documenls and SeltingslHeclotdrawings12004,023,01 Art & Culture Censer -phase Illconlrecle phase Illproposal #21projact budget calculation -art & Culture center -consultants master format 82 Part no.7 Part no.4 Part no.5 Part no.6 Part no.7 Part no.8 Pan no.9 3.1 3.2 4.1 4.2 5.1 5.2 6. 6. 7. 8. 9. National City Art Center, National City Job No. 2004,023.01 Phase-2 EXHIBIT -'B' Consultant: Cornerstone Building Group, Cost Estimators Number of personnel 1 hours Project Executive $/hr 5150.00 total hours manager/ Superintended 5/hr $12000 total hours Estimator Architect $lhr S130.00 total hours Slhr S0.00 total hourly cost sub -totals Reimbursable, task totals (+1-)I Weeks (41-) Months Percentage CONCEPTUAL VISUALIZATION Concept Budget + Assistance 12,0 $1,800.00 40.0 $4,800.00 8.0 $1,040.00 0.0 $0.00 $7,640.00 $0.00 $7,640.00 0.3 100% to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 80.00 $0.00 $0.00 0.0 0% I - 90b-101016 12.0 51,800.00 10.0 $4,800.00 6.0 $1,040.00 0.0 80.00 $7,640.00 80.00 07,640.00 0.3 0.1 100% SCHEMATIC DESIGN Schematic Design Budget + Assistance 12.0 $1,800.00 40.0 $4,800.00 B.0 $1,04000 0.0 $0.00 $7,640.00 $0A0 $7,640.00 0.3 100% la be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0% I sub4ota!s 12.0 51,800.00 40.0 $4,800.00 B.0 51,040.00 0.0 $0.00 $7,640.00 $0.00 $7,640.00 0.3 0.1 100% DESIGN DEVELOPMENT Design Development Budget + Assistance 12.0 $1.80000 40.0 $4,800.00 8.0 $1,040.00 D.0 $0.00 $7,840.00 $0.00 $7,640.00 0.3 100% to be determined 0.0 $0.00 00 $0.00 0.0 50.00 D.0 $0.00 50.00 $0.00 $0.00 0.0 0% sub -totals 36.011 $1,800.00 40.01 $4,800.00 0.01 91,040.00 0.01 80.00 $7,640.00 $0.00 $7,640.00 0.3 0.11 100% CONSTRUCTION DOCUMENTS Construction Documents Budget+ Assistance 12.0 $1,800.00 40.0 $4,800.00 8.0 11,040.00 0.0 $0.00 $7,640.00 $0.00 $7,640.00 0,3 10094 to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 0% sub -totals 12.01 $1,800.00 40.01 $4,800.00 8.01 51,040.00 0.01 $0.00 57,640.00 $0.00 $7,640.00 0.3j 0.01 1.0 BIDDING to be determined 0.0 $0.00 0.0 $0.00 0.0 $0.00 0.0 $0.00 50.00 $0.00 $0.00 0.0 ODIV/0! I sub -totals 0.01 50.00 0.01 $0.00 0.01 $0.00 0.01 50.00 50.00 50.00 50.00 0.01 0.01 8131V101 CONSTRUCTION CONTRACT OBSERVATION to be determined 0.0 $0,00 0.0 $0.00 0.0 $0.00 0.0 $0.00 $0.00 $0.00 $0.00 0.0 #DIVIO! I subtotals 0.01 $0.00 0.01 50.00 0.01 50.00 0.0j $0.00 50.00 MOD 50.00 D.OI 0.01 ODIVI01 ADDITIONAL SEVICES 1 to be determined 0.0 MOD 0.0 $0.00 0.0 S0.00 0.0 S0.00 $0.00 $0.00 80.00 0.0 ODIVIO! 1 subtotals 0.0I 50.00 0.01 $0.00 0.0j $0.00 0.01 50.00 50.00 $0.00 80.00 0.01 0.01 ODWIOI PHASE -2, PROJECT TOTAL I 72.0I 57,200.00 180.0I $19,200.0 32.0 14,160.00( 0.01 80.001 830,560.00 $0.00 530,560.00( 1.21 0.21 6131V10! 3:36 PM721/2005 C:IDocument5 and SetlingstHectorldrawirgst2004,023.01 An & Culture Center -phase Illconlracts phase 111proposal 021project budget calculation -art & Culture center -consultants master format 02 EXH►, o' PROJECT SCHEDULE, project # 2 )23.01 This project schedule is not intended to be final but to be used as a guide, other factors outside of the control of the consultants or the client may affect it. ID O Task Name • Duration Start Finish 4, 200 Qtr 1 200. QV 2 200 Qtr 3 200 Qtr 4, zoo zool Ob 2, 200 Qtr 3 200 ! Qb 4 2o0 Qb 1 200 Qt I o e Jan, a Maf.APfl a Jun Jul:u a Ocl0 e Jan e.,.MarApr a Jun Juh u e Oct, o e Jan e MarApi 1 Li PROJECT DURATION SUMMARY 547 days Tue 1/25/05 Tue 2/27/07 1/25 1.1111111. , 2/27 2 A PHASE-1 (COMPLETED) 110 days Wed 1/26/05 Mon 6/27/05 j 1126 E '• "" • 7 3 7A Outreach Workshops + due diligence report, completed 1 day Wed 7127/05 Wed 7/27/05 4 5 PHASE .2 Conceptual (remodel existing) 7 n Conceptual Master Plan 8 Conceptual completed 9 10 11 Schematic Design Schematic Design completed 12 13 A Design Development 14 Design Development completed 5. 16 Construction Documents 17 First Plan Check submittal 18 First City Review 19 Second Plan Check Comments Revisions 20 Second Plan Check submittal 21 Second City Review 22 23 24 25 26 27 PHASE -3 Bidding (advertising) Award Bidding (Construction Contract) Construction opening 174 days Mon 818/05 Thu 4/6/06 40 days Mon 8/8/05 Fri 9/30/05 40 days Mon 818/05 Fri 9/30105 1 day Mon 10/3/05 Mon 10/3/05 20 days Mon 10/3/05 Fri 10/28/05 1 day Mon 10/31/05 Mon 10/31/05 30 days Tue 11/1/05 Mon 12/12/05 1 day Tue 12/13/05 Tue 12/13/05 40 days . Wed 12/14/05 Tue 2/7/06 1 day Wed 2/8/06 Wed 2/8/06 15 days Thu 2/9/06 Wed 3/1/06 15 days Thu 3/2/06 Wed 3/22/06 1 day Thu 3/23/06 Thu 3/23/06 10 days Fri 3/24/06 Thu 4/6/06 233 days Fri 4/7/06 Tue 2/27/07 32 days Fri 4/7/06 Mon 5/22/06 10 days Tue 5/23/06 Mon 6/5/06 190 days Tue 6/6/06 Mon 2/26/07 1 day Tue 2/27/07 Tue 2/27/07 8/3 7/27 4 127 8/3a` - :? 4/6 19130 8/3 -.9/30 0/3 .10/3 10/3 1 h10/28 10/31 10/31 11/1 I /,12/12 12/13 2/13 12114 2/8 8 2/9 3/1 3/2 3/22 3/23 /23 3124 A 416 4/7 4/7 ® 5/22 5/23 p 615 6/6 2/27 2/26 2/27 /27 Project Proposal Schedule-7 (May 13,05) Dale: Thu 7/21/05 3 28 PM Proposal Schedule-9 (July 2f 05) #2 Task Critical Task Progress Milestone Summary Rolled Up Task Rolled Up Critical Task Rolled Up Milestone Rolled Up Progress Split External Tasks Project Summary Group By Summary Igummir REYES ARCHITECTS Page 1 National City Art Center, National City, California ■ REYES architects ■ EXHIBIT 'D' Firm Profile For Urban Planning and Architecture, Reyes Architects is poised to offer grassroots experience. Reyes architects was created for the pursuit of creative and energetic solutions that provide a timeless quality design that is meaningful, responsible and rewarding to the community, the environment and the client. Reyes architects have a wealth of experience with the Architecture and Master Planning within communities of diverse multi -cultural heritage. Reyes architects most recent experience is with the Village Center at Eudid and Market located within the multi -cultural diverse community of Southeastern San Diego. In February 2004 this project was selected as a pilot village project for the City of San Diego, City of Villages. An incredible successful grassroots collaborative design process with the community, through workshops, planning circles and community forums. In Market Creek Plaza we collaborated with various consultants early in the process to identify key project issues, hence ensuring timely, creative and strategic solutions. Project Role Hector A. Reyes, AIA, principal in charge, has over twelve years of architectural and urban planning experience working and living in San Diego, Califomia; Houston, Texas; Baja Califomia, Mexico and Florence, Italy. This exposure has enriched him professionally and culturally, and has learned unique design qualities that pay homage to the past, appreciate the present and respect the future. His projects are known for extrapolating the essence of the site and the community within the fine balance of an economic reality. His diverse design experience ranges from Urban Planning (urban core revitalization), Architecture (civic, entertainment, commercial, residential, institutional), Landscape (sports complex. parks), and Interiors. He has been in charge of programming and implementing design charrettes with various disciplines and consultants and presenting to various community groups and agencies. His design strategies have been focused on: mix -use center renovations; entertainment destinations and master plans for urban cores. In 2000 He was honored as Young Architect of the Year from the San Diego American Institute of Architects. Relevant Project Experience Multicultural + Planning + Multifamily Residential • Art + Design, Market Creek Plaza, (Art as storytelliing and education) Southeastern San Diego • The Search, Market Creek Plaza, (Cultural Mix -use Complex) Southeastem San Diego • Youth World, City of Villages, (Art Institute and Leaming Center) Southeastern San Diego • Chula Vista Center, Regional Mall Remodel, (99,200 SF) Chula Vista • Amphitheater, Market Creek Plaza, (600 seats) Southeastern San Diego • Sweetwater Square, (Master Planning, Multifamily Residential, Row Homes, Retail), 14 AC, National City • City of Villages, City of San Diego Planning Department Pilot Village, Revitalization Master Planning, 50 AC, 839 units, 180,000 SF office, 127,000 SF retail, 52,000 community space, Chollas Creek revitalization • Retail Village, Market Creek Plaza, (neighborhood Retail Center, Infill, Revitalization) Southeastern San Diego Testimonials In their unanimous recognition of Reyes' design credentials and community Involvement, the jurors commended the architect's design skills, professional involvement and communication abilities, commenting that he is renaissance architect oozing with talent,' with 'extraordinary' sketching abilities and a community -based approach in his projects. Jurors also lauded Reyes' 'dedication to the profession of architecture evident in his activities in the community and the AIA." Jury comments, YAYA Award, Young Architect of the Year Award 2000 San Diego American Institute of Architects 'Hector teamed with community artists to work with neighborhood residents in developing a unique architectural approach deeply rooted in ancient elements, textures and colors. His vision, original design style and ability to translate planning, architectural and artistic concepts to a diverse group of community residents, places him at the forefront of his profession.' Jennifer Vanica, Executive Director of the Jacobs Center for Non -Profit Innovation An 'Architect is building a connection, Al the height of a heated competition 4 1l2 years ago for the contract to design Market Creek Plaza, Hector Reyes did something no other architect in the running did. He reached into the large surrounding multiethnic community on the city's south side and learned what the people wanted to see in a huge, multimillion dollar neighborhood showcase that would include shops and a cultural and community center". Ozzie Roberts, Columnist, San Diego Union tribune hreyes@REYESarChltects.com 12369 Eastridge Loop - Chula Vista • California • 91915 I PH (619) 216-8965 I FX (619) 216-8902 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 9 AGENDA ITEM NO. ITEM TITLIL Resolution of the City of National City approving Change Order Number Three to HMS Construction, Inc. for Sweetwater Rd. at Calmoor St. and Fairlomas Drive Traffic Signal Installation, Spec. No. 03- 10, in the amount of $2,421.66 for compliance with State Energy Commission Efficiency Standards for Traffic Signal Lights and Authorizing the City Engineer to Approve and Sign the Change Order. PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION See attached Explanation. CEnvironmental Review (-Financial Statement The total budget for the project was estimated to Finance for be $156,487 50 Funding is available through Account Number 109-409-500-598-6161 and 9-409-500- 598-6558 for this change order Account No. LS1� N/A MIS Approval Approved By: 14/ / STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSIECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Contract Change Order No. Three 3. Proposal from HMS Construction, Inc. 4. California Law on the Sale of Traffic Signals letter dated July 12, 2004 hms03-10 A-200 (Rev. 7/03) RE: Resolution of the City of National City approving Change Order Number Three to HMS Construction, Inc. for Sweetwater Rd. at Calmoor St. and Fairlomas Drive Traffic Signal Installation, Spec. No. 03-10, in the amount of $2,421.66 for compliance with State Energy Commission Efficiency Standards for Traffic Signal Lights and Authorizing the City Engineer to Approve and Sign the Change Order. EXPLANATION On August 3, 2004, by resolution No. 2004-141, the City Council awarded a contract in the amount of $125,190 to HMS Construction, Inc. for the Sweetwater Rd. at Calmoor St. and Fairlomas Drive Traffic Signal Installation, Specification No. 03-10. During the procurement of 16 yellow incandescent lamps for the traffic signals, the provider brought to the attention of the Contractor a State of. California law that says its illegal to sell in the state, any appliance that does not comply with the Energy Commission's efficiency standards for traffic signal modules or lamps manufactured on or after March 1, 2003. The only technology that is currently capable of meeting those requirements is light emitting diode (LED) and not incandescent lights that were previously specified in traffic signals. Engineering staff is recommending the approval of a change order to HMS Construction, Inc. in the amount of $2,421.66 to substitute 16 yellow traffic signal lamps from incandescent to LED equipment to comply with the state law. This Change Order will increase the current cost of the project from $138,159.28 to $140,580.94, which is below the total estimated budget for the project. RESOLUTION NO. 2005 — 156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. THREE WITH HMS CONSTRUCTION, INC. FOR THE SWEETWATER ROAD AT THE CALMOOR STREET AND FAIRLOMAS DRIVE TRAFFIC SIGNAL IMPROVEMENT PROJECT IN THE AMOUNT OF $2,421.66 FOR COMPLIANCE WITH STATE ENERGY COMMISSION EFFICIENCY STANDARDS FOR TRAFFIC SIGNAL LIGHTS (Engineering Spec. No. 03-10) WHEREAS, the contract for the Sweetwater Road at Calmoor Street and Fairlomas Drive Traffic Signal Improvement Project was awarded to HMS Construction, Inc. on August 3, 2004, by the adoption of Resolution No. 2004-141; and WHEREAS, California law requires that appliances for traffic signal modules or tamps manufactured on or after March 1, 2003, comply with the Energy Commission's efficiency standards; and WHEREAS, the 16 yellow traffic signal incandescent lamps planned for this project must be substituted with LED equipment to comply with state law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 3 with HMS Construction, Inc. in the amount of $2,421.66 to substitute the incandescent lamps for the 16 yellow traffic signal lamps with LED equipment to comply with state law at the Sweetwater Road at Calmoor Street and Fairlomas Drive Traffic Signal Improvement Project. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT CHANGE ORDER NO. 2 DATE: 8/02/05 PROJECT: Sweetwater Rd. at Calmoor St. and Fairlomas Drive, Specification No. 03-10 TO: Mr. Michael High, President HMS Construction, Inc. 1225 Linda Vista Drive San Marcos, CA 92069 DESCRIPTION OF CHANGE: This change order is written to add item number Current Contract Adjusted Contract (CO #1) No Item Unit Bid Qty Unit Price Amount Bid Qty Unit Price Amount 1 Mobilization LS 1 $1,500.00 $1,500.00 1 $1,500.00 $1,500.00 2 Traffic Control LS 1 $2,000.00 $2,000.00 1 $2,000.00 $2,000.00 3 Remove Concrete SF 750 $8.00 $6,000.00 750 $8.00 $6,000.00 4 Access Ramp EA 6 $1,340.00 $8,040.00 6 $1,340.00 $8,040.00 5 Traffic Signal Installation LS 1 $100,890.00 $100,890.00 1 $100,890.00 $100,890.00 6 Traffic Stripping LS 1 $5,900.00 $5,900.00 1 $5,900.00 $5,900.00 Traffic Signing LS 1 $860.00 $860.00 1 $860.00 $860.00 Removal and Replacement of Block Wall LS 1 $4,970.00 $4,970.00 9 Modified footing for traffic sdignal locations I and J LS 1 $7,999.28 $7,999.28 10 Substitute 16 yellow incandescent lamps for LED lamps. EA 1 2,421.66 2,421.66 i Totals I DISCUSSION: This increase in contract price is due to compliance of State law from the Energy Commission efficiency standards that prohibits the sale of traffic signal lamps manufactured on or before March 1, 2003 and consume more than the specified amounts of power. The only technology that is currently capable of meeting those requirements is LED equipment. Compared to incandescent equipment, typical LED equipment reduces electricity use by 80-90 percent. This change order will substitute incandescent yellow traffic signal lamps for LED lamps to comply with state law CONTRACTADJUSTMENT: As a result of this change order the contract price is adjusted as follows: Page 1 140,580.94 1 , CONTRACT CHANGE ORDER NO. 2 1. The contract price is increased in the amount of $2,421.66, from the current contract price of $138,159.28 to a new contract price of $140,580.94. 2. The contract time is increased by five 5) working days. A Notice to Proceed was given previously on Monday November 8, 2004, to do out of sequence work such as installation of conduit for traffic loops prior to installation of street and sidewalks by others. The time utilized was 10 working days. The contract completion date was previously established as Monday July 25, 2005. The new contract completion date is therefore established as Monday Augustl, 2005. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. HMS Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR : ' PRO AL BY: -oh av— Alberto Griego, Assoc :' e 'i gineer Da APPROVED BY: Mr. Michael High, President Date HMS Construction, Inc. Mr. Ronald Schneider, Vice President Date HMS Construction, Inc. Stephen M. Kirkpatrick, City Engineer Date Page 2 V1IVV/4VUV 116U 14.4U Contract No CIP 81 HMS CONSTRUCTION COST PROPOSAL Date Performed: Work Performed By; HMS CONSTRUCTION Description of Work:_ Replace veSow incandecent frxL r � Yelow r cnc Equip No. Bucket Truck EQUIPMENT Yellow LED's Hours Hourly Extended Rate u , unts 6.00 69.00 552.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 sUBTOTAL 552.00 MATERIAL ANDIOR WORK DONE BYSPECtALISTS DESCRIPTION No. Unit 16 0 0 0 0 0 Unit Cost 71.21 0.00 0,00 0.00 0.00 0.00 SUBTOTAL TOTAL COST OF EQUIPMENT, MATERIALS AND WORK Contractors Representative ACCEPTED FOR PROGRESS PAYMENT Resident Engineer POP CC. U1J0.14p.Etr(tS1t)4 y!, Resident Engineer Extended 1,139.36 1,139.36 Date of Report: 7-6-05 P.R. No. LABOR UT1 or. RAP Yl. PT. REPORT* 4153-1 Hours 8.00 0.00 Hourly Rate 40.50 27,00 r 0.00 0.00 0.00 Extended Amounts 0.00 216.00 0.00 0.00 0.00 ten ar. 0.00 0.00 0.00 0.00 0.00 rAn Pr, 0.00 0.00 0.00 0.00 0.00 330. 0.00 0.00 0.00 MO. 0.00 0.00 0.00 Labor Surcharge - (See Special Provisions) Subsistence No, • S Travel Expense No. Other TOTAL COST OF LABOR Subcontractor 0' suaTCrAI 0.00 216.00 36% 77.76 A 293.76 B 1,691.38 C + 7.75%SALESTAX + 20 is, MARKUP ONLABOR COST (SEE CONTRACT) (A) + 15%MARKUP ONEQUIPMENT (B ) + 15 % MARKUP ON SUBCONiRACTE0 WORK 1l C SUBTOTAL + 1.5 % BOND ANOLIABILITYINSURANCE ( D) TOTAL 88.3004 58.75 253.70 2,385.88 35.79 2,421.66 07/U5/'ZU05 WED 15.115 MA 7'67 131 t,.1,5.1215 /4a}. 11. hiV) C•if1IT T Or CMs{1/M IA.711gE Maincw11C,EPOCIY _.. CALIFORNIA ENERGY COMMISSION isrew+ms u,Es gliCpAAMIHro. �cA 9lislMtilhll July "112, D:►D4 e,A1 Pl S}.. Ai f�(,, Pro. i)in r. ; ' ARNOW SCHWARZENEBti 1I,awe }Ur • -' L-gai :a.1 To Whom It May Corti: cm: Cal'iiifcg;pl;a lu;aw_Ica:tliiilaal'i;. of Traffic Signals As a, result of corrfnnunicati nrrti IbEI vaoor 'of the Califomfa:Energy Commission end employees of cities aricIrcocinties throughout if, allicrmia, it eppears'that there may be some confusion about California hw that affects the :,Rile:, by your company and others, of traffic signal moduires and lamps in trio state. This kilter provides clarification. In February 2002, the Energy Carniniss,bsi di:lc pton new energy efficiency standards for Willie sigtralmodirlestarldintrlfia slgrrtiaklierrlps„ This does not include pedestrian'sIgnais: (The . Energy Corninission-aah'ioadbpIGs,and eniroirces efM.aiicy standards for many other appliarOil►, such as refrigerator, air craincidlio►iC,Ir's, rrl I WVall:I:lt eaters.) The traffic.signal standards arei found in Section 116,05.3(rn) of T tla 20 c,l.tlrier California Code of Regulations, a copy of which attached tothis letter. Thd Istirvdards r guile Mit►, Envy traffic signal modules -or traffic'signrr.4 lamps, which are rriantifadhartrl; an or aftien (1 iich 11, 2003, arid are sold or Offered for sale liii • Caifornia, must Consume nIo lore tfarl sped led a3:rrroUnts of power. the only technology that is currently capable of meeting ttio;u re quirseleirt hr is Tight -emitting diode (LED) equipment. Co4npared to incandescent equiipment, typical LED 'equipment reduces electricity use by Eir,6iID percent. California law says thet it ks ille;Ig's'l to sell' a,i i tui:' state', oreven to offer for sale in the state, iv" appliance that dares no'll compiy.v ritlhr the Elam/ Ci>rnmission's efficiency standards. (Cafilfaiirlia Public Resources ('.ode section 2'54O2(c)('l),)„ 'Thus means that it would be illegal if your company sold, or offered for tiskfe., fir California,. any ftoncomplying traffic signal or. module Thai was manufactured on crafter March t, 2003, (The law on the location of an "offer".or a is complex, especially for ciatttlegf, te.lepI onu:,, laec, of Internet sales. Sometimes what may appear to be an Out-of-state sale is regarded cI as occurring in the state. Whether any particular offer or sale cccui's in'tlhe state, or, outsidis, depends on the facts and circerrlstarione of the individual case.) Violations of the:En►ergy Cornroissioifs standards are referred to the California Attorney General, who 'seeks injunctive relief against viblat!orrs. (California Public Resources Code section 25900.) If you have any questions, ;kiss!) ovntaot lie at jbJlees@eneray:state.ca,us. S iraca=irely, diSA;1: 4110) WE51-4- JON,ATI-1,011 GLEES Assailant Chief Counsel Attachment , 11I i.,. fiN',I it >STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION R MMENDATION N/A City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 10 AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City Accepting the Work and Authorizing the filing of a Notice of Completion for the National City - City Hall Remodel Project PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. 4386 EXPLANATION On November 16, 2004 by Resolution No. 2004-215, the City Council awarded a contract in the amount of $114,254 to Randall Construction for the National City — City Hall Remodel Project. A final inspection has been completed. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a Notice of Completion for the National City — City Hall Remodel Project. There has been one change order on this project in the amount of $11,383.12, therefore the total cost of the contract with Randall Construction is $125,637.12. This amount is available within the budget. L CEnvironmental Review —- N/A MIS Approval Financial Statement Approved By: Flnanee Bl for The total cost of the project was available through Account No. 001-409-500-598-1589. Account No. ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Notice of Completion A-200 (Rev. 7/03) RESOLUTION 2005 — 157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY — CITY HALL REMODEL PROJECT BE IT RESOLVED by the City Council of the City of National City, California, as follows: it appearing to the satisfaction of the Engineering Department that all work required to be done by RANDALL CONSTRUCTION for the National City — City Hall Remodel Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on August 2, 2005, of the NATIONAL CITY - CITY HALL REMODEL Work of improvement or portion of work of improvement under construction or alteration. on the premises located at 1243 National City, Ca 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with RANDALL CONSTRUCTION Name of Original Contractor The following work and material were supplied: Tenant improvements remodel: drywall, painting, lighting and window coverings — General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: _NLA Joint tenants, tenants in common, or other owners Dated: , 2005; Signature of Owner Nick Inzunza, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on August 2, 2005, at National City, California. Signature: NICK INZUNZA, MAYOR FORMS/N00097-10 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 11 AGENDA ITEM NO. ()ITEM TITLE Resolution of the City Council of the City of National City to approve, accept, and record final subdivision map located at 26th Street and "D" Avenue (S-2004-4, CUP-2004-5 PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering EXT. 1391 H. View Residences, LLC, the owner of the subdivision, has submitted a final map for the property at 26th Street and "D" Avenue for the City Council approval, acceptance, and filing with the County Recorder. The final map consist of one parcel with 72 condos. The Planning Commission, on October 18, 2004, has reviewed and approved the tentative map. The City Council approved the tentative map by Resolution No. 2005-5 on January 18, 2005. The Engineering Department and Planning Department also have approved the final map. There are no street dedications on this map. Environmental R view N/A MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Subdivision Map 26thd A-200 (Rev. 7/03) RESOLUTION NO. 2005 — 158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE FINAL SUBDIVISION MAP LOCATED AT 26TH STREET AND D AVENUE (CONVERSION OF RESIDENTIAL REAL PROPERTY TO CONDOMINIUM PROJECT; S-2004-4, CUP 2004-5) WHEREAS, at a regular meeting of the City Council held on January 18, 2005, the City Council adopted Resolution No. 2005-5, approving the tentative subdivision map for the property located at 26th Street and D Avenue generally described as: Being a subdivision of those portions of 20-acre Lot 1 and of 10-acre Lot 2 in quarter Section 152 of the Rancho De La Nacion in the City of National City, County of San Diego, State of California, according the Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby makes the following findings: 1. Each of the tenants of the proposed condominium project has received, pursuant to Government Code Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map, pursuant to Government Code Section 66452. 2. Each tenant and each person applying for the rental of a unit in such residential property has, or will have, received all applicable notices and rights now or hereafter required by Chapter 2 or by Chapter 3 of Division 2 of Title 7 of the Government Code. 3. Each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available upon request. 4. Each tenant of the proposed condominium project has been given written notification within 10 days of approval of the final map for the proposed conversion. 5. Each tenant of the proposed condominium project has been, or will be given, 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Resolution No. 2005 —158 August 2, 2005 Page 2 6. Each tenant of the proposed condominium project has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right. BE IT FURTHER RESOLVED by the City Council of the City of National City that the final subdivision map for the subject property at 26th Street and D Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney OWNER'S STATEMENT YE HEREBY STATE THAT VIE ARE THE OWNERS OF OR ARE INTERESTED IN THE LAND SUBOIV10E0 BY TH15 NAP ANO CONSENT 10 THE PREPARATION AND RECORDATION OF THIS MAP CON515NNG OF 2 SHEETS. IH15 IS A CONDOMINIUM PROJECT A5 DEFINED IN SECTION 1350 ET. SEO. OF THE CIVIL C00E OF THE STATE OF CALIFORN,A CONTAINS A MAXIMUM OF 72 UNITS, AND 15 FILED IN PURSUANT TO THE SUR01v1510N MAP AC1 H. VIEW RESIDENCES LLC, A GAL1FDRNIA LIMITED LIABILITY COMPANY BY PRINT NAME AND TITLE NORTH ISLAND FINANCIAL CREDIT UNION AS BENEFICIARY UNDER THAT CERTAIN DEED OF 1RU5T JULY 1B. 2003 AS INSIRUMEW NO 2003-0557990 OF OFFICIAL RECUR05 BY PRINT NAME AND TITLE STATE OF CALIFORN4 COUNTY OF SAN DEGO 55. ON THIS Day OF 2005, BEFORE ME, APP STATE OF CALIFORNIA, PER5'0 EARED ANO FOR THE Y PERSONALLY KNOWN TO MC OR APPROVED ON THIS BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED 10 ME THAT HE/SHE/THEY 00(091E0 THE SAME IN HIS/HER/THEIR AUtHOR12E0 CAPACITY(IES), AND THAT BY HIS/HER/THEER SIGNATURE(5) ON THE INSTRUMENT THE PERSON($), OR THE ENTITY UPON BEHALF OF WHICH ME PERSON(S) ACTED. EXECUTED THE INSTRUMENT SIGNATURE NOTARY PUBLIC IN AND FOR MAN AND STATE MY COMMISSION EXPIRES ON MY PRINCIPLE PLACE OF BUSINE55 S IN SAN DIEGO COUNTY STATE OF CALIFORNM COuNIY OF SAN DIEGO 55 ON THIS DAY OF . 2005. BEFORE ME, A NOTARY PUBLIC IN AND FOR THE 5tA1E OF CALIFORNIA. PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR APPROVED ON TIn5 BASIS OF SATISFACTORY EVIDENCE) 10 BE THE PERSON(S) WHOSE NAUE(5) IS/ARC SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED 10 ME THAT HE/SHE/THEY ExECU1E0 THE SAVE IN TITS/HER/THEM AUTHORIZED CAPA[ITY(IES). AND THAT BY HIS/HER/TITER SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPCN BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT SIGNATURE NOTARY PUBLIC IN AND FOR COUNTY AND STATE MY COMMISSION EXPIRES ON MY PRINCIPLE PUCE OF BUSINESS 15 IN SAN DIEGO COUNTY ANTHONY-TAYLOR CONSULTANTS •.' - ::':. JN 03-2321 03-2324 MAP NO 26TH AND D AVENUE -CASE NO. S-2004-4 IN THE CITY OF NATIONAL CITY FOR CONDOMINIUM PURPOSES BEING A SUBOIV,510N OF PORTIONS OF 10- ACRE LOT 1 AND OF 10-ACRE LOT 2 IN QUARTER SECTION 152 OF THE RANCHO DE LA NADON IN THE C11Y OF NATIONAL CITY. COUNTY OF SAN DEGO, STATE OF CALIFORNIA, ACCORDING THE MAP THEREOF N0. 166, FKE0 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 11, 1859. FOR COMPLETE METES AND SOUNDS LEGAL DESCRIPTION OF THE BOUNOARY OF THIS SUOCIV,51ON, SEE CERTIFIED TITLE COMPANY DESCRIPTION AND REPORT ON FILE IN TILE OFFICE OF THE CITY ENGINEER SUBDIVISION GUARANTEE BY FIRST AMERICAN TITLE COMPANY ORDER NUMBER: 01V-1599331 (22) WED CITY'S CLERK CERTIFICATE WE, NICK INZUN2A, MAYOR, AND MICIMEL R CALLA, CITY CLERK, OE NATIONAL CITY, CALIFORNIA. HERESY CERTIFY THAT THE CITY COUNCIL HAS APPROVED THIS MAP ON BY RESOLUTION N0. BW NICK IN2UN2A DATE BY• MICHAEL R. DALLA DATE SHEET 1 OF 2 SHEETS SURVEYOR'S STATEMENT I, RICHARD J. TANNER, A LICENSED LAND SURVCYOR OF THE STATE OF CAUFORNM, HEREBY STATE THAT THE SURVEY OF THIS SUBDNISION WAS MADE BY ME OR UNDER MY DIRECTION ON JAME 07. 21104 AND SAID SURVEY 15 TRUE AND COMPLETE AS SHOWN, THAT MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATE° AND ARE SUFFICIENT TO ENABLE THE SURVEY 10 BE RETRACED. (SEE LEGEND ON SHEET 2) RICHARD J. TANNER L5 5517 LTC. ExP. 09/30/06 DATE CITY ENGINEER'S CERTIFICATE 1. ROBERTO SAUCE00. PUBLIC WORKS DIRECTOR OF NATIONAL CITY CALIFORNIA, HEREBY CERTIFY THAT I HAVE EXAA11NE0 THE ANNEXED MAP OF THIS SUBONISION TO BE KNOWN A5 261H1 AND D AVENUE CONSISTING OF 2 SHEETS AND DESCRIBED IN THE CAPTION THEREOF, AND HAVE FOUND THAT THE DESIGN IS SuBMAP�ANDTIALLY TIE SAYE AS IT ANY APPROVED ALTERATIONS Y THERETO, THAT RED ON THE E ALL THE PROVISIONS OF THE SUBDIVISION HAP ACT Of THE STATE OF CALIFORNIA AS AMENDED HAVE BEEN COMPLIED WITH AND OF ANY LOCH. ORDINANCE OF SAID CITY APPLICABLE AT THE TIDE OF APPROVAL OF THE TENNITNE IMP HAVE BEEN COUPLED WITH. AND 1 AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT AND 1 HEREBY APPROVE THIS MAP. ROBERTO SAUCEDO PUBLIC WORKS DIRECTOR R.C.E. 29671 DATE TAX COLLECTOR'S CERTIFICATE I. THOMAS J. PA5TU52KA CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORN4, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (OM510N 2, TITLE 7, OF THE GOVERNMENT CODE) OF THE STATE OF CALIFORNM. AS AMENDED. REGARDING (o.) DEPOSITS FOR TAXES AND (N.) CERTIFICATION OF THE ABSENCE OF DENS FOR UNPND STATE. COUNTY, MUNIDPµ OR LOCAL TAXES EXCEPT THOSE NOT YET PAYABLE. HAVE SEEN GOLIPLIE0 VAIN. THOMAS J. PA5TU521M CLERK OF THE BOARDS OF SUPERVISORS BY. DEPUTY DATE COUNTY RECORDER'S CERTIFICATE ME NO 1 GREGORY J. SMITH, RECORDER OF THE COUNTY OF SIN DIEGO, STATE OF CALIFORNIA. CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS NAP f1LE0 AT THE REQUEST Of RICHARD J. TANNER THIS_ —___—DAY OF .2005, GREGORY J. SMITH COUNTY RECORDER FEE:1 T1.00 BY: DEPUTY COUNTY RECORDER CASE ND. S-2004-4 LAMBERT COORDINATE: 178-1777 MAP NO n 1` 1672'04'25"E 5.00' FD 3/4" IP ND T. N0 RECORD NOT ACCEPTE DETAIL '8• NOT TO SCALE N8T35'56-W 0 09' �C 1 INCH = 60 CECI GRAPHIC SCALE dci 2'• ir^ FOUND 4 PUNCH YARNS ON RIN 56H PER YAP 9665 & & PY 6264 ACCEPTED AS CL INTERSECTION F0 3/4- IP RCE 6170 N0 RECORD NOT ACCEPTED 570' l l'21 "E 023' 40' Z N72'04'25"E 5. D0' 1 1` 2 275.19' FOUND 3/4- IP MANNED RCE 6170 SEE R05 11369 NOT ACCEPTED 535'02'43"E 0.27' DETAIL 'C' NOT TO SCALE 26TH & D AVENUE PROCEDURE OF SURVEY PER YAP 9665 24TH STREET 24TH STREET GL (510'S6'S9'W 6601') FOUND 4 NAILS • 100' TIES ACCEPT D AS CL INTERSERIO N7T04'25E382.97' SEE OETAL "D FOUND WELL MONUMENT PER MAP 9665 307.72' FD 3/4' I.P. W/PLASTIC PLUG STAMPED RCE 12896 PER R05 11369 ACCEPTED AS POINT ON THE - NORMF/STERLY LINE OF THE f'-i IJ 11 i J `' OF THE SOUTHWESTERLY u� 347.72' OF THE EASTERLY HALF OF 10 AC LOT 1 SEE DEIAL /1 F r;ArDHI17 DE LA fPvCI!)i'`I «� MAP W 2 cO o w(I m ,. ,, FD 3/4" I.P. t f L. i W/PLASTIC °i - RCEG 12896PED O u FO 3/4"LP PER R05 11369 L71` RCE 9647 REPLACED PER LEGEND i i PER YAP 9665 REPLACED PER LEGENI 218.81' N7 88.91 i 10 AC LOT 1 10 AC LOT 2 275.25 N72.04'25 SUSOMSION BOUNDARY LOT 1 1.899 ACRES N70'58 18 E 8.83' PER R05 11369) N7205'59'1 582.81' A (N71'58'18"E 58279' PER ROS T 17'w I`d 2 _'if 1 om FOLD RCE 964 9665 YW 21882'�� "-SUBDIVISION BOUNDARY N72'0764"E 582.65E N72'07'34"E 144.00' 774 19' SEE DETAIL "B" MT04'25"E _ 125.00' DINT A 5 �QI Mfg h1 1► z yy /9500�9��,_�/ rE 220' 125.00' 1369) PUFF flON 1rlrt r 0 ACRE LOT 2 RANCHO DE LA NIAIGIJ)"I MAP 166 g 2TID .1 15 ti 40' W 4f N i1 3 '4n D) [ 220 (112.00' PER) PM 6264 103 99'— (104 00' PER MAP 9665) 28TH STRF N72'07'360 662.64E (N71'00'OO'E 66282') C POINT 8 (662.55'] ANTHONY-TAYLOR CONSULTANTS JN 03-2324 E1'og)">3BA B80029 304 Enlerpriu 51. P, GANG PN NAIL PER IMP 9665 k PM 8264 ACCEPTED AS C RSECTION SEE DETAIL "A" FOUND WELL MONUMENT N72.04'25-W 662.69' FD 3/4' LP. AG RREECOD 0 NNOOT ACCEPTED N29'181 0.38' N3T06'0TE 8.06' F0UN0 L/0 RCE 19073 SEE ROS 11498 R DETAIL •D' NOT TO SCALE 0i N72107'34"E 582.65' 11]2au� '0]'31 "E 682.61 28TH STREET DETAIL 'A' NOT 10 SCALE 2 n 0 FOUND L/0 RCE 19073 PER C.R. 11014 FOUND PN NA PER AL8P 9665 k P.M. 6264 ACCEPTED AS CL NTERSECTION BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS M5P 15 THE CALIFORNIA COORDINATE SYSTEM (GCS) (ZONE 5) OF THE NORTH AMERICAN DATUM OF 1983 (NMI 83) GRID BEARING BETWEEN STATION NO 1284. AN0 STATION NO 327B, OF THE CITY OF SAN DIEGO HORIZONTAL CONTROL NETWORK AS SAID VALUES ARE PUBLISHED IN RECORD OF SURVEY NO 14492 ON FILE WITH THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY IE S89' 11'04'W DUOTED BEARINGS FROM REFERENCE MAPS/DEEDS. MAT OR MAY NOT BE IN TERMS OF SAID SYSTEM ALL DISTANCES SHOWN ARE GROUND DISTANCE CRIB DISTANCE. GROUND DISTANCE K COMBINED SCALE FACTOR THE COMBINED SCALE FACTOR 0 STATION 1264 IS 1.0000251 0A E M1 lP 0�yh 1 YfFAr 0 STATION 1284 CONVERGENCE ANGLE SHEET 2 OF 2 SHEETS L GEND/ABBREVIATIONS Q INDICATES SET 2'1(24" IRON PIPE WITH BRASS DISC NARKED LS 5517 FOUND WELL MONUMENT • FOUND POINT AS NOTED• . FOUND LEAD & DISC STAMPED "RCE 19073- ( ) INDICATES RECORD DATA PER IMP 9665 OR AS NOTED SET LEAD & DISC STAMPED LS 5517 [ ] INDICATES RECORD PER PARCEL MAP 6264 INDICATES SUBDIVISION BOUNDARY FD FOUND L/0 LEAD WITH DISC CL CENTERLINE RW RIGHT OF WAY IP IRON PIPE PM PARCEL MAP ROS _RECORD OF SURVEY CR CORNER RECORD CONC CONCRETE PL --- _PROPERTY LINE PCL PARCEL AC ACRES 389E I STATION 3278 N 1821438.43 E 6298573.46 POINT A 150404T'1Y1 PONT B 92 EGRIO) STATION 1284 N 1821473.47 E 6301034,58 LAMBERT COW 178-1737 03-2324 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 12 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the City Engineer to establish red "No Parking" zone adjacent to the driveway at 104 E. 4th Street (M.Mendoza, TSC Item No. 2005-22). PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4380 EXPLANATION Mr. Mario Mendoza, the owner of the residence located at 104 E. 4th Street, has requested the installation of red curb "No Parking" zones adjacent to the property's driveway. As stated in this letter, there is limited parking in the area therefore vehicles are parking next to his driveway and are hindering ingress and egress. The Traffic Safety Committee approves three feet of red curb on both sides of his driveway, at their meeting of July 13, 2005. L Environmental Review N/A MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Approved By: Finance Director Account No. Adopt the Resolution. .....s.*„...p BOARD / COMMISSI.QN RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. L, 1. Resolution 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) RESOLUTION NO. 2005 — 159 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ON BOTH SIDES OF THE DRIVEWAY AT 104 EAST 4TH STREET (M. Mendoza, TSC ITEM NO. 2005-22) WHEREAS, Mario Mendoza, owner of the property located at 104 East 4th Street, has requested the installation of red curb no parking zones adjacent to his driveway because parked vehicles encroach into the driveway restricting ingress and egress from the property; and WHEREAS, at its meeting on July 13, 2005, the Traffic Safety Committee approved the installation of three-foot red curb no parking zones on both sides of the driveway at 104 East 4th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two three-foot red curb no parking zones on both sides of the driveway at 104 East 4th Street. PASSED and ADOPTED this 211d day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 13, 2005 ITEM NO. 2005-22 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 104 E. 4TH STREET (BY: M. MENDOZA) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. Mario Mendoza, the owner of 104 E. 4th Street, has requested the installation of a red curb "No Parking" zone adjacent to his driveway. As stated in his letter, there is limited parking in the area. Therefore, vehicles are encroaching into his driveway and are not allowing egress and ingress from it. Staff investigated the site and agrees with the installation of red curb. The approximate length will be 3 feet on each side of the driveway. STAFF RECOMMENDATION: Staff recommends the installation of 3' of red curb "No Parking" zone on each ,,fie of his driveway located at 104 E. 4th Street. EXHIBITS: 1. Letter 2. Location Map 3. Photo tsc 2005-22 Mario Mendoza 104 East Fourth Street National City, CA 91950 June 6.2005 Engineering Department ATTN: Traffic Safety Committee 1243 National City Boulevard National City, CA 91950 Dear Committee: qs d L- nnr wiz I am requesting that the drive wings of my driveway be painted red. There is limited street parking and it is unsafe and difficult to get out of my driveway when cars are parked to close. Thank you for your consideration of this request. I look forward to hearing from you soon. Sincerely, 771,?_c> Mario Mendoza NATIE\ 6A/F-1\111r AL 01 (NATIONAL AVE) 1 I LANTJA 13)Fr. CITY 3 Page 1 of 2 ' file://C. , WINDOWS TEMPT 10100024.JPG '15/05 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 13 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the City Engineer to establish red "No Parking" zone or Hoover Avenue north of the driveway at 301 W. 30th Street (D. Barnett, TSC No. 2005-23). PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4380 EXPLANATION Mr. David Barnett, the manager of Don Gross Warehouse at 301 W. 30th Street, has requested the installation of a red curb "No Parking" zone on the north side of his driveway. Mr. Barnett stated that vehicles are parking on the north side of his driveway are obstructing the view from vehicle leaving his parking lot. There is also a unique problem at this section of Hoover Avenue. The street becomes narrow, therefore vehicles do obstruct the view (see photo). Staff investigated the site and agrees that red curb installation would prevent the obstruction of the view for vehicles leaving the parking lot on Hoover Avenue. The Traffic Safety Committee approved staffs recommendation of 25' foot of red curb north of the driveway at 301 W. 30th Street, at their meeting of July 13, 2005. J ( Environmental Review - N/A MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution. , t____9..p BOARD / COMMISSIQWJtECOMMENDATION Approved By: Finance Director Account No. The Traffic Safety Committee at its meeting of July 13, 2005, approved the 25-foot red "No Parking" zone north of the driveway located at 301 W. 30th Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2005 — 160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A 25-FOOT RED NO PARKING ZONE NORTH OF THE DRIVEWAY AT 301 WEST 30TH STREET (D. Barnett, TSC ITEM NO. 2005-23) WHEREAS, David Barnett, manager of Don Gross Warehouse located at 301 West 30th Street, has requested the installation of a red curb no parking zone on the north side of the parking lot driveway for the warehouse because parked vehicles obstruct the view of the vehicle drivers leaving the parking lot; and WHEREAS, at its meeting on July 13, 2005, the Traffic Safety Committee approved the installation of a 25-foot red curb no parking zone on the north side of the driveway at located at 301 West 30th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish25-foot red curb no parking zone on the north side of the driveway at located at 301 West 30th Street. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 13, 2005 ITEM NO. 2005-23 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE NORTH OF THE DRIVEWAY AT 301 W. 30T" STREET ON HOOVER AVENUE (BY: D. BARNETT, PHONE NO. 619/336-9770) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mr. David Barnett, the manager of Don Gross Warehouse located at 301 W. 30th Street, has requested the installation of a red curb "No Parking" zone north of his driveway. As stated in his explanation, vehicles are obstructing the view of his customers leaving his driveway. There is an unusual problem in this part of Hoover Avenue. The street becomes narrow to the north of this business and vehicles are parking in this area. Therefore, those vehicles are obstructing the view of vehicles leaving the business. Staff investigated the site and agrees with the installation of red curb. The approximate length will be 25 feet of red curb north of his driveway (see location map) STAFF RECOMMENDATION: Staff recommends the installation 25' of red curb "No Parking" zone to the north of his driveway on Hoover Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photo tsc 2005-23 FROM :DON GROSS WHSE FAX NO. :619 336 9777 Jun. 20 2005 01:00PM P1 DON C;ROS,S WAREHOUSE _Tulle 20, 2003 Traffic Safety Committee 1)c.ar Sir or Madam: T believe there should be a red curb an I louver br. wccti W. 28''• Sr. and 1V, 30d. St. where i1 r."rve< uw L<> Lhe 1Irreen perpendicular to the raitrnad tracks and between the buildings ou 28d. St. and 30" A:USW:1101 pull nut on Flower there is a blind Tot there it a car orere. Sr.There i When my s been Nit, accidents there within the last year, the mienrcec occurred 0(i/15/05. Wcwould a appreciate your latiention to t1u. matter. Sincerely, David 'Barnett Whnc. manager 301 W 30''r STREET • NATIONAT, CITY, (1 • 91950 PHONE: (.19.336 9770 • I AX 619.136.0777 28th STREET z PROPOSED RED C LJ LJ SYTE MAP • Page 1 o#' 2 ' 1ile:Ii(, :v v✓INDOWS\TEMP\P10100046.JPG .i/05 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 14 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH NEW CINGULAR WIRELESS, PCS, LLC FOR THE INSTALLATION AND OPERATION OF AN EQUIPMENT ROOM AND ANTENNAE FACILITIES IN SWEETWATER HEIGHTS PARK PREPARED BY EXPLANATION George H. Eiser, 1111,4 DEPARTMENT City Attorney (Ext. 4221) Pursuant to Resolution No. 10-2004, the Planning Commission approved a CUP (CUP-2004-3) allowing Cingular Wireless the use of a portion of Sweetwater Heights Park for the installation of an equipment room and antennae facilities. Subsequently, the City entered into a lease agreement with Cingular Wireless for this use. New Cingular Wireless has now proposed use of the same site for additional facilities. The new facilities have been determined to be in substantial compliance with CUP-2004-3 by the Planning Department. The proposed lease agreement would allow the installation and operation of the additional facilities by New Cingular Wireless. Environmental Review _X_ N/A Financial Statement The cost of installing, operating and maintaining the facilities shall be borne by New Cingular Wireless. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION Planning Commission approved CUP-2004-3. ATTACHMENTS ( Listed Below ) Resolution Lease Agreement Resolution No. A-200 (9/80) RESOLUTION NO. 2005 — 161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH NEW CINGULAR WIRELESS, PCS, LLC FOR THE INSTALLATION AND OPERATION OF AN EQUIPMENT ROOM AND ANTENNAE FACILITIES IN SWEETWATER HEIGHTS PARK WHEREAS, New Cingular Wireless PCS, LLC ("New Cingular Wireless") desires to lease a portion of Sweetwater Heights Park for the installation and operation of an equipment room and antennae facilities which shall be used for the operation of their communication business; and WHEREAS, after regular meetings of the Planning Commission held on March 15 and April 15, 2004, the Commission adopted Resolution No. 10-2004 approving the Conditional Use Permit CUP-2004-3 allowing Cingular Wireless the use of a portion of Sweetwater Heights Park, and subsequently, the City entered into a lease agreement with Cingular Wireless for the use of the site for the installation and operation of an equipment room and antennae facility; and WHEREAS, New Cingular Wireless has proposed a facility to be installed on the leased premises which has been determined by the Planning Department to be in substantial conformance with CUP-2004-3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a lease agreement with New Cingular Wireless PCS, LLC for a portion of Sweetwater Heights Park for the installation and operation of a wireless communication equipment room and antennae facilities. Said lease agreement is of file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this 2nd day of August, 2005, by and between the City of National City ("Landlord") and New Cingular Wireless PCS, LLC, A Delaware Limited Liability Company ("Tenant"). RECITALS A. Landlord is the owner of the real property known as "Sweetwater Heights Park" ("Landlord's Property") located in the City of National City, San Diego County, State of California. B. Tenant desires to lease a portion of Sweetwater Heights Park for the installation and operation of an equipment room and certain antenna facilities collectively, ("Antenna Facilities") for use in connection with its communications business. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord a portion of Sweetwater Heights Park consisting of the space shown on the Location Map attached hereto as Exhibit "A" and incorporated herein by reference. A legal description of the leased premises is attached hereto as Exhibit `B" and incorporated herein by reference. Said leased premises are referred to herein as "Leased Premises." Tenant intends to locate its Antenna Facilities on the "Leased Premises", which facilities include installation of an underground equipment room to accommodate the co -location of an antenna on a monotree located adjacent to the leased premises. A site plan is attached hereto as Exhibit "C". Tenant may not add additional equipment and/or antenna from that authorized by City of National City Planning Commission Resolution No.10-2004 which is attached hereto as Exhibit "D". Landlord reserves the right to require Tenant to relocate its Antenna Facilities to another location on Landlord's Property at Landlord's expense so long as the other location provides radio receipt and transmission equivalent to the Leased Premises. Tenant shall complete the relocation of its Antenna Facilities within six months after written notice from Landlord. This Lease is not a franchise pursuant to Chapter 6.10 of the National City Municipal Code or is it a permit to use the right-of-way under Chapter 13.12 of the National City Municipal Code. Any such franchise or permit must be obtained separately from Landlord. City of National City Cingular # SS-030-01 Lease Agreement Sweetwater Heights Park 2. Term. The term of this Lease shall be five (5) years, commencing on August 2, 2005 (the "Commencement Date") and ending August 1, 2010. Provided that Tenant is not in breach of any of the portions of the provisions of this Lease, Tenant may extend the initial term of this Lease for four (4) successive five (5) year terms, upon giving Landlord ninety (90) days' prior written notice of its intention to extend. If this Lease is terminated by the Landlord based on any of the grounds specified in Section 17 of this Lease, the termination shall be effective thirty (30) calendar days from the date of delivery of the notice of termination if Tenant, within such thirty (30) day period, has not cured such default. If this Lease is terminated by Tenant based on any of the grounds specified in Section 17 of this Lease, such termination shall be effective no sooner than thirty (30) days from delivery of written notice from Tenant to Landlord. 3. Rent. a. Tenant shall pay Landlord as annual initial rent for the Leased Premises the sum of $25,000.00 ("Rent"). Tenant shall pay Landlord Rent for the first year on the Commencement Date. Tenant shall pay Landlord Rent annually in advance on each anniversary of the Commencement Date. Beginning with the first anniversary of the Commencement date, the Rent paid shall be increased by five percent (5%) each year. Beginning with the third anniversary of the Commencement Date, Tenant shall pay Landlord as annual rent an amount equal to the greater of (1) the previous year's rent, adjusted upward by five percent (5%) or (2) the Fair Market Value of the ground lease for similar cellular communications facility in a comparable location as determined by an independent, qualified appraiser retained by Landlord and subject to Tenant's reasonable approval. b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the late payment for any payment not paid within ten (10) days after due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. c. If this Lease is terminated by Tenant at a time other than on the last day of the year. Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent or other breach of this lease by Tenant, the balance of all prepaid Rents shall be refunded to the Tenant. d. Upon termination of this Lease for any reason. Tenant shall remove its equipment, personal property, Antenna Facilities, and leasehold improvements from the Leased Premises on or before the date of termination, and shall repair any damage to Leased Premises and its landscape or hardscape caused by such equipment, normal wear and tear excepted, and shall reinstall or replace with a comparable substitute the existing structure; all at Tenant's sole cost and expense. Any such property or facilities which are not removed by Tenant within thirty City of National City Cingular # SS-030-01 2 Lease Agreement Sweetwater Heights Park (30) days of the termination of the lease term shall become the property of landlord. Any such property or facilities which are not removed by Tenant within thirty (30) days of the termination of the lease may, at Landlord's option, be removed by Landlord within sixty (60) days of termination of the Lease at Tenant's expense, with Tenant reimbursing Landlord for the costs of removal within thirty (30) days after such costs are incurred by Landlord. e. Tenant shall reimburse Landlord for its reasonable costs and expenses, including legal fees, incurred by Landlord in connection with the negotiation of this Lease, all as additional Rent, payable upon execution of this Lease. The reasonable costs and expenses shall not exceed $1,000.00. 4. Taxes. Tenant recognizes and understands that this Lease may create a possesory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Section 107 and 107.1 of the Revenue and Taxation Code against Tenant's possesory interest in the Leased Premises. 5. Use of Leased Premises. a. Tenant shall use the Leased Premises for the installation, operation and maintenance of its Antenna Facilities for the transmission, reception and operation of a communications system and uses incidental thereto and for no other uses. In its use of the Leased Premises, Tenant shall at all times remain in compliance with National City Planning Commission Resolution No. 10-2004 Landlord reserves the right to enter into agreement with other parties including, but not limited to, wireless communications carriers (hereinafter "Carrier") for use of Landlord's property. In the event that an additional Carrier is licensed to use any site on Landlord's property, it shall be the new Carrier's responsibility, at its expense, to ensure that such installation is constructed and operated in accordance with applicable regulations issued by the Federal Communications Commission (FCC) and that its use of Landlord's Property does not interfere with Tenant's use of the Leased Premises. Landlord shall include a provision in any agreement with a new Carrier, which provides that installation and use of its communication equipment shall not interfere with Tenant's use and operation of its communication system. The Carrier will provide the Landlord and Tenant with a certified evaluation prepared by a telecommunications engineer that its Antenna and other facilities will not interfere with Tenant's existing Antenna or proposed Antenna or other facilities. b. Tenant shall have the opportunity to review the certified evaluation and to make its own evaluation regarding whether the Carrier's installation will interfere with Tenant's Antenna Facilities. If Tenant determines that the Carrier's installation will interfere with Tenant's Antenna Facilities, then Tenant must notify the Landlord in writing of its findings no later than twenty days after receipt of the certified evaluation. Tenant shall provide all documentation supporting its findings to Landlord. If Landlord accepts those findings, then the Carrier cannot City of National City 3 Cingular # SS-030-01 Lease Agreement Sweetwater Heights Park proceed with its installation unless and until it can satisfy Tenant that the proposed installation will not interfere with Tenant's Antenna Facilities. If Landlord disagrees with Tenant's findings, then Landlord and Tenant shall hire a mutually agreed upon independent telecommunications engineer to evaluate the potential interference problems, the cost to be borne equally by Landlord and Tenant. If that independent engineer determines that the proposed installation will not interfere with Tenant's Antenna Facilities, then the carrier may proceed with its installation. However, if the independent engineer determines that the proposed installation will interfere with Tenant's Antenna Facilities, then the Carrier cannot proceed with its installation unless and until it can satisfy the independent engineer that the proposed installation will not interfere with Tenant's Antenna Facilities. c. Tenant shall not deny Carrier the ability to co -locate the Carrier's transmitting/receiving equipment, and Antenna facilities within and upon Tenant's installed facilities as provided in condition number 11 of the approved Conditional Use Permit of National City Planning Commission Resolution No.10- 2004 pursuant to the following conditions: in addition to the requirements set forth above in Section 5(a), Carrier shall provide Landlord and Tenant with a certified evaluation prepared by a structural engineer finding that the installed facilities can support the additional installation. Tenant shall have the opportunity to review the certified evaluation and to make its own evaluation regarding whether the installed facilities can support the additional equipment. If Tenant determines that the installed facilities cannot support the additional installation, then Tenant must notify the Landlord in writing of its findings no later that twenty days after receipt of the certified evaluation. Tenant shall provide all documentation supporting its findings to landlord and Tenant shall hire a mutually agreed upon qualified engineer to evaluate whether the installed facilities can support the additional installation, the cost to be borne equally by Landlord and Tenant. If that engineer determines that the installed facilities will support the additional installation, then the Carrier may proceed with its installation. However, if the independent engineer determines that the installed facilities cannot support the additional installation, then the Carrier cannot proceed with its installation unless and until it can satisfy the engineer that the installed facilities can support the additional installation. Once it has been determined that the installed facilities can support the additional installation and that the installation will not interfere with Tenant's Antenna Facility as set forth in section 5(a), then Carrier shall execute a sublease agreement with Tenant setting forth the rights, duties and obligations of each party, including the rights, duties and obligations of each party with respect to interference with the communication equipment of the other party, access to each party's equipment and maintenance and repair of each party's equipment. d. In the event that any equipment installed pursuant to any future agreements for the installation of communication/radio equipment on Landlord's Property, other than any equipment installed on Tenant's installed facilities, does cause interference with Tenant's Antenna Facilities, then Tenant shall provide thirty (30) days' City of National City Cingular # SS-030-01 4 Lease Agreement Sweetwater Heights Park written notice to Landlord of this interference. Landlord shall have ten (10) days' written notice to eliminate such interference. If such interference is not eliminated, then Tenant shall have the right to terminate this Lease. e. Tenant shall exercise due diligence in utilizing the Leased Premises as to not interfere with utilization of the remainder of the Landlord's Property by Landlord, and Tenant agrees to comply with any rules and regulations that Landlord may promulgate at any time in reference to utilization of Landlord's Property so long as those rules do not unreasonably interfere with Tenant's rights to operate its communication system. It is understood by Tenant that the Landlord's Property is used by Landlord as a Park and that it is necessary to maintain adequate security at all times for the primary utilization of the Landlord's Property by Landlord. 6. Construction Standards. The Antenna Facilities shall be installed on the Leased Premises in a good and workmanlike manner without attachment of any construction liens. Landlord will require Tenant to paint the Antenna Facilities in conformance with approved Conditional Use Permit CUP No. CUP 2004-3 so as to blend with the surroundings. If not specified in CUP 2004-3, Tenant will paint in a color specified by Landlord and otherwise shield the Antenna Facilities from view as required by said CUP. 7. Installation of Equipment. a. Prior to commencing construction. Tenant shall obtain a Building Permit from the National City Department of Building and Safety and a Construction Permit from the National City Engineering Department for street improvements, grading or retaining walls, if required. Tenant shall pay the normal costs for all permits and shall bond for the required street improvements, grading or retaining walls, if any. Tenant shall verify that the soil bearing capacity of the proposed site will support the Antenna Facilities, its ancillary structures and equipment. Tenant shall obtain the Landlord's prior written approval of the Construction Drawings for any of Tenant's improvements or site preparations before commencing such activities and shall be responsible for any environmental review relating to such improvements or site preparations subject to landlord's approval. All improvements shall be constructed by Tenant, at Tenant's sole cost and expense. Landlord may condition its approval on Tenant taking steps reasonably necessary to protect Landlord's property and to comply with all conditions of Conditional Use Permit CUP 2004-3, as approved by National City Planning Commission Resolution No.10-2004. Improvements of the site shall be at Tenant's sole expense, including any structural reinforcement necessary to support Tenant's equipment, and Tenant shall maintain the Leased Premises throughout the term in good and safe condition, free of litter or other items relating to Tenant's use, and so as not to create unsafe conditions or an interference with access for any Tenants or other parties, and with all visible areas maintained in a condition at least equal to that of the other facilities on the Property. b. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the Property, in accordance with good engineering practices and with City of National City Cingular # SS-030-01 5 Lease Agreement Sweetwater Heights Park all applicable FCC rules and regulations, its Antenna Facilities as described on Exhibit C. Antenna size shall be limited to dimensions shown on the plans approved by Landlord, pursuant to CUP 2004-3, as approved by National City Planning Commission Resolution No.10-2004. c. Tenant's installation of all such Antenna Facilities shall be done according to plans approved by Landlord. Any damage done to the Leased Premises during installation and/or during operations shall be repaired or replaced immediately at Tenant's expense and to Landlord's sole satisfaction. In connection with the installation and operation of the Antenna Facilities, Tenant shall not locate or attach any Antenna on other equipment to the Leased Premises without an approved Building Permit from and in written approval of the Director of Building and Safety or his/her designee. The installation methods for attaching antennas or other equipment to the Tenant's installations, facilities or equipment must be done in a manner that poses no threat of damage or injury to other City property or users of the Property. Tenant shall pay all cost and expenses in relation to maintaining the integrity of Landlord's property in connection with Tenant's installation and operation of the Antenna Facilities. Tenant shall install temporary fencing upon the Leased Premises during such times as the installation or removal of the Antenna Facilities is taking place, and shall remove such temporary fencing upon the completion of installation or removal, all at Tenant's sole cost and expense. d. Within thirty (30) days after Commencement Date, Tenant shall provide Landlord with as -built drawings of the Antenna Facilities and the improvements installed on the Leased Premises, which show the actual location of all equipment and improvements consistent with Exhibit "C". Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities. e. Tenant shall provide Landlord with copies of all tests reports, and records pertaining to the equipment, which are conducted by or on behalf of Tenant within thirty (30) days after finalization of each test, record, or report. f. Any change to Tenant's approved Antenna type, number of antennas, Antenna location and/or change in transmitter type and power output shall, at the sole expense of Tenant, be made in accordance with applicable regulations issued by the FCC and/or the California Public Utilities Commission (CPUC). g. Each and every contractor, subcontractor and/or supplier shall have or obtain a current National City Business License. The Business License is not required of any subcontractor or supplier who delivers material and/or equipment with the Tenant's contractor's, or subcontractor's vehicle or with a common carrier. 8. Equipment Upgrade. Tenant may update or replace the Antenna Facilities from time to time with the prior written approval of Landlord, which will not be unreasonably withheld, delayed or denied, provided that (1) the replacement facilities are not City of National City Cingular # SS-030-0I 6 Lease Agreement Sweetwater Heights Park materially greater in number or size that the existing facilities, (2) that any change in their location on the pole is approved in writing by Landlord and (3) that any modification is in compliance with CUP 2004-3, as approved by National City Planning Commission Resolution No.10-2004. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. 9. Maintenance and Operations. a. Tenant shall, at its own expense, maintain the Leased Premises in a safe condition, and in good repair so as to not to conflict with the use of or leasing of the remainder of the Landlord's Property by Landlord. b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antenna facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. c. Tenant shall keep the Leased Premises free of graffiti, debris and anything of a dangerous noxious or offensive nature or which create a hazard or undue vibration, heat, noise or interference. d. In the event Landlord or another tenant of Landlord's undertakes painting, construction or other alterations in the vicinity of the Leased Property, upon receipt of written notice al least five (5) business days in advance of the painting, construction or other alterations, Tenant shall take reasonable measures at Tenant's cost to cover Tenant's equipment, personal property or Antenna Facilities and protect such from paint and debris fallout which may occur during painting, construction or alteration process. 10. Premises Access. a. Tenant is hereby given and granted a license for ingress and egress to the Leased Premises over, upon, and across adjoining lands and easements owned by Landlord as may be required for the purpose of erection, installation, maintenance and removal of Tenant's Antenna Facilities (the "Access Easement"). Such license shall be over existing roads. b. Upon prior written approval of Landlord, Landlord agrees to grant to Tenant or to such Utility Companies which Tenant shall designate, an Encroachment Permit for such utilities as Tenant deems necessary to serve the Leased Premises. Said Encroachment Permit shall be for the installation and maintenance of necessary utilities from the point of the connection with the Utility Companies' distribution network to Tenant's facilities. The Encroachment Permit shall be over, under or across such portion of Landlord's Property as is reasonably necessary for the installation, maintenance and/or repair of such utility services, provided that such access does not materially interfere with Landlord's normal use of Landlord's City of National City 7 Lease Agreement Cingulaz # SS-030-01 Sweetwater Heights Park Property, and provided further that it shall be consistent with the plans approved by National City Planning Commission Resolution No. 10-2004. c. Landlord will have access to the Leased Premises at all times and may examine and inspect the Tenant's facilities for safety reasons or to ensure that the Tenant's covenants are being met. In exercising this right of access to the Leased Premises, Landlord and its employees, agents or contractors shall not damage nor interfere - with Tenant's equipment or ongoing operations therein. 11. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall timely pay all costs associated herein. 12. Permits and Business License Fees. Tenants shall pay, as they become due and payable, all business license taxes, fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant" use of the Leased Premises. 13. Approvals -Compliance with Laws. Tenant's use of the Leased Premises is contingent upon its obtaining certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Antenna Facilities in accordance with site standards, statutes, ordinances, the provisions of CUP 2004-3, as approved by National City Planning Commission Resolution No. 10- 2004 and the rules and regulations now in effect or that may be issued thereafter by the FCC, or any other governing bodies. 14. Interference. Tenant's installation, operation and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's operations or related repair and maintenance activities on the remainder of Landlord's Property who were in possession of that Property prior to the commencement date of such interference; provided, however, that issues of radio frequency interference with the operations of any other tenants on Landlord's Property that are communications carriers are deemed covered by the provisions of Section 5(a) and 5(b) of this Lease. Tenant agrees to cease all such actions that interfere with Landlord's use of the remainder of Landlord's Property as a Park promptly upon actual notice of such interference; provided, however, in such case, Tenant shall have the right to terminate the Lease and remove all of its equipment, personal property, Antenna Facilities and leasehold improvements and to get refund of the balance of prepaid rent. Before approving the placement of Antenna Facilities, Landlord may obtain, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Leased Premises and an engineering study indicating whether the Leased Premises' soil conditions are able to structurally support Tenant's Antenna Facilities without prejudice to the Landlord's primary use of the remainder of the Landlord's Property. Tenant's use and operation of its facilities shall not interfere with the use and operation of other communication facilities existing on the Property as of the Commencement 8 City of National City Cingular # SS-030-01 Lease Agreement Sweetwater Heights Park Date. If Tenant's facilities cause interference, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within thirty (30) days, Landlord may terminate this Lease. 15. Default by Tenant and Landlord's Remedies. It shall be a default if Tenant fails to pay Rent or any other sums to Landlord when due, and does not cure such default within ten (10) days; or if Tenant defaults in the performance of any other covenant or conditions of this Lease and does not cure such other default within thirty (30) days after written notice from Landlord specifying the default complained of; provided, however, that if the nature of Tenant's default of a non -monetary obligation is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently pursues such cure to completion; or if Tenant abandons or vacates the Leased Premises; or if Tenant is adjudicated a bankrupt or makes any assignment for the benefit of creditors; or if Tenant becomes insolvent. If suit shall be brought by Landlord for recovery of possession of the property for the recovery of any rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant. Tenant shall pay to Landlord all expenses incurred therefor, including reasonable attorney's fees, provided that Landlord is the substantially prevailing party in said suit. 16. Cured by Landlord. In the event of a default, Landlord shall have the right at its option in addition to and not exclusive of any other remedy Landlord may have by operation of law, without any further demand of notice, either: (a) terminate Tenant's right to possession of the Leased Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession to Landlord. In such event, Landlord shall be entitled to recover from Tenant (i) the amount of the unpaid rent accrued through the date of termination, (ii) the worth at the time of award of the amount by which the unpaid rent reserved for the balance of the term exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided (net the costs of reletting), and (iii) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under the Lease; or (b) pursue any other remedy now or hereafter available under the laws or judicial decisions of the State of California. 17. Optional Termination. This Lease may be terminated by: a. Tenant, if it determines that it is no longer practical to use the Leased Premises for its intended purpose; b. Tenant, if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; c. Landlord, if Tenant is in default under this Lease; City of National City Cingular # SS-030-01 9 Lease Agreement Sweetwater Heights Park d. Landlord, upon ninety (90) days' written notice to Tenant, if Landlord determines, in its sole discretion, that the Leased Premises are needed for a public Purpose. In the event of such determination, Landlord shall reimburse Tenant (1) the Fair Market Value of all improvements installed by Tenant on the Leased Premises, as determined by an independent qualified appraiser retained by Landlord and subject to Tenant's reasonable approval; and (2) the amount of any Rent pre -paid by Tenant. 18. Liquidated Damages — Termination. Notice of Tenant's termination pursuant to paragraph 17(a) or (b) shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. All rentals paid for the Lease of the Property prior to said termination date shall be retained by Landlord. Upon termination of this Lease by either party, this Lease shall terminate for all purposes and t he parties shall have no further obligations to each other. 19. Alteration, Damage or Destruction. If the Leased Premises or any portion thereof is altered, destroyed or damaged so as to a materially hinder effective use of the Antenna Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord, in such event. Tenant shall within ninety (90) days remove the Antenna Facilities and all other of its property from the Leased Premises and shall restore the Leased Premises, including reinstallation or replacement with comparable substitute of the existing structure, to the same condition as existed prior to this Lease. Upon the completion of such removal and restoration all rights and obligations of the parties shall cease as of the date of the alteration, damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. Landlord shall have no obligation to undertake any repair to Tenant's Antenna Facilities or other personal property of Tenant. 20. Condemnation. In the event that all or part of the Leased Premises or any interest of Tenant in the Leased Premises is taken by eminent domain by the City of National City or any other governmental agency, quasi -governmental agency or other public body thereby making it physically or financially unfeasible, as determined by Tenant in its sole discretion, for the Leased Premises to be used in the manner it was intended to be used by Tenant under this Lease, Tenant shall have the right to terminate this Lease effective as of the date the condemning agency takes possession of the Leased Premises, and the rent shall be equitably prorated. Tenant shall not be entitled to any portion of the award paid for the taking, (except for Antenna Facilities, other communications equipment, leasehold and personal property of Tenant), and Landlord shall receive the remainder of such award. Tenant hereby expressly waives any right of claim for loss of business or goodwill. All damages awarded as compensation for diminution in value of the leasehold or to the Landlord's Property shall belong to the Landlord. If only a portion of the Leased Premises is taken by eminent domain, and Tenant elects not to terminate this Lease under this provision, then rental payments provided under this Lease shall be reduced proportionally as to the portion taken which is not then usable by Tenant and this Lease shall continue in effect. 21. Indemnity and Insurance. City of National City Cingular # SS-030-01 10 Lease Agreement Sweetwater Heights Park a. Disclaimer of Liability. Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Leased Premises or Tenant's Antenna Facilities. b. Indemnification. Tenant shall, at its sole cost and expense, defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnitees"), from and against: Any and all liability, obligation, damages, penalties claims, lien, costs, charges, loses and expenses including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the indemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Leased Premises or Tenant's Antenna Facilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Any and all liabilities, obligations, damages, penalties, claims, liens, costs charges, losses and expenses (including without limitations, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Leased Premises or Tenant's Antenna Facilities, and, upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded within thirty (30) days following such request. iii. Any and all liability, obligation, damages, penalties, claims liens costs, charges losses and expense (including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any financing or securities offering by Tenant or its affiliates for violation of the common law or any laws, statutes, or regulations of the State of California, or United States, including those of the Federal Securities and exchange Commission, whether by Tenant or otherwise. iv. Tenant's obligations to indemnify indemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent City of National City 1 1 Lease Agreement Cingular # SS-030-01 Sweetwater Heights Park such claims arise out of the sole negligence or willful misconduct of one or more indemnitees. c. Assumption of Risk. Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risk of dangerous conditions, if any, on or about the Leased Premises, and Tenant hereby agrees to indemnify and hold harmless the Landlord against and from any claim asserted or liability imposed upon the Indemnitees for personal injury or property damage to any person other than from indemnitee's gross negligence or willful misconduct) arising out of the Tenant's installation, operation, maintenance, condition or use of the Building or Tenant's Antenna Facilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of Landlord. In the event any action or proceeding shall be brought against the landlord by reason of any matter for which the Landlord is indemnified hereunder. Tenant shall, upon notice from Landlord, at Tenant's sole cost and expense, resist and defend the same with legal counsel mutually selected by Tenant and Landlord; provided however, that Tenant shall not admit liability in any such matter on behalf of the Landlord without the written consent of Landlord and provided farther that Landlord shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the commencements of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. f. Insurance. During the term of the Lease, Tenant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. ii. Comprehensive commercial general liability insurance with minimum limits of Three Million Dollars ($3,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. City of National City Cingular # SS-030-01 12 Lease Agreement Sweetwater Heights Park g. iii. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or accidental to the installation of the Antenna Facilities. Upon completion of the installation of the Antenna Facilities, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Antenna Facilities. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. Business interruption insurance coverage in an amount sufficient to cover such loss of revenues, for the period of time which it would take, under normal circumstances, to repair or replace that part(s) of the Antenna Facilities which is damaged and caused the loss of revenue. vi. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. vii. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. viii. Tenant shall furnish certificates of insurance to Landlord before commencement of work. Named Insureds. All policies, except for business interruption and worker's compensation policies, shall name Landlord and its officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"). Each policy which is to be endorsed to add Additional Insureds shall contain cross -liability wording, as follows: "In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be in the same manner as if separate policies had been issued to each insured hereunder." h. Evidence of Insurance. Certificates of insurance of each insurance policy required to be obtained by Tenant in compliance with this insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written City of National City 13 Lease Agreement Cingular # SS-030-01 Sweetwater Heights Park evidence of payment of required premiums shall be filled and maintained with Landlord annually during the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. i. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: J. "At least sixty (60) days prior written notice shall he given to Landlord by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Lease." Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approved list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A- VII or better by A.M. Best Company. k. Deductibles. All insurance policies may be written with deductibles not to exceed $50,000 unless approved in advance by Landlord. Tenant agrees to indemnify and save harmless Landlord, the indemnitees and Additional Insured from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by this Lease. 1. Contractors. Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises to carry, in full force and effect, Workers' Compensation, comprehensive public liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Landlord may review the insurance coverages to be carried by Tenant. If landlord determines that higher Limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. 22. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Leased Premises herein will not generate any hazardous substance, and it will not store or dispose on the Leased Premises nor transport to or over the Building any hazardous substance. Tenant shall be allowed to store on site the number of batteries as shown on the plans approved pursuant to CUP 2004-3. The batteries shown on the plans are to be used for emergency backup power. No additional batteries may be stored on the site without the prior written approval of Landlord. Tenant further agrees to defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents and contractors from, and remediate the property from, any release of City of National City Cingular # SS-030-01 14 Lease Agreement Sweetwater Heights Park any such hazardous substance by Tenant or anyone acting on behalf of Tenant, and any damage, loss or expense or liability resulting from such release by Tenant or anyone acting on behalf of Tenant, including all attorney's fees, costs and penalties incurred as a result thereof, except any release caused by the negligence of Landlord, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations, or rules may be amended from time to time; and shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 23. Electric Magnetic Field (EMF) Indemnification. Tenant shall comply with all present and future laws, orders, and regulations relating to Electromagnetic Fields (EMFs"), and the American National Standard Institute (ANSI) standards. Tenant, on behalf of itself and its successors and assigns, shall defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents and contractors from and against all claims of injuries due to EMFs to the extend such personal injuries are asserted to be caused by Lessee's Antenna Facilities on the Leased Premises, with Tenant's obligation to include payment of Lessor's reasonable attorney fees and costs. Landlord and Tenant shall mutually select the attorney to defend against all such claims. 24. Cathodic, Interference Protection. Tenant has been advised and understands and agrees not to create any interference of any kind with the City's signals and further agrees to immediately correct any interference that may result from Tenant's equipment or to immediately cease all operations of Tenant's equipment until non-interference with the City's signals have has been obtained to the' satisfaction of the City Manager or his designee. 25. Holding Over. Any holding over after the expiration of the term hereof, with the consent of Landlord, shall be construed to be tenancy from month to month at two times the rent herein specified (prorated on a monthly basis) and shall otherwise be under the conditions specified in this lease agreement, so far as applicable. 26. Subordination to Mortgage. Any mortgage now or subsequently placed upon any properties of which the Leased Premises is a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination. 27. Signing Deposit. With the execution of this Lease, Tenant shall pay Landlord the non- refundable sum of $2,000 as a signing deposit to guarantee Tenant's faithful performance, in lieu of a security deposit. Receipt by Landlord of the signing deposit shall not bar Landlord from pursuing its remedies under Section 15 if Tenant defaults in its obligation and duties under this lease. City of National City 15 Lease Agreement Cingular # SS-030-01 Sweetwater Heights Park 28. Acceptance of Premises. By taking possession of the Leased Premises, Tenant accepts the Leased Premises in the condition existing as of the Commencement date. Landlord makes no representations or warranty as to the condition of the Leased Premises, and Landlord shall not be liable for any latent or patent defect in the Leased Premises, except as otherwise stated herein. 29. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than ten (10) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force; (b) the dates to which rent and other charges have been paid; (c) for as the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Landlord may reasonably request. 30. Notices. All notices, request, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses; If to Landlord, to: City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 With a copy to: If to Tenant: With a copy to: 31. Assignment. Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 c/o Cingular Wireless LLC Attn: Network Real Estate Administration Re: Cell Site #SS-030-01; Cell Site Name: Sweetwater Heights Park 6100 Atlantic Boulevard Norcross, Georgia 30071 Cingular Wireless LLC Attn: Legal Department Re: Cell Site #SS-030-01; Cell Site Name: Sweetwater Heights Park 15 E Midland Avenue Paramus, New Jersey 07652 City of National City Cingular # SS-030-01 16 Lease Agreement Sweetwater Heights Park a. Tenant may not assign this Lease or sublease the Leased Premises at any time without Landlord's consent. b. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity that may be in competition with Tenant, or any other party. 32. Successors and Assigns. This lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 33. Recordation. This Lease may be recorded by either party hereto. 34. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modifications of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of California. d. If any term of this Lease is found to be void or invalid, such invalidity shall not effect the remaining terms of this Lease, which shall continue in full force and effect. 35. Quiet Possession. The Landlord hereby warrants and represents that there are no liens, encumbrance or exceptions to property title as of the date of this lease that would interfere with Tenant's rights hereunder and that Landlord has the legal right and title to enter into this Lease. 36. Fixtures. Landlord agrees that no part of the improvements constructed, erected or placed by Tenant on the Leased premises shall be or become, or be considered as being, affixed to, or part of Landlord's real property, and any and all provisions and principles of law to the contrary not withstanding, it being the specific intention of Landlord to covenant and agree that all improvements of every kind and nature constructed, erected, or placed by Tenant on the Premises, shall be and remain the property of the Tenant. 37. Environmental Conditions. Landlord hereby makes the following representation and warranties to Tenant, for the benefit of Tenant. a. Landlord is not aware of, and has not received notice of, the disposal or release or presence of hazardous substances, as defined under federal and state law, on the City of National City 17 Cingular # SS-030-01 Lease Agreement Sweetwater Heights Park Leased Premises, the license for access granted herein, the Encroachment Permit for utilities, or the Landlord's Property. b. If during the term of this Lease or any extension thereof, it is determined that the Leased Premises, the license for access, the Encroachment Permit for utilities, or Landlord's Property is contaminated with Hazardous Substances, Tenant shall have the right, in addition to other rights and remedies, to terminate this Lease upon thirty (30) days' written notice to Landlord. This lease was executed as of the date first set forth above. -Signature Page to Follow - City of National City Cingular # SS-030-01 18 Lease Agreement Sweetwater Heights Park LANDLORD TENANT CITY OF NATIONAL CITY New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company By: By: Nick Inzunza Title: Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Name.' Scott Sutherland Title: Manager, Real Estate & Construction Date: City of National City 19 Lease Agreement Cingular # SS-030-01 Sweetwater Heights Park EE�wpTER RD y SWEETWATER . • TOWN & COUNTRY te` G MAR C\.i EXHIBIT A LOCATION MAP ,i,r V N CH 00 �✓ 9.' Gel BON TA a) � O ' IMAMS t CTR L. a' �• ," o<rs \« OR i OTr _,\,`OSS- .ow0o0 ti ;^ 2B00 biz I EWPO INT 3aDo LYNNW=D DR' Sp 20 EXHIBIT B LEGAL DESCRIPTION All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Quarter Section 100 of Rancho De La Nacion, in the County of San Diego, State of California, according to Map thereof No. 166, filed in the v ripe ur LI ie County Reorder ov5an uieyo c.,ounLy, aescnoeo as roiLows: Beginning at the intersection of the East line of said Quarter Section 100 with the centerline of the 50.00 foot strip over which an easement for road purposes was reserved by the San Diego Land Corporation, in Deed recorded in Book 806, Page 70 of Deeds, records of said County said point of intersection being North 18°34'00" West (record North 19°00'00" West) 461.60 feet from the Southeasterly corner of the Northeasterly Quarter of said Quarter Section 100; thence along the centerline of said 50.00 foot strip, the following courses and distances; Southwesterly along the arc of a curve, concave Southeasterly, having ra�ius of 1160.00 feel through d cenu ai angle of 21'43.00- a distal rce ur 440.35 feet (record 440.30 feet) to the beginning of a reverse.curve, concave Northwesterly, having a radius of 1160.00 feet, Southwesterly along the arc of said last mentioned curve through a central angle of 18°38'32" a distance of 377.43 feet to the True Point of Beginning; thence continuing Southwesterly along said centerline 205.65 feet and South 45°59'00" West (record South 45°33'00" West) 217.32 feet to a point on the Southwesterly line of the land described in Deed to Alice Trubee Sallmon, recorded in Book 806, Page 70 of Deeds, records of said County; thence along said Southwesterly line, South 51°34'00" East (record South 52°00'00" East) 12.53 feet to the Northwest corner of the land conveyed to Casa Peoples and Pauline Ora Peoples, by Deed recorded in Book 401, Page 7 of Official Records of said County; thence along the boundary of said Peoples' Land, South 68°34'00" East (record South 69°00'00" East) 200.00 feet and North 53°59'10" East, 487.65 feet (record North 53°22'00" East, 488.30 feet, more or less) to the Northeast corner of said Peoples Land; thence North 72°56'06" West, 292.31 feet to a line which bears South 54°10'28" East, 25.00 feet radially from the True Point of Beginning; thence North 54°10'28" West, 25.00 feet to the True Point of Beginning. 2! • EXHIBIT C SITE PLANS ATTACHED 22 } COOK EDI POKLID VJOYN( SODAS 10 WU/ REAMS ti SOUTH ELEVATION r.�r DiM YOWFO O SE 101I0111 Rr s ROOM RENO MO EAST ELEVATION PIM= - 10 .R0l1ooni1 IRPOOD P TYR Ma iDER MIS w awe OMR AMR (FIT. > A INMRD IY-f .10-r LWIWO Cp11AOBR pl W Iq DAOAi FPb 1111.1.919 crow IIBA fl Sr, . Or, mlRwla ..Of DMOSIVI'M I= A COMMA MOR IODOYRNCRUPWR DEER .,.IMT 10 R Amuse ID Rr 11Dxsr[ MUMS 1O1VK1011 ROOKS 01111.1. DRrM rR[ nQ- L m�PIROD9 n-D DaARPRAT mow If. D¢ DRAM) • ISOOP 1R3 MOW, Rap 100'i rra MAROO R.R.O OASIFC RAI NCR ifff _ogAREL & PREPARED FOR x cingular- WIRELESS 6925 LOSR 0001(0ARO 5AR DIEOO, CA 92121 22 APPROVALS E. y1 cm cMID m art InL ItpMLIpX Dm o.xp Amwr Mrz PROJECT RAW SWEETWATER HEIGHTS PARK PROJECT ROMDER SS-030-01 SSW '9' CAOLE STREET RAROHM p1Y. CA 91950 51R pM00 COOMY El 011A1D110 DATES 01/1./03 m O RN[. O. (0/1)/AS RDA ID ADIR 1.11 a/D/N Mao IW MI../ Mro./M pay u lax. 6..1 II PAP) M/13M O OIMIlt n./ niot co ay. ) M//xues O.eO now 1wis/es ..1 SHEET TOLE EXTERIOR ELEVATIONS I: IOIILR4s,RDISOI✓IOID1W.AT I: A-4 - �'-- MOON wMYS wLYAIFD TO MM NMA9C yvi ; INIM NORTH ELEVATION aer.Nr DEMO PML 96 MOO WEST ELEVATION 9aer•MR POMO.* LIONS. MOM 9.1 MON NE APRON. M - MIS... of �L —DARNS AMMUID ONONAI M MALT Mown ARIO6 _ MONO wflo.Ia 9DDcam E Y 1b MC idonoMAN PROW 1ri . fE, MOM. MOLL. MADAM MM911aT NOV= U11NI:MME *MO. A IqO CE1N0 ORONO 111'4 I fl 0.110.19 BMtlAnr CAT (/ICII wb IM9 MINA. MUM MAD PIC 1N2 (MDR) CEIYC IR[ lir 99 PREPARED TOP cingular- WIIEL[99 6915 LOSS 9WIEVARD SAN DIEGO, EA 91111 APPROVALS MIK Mrt COMMUCTMR art DATE PROJECT NAME SWEETWATER HEIGHTS PARK PROJECT NUMBER SS-030-01 5959 b' CAGLE STREET NATIONAL CRT. CA 91950 SAN DEGO COUNTY a DRAWING DATES 14/03 MO. TO AMEN N+) /1O/N TNW N aw0 I-1 A/23/0 NON® TO OMEN f,.•) 91/a/N 1091 a MOM (.•.) Oln1/99 MIMI Di WV. N^) 9./11/24 20 IMAM( N..) 0.1/19/02 FINAL CO 9r1v I+•1 06y/95 11909 A401 A 05 0 a EXTERIOR ELEVATIONS a 12002219.M10100,020190A091042.01,0 a A-3 oortDOLO . e-� • 41i ANTENNA PLAN MD MAOIOM KEY® NOTES 2D1,:Y.: •. r R' 2Ln OMROI'NO aaA v •'=TG.:.1pTWOw asp 01•YI1 Rua. ® ROOo VW MWI ® IR= !•ti' MN ROOK t IR'a Dana YDIDPO Mama M.-R VW O RM MOM CORM VOLT ROM ®MORRO MNAI M=O. MOM. A TO MO! MC IMM M OWL MO WARM M MN MM. O May f�IK 1016 MMR.Iy „M 00000 R CO MMMN1 00MM MOM OM Off POMO VC MR_ MOMS MOO (110CL to 1MI00 I1C IJO 1M am seas MIM MONO MOM wE 000 PW'a .Matt DIM 10 WIM DM'AM RAMO DOOM arm ENLARGED SITE PLAN tAOlM A IRT19R OORIF IOP9f TCTM 190,9 01.A1t*WC BOW MOP WOFVM WOO CON DWCt[ ROW CORM— VM 0 ORM 00/000 FOR VOL ZCOOS 09011.OW VW NYFIMC ® m -AM VOL® POO1C1MIM SWORD R 010110000119 AHFO 90000 MOO OOMO LPL 9 Car wawa 6MOM/ LK MOM) 4, DRAM me as • 41, 4 Rt4. MII,uPE * AO Arm MIUH ® MPMLRI® MRYItC�OMM me woo ZMOO YAM. MM tN MOM NM P OMO WOO. MA N AI10 MOO 19000 ION MOO ®OYIIM Yy' I6t 10.4E RI t PPM. Pam M9D..O OVAL t ROOM 10 MA mono ® MM MMMM FMML Dtl RM swam ¢ADM, or away LOM pM ttY.YAC 9900902 ZMMC MOM M MOM MOM OM MOM OMW MOO MOO VOMPFt 10100 MM. 4444 ID 44 If maw MMM SOLO PREPARED FOR cingular- 6925 LUS0 900LLVARO SAM SEGO. CA 92121 APPROVALS trz Temoo t rz O AR ACOI—Ica WR WIC, APAQI4 PROJECT NAME SWEE WATER HEIGHTS PARK PROJECT HUMIER SS-030-01 5R59 '9' CAGLE STREET NATIONAL CRT. CA 91950 SAH 01E00 COO9I0 DRAWING DATES t/I./0 I11PM 10 Moor (r.I) yI,/r P.AAL Wan Oa) type 0000 OM 0 1.1 96/-4/01 MOO t raw 0.4 OW./1 Y Ow) (m) 01/0/01 1M01 OWL CO (mi ENLARGED SITE PLAN ANTENNA PLAN O MOEVISV00'09O00,103ICAI MM 0 A-1 SITE PLAN tll1•.!I Mau,. N10616 IBIYYPfJRM 1NWJ 66611 110116IOOO NO NNW IMON QFr — WO OM NM-11W 1M1 6w MOH 1W MON RV MOO Y.W11K N1 /MST DOWN •1 FO MVO MOW 6 NA06Wli C N66 WAN fOOOHN OON ♦ WMG NINON ON M7•6611. pi9pla • A ;N T 1% NNNt W MCI NINS NW KUL • PREPARED G0R x cingular- WIRELESS 6915 WSE RONFVARO 59N MOO. CA 91111 F APPROVALS yaws ANA GONaYCINm wrt art'cows.. oul OwNO AHNOTN Dole TS PROJECT NANE SWEETWATER HEIGHTS PARK PROJECT NUu9LP SS-030-01 J659 19. GOLF STREET NATIONAL (ITT. CA 91050 SAN 01E00 COUNTY S DRAWING OATES N/1y91 Now m Ram (.a) PI/IG/m IwY m Ilcrer (N) ary3/05 a:® Iw m (...) 11./Y/51 MOW ea IM. P.,.) NOVAS KONO NH HOOK 660 w/11/111 m 1901Tt (..) 0/15/61 IMK CO NMI Or) OM/0 moues ma. m (...) SHEET T. STYE PLAN T: M4NCTS*PJ.AASPMd16m1a4RNK R A-0 EXHIBIT D PLANNING DEPARTMENT RESOLUTION ATTACHED 25 FROM : PHONE NO. : 619 2222160 Jul. 07 2005 12:05PM P5 07/07/2905 09: ,58 758' 354913 f .ANLU !'Nt,t VI City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST . DIRECTOR Cingular Wireless Cfo: Shelly Kilbourn 302 State Place r.. _.cam_ re ,VtrV,0 June 30, 2005 Subject Conditional Use Permit for a Wireless Communications .Facility at 3820 Cagle Street, National City, CA 91950 Dear Shelly, This letter is to inform you that based out photo simulations and associated materials you submitted May 26, 2005, the Planning Doparm.ent has determined the proposed facility to be in substantial conformance with CUP-2004.3 for an existing Wireless communications facility at this site. Thus, a Conditional Use Permit is not required. However, there will be stipulations as follows: 1, The facility shall conform with the Conditions of Approval for CUP-2004.3 (see attached Resolution). 2. 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 plan should indicate that the proposed landscaping t catches existing development as closely as possible. It should be included with the materials submitted for a building permit. 3. The original monopine and footing shall be removed completely and the area landscaped. 4. All associated equipment for the proposed facility shall be placed underground including tele omrnunications equipment. 5. A lease agreanont shall be negotiated with the City to the satisfaction of the City Attotttey for the area of the underground equipment shelter. 0.....,..1•-1 r...,. FROM : PHONE NO. : 619 2222160 07/07/2005 O9:58 76O735491J Jul. 07 2005 12:05PM P6 The plans andespecially the photo simulations you submitted were instrumental in helping us make this decision. Thank you. If you have any questions please call me at (619) 336-4315. Sincerely, MARTIN REEDER p ; Teeltnicien Attaohint:Zs: Planning Commission Resolution 1 O-1004 Cc: George Eller, City Attorney Steve Kirkpatrick, City Engineer RESOLUTION 10-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN SWEETWATER HEIGHTS CENTENNIAL PARK AT 3820 CAGLE STREET APPLICANT: CINGULAR WIRELESS ( k T I F NO ('TTP 7Cnn �. WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility in Sweetwater Heights Centennial Park at 3820 Cagle Street at a duly advertised public hearing held on March 15, 2004 and continued to the- meeting of April 5, 2004, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CUP-2004-3, which is maintained by the City and incorporated herein by refer .uk-L: aiune, wiul zviu ,., aliu Jaiu ai CIl♦i g; WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of'the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 15, 2004 and continued to April 5, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small lease area (420 square feet) will have little effect on use of the 2.35 acre park. 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 unmanned wireless communications facility, requires only one to two visits each month for routine maintenance. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 55-foot monopine, the only portion of the project that is above ground, will adequately screen the twelve panel antennas, and since some screening is provided by existing mature trees in the park. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the new facility will improve the performance of the Cingular Wireless wireless communications network, resulting in enhanced service for it's customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. iron Culiuitiunal UJ[. . .,11i,it i Lahu.i..., a .aellitj u: Sweetwater Heights Centennial Park. 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. CUP-2004-3, dated 3/24/2004. 2. 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. 3. The applicant shall obtain an approved lease agreement with the City of National City before any construction of the wireless facilities within the park. 4. No Fire Department access shall be blocked at any time. 5. The monopine and the exterior walls of any exposed equipment, to a height of not less than six feet, shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 6. 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. 7. All park property, including landscaping, paving, etc., damaged during construction, installation and maintenance of the wireless communications facility shall be replaced by the applicant. 8. All existing irrigation shall be moved or re-routed so that coverage to the existing lawn can be maintained during and after construction. 9. The proposed antennas shall be painted to match the color of the monopine needles. 10. The monopine needles shall be of appropriate size and number to adequately screen the proposed antennas. 11. The perinittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no • • way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 12. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 13. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. 14. Service vehicles used in conjunction with the wireless facility shall be prohibited from driving on park property. All vehicles shall utilize public streets for access and parking. 15. HVAC ducting vents shall be designed in such a way as to ensure debris cannot be purposefully placed inside them. 16. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. 7. iiis peniiit shall uiid void if ,erci,,,d within one cox after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the National City Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, -appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 19, 2004, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, GRAHAM NAYS: ABSENT: MARTINELLI , REYNOLDS ABSTAIN: MEETING DATE August 2, 2005 City of National City, California COUNCIL AGENDA STATEMENT 15 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute an Agreement with the Unified Port of San Diego on a Reimbursable Basis Not to Exceed $22,500 for a Musical Concert Program to be Held at Pepper Park on Port of San Diego Property PREPARED BY DEPARTMENT Leslie Deese_ Community Services EXPLANATION Phone: (619) 336-4242 This item authorizes National City to enter into an Agreement with the San Diego Unified Port District for a musical concert program to be held at Pepper Park on September 10, 2005 on a reimbursable basis not to exceed $22,500. This year's concert program will include select musical performances by "NovaMenco" one of the world's best new flamenco bands, "Obsesion Latina" San Diego's hottest Latin jazz ensembles, and National City's own much -loved "Community Concert Band". Community Services staff will work with the performers and the San Diego Unified Port District to coordinate the event. Environmental Review X N/A Financial Statement $22,500 will be funded by the Port of San Diego. National City supported activities of approximately $2,000 will be funded from Non -Departmental Governmental Purposes. Account No. 001-409-000-21 STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Port District Agreement 2. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2005 —162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT ON A REIMBURSABLE BASIS NOT TO EXCEED $22,500 FOR A MUSICAL CONCERT PROGRAM TO BE HELD AT PEPPER PARK WHEREAS, the City desires the use of Pepper Park for a musical concert program to be held on September 10, 2005. 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 of National City an Agreement on a reimbursable basis not to exceed $22,500 with the Unified Port District of San Diego for a musical concert program to be held at Pepper Park on September 10, 2005. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this :2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ThR A Fr AGREEMENT The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District) and [INSERT NAME OF COMPANY], [insert type of business entity and state of registration if applicable] (*Consultant/Service Provider). Recitals: The District desires to enter into an Agreement with * for [insert text]. The Parties Agree: 1. TERM OF AGREEMENT: This Agreement shall commence upon and shall terminate on subject to earlier termination as provided below. 2. SCOPE OF SERVICES: * shall perform services for District in accordance with this Agreement and the Scope of Professional Services, dated , attached hereto as Exhibit _ and by this reference made a part hereof. * shall perform and complete the required services in said Scope of Professional Services within the dates set forth in said scope. * shall keep the of the District or his designated representative informed of the progress of said services at all times. * expressly agrees that all documents prepared under its direction, pursuant to this Agreement have been thoroughly reviewed and checked for, among other things, integration with all other documents, consistency, thoroughness, clarity, and cohesiveness. 3. PAYMENT TERMS: For performance of services rendered pursuant to this Agreement, District will pay * a fee based on the following, subject to the limitation of the maximum expenditure provided herein: a. [Refer to Appendix F of the Manual for appropriate payment terms.] DOCS #22753 REV. 08/18/03 Page 1 of b. Payment Documentation. Each month, as a prerequisite to payment for services, * shall invoice District for services performed and for reimbursable expenses authorized by this Agreement and incurred in the prior month, accompanied by such records and receipts as required, including progress reports as described in subparagraph (c) below. If payments are based on established milestones, then * shall invoice as each milestone is completed, but not more often than once a month. * shall submit one (1) original and one (1) copy of each statement for payment in the format and containing the information specified in Exhibit _ including the certification as follows: "I certify under penalty of perjury that the above statement is just and correct according to the terms of Document No. , and that payment has not been received." c. Progress Documentation. * shall provide District progress reports in a format and on a schedule as directs. Progress reports shall include a description of work completed, cumulative dollar costs incurred, anticipated work for the next reporting period, percentage of work complete, and the expected completion date for remaining work. The report shall identify problem areas and important issues that may affect project cost and/or schedule. The report shall present actual percent completion versus planned percent completion. d. Maximum Fee and Invoices. The maximum expenditure under this agreement shall not exceed ($). Said expenditure shall include without limitation all sums, charges, reimbursements, costs and expenses provided for herein. * shall not be required to perform further services after said sum has been expended. * shall reference the document number of this agreement on invoices. * shall submit all invoices within 30 days of completion of work represented by the request and within 60 days of incurring costs to be reimbursed DOCS #22753 REV. 08/18/03 Page 2 of under the agreement. * shall include all back-up documentation for requested reimbursables with the invoices. [Or expenses are to be authorized separately, paragraph should read as follows.] Maximum Fee and Invoices. The maximum fee expenditure under this agreement shall not exceed ($), the maximum approved expense expenditure shall not exceed ($), for a total maximum expenditure not to exceed ($). Said maximum expenditure shall include without limitation all sums, charges, reimbursements, costs and expenses provided fore herein. * shall not be required to perform further services after said sum has been expended. * shall reference the document number of the agreement of invoices. * shall submit all invoices within 30 days of completion of work represented by the request and within 60 days of incurring costs to be reimbursed under the agreement. * shall include all back-up documentation for requested reimbursables with the invoices. 4. *'S RECORDS: In accordance with generally accepted accounting principles, * shall maintain full and complete records of the cost of services performed under this Agreement. Such records shall be open to inspection of the District at all reasonable times in the City of San Diego and such records shall be kept for at least three years after the termination of this Agreement. Such records shall be maintained by * for a period of three (3) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. * understands and agrees that District, at all times under this Agreement, has the right to review project documents and work in progress and to audit financial records, whether or not final, which * or anyone else associated with the work has prepared or DOGS #22753 REV. 08/18/03 Page 3 of which relate to the work which * is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. * shall provide District at *'s expense a copy of all such records within five (5) working days of a written request by District. District's right shall also include inspection at reasonable times of the *'s office or facilities which are engaged in the performance of services pursuant to this Agreement. * shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. *'s failure to provide the records within the time requested shall preclude * from receiving any payments due under this Agreement until such documents are provided. 5. SUBCONSULTANTS: It is agreed it may be necessary for * to subcontract for the performance of certain technical services or other services for * to perform and complete the required services; provided, however, all subconsultants [other than those cited in (a) through ( ) below] shall be subject to prior written approval by the District. The * shall remain responsible to the District for any and all services and obligations required under this Agreement, whether performed by * or its subconsultants. * shall pay each subconsultant in the time periods required by law. Any subconsultants employed by* shall be independent contractors and not agents of the District. * shall insure that its subconsultants satisfy all substantive requirements for the work set forth by this Agreement, including insurance and indemnification. a. It is agreed that for will provide professional services It is agreed that for will provide professional services * shall also include a clause in its Agreements with subconsultants which reserves the right, during the performance of this Agreement and for a period of three years following termination of this Agreement, for a District representative to audit any cost, payment or settlement resulting from any items set forth in this Agreement. This clause shall also require subconsultants to retain all necessary records for three years. DOCS #22753 REV. 08/18/03 Page 4 of 6. *'S COMPLIANCE: In performance of this Agreement, Consultant and Sub- Consultant shall comply with the California Fair Employment and Housing Act and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of race, color, national origin, sexual orientation, religion, age or sex or handicap. Service Provider shall comply with provisions or handicap, including but not limited to the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. 7. INDEPENDENT ANALYSIS: * shall provide the services required by this Agreement and arrive at conclusions with respect to the rendition of information, advice or recommendations, independent of the control and direction of the District, other than normal contract monitoring provided, however, * shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 8. ASSIGNMENT: This is a professional services Agreement between the parties and * shall not assign or transfer voluntarily or involuntarily any of its rights, duties, or obligations under this Agreement without the express written consent of Executive Director (President/CEO) of District in each instance. 9. INDEMNIFICATION: a. Indemnification for Non -Professional Services: To the fullest extent provided by law with respect to all liability except liability for Professional Services, covered under Section 9(b), the ***** agrees to defend, indemnify, protect and hold harmless the District, its agents, officers and employees, from and against any claim, demand, action, proceeding, suit or liability for damages, costs (including reasonable attorneys' fees) or expenses for damages to property or the loss of use thereof or injuries or death to any person (including ****'s employees), caused by, arising out of or related to the performance of, *** as provided in the Scope of DOCS #22753 REV. 08/18/03 Page 5 of DOGS #22753 REV. 08/18/03 Professional Services, or failure to act by ***, its officers, agents, subcontractors and employees. The ***'s duty to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the active negligence, sole negligence or willful misconduct of the District, its agents, officers, or employees. The ***further agrees that the indemnification, including the duty to defend the District, requires the *** to pay reasonable attorneys' fees and costs the District incurs that are associated with enforcing the indemnification provision, and defending any claims, demands, or liabilities arising from the services of the *** performed pursuant to this agreement. The District may, at its own election, conduct its defense, or participate in the defense of any claim demand related in any way to the agreement. If the District chooses as its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any claim, demand or liability related to s Scope of Professional Services, the*** agrees to pay the reasonable value of attorneys' fees and all of the District's costs. Indemnification for Professional Services: To the fullest extent provided by law, the *** agrees to defend, indemnify, protect and hold harmless the District, its agents, officers and employees from and against any and all claims, demands, liability for any damages, costs (including reasonable attorneys' fees and costs), or expenses, arising from the actions or omissions of the *** as provided in the Scope of Professional Services. The ***'s duty to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the active negligence, sole negligence or willful misconduct of the District, its agents, officers, or employees. The *** further agrees that the indemnification, including the duty to defend the District, requires the *** to pay reasonable attorneys' fees and costs the District incurs that are associated with enforcing the Page 6 of indemnification provision, and defending any claims, demands, or liabilities arising from the services of the *** performed pursuant to this agreement. The District may, at its own election, conduct its defense, or participate in the defense of any claim or demand related in any way to the agreement. If the District chooses as its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any claim, demand or liability related to the Scope of Professional Services, the *** agrees to pay the reasonable value of attorneys' fees and all of the District's costs associated with its defense. 10. INSURANCE REQUIREMENTS: * shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance: a. Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, and Products/Completed Operations coverages written on "occurrence," not "claims made" basis): $2,000,000 Combined Single Limit. 1. The deductible or self -insured retention on this Commercial General Liability shall not exceed $5,000 unless District has approved of a higher deductible or self -insured retention in writing. 2. The Commercial General Liability policy shall be endorsed to include the District, its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached. 3. The coverage provided to the District, as an additional insured, shall be primary. b. Commercial Automobile Liability for Owned, Non -Owned, or Hired Automobiles written on "occurrence" basis: $1,000,000 combined single limit for bodily injury and property damage. DOCS #22753 REV. 08/18/03 Page 7 of c. Worker's Compensation in statutory required limits and Employer's Liability in an amount of not less than $1,000,000. This policy shall be endorsed to include a waiver of subrogation endorsement. d. If professional services are provided to District under this agreement, Professional Liability Insurance in the amount of $1,000,000 per claim and $1,000,000 aggregate. 1 At the end of the contract period, * shall maintain, at its own expense, continued Professional Liability Insurance for a period of not less than five (5) years, in an amount not less that the amount required pursuant to this agreement. 2. Alternately, if the existing Professional Liability Insurance is terminated during the above referenced five-year period, Contractor shall maintain at its own expense, "tail" coverage in the same minimum amount as set forth in this paragraph. All coverages under this section shall be effective as of the effective date of this Agreement or provide for a retroactive date of placement that coincides with the effective date of this agreement. * shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this agreement and upon renewal of any of these policies. A Certificate of Insurance in the form acceptable to the District, an exemplar Certificate of Insurance is attached hereto as Exhibit " and made a part hereof, evidencing the existence of the necessary insurance policies and endorsements required shall be kept on file with the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. Consultant shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the fact of the certificate or on an attachment thereto. If an addendum setting DOCS #22753 REV. 08/18/03 Page 8 of forth multiple insurance companies or underwriters is attached to the certificate of insurance, the addendum shall indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage. Special Instructions: A Certificate of Insurance in a form acceptable to the District, an exemplar of which is attached, evidencing the existence of the required insurance policies and original endorsements effecting coverage required shall be kept on file with the District. Mail the Certificate and Endorsements to: Audit & Risk Management Services San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on * or its subconsultants or sub-subconsultants. District shall reserve the right to obtain complete copies of any of the insurance policies required herein. 11. ACCURACY OF SERVICES: * shall be responsible for the technical accuracy of its services and documents resulting therefrom and District shall not be responsible for discovering deficiencies therein. * shall correct such deficiencies without additional compensation. Furthermore, *,expressly agrees to reimburse District for any costs incurred as a result of such deficiencies. * shall make decisions and carry out its responsibilities hereunder in a timely manner and shall bear all costs incident thereto so as not to delay the District, the project, or any other person related to the project, including the General Contractor or its agents, employees, or subcontractors. 12. INDEPENDENT CONTRACTOR: * and any agent or employee of * shall act in an independent capacity and not as officers or employees of District. The District assumes no liability for the *'s actions and DOCS #22753 REV. 08/18/03 Page 9 of performance, nor assumes responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the *. * shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. * acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. * disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 13. ADVICE OF COUNSEL: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. 14. INDEPENDENT REVIEW: Each party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent or attorney of any other party. 15. INTEGRATION AND MODIFICATION: This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the parties. No modifications, amendment or DOCS #22753 REV. 08/18/03 Page 10 of alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 16. OWNERSHIP RECORDS: Any and all materials and documents, including without limitation drawings, specifications, computations, designs, plans, investigations and reports, prepared by * pursuant to this Agreement, shall be the property of District from the moment of their preparation and the * shall deliver such materials and documents to District at the District administrative office building whenever requested to do so by District. However, * shall have the right to make duplicate copies of such materials and documents for its own file, or other purposes as may be expressly authorized in writing by District. Said materials and documents prepared or acquired by * pursuant to this Agreement (including any duplicate copies kept by the *) shall not be shown to any other public or private person or entity, except as authorized by District. * shall not disclose to any other public or private person or entity any information regarding the activities of District, except as expressly authorized in writing by District. 17. TERMINATION: In addition to any other rights and remedies allowed by law, the Executive Director (President/CEO) of District may terminate this Agreement at any time with or without cause by giving 30 days written notice to * of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall at the option of District be delivered by * to District at the District administration office building. Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee or claim hereunder by * other than the fee earned for services which were performed prior to termination but not yet paid. Said fee shall be calculated and based on the schedule as provided in this Agreement. DOCS #22753 REV. OB/18/03 Page 11 of 18. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other procedures as may be agreed, and if such dispute is not otherwise time barred, the parties agree to first try in good faith to settle the dispute amicably by mediation administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any such dispute must be filed in writing with the other party within a reasonable time after the dispute has arisen. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved by arbitration administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non -binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, subconsultants and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. The foregoing mediation and arbitration procedures notwithstanding, all claim filing requirements of the Agreement documents, the California Government Code, and otherwise, shall remain in full force and effect regardless of whether or not such dispute avoidance and resolution procedures have been implemented, and the time periods within which claims are to be filed or presented to the District Clerk as required by said Agreement, Government Code, and otherwise, shall not be waived, extended or tolled DOCS #22753 REV. 08/18/03 Page 12 of thereby. if a claim is not timely filed or presented, such claim shall be time barred and the above dispute avoidance and resolution procedures, whether or not implemented or then pending, shall likewise be time barred as to such claims. 19. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the *, made an exhaustive inspection to check the quality or quantity of the services performed by the *, made an examination to ascertain how or for what purpose the * has used money previously paid on account by the District, or constitute a waiver of claims against the * by the District. The District may in its sole discretion withhold payments or seek reimbursement from the * for expenses, miscellaneous charges, or other liabilities or increased costs incurred or anticipated by the District which are the fault of or as result of work performed or negligent conduct by or on behalf of the *. Upon five day written notice to the *, the District shall have the right to estimate the amount of expenses, miscellaneous charges, or other liabilities or increased costs and to cause the * to pay the same; and the amount due the * under this Agreement or the whole or so much of the money due or to become due to the * under this Agreement as may be considered reasonably necessary by the District shall be retained by the District until such expenses, miscellaneous charges, or other liabilities or increased costs shall have been corrected or otherwise disposed of by the * at no expense to. the District. If such expenses, miscellaneous charges, or other liabilities or increased costs are not corrected or otherwise disposed of at no expense to the District prior to completion date of the Agreement, the District is authorized to pay for such expenses, miscellaneous charges, or other liabilities or increased costs from the amounts retained as outlined above or to seek reimbursement of same from the *. it is the express intent of the parties to this Agreement to protect the District from loss because of conduct by or on behalf of the *. DOCS #22753 REV. 08/18/03 Page 13 of 20. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 21. EXECUTIVE DIRECTOR'S SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by either the Executive Director (President/CEO) or authorized designee on behalf of the District and by the other party. DATED: , 20 . PORT ATTORNEY SAN DIEGO UNIFIED PORT DISTRICT By: By: By: DOCS #22753 REV. 08/18/03 Page 14 of City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 AGENDA ITEM NO. 16 ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Pierce Manufacturing, Inc., and authorizing the purchase of one Triple Combination Fire Truck Pumper for the Fire Department, in the amount of $359,999.22 to be paid via a 5-year lease/purchase agreement. PREPARED BY DEPARTMENT Brenda E. Hodges, C.P.M.Purchasing Dept. EXPLANATION (619)336-4570 See attached Environmental Review _X_ _ N/A Financial Statement See attached Approved By: See attached Finance !;, ctor Account No. STAFF RECOMMENDATION In concurrence with the Fire and Finance Departments, the Purchasing Agent recommends that the award be made to Pierce Manufacturing Inc., and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below) Resolution No. 1) Explanation 3) 6/6/05 memo from Pierce Mfg (2 pages) 2) City of LA PO #423046 4) Resolution A-200 (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 seven (7) of these fire truck/pumpers. Pierce Manufacturing, Inc., is 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. We are able to deduct these items and their associated costs. The Los Angeles award was made for $358,530.00 each. Net deductions amount to-$11,061 each. Our unit price would be $347,469,00. Subtract a prepayment discount of $13,363.00, and add sales tax of $25,893.00, for a total purchase price of $359,999.22. 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. The annual principal and interest payments on this lease/purchase will be $78,452.40. $72,000 in CDBG funds was authorized for the first annual payment (principal only), from account #301-412-125-519-0000. The remaining $6452.88 will come from account #001-412-125-519-0000. 2. See related agenda item from Finance Director regarding the lease/purchase financing agreement. 3. Accounts: #301-412-125-519-0000 $72,000.00 CDBG #001-412-125-519-0000 $6452.88 Departmental Funds RESOLUTION NO. 2005 — 163 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 FIRE TRUCK PUMPER FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $359,999.22 TO BE PAID VIA A FIVE-YEAR LEASE/PURCHASE AGREEMENT WHEREAS, Section 2.60.260 of the Municipal Code authorizes the purchasing agent to join with other public jurisdictions in cooperative purchasing plans; and WHEREAS, 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 seven (7) triple combination fire truck pumpers, the purchasing agent has recommended the purchase of one (1) triple combination fire truck pumper from Pierce Manufacturing, Inc. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for one triple combination fire truck pumper for the Fire Department to the lowest responsive bidder, to wit: PIERCE MANUFACTURING, INC. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Purchasing Agent to execute on behalf of the City a purchase order between Pierce Manufacturing, Inc. and the City of National City for the purchase of one triple combination fire truck pumper for the Fire Department in the amount of $359,999.22. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney •VV LVVu !vvn111 I ILIIVL 1II U• V11LLV P.I. S'Ut LY i. MAIN I ,x:213-485-8993 Jun 30 2C NU.1466 P• L 14:30 P.01 Isar City of Los Angeles, California Contract Purchase Order C)ty f LosT CAna&es pturchas1ng Agent LS9 A QELES CA eocri2 vendor,,0000034760 PIERCE MANUFACTURING INC 2600 AME141CAN DR APPLETON WI 5412 of R UP 140 N. AVENUE 19 LOS ANIMUS CA BOOM .Eiu To: O1$ot Los Mgela Supply Ms., Ao^conte Payable 555 Rendret b1, Spaoe 312 Los Angeles OA 90712 1•T 1 TAPLEL`Ci {NATION APPARATUS a: per apesrdbauan no. FO 1a0R•18W8W41NW 11A9. Carina I01 d7975. Carina Lirn: 1 2 • 1 Indepereems Cate SuevensiOn & Careen); 57925 cons= uree 2 da A 1 33T192 •a:320,344.00 � Sales Toe 103.173•311 Module Thiel J.4C3,522.3e nerve Total 7.07 LOT NI gm Bolen Ts+e eesedulsTotsl 2401522.39 47.474.00 05125I2004 2.911 Lel 53.399.51 hanlotal $1590.41 3 • 1 Add Fm7.0D LOT NI'3455a 241,W2i O 06t15+1004 d're Sides Tan 13.966.09 Soba0Yl.Total vs1,Maol contrast ID: 57925 Contract Linz 2 DEPARTMENT CONTACT: Orderlog OepeMant Contact Nark Connie Ems Telephone No.' 2134185-61 3 Fan Wooer: 213.4e54993 Mons.: 140 N Ave 10, Lot )ufswi a CA 90031 G ola0 Address: ose222001ahliso'ry wy 3t;11°I2» °D UP 31 65-ksi. 358, 530�.� be� g.�e >PaC'R M keen Tots! 251.849.0j Toed PO Amount r-Frirrr r For 1r:chasing A9/' OkA^9iaa1 GahtorNa PIERCE MANUFACTURING, INC. June 6, 2005 Brenda E. Hodges, C.P.M. Purchasing Agent, City of National City 2100 Hoover Ave. National City, CA 91950 Dear Ms. Hodges, Thank you once again for your interest in purchasing another Pierce 1500 GPM Triple Combination Pumper. The apparatus will be built according to the proposal in you possession. The following information is based on the Los Angeles Fire Dept.purchase order 423046. Los Angeles purchase order for seven units Delete special body Delete radio equipment Add loose equipment Add Detroit engine IPO Caterpiller Add painted A/C covers Add booster reel over pump compartment Add four Big Ed handlights Add 110 volts lights to the back of the cab Add circuit breaker panel for customer generator Add shelf in the hosebed Add two fold up seats IPO standard Total amount of your cost after discounts $ 358,530.00 - 2,500.00 34556.00 13,643.00 2,100.00 640.00 3,655.00 1,654.00 2,175.00 610.00 562.00 956.00 $ 347,469.00 If you have any questions please call me at 949-456-1001. If you wish to order the apparatus please make the purchase order out to Pierce Manufacturing. Respectfully yours, Kevin M. Newell June 6, 2005 City of National City 333 East 16th. Street National City, CA 91950 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 a Pierce Custom Arrow XT chassis as per the enclosed proposal for the delivered sum of...$347,469.00 Discount for paying upon award of the purchase order - 13,363.00 Contract amount less tax $334,106.00 Sales Tax on the above amount 25,893.22 Total contract amount $359,999.22 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 9 to 10 months after receipt of thisorder and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at National City, Califomia. The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company or the order to purchase, and provided such alternations do not materiallyaffect the cost of the construction of the apparatus. The proposal for the fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of initial purchase, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of initial purchase, except where modified by customer requirements. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will 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 MANUFACTURING, INC. By: Sales Re�{Sresentative Kevin M. Newell City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 AGENDA ITEM NO. 17 (--ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SAULSBURY HILL FINANCIAL FOR LEASE FINANCING FOR THE PURCHASE OF A TRIPLE COMBINATION PUMPER FOR THE FIRE DEPARTMENT PREPARED BY Bill Yeomans i'"/DEPARTMENT Finance x 4330 EXPLANATION In conjunction with the Purchasing Agent's purchase of a Triple Combination Pumper from Pierce Manufacturing, Inc. for the Fire Department, the Finance Department received proposals from six different lease financing vendors and selected Saulsbury Hill Financial because of its lowest interest rate, financing commitments and delivery requirements. Environmental Review X N/A Financial Statement The amount of $359,999.22 spread out for five years at $72,000 per year is budgeted in the CDBG fund for $72,000. The finance charges of $6,453 will be paid from the General Fund (001-412-125-519) Account No. STAFF RECOMMENDATION Staff recommends to award the Lease Financing Contract to Saulsbury Hill Financial. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2005 — 164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SAULSBURY HILL FINANCIAL 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 Pierce Manufacturing, Inc. for the Fire Department, the Finance Department has received proposals from six different financing vendors; and WHEREAS, after reviewing all proposals, staff recommends Saulsbury Hill Financial because 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 herby authorizes the Mayor to execute a lease financing agreement with Saulsbury Hill Financial for the purchase of a Triple Combination Pumper from Pierce Manufacturing, Inc. for the Fire Department. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MASTER EQUIPMENT LEASE -PURCHASE AGREEMENT 1. Agreement. Subject to the terms and conditions contained in this Master Equipment Lease -Purchase Agreement No. «BBB» dated «AAA» (this "Agreement"), «SSS», as lessor ("Lessor"), whose mailing address is «TTT», «UUU», hereby agrees to sell, transfer and lease to «CCC», as lessee ("Lessee"), whose mailing address is «FFF», and Lessee agrees to acquire, purchase and lease from Lessor, the items of personal property (together with any replacement parts, additions, substitutions, repairs or accessories now or hereafter incorporated in or affixed to it, hereinafter referred to collectively as the "Equipment") described in each Equipment Schedule (hereinafter referred to as an "Equipment Schedule") that may from time to time be executed by Lessor and Lessee that specifically incorporates the terms and conditions of this Agreement by reference (any such Equipment Schedule hereinafter referred to as a "Lease"). Each Equipment Schedule (including the terms and conditions incorporated therein by reference) executed and delivered by Lessor and Lessee pursuant to this Agreement shall be considered a separate and independent Lease. This Agreement is not a commitment by Lessor to enter into any Lease not currently in effect, and nothing in this Agreement shall impose, or be construed to impose, any obligation upon Lessor to enter into any proposed Lease, it being understood that whether Lessor enters into any proposed Lease shall be a decision solely within Lessor's discretion. 2. Term. The term of this Agreement begins as of the date hereof and shall continue so long as any amounts remain unpaid under a Lease. The term of each Lease shall commence on, and interest shall accrue from, the date identified in the related Equipment Schedule (the "Commencement Date") and shall continue for the number of months stated in such Equipment Schedule (the "Scheduled Term"), unless Lessee shall have terminated such Lease pursuant to Paragraph 3 or Paragraph 10 of this Agreement or Lessor shall have terminated such Lease pursuant to Paragraph 16 of this Agreement (the Scheduled Term upon its expiration or as so terminated is herein referred to as the "Lease Term"). Lessee authorizes Lessor to insert the applicable Commencement Date in each Equipment Schedule. 2.5. Escrow Agreement. On the Commencement Date of each Lease, Lessor and Lessee shall enter into an escrow agreement (an "Escrow Agreement") relating to such Lease, dated the Commencement Date of such Lease, among Lessor, Lessee and «W W W», as escrow agent, relating to the escrow fund (an "Escrow Fund") created thereunder. On the Commencement Date of each Lease, Lessor shall deposit funds into the related Escrow Fund for the payment of the costs of acquiring the Equipment under such Lease. 3. Rental Payments. Lessee agrees to pay the rental payments under each Lease for the applicable Lease Term in the amounts and on the dates identified in the related Equipment Schedule. Payment of all rental payments and other amounts payable under a Lease shall be made to Lessor at its above -stated address or as it shall otherwise designate in writing. As set forth in each Equipment Schedule, a portion of each rental payment under a Lease is paid as, and represents payment of, interest, and the balance of each rental payment is paid as, and represents payment of, principal. Lessee, being a state or political subdivision thereof, is dependent upon receiving continued appropriations or other legally available funds to continue a Lease for its Scheduled Term. Notwithstanding any provision to the contrary in this Agreement, Lessee may terminate a Lease at the end of any fiscal period of Lessee as identified in the applicable Equipment Schedule (a "Fiscal Period") if sufficient funds are not appropriated by Lessee's goveming body to pay rental payments and other amounts due under such Lease during the next succeeding Fiscal Period (an "Event of Nonappropriation"). Lessee hereby agrees to notify Lessor at least 30 days prior to the last day of its then current Fiscal Period of the occurrence of an Event of Nonappropriation under any Lease or, if nonappropriation has not occurred by that date, promptly upon the occurrence of an Event of Nonappropriation. Lessee represents and warrants that: (a) it has made sufficient appropriations or has other legally available funds to pay all rental payments under a Lease due during the first ACCEPTED BY LESSOR: «SSS», Lessor By: x Print Name: Title: Date: «AAA» THE UNDERSIGNED HEREBY AGREES TO ALL OF THE TERMS AND CONDITIONS AS SET FORTH ON THIS PAGE AND THE FOLLOWING 6 PAGES (7 pages in total) OF THIS MASTER EQUIPMENT LEASE -PURCHASE AGREEMENT «CCC», Lessee By: x Print Name: Title: Date: «AAA» Lessee's signatory warrants that he/she is duly authorized to execute this Master Equipment Lease -Purchase Agreement for and on behalf of the above named Lessee. Fiscal Period under such Lease; (b) Lessee currently intends to do all things lawfully within its power to obtain appropriated funds for the payment of rental payments and other amounts required to be paid under each Lease in each next succeeding Fiscal Generic Master Lease NATIONAL Escrow Page 1 of 7 2120624/SVE (Multistate Escrow Form: 01/07/05) Period for its Scheduled Term; and (c) Lessee acknowledges that Lessor has relied upon these representations as an inducement to enter into this Agreement and each Lease. If an Event of Nonappropriation under a Lease shall occur, Lessee agrees, at Lessee's sole cost and expense, peaceably to deliver the corresponding Equipment to Lessor at such location in the continental United States as is specified by Lessor, in the condition required by Paragraph 7 of this Agreement, on or before the effective date of termination. Lessee's obligation to pay rental payments and any additional amounts payable under each Lease constitutes a current obligation payable exclusively from legally available funds and shall not be construed to be an indebtedness within the meaning of any applicable constitutional or statutory limitation or requirement. 4. Essentiality. Subject to Paragraph 3 of this Agreement, Lessee's present intention is to make rental payments for the Scheduled Term of each Lease as long as it has sufficient appropriations or other legally available funds. In that regard, Lessee represents that, with respect to each Lease, (a) the use and operation of the Equipment is essential to its proper, efficient and economic governmental operation and (b) the functions performed by the Equipment could not be transferred to other equipment available for its use. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the conclusion of the Scheduled Term of the related Lease. 5. Disclaimer of Warranties. LESSEE REPRESENTS THAT IT HAS SELECTED THE EQUIPMENT PRIOR TO HAVING REQUESTED LESSOR TO FINANCE THE SAME. LESSEE AGREES THAT LESSOR HAS NOT MADE ANY, AND MAKES NO, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING (WITHOUT LIMITATION) THE SUITABILITY OF THE EQUIPMENT, ITS DURABILITY, ITS FITNESS FOR ANY PARTICULAR PURPOSE, ITS MERCHANTABILITY, ITS CONDITION, ITS CAPACITY, ITS OPERATION, ITS PERFORMANCE, ITS DESIGN, ITS MATERIALS, ITS WORKMANSHIP AND/OR ITS QUALITY. AS BETWEEN LESSEE AND LESSOR, LESSEE LEASES, PURCHASES AND ACQUIRES THE EQUIPMENT "AS IS" "WHERE IS" AND "WITH ALL FAULTS." Lessor hereby assigns to Lessee, to the extent that it may lawfully do so, so long as no Event of Default and no Event of Nonappropriation shall have occurred and be continuing under a Lease, all rights and benefits that Lessor may have under any warranty, guaranty or the like which may be made with respect to the Equipment by the manufacturer, seller and/or supplier (collectively, the "Vendor") thereof. Lessor shall not be liable to Lessee or any third party for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by any of the Equipment or the use or maintenance thereof or any defect therein, the failure of operation thereof or by any interruption of service or loss of use thereof or for any loss of business or damage whatsoever and howsoever caused. Lessor makes no warranty as to the treatment of any Lease for tax or accounting purposes or as to the compliance of the Equipment with applicable government regulations or requirements. Lessee agrees to look solely to the Vendor for any claim arising from any defect, breach of warranty, failure or delay in delivery, mis-delivery or inability to use the Equipment for any reason whatsoever and Lessee's obligations to Lessor under any Lease shall not in any manner be affected thereby, including (without limitation) Lessee's obligations to pay Lessor all rental payments and other amounts payable under the related Lease. Lessee has selected both the Equipment and the Vendor and acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or the Vendor. Lessor has no obligation to install, erect, test, adjust, service or maintain the Equipment. 6. Delivery and Acceptance; Quiet Enjoyment. Lessee shall accept the Equipment for which disbursement is requested from the related Escrow Fund upon its delivery and authorizes Lessor to insert on the Equipment Schedule the serial numbers and any additional description of the items of Equipment so delivered. As evidence of said acceptance, Lessee shall execute and deliver to Lessor a Certificate of Acceptance and Payment Request in the form attached as Exhibit A -I to each Equipment Schedule. During the Lease Term of each Lease, Lessee shall be entitled to quiet enjoyment of the Equipment identified therein, subject to the terms of this Agreement. 7. Use of Equipment; Maintenance and Repairs. Lessee shall keep the Equipment within the State at the "Equipment Location" stated in the related Equipment Schedule and Lessee shall not remove any of the Equipment therefrom without Lessor's prior written consent. Lessee shall use the Equipment in a careful manner and shall at all times, at its sole expense, keep the Equipment in good operating condition, repair and appearance and comply with all laws, ordinances, regulations or requirements of any governmental authority, official, board or department relating to its installation, possession, use or maintenance. Lessee shall not make any alterations, additions, or improvements to the Equipment which are not readily removable without causing damage to or reducing the value of the Equipment. All alterations, additions, or improvements not readily removable shall become property of Lessor. 8. Title to Equipment; Security Interest. During the Lease Term of each Lease, title to the Equipment shall be vested in Lessee, subject to the rights of Lessor under such Lease. In the event Lessor terminates a Lease pursuant to Paragraph 16 of this Agreement or an Event of Nonappropriation occurs under a Lease, title to the related Equipment shall immediately vest in Lessor free and clear of any right, title or interest of Lessee. Lessee, at its expense, will protect and defend Lessee's title to the Equipment and Lessor's rights and interests therein and will keep the Equipment free and clear from any and all claims, liens, encumbrances and legal processes of Lessee's creditors and other persons. Lessor shall have the right during normal hours, upon reasonable prior notice to Lessee, to enter upon the premises where the Equipment is located in order to inspect the Equipment. Page 2 of 7 To secure the performance of all of Lessee's obligations under each Lease, Lessee hereby grants to Lessor, and Lessor shall have and retain, a security interest constituting a first lien on the Equipment delivered under each respective Lease and on any proceeds therefrom. Lessee agrees to execute and deliver such additional documents, including, without limitation, opinions of counsel, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest in the Equipment or for the confirmation or perfection of each Lease and Lessor's rights thereunder. As further security therefor, Lessee hereby grants to Lessor a first priority security interest in the cash and negotiable instruments from time to time comprising each Escrow Fund and all proceeds (cash and non -cash) thereof, and agrees with respect thereto that Lessor shall have all the rights and remedies of a secured party under the applicable Uniform Commercial Code. 9. Personal Property. The Equipment shall be and remain personal property notwithstanding the manner in which it may be attached or affixed to realty. Lessee covenants that, unless Lessee owns the premises in which the Equipment is to be located and such premises are not subject to any mortgage or lease, at Lessor's request, Lessee shall provide Lessor with a waiver from each landlord and/or mortgagee of the premises in which the Equipment is to be located of any rights which such landlord and/or mortgagee may have in respect of any of the Equipment. 10. Purchase of Equipment by Lessee; Prepayment. At the option of Lessee, and provided that no Event of Default has occurred and is continuing under a Lease, Lessor's interest in all, but not less than all, of the Equipment subject to a Lease will be transferred, conveyed and assigncd to Lessee, and such Lease shall terminate: (a) upon payment in full of the rental payments under such Lease and all other payments then due thereunder or (b) on any rental payment date under such Lease, provided Lessee shall have delivered written notice at least 30 days prior to such date of Lessee's intention to purchase the Equipment subject to such Lease pursuant to this provision, by paying to Lessor, in addition to the rental payment due on such date, an amount equal to the concluding payment (the "Concluding Payment") shown for such rental payment date in the rental payment schedule included in the applicable Lease. Lessee shall not have the option to purchase the Equipment under a Lease as provided in the foregoing clause (b) on any rental payment date under such Lease for which a Concluding Payment is not stated in the applicable rental payment schedule. 11. Risk of Loss. Lessee shall bear the entire risk of loss, theft, destruction of or damage to the Equipment or any part thereof from any cause whatsoever during the Lease Term of each Lease and thereafter until redelivery to a location designated by Lessor, and shall not be relieved of the obligation to pay rental payments or any other obligation thereunder because of any such occurrence. If (a) the Equipment or any portion thereof under a Lease is destroyed (in whole or in part) or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof under a Lease is taken under the exercise of the power of eminent domain, Lessee shall immediately notify Lessor. Lessee and Lessor shall cause the net proceeds of any insurance claim (including self-insurance) or condemnation award to be applied, at Lessor's option, to (i) the prompt repair, restoration, modification or replacement of the Equipment so affected or (ii) the payment in full of the then applicable Concluding Payment. Any balance of net proceeds remaining after completion of such work or payment of such Concluding Payment shall be paid promptly to Lessee. If the net proceeds are insufficient to pay the costs of such repair, restoration, modification or replacement or to pay such Concluding Payment in full, Lessee shall, at Lessor's direction, either complete the work or pay the then applicable Concluding Payment in full and in either case pay any cost in excess of the amount of net proceeds, but only from legally available funds. 12. Insurance. In the event Lessee is not self -insured (as hereafter provided), Lessee shall, at its expense, keep the Equipment fully insured against loss, fire, theft, damage or destruction from any cause whatsoever in an amount not less than the greater of (a) the total rental payments for the Scheduled Term of the applicable Lease, or (b) the full replacement cost of the Equipment without consideration for depreciation. Lessee shall also provide such additional insurance against injury, loss or damage to persons or property arising out of the use or operation of the Equipment as is customarily maintained by the owners of like property, with companies satisfactory to Lessor. Each policy shall provide that, as to the interest or coverage of Lessor or Lessor's assignee, the insurance afforded thereby shall not be suspended, forfeited or in any manner prejudiced by any default or by any breach of warranty, condition or covenant on the part of Lessee. If Lessee shall fail to provide any such insurance required under a Lease or, within ten (10) days after Lessor's request therefor, shall fail to deliver the policies or certificates thereof to Lessor, then Lessor, at its option, shall have the right to procure such insurance and to add the full cost thereof to the rental payment next becoming due, which Lessee agrees to pay as additional rent. All such insurance shall be in form, issued by such insurance companies and be in such amounts as shall be satisfactory to Lessor, and shall provide that losses, if any, shall be payable to Lessor as "loss payee," and all such liability insurance shall include Lessor as an "additional insured." Lessee shall pay the premiums for such insurance and deliver to Lessor satisfactory evidence of the insurance coverage required under each Lease. Lessee hereby irrevocably appoints Lessor as Lessee's attorney -in -fact to make claim for, receive payments of and execute and endorse all documents, checks or drafts received in payment for loss or damage under any such insurance policy. If Lessee is self -insured with respect to equipment such as the Equipment under an actuarially sound self-insurance program that is acceptable to Lessor, Lessee shall maintain during the Lease Term of each Lease such actuarially sound self-insurance program and shall provide evidence thereof in form and substance satisfactory to Lessor. 13. Fees; Taxes and Other Governmental Charges; Liens. Lessee covenants and agrees at all times to keep the Equipment free and clear of all levies, liens (other than those created under the applicable Lease) and encumbrances, and to pay all charges, taxes and fees (including any recording or stamp fees or taxes) that may now or hereafter be imposed upon the ownership, Page 3 of 7 leasing, rental, sale, purchase, possession or use of the Equipment and shall give Lessor immediate written notice of any of the foregoing. If any of same shall remain unpaid when due, Lessor may pay same and add such payment to the rental payment next becoming due, as additional rent. Lessee shall execute and deliver to Lessor upon Lessor's request such further instruments and documents containing such other assurances as Lessor deems necessary or advisable for the confirmation or perfection of Lessor's rights under each Lease or to otherwise effectuate the intent of this Agreement and each Lease. 14. Indemnification. To the extent authorized by law, Lessee shall indemnify and save Lessor, its officers, employees, agents, servants, successors and assigns, harmless from any and all liabilities (including, without limitation, negligence, tort and strict liability), damages, expenses, claims, actions, proceedings, judgments, settlements, losses, liens and obligations, including (without limitation) attorneys' fees and costs, arising out of the ordering, purchase, delivery, rejection, non -delivery, ownership, selection, possession, leasing, renting, financing, operation, control, use, condition, maintenance, delivery, transportation, storage, repair, return or other disposition of' the Equipment, any claims arising under federal, state or local environmental protection and hazardous substance clean up laws and regulations and any claims of patent, trademark or copyright infringement or, in the event that Lessee shall be in default under a Lease, arising out of the condition of any item of Equipment sold or disposed of after use by Lessee, including (without limitation) claims for injury to or death of persons and for damage to property. The indemnities, assumption of liabilities and obligations herein provided shall be payable solely from funds legally available for such purpose and shall continue in full force and effect notwithstanding the expiration, termination or cancellation of this Agreement or any Lease for any reason whatsoever. 15. Assignment; Subleasing. LESSEE SHALL NOT ASSIGN, PLEDGE, MORTGAGE, SUBLET OR OTHERWISE TRANSFER OR ENCUMBER ANY OF ITS RIGHTS UNDER THIS AGREEMENT, ANY LEASE, ANY ESCROW AGREEMENT (INCLUDING THE ESCROW FUND CREATED THEREUNDER) OR IN THE EQUIPMENT OR ANY PART THEREOF, NOR PERMIT ITS USE BY ANYONE OTHER THAN LESSEE AND ITS REGULAR EMPLOYEES, WITHOUT LESSOR'S PRIOR WRITTEN CONSENT. ANY SUCH PURPORTED TRANSFER, ASSIGNMENT OR OTHER ACTION WITHOUT LESSOR'S PRIOR WRITTEN CONSENT SHALL BE VOID. Lessor may, at any time and from time to time, assign, transfer or otherwise convey all or any part of its interest in the Equipment, this Agreement, any Escrow Agreement (including the Escrow Fund created thereunder) and one or more Leases, including, but not limited to, Lessor's rights to receive the rental payments under a Lease or any part thereof (in which event Lessee agrees to make all rental payments thereafter to the assignee designated by Lessor) without the necessity of obtaining Lessee's consent, provided, however, Lessor will deliver to Lessee prior written notice of an assignment. No such assignment, transfer or conveyance shall be effective until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee. During the term of this Agreement, Lessee shall keep, or cause to be kept, a complete and accurate record of all such assignments with respect to each Lease in form necessary to comply with Section 149 of the Internal Revenue Code of 1986, as amended (the "Code"). Lessee agrees (unless otherwise stated), if so requested, to acknowledge each such assignment in writing within 15 days after request therefor in the form attached as Exhibit A-3 to each Equipment Schedule. Lessee further agrees that any moneys or other property received by Lessor as a result of any such assignment, transfer or conveyance shall not inure to Lessee's benefit. 16. Events of Default; Remedies. Each of the following events constitutes an "Event of Default" with respect to a Lease: (a) Lessee fails to pay in full the rental payment due under such Lease on any date upon which such rental payment is due; (b) Lessee fails to comply with any other agreement or covenant of Lessee under such Lease for a period of 30 days following receipt of written notice of violation of such agreement or covenant and demand that such violation be remedied; (c) Lessee institutes any proceedings under any bankruptcy, insolvency, reorganization or similar law or a receiver or similar officer is appointed for Lessee or any of its property; (d) any warranty, representation or statement made in writing by or on behalf of Lessee in connection with such Lease is found to be incorrect or misleading in any material respect on the date made; (e) actual or attempted sale, lease or encumbrance of any of the Equipment under such Lease or the related Escrow Fund or the making of any levy, seizure or attachment thereof or thereon; or (f) an Event of Default occurs under any other Lease. Immediately upon the occurrence of an Event of Default under a Lease, Lessor may terminate the affected Lease and any other Lease or Lessee's rights thereunder and in any such event repossess the Equipment under such Lease or Leases, which Lessee hereby agrees, at its expense, to surrender promptly to Lessor at such location in the continental United States as Lessor shall direct. Such right of repossession and other rights as specifically provided in this Paragraph 16 shall constitute the sole remedies for Lessee's failure to make payments or otherwise perform its obligations when required under any Lease. If Lessor is entitled to repossess the Equipment under any provision of this Agreement, Lessee shall permit Lessor or its agents to enter the premises where the Equipment is then located. In the event of any such repossession, Lessee shall execute and deliver such documents as may reasonably be required to restore title to and possession of the Equipment to Lessor, free and clear of all liens and security interests to which the Equipment may have become subject. Upon repossession, if the Equipment is damaged or otherwise made less suitable for the purposes for which it was manufactured than when delivered to Lessee, Lessee agrees, at its option, to (a) repair and restore the Equipment to the same condition in which it was received by Lessee (reasonable wear and tear excepted) or (b) pay to Lessor the reasonable costs of such repair and restoration. In the event that Lessor sells or otherwise liquidates the Equipment following an Event of Default or an Event of Nonappropriation as herein provided and realizes net proceeds (after payment of costs) in excess of total rental payments that would have been paid during the Scheduled Term plus any other amounts then due under the related Lease or Leases, Lessor shall immediately pay the amount of any such excess to Lessee. Page 4 of 7 If Lessor terminates a Lease under this Paragraph 16 or an Event of Nonappropriation occurs under a Lease and in either case Lessee continues to use the Equipment leased thereunder or if Lessee otherwise refuses to pay rental payments under a Lease due during a Fiscal Period for which Lessee's governing body has appropriated sufficient legally available funds to pay such rental payments due under a Lease, Lessor (i) may declare the rental payments due and owing for the Fiscal Period for which such appropriations have been made to be immediately due and payable and (ii) shall be entitled to bring such action at law or in equity to recover money and other damages attributable to such holdover period for the Equipment under such Lease. Lessor shall also be entitled to exercise any or all remedies available to a secured party under the applicable Uniform Commercial Code and all other rights and remedies that Lessor may have at law or in equity. All rights and remedies of Lessor shall be cumulative and not altemative. Lessor's failure to exercise or delay in exercising any right or remedy shall not be construed as a waiver thereof, nor shall a waiver on one occasion be construed to bar the exercise of any right or remedy on a future occasion. Lessee agrees to reimburse Lessor for any expenses reasonably incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor, but only from legally available funds. 17. Late Payments. Whenever any rental payment or other amount payable to Lessor by Lessee under a Lease is not paid within ten (10) days after such due date, Lessee agrees to pay Lessor a late charge on the delinquent amount at the rate of one percent (I%) per month, or the maximum amount permitted under applicable law, whichever is less. Such amount(s) shall be payable solely from legally available funds in addition to all amounts payable by Lessee as a result of the exercise of any of the remedies herein provided. 18. Rental Payments to Be Unconditional. Except as expressly set forth in this Agreement (including Paragraph 3), Lessee agrees that as of the Commencement Date identified in the related Equipment Schedule, Lessee's obligations under each Lease are absolute and unconditional and shall continue without set-off, deduction, counterclaim, abatement, recoupment or reduction and regardless of any disability of Lessee to use the Equipment or any part thereof because of any reason including, but not limited to, war, act of God, governmental regulations, strike, loss, damage, destruction, obsolescence, failure of or delay in delivery or failure of the Equipment to operate properly. 19. Tax Covenants. Lessee agrees that it will not take any action that would cause the interest component of rental payments under any Lease to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes, nor will it omit to take or cause to be taken, in a timely manner, any action which omission would cause the interest component of rental payments under any Lease to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes. Lessee agrees to (a) execute and deliver to Lessor with respect to each Lease, upon Lessor's request, a tax certificate and agreement in form and content acceptable to Lessor and Lessee, relating to the establishment and maintenance of the excludability from gross income of the interest component of rental payments under such Lease for federal income tax purposes; (b) complete and file in a timely manner an information reporting return with respect to each Lease as required by the Code; and (c) rebate an amount equal to excess earnings on any Escrow Fund to the federal government if required by, and in accordance with, Section 148(f) of the Code, and make the determinations and maintain the records required by the Code. Lessee represents that neither Lessee nor any agency or unit of Lessee has on hand any property, including cash and securities, that is legally required or otherwise restricted (no matter where held or the source thereof) to be used directly or indirectly to purchase the Equipment. Lessee has not and will not establish any funds or accounts (no matter where held or the source thereof) the use of which is legally required or otherwise restricted to pay directly or indirectly rental payments under a Lease. Lessor and Lessee certify that, so long as any rental payments under a Lease remain unpaid, moneys on deposit in the Escrow Fund related to such Lease will not be used in a manner that will cause such Lease to be classified as an "arbitrage bond" within the meaning of Section 148(a) of the Code. If Lessee breaches the covenants contained in this Paragraph 19 as provided in a Lease, the interest component of rental payments under such Lease may become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event, Lessee agrees to pay promptly after any such determination of taxability and on each rental payment date thereafter to Lessor an additional amount determined by Lessor to compensate such owner or owners for the loss of such excludability (including without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive (absent manifest error). It is Lessor's and Lessee's intention that each Lease not constitute a "true" lease for federal income tax purposes and therefore, it is Lessor's and Lessee's intention that Lessee be considered the owner of the Equipment under each Lease for federal income tax purposes. 20. Lessee Representations and Warranties. Lessee hereby represents and warrants to and agrees with Lessor that: (a) Lessee is a state or a political subdivision thereof within the meaning of Section 103(c) of the Code and will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as such. (b) Lessee has the power and authority under applicable law to enter into the transactions contemplated by this Agreement, each Lease and each Escrow Agreement and has been duly authorized to execute and deliver this Agreement, each Lease and each Escrow Agreement and to carry out its obligations hereunder and thereunder. Lessee has provided to Lessor a full, true and correct copy of a resolution or other appropriate official action of Lessee's governing body (a form of which is Page 5 of 7 attached as Exhibit D hereto) specifically authorizing Lessee to execute and deliver this Agreement, each Lease and each Escrow Agreement and all documents contemplated hereby and thereby. Lessee has provided to Lessor a full, true and correct copy of an Incumbency Certificate in substantially the form attached as Exhibit B hereto relating to the authority of the officers who have executed and delivered this Agreement and who will execute and deliver each Lease and each Escrow Agreement and all documents in connection herewith and therewith on behalf of Lessee. (c) Alt requirements have been met and procedures have occurred in order to ensure the enforceability of this Agreement, each Lease and each Escrow Agreement, and Lessee has complied with such public bidding requirements, if any, as may be applicable to the transactions contemplated by this Agreement, each Lease and each Escrow Agreement. (d) Lessee is not subject to any legal or contractual limitation or provision of any nature whatsoever that in any way limits, restricts or prevents Lessee from entering into this Agreement, any Lease or any Escrow Agreement, or performing any of its obligations hereunder or thereunder, except to the extent that such performance may be limited by bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally. (e) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, known to be pending or threatened against or affecting Lessee, nor to the best knowledge of Lessee is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by this Agreement, any Lease or any Escrow Agreement, or any other agreement or instrument to which Lessee is a party and which is used or contemplated for use in the consummation of the transactions contemplated by this Agreement, any Lease or any Escrow Agreement. All authorizations, consents and approvals of governmental bodies or agencies required in connection with the execution and delivery by Lessee of this Agreement, each Lease and each Escrow Agreement or in connection with the carrying out by Lessee of its obligations hereunder and thereunder have been obtained. (t) The payment of the rental payments or any portion thereof under each Lease is not (under the terms of this Agreement or any Lease) directly or indirectly (i) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (ii) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local government unit. No portion of the purchase price for the Equipment will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation of the Equipment. (g) The entering into and performance of this Agreement, each Lease and each Escrow Agreement will not violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of Lessee or on the Equipment pursuant to an indenture, mortgage, deed of trust, bank loan or credit agreement or other instrument to which Lessee is a party or by which it or its assets may be bound, except as herein provided. (h) Lessee's name as indicated on the first page of this Agreement is its true, correct and complete legal name. (i) The useful life of the Equipment will not be less than the Scheduled Term of the related Lease. (j) Lessee has entered into, or will enter into, each Lease for the purpose of purchasing, acquiring and leasing the Equipment and not for the purpose of refinancing any outstanding obligation of Lessee more than 90 days in advance of its payment or prepayment date. The purchase price for the Equipment has been or will be paid directly by Lessor to the Vendor, and no portion of the purchase price for the Equipment has been or will be paid to Lessee as reimbursement for any expenditure paid by Lessee more than 60 days prior to the execution and delivery of the applicable Lease. (k) The application, statements and credit or financial information submitted by it to Lessor are true and correct and made to induce Lessor to enter into this Agreement, each Lease and each Escrow Agreement. (1) During the term of this Agreement, Lessee shall (i) provide Lessor, no later than ten days prior to the end of each Fiscal Period (commencing with the current Fiscal Period), with current budgets or other proof of appropriation for the ensuing Fiscal Period and such other information relating to Lessee's ability to continue the Lease Tenn of each Lease for the next succeeding Fiscal Period as may be reasonably requested by Lessor and (ii) furnish or cause to be famished to Lessor, at Lessee's expense, as soon as available and in any event not later than 180 days after the close of each Fiscal Period, the audited financial statements of Lessee at the close of and for such Fiscal Period, all in reasonable detail, audited by and with the report of Lessee's auditor. (m) On the Commencement Date of each Lease, Lessee shall cause to be executed and delivered to Lessor an Opinion of Lessee's Counsel in substantially the form attached as Exhibit C hereto. (n) Lessee has not previously failed (for whatever reason) to appropriate amounts sufficient to pay its obligations that are subject to annual appropriation. (o) Lessee shall pay the excess (if any) of the actual costs of acquiring the Equipment under a Lease over the amount deposited by Lessor in the related Escrow Fund and interest earnings thereon. 21. Execution in Counterparts; Chattel Paper. This Agreement and each Lease may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument; provided, however, that only Counterpart No. 1 of each Lease (including the terms and conditions of this Agreement incorporated therein by reference) shall constitute chattel paper for purposes of the applicable Uniform Commercial Code. 22. Applicable Law. THIS AGREEMENT AND EACH LEASE SHALL BE CONSTRUED UNDER THE LAWS OF THE STATE. Page 6 of 7 23. Binding Effect; Severability; Survival. This Agreement and each Lease shall not become effective until accepted by Lessor at its herein -described office, and upon such acceptance shall inure to and bind the parties, their successors, legal representatives and assigns. No provision of this Agreement or any Lease that may be construed as unenforceable shall in any way invalidate any other provision hereof or thereof, all of which shall remain in full force and effect. 24. Miscellaneous Provisions. Any notice to a party hereunder shall be deemed given when mailed to said party by certified mail, return receipt requested, at its address set forth herein or such other address as either may designate for itself in such notice to the other. This Agreement, each Lease and each Escrow Agreement constitute the entire mutual understanding of the parties regarding the subject matter hereof and thereof and may not be modified except in writing, signed by the party against whom such modification is asserted. Upon the request of Lessor, Lessee shall at any time and from time to time execute and deliver such further documents and do such further acts as Lessor may reasonably request in order fully to effect the purposes of each Lease and any assignment thereof. In the event a court with competent jurisdiction rules that the interest rate charged under a Lease exceeds the maximum rate of interest allowed by applicable law, then the effective rate of interest under such Lease shall be automatically reduced to the maximum lawful rate allowable under the applicable laws. Page 7 of 7 EXHIBIT A «SSS» EQUIPMENT SCHEDULE MASTER EQUIPMENT LEASE -PURCHASE AGREEMENT No.: «BBB» DATE OF MASTER EQUIPMENT LEASE -PURCHASE AGREEMENT: «AAA» EQUIPMENT SCHEDULE No.: «EEE» EQUIPMENT SCHEDULE DATE: «DDD» LESSEE: «CCC» COMMENCEMENT DATE: «DDD» SCHEDULED TERM (NUMBER OF MONTHS): «I-IHH» 1. DESCRIPTION OF THE EQUIPMENT: DESCRIPTION OF SERIAL NUMBERS SUPPLIER QUANTITY UNITS OF EQUIPMENT (IF AVAILABLE) together with all accessories, attachments, substitutions and accessions. 2. EQUIPMENT LOCATION: «PPP» 3. RENTAL PAYMENT SCHEDULE: The rental payments shall be made for the Equipment as follows: DATE DUE PRINCIPAL COMPONENT INTEREST COMPONENT 4. Lessee's current Fiscal Period extends from «QQQ». TOTAL RENTAL PAYMENT DUE CONCLUDING PAYMENTS 5. For purposes of this Schedule, "State" means the State of «RRR». * Assumes that all rental payments and additional rentals due on and prior to that date have been paid. A-1 6. The terms and provisions of the Master Equipment Lease -Purchase Agreement described above (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. 7. Lessee hereby represents, warrants and covenants that (i) its representations, warranties and covenants set forth in such Master Equipment Lease -Purchase Agreement (particularly Paragraph 20 thereof) are true and correct as though made on the date of execution of this Schedule, and (ii) sufficient funds have been appropriated by Lessee for the payment of all rental payments due under this Schedule during Lessee's current Fiscal Period. «CCC», «SSS», as Lessee as Lessor By: By: Name: Name: Title: Title: Counterpart No. of _ manually executed and serially numbered counterparts. To the extent that this Schedule constitutes chattel paper (as defined in the applicable Uniform Commercial Code), no security or ownership interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1. A-2 EXHIBIT A-1 (TO EQUIPMENT SCHEDULE NO. «EEE») CERTIFICATE OF ACCEPTANCE AND PAYMENT REQUEST «W W W» (the "Escrow Agent"), as escrow agent under that certain Escrow Agreement dated «JJJ» (the "Escrow Agreement"), by and among «CCC» ("Lessee"), «SSS» ("Lessor") and the Escrow Agent, is hereby requested to pay from the Escrow Fund established and maintained thereunder, the amount set forth below to the named payee(s). The amount shown is due and payable under a purchase order or contract (or has been paid by and not previously reimbursed to Lessee). The equipment described below is part or all of the Equipment listed on Equipment Schedule No. «EEE» dated «DDD» (the "Equipment Schedule") to that certain Master Equipment Lease -Purchase Agreement No. «BBB» dated «AAA» (the "Agreement"), between Lessor and Lessee: DESCRIPTION OF QUANTITY UNITS OF EQUIPMENT AMOUNT PAYEE Lessee hereby certifies and represents to and agrees with Lessor as follows with respect to the Equipment described above: (i) the Equipment has been delivered and installed at the location(s) set forth in the Equipment Schedule; (ii) a present need exists for the Equipment which need is not temporary or expected to diminish in the near future; (iii) the Equipment is essential to and will be used by Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee's authority; (v) the estimated useful life of the Equipment based upon the manufacturer's representations and Lessee's projected needs is not less than the term of lease with respect to the Equipment; (vi) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes as of the date of this Certificate; (vii) the Equipment is covered by insurance in the types and amounts required by the Agreement; and (viii) no Event of Default, as such term is defined in the Agreement, and no event which with the giving of notice or lapse of time or both, would become an Event of Default, has occurred and is continuing on the date hereof. Based on the foregoing, Lessor is hereby authorized and directed to fund the acquisition of the Equipment set forth in the Lease by paying, or causing to be paid, the manufacturer(s)/vendor(s) the amounts set forth on the attached invoices from the Escrow Fund held under the Escrow Agreement in accordance with its terms. The following documents are attached hereto and made a part hereof: (a) Original Invoice(s); (b) Copies of Certificate(s) of Origin, when applicable, designating Lessor as lienholder if any part of the Equipment consists of motor vehicles, and evidence of filing; and (c) If Lessee paid an invoice prior to the commencement date identified in the Equipment Schedule and is requesting reimbursement for such payment, a copy of evidence of such payment together with a copy of Lessee's Declaration of Official Intent and other evidence that Lessee has satisfied the requirements for reimbursement set forth in Treas. Reg. 1.150-2. [The undersigned hereby certifies that the items of Equipment described above, together with the items of Equipment described in and accepted by Certificates of Acceptance and Payment Requests previously filed by Lessee with Lessor constitutes all of the Equipment subject to the Equipment Schedule.] Date: Approved: «SSS», as Lessor By: Name: Title: «CCC», as Lessee By: Name: Title: A-1-1 EXHIBIT A-2 (TO EQUIPMENT SCHEDULE NO. «EEE») [ATTACH I.R.S. FORM 8038-G OR 8038-GC, AS APPROPRIATE] A-2-1 EXHIBIT A-3 (TO EQUIPMENT SCHEDULE NO. «EEE») NOTICE AND ACKNOWLEDGEMENT OF SALE OF RENTAL PAYMENTS AND ASSIGNMENT OF LEASE AND ESCROW AGREEMENT «SSS» ("Lessor") and «CCC» ("Lessee") have entered into a Master Equipment Lease -Purchase Agreement No. «BBB» dated «AAA», and Equipment Schedule No. «EEE» dated «DDD» (collectively the "Lease"), under which Lessee has, or will have prior to its execution hereof, leased equipment (the "Equipment") described in such Equipment Schedule and for the acquisition of which an Escrow Fund has been created under an Escrow Agreement (the "Escrow Agreement ") as provided in the Lease. Lessee is hereby notified that Lessor has assigned its right, title and interest in and to the Lease, the leased Equipment, the rental payments and the Escrow Agreement (including the Escrow Fund created thereunder) as permitted by the Lease. Lessee is hereby directed to pay any and all rental payments and other amounts due with respect to which Lessor's assignee ("Assignee") renders an invoice, at the address set out immediately below or as otherwise directed in said invoice: "ASSIGNEE" By signing this Notice and Acknowledgment, Lessee agrees that it will pay all amounts due under the Lease as directed in the invoice without any set-off or deduction whatsoever notwithstanding any defect in, damage to or requisition of any of the Equipment leased under the Lease, any other similar or dissimilar event, any defense, set-off, counterclaim or recoupment arising out of any claim against Lessor or Assignee. Lessee further acknowledges and agrees that Assignee has not assumed any of Lessor's obligations or duties under the Lease or the Escrow Agreement or made any warranties whatsoever as to the Lease or the Equipment. Lessee agrees that no change may be made to the Lease or the Escrow Agreement without the prior written consent of Assignee. By signing this Notice and Acknowledgment, Lessee warrants that its representations and warranties under the Lease are true and correct on the date hereof. Date: «CCC», as Lessee By: Name: Title: A-3-1 EXHIBIT A-4 (TO EQUIPMENT SCHEDULE NO. «EEE») «DDD» Re: Master Equipment Lease -Purchase Agreement No. «BBB» dated «AAA» and Equipment Schedule No. «EEE» thereto Ladies and Gentlemen: In connection with the above -referenced Equipment Schedule No «EEE», «CCC» as lessee (the "Lessee"), is required to provide evidence of insurance for the coverages and endorsements set forth below, such evidence of insurance should reflect the interest of its assignee. A. Liability Insurance. Lessee is required to maintain public liability insurance, personal injury and property damage with policy limits of $«NNN». The policy should be endorsed to name «SSS» ("«VVV» ") as an additional insured. B. Casualty Insurance. Lessee is required to maintain all risk extended coverage, malicious mischief and vandalism insurance for the Equipment described in the above -referenced Equipment Schedule in the amount not less than the full replacement cost of the Equipment. Such insurance shall be endorsed to name «VVV» as a co -loss payee with respect to such Equipment. The required insurance should also be endorsed to give «VVV» at least 30 days prior written notice of the effective date of any material alteration or cancellation of coverage, and an endorsement confirming that the interest of «VVV» shall not be invalidated by any actions, inactions, breach of warranty or conditions or negligence of Lessee. Lessee appreciates your prompt attention to this matter. Very truly yours, «CCC» By: Name: Title: A-4-1 «SSS» «TTT» UUU» EXHIBIT A-5 (TO EQUIPMENT SCHEDULE NO. «EEE») [TO BE TYPED ON LESSEE'S LETTERHEAD] «DDD» Re: Master Equipment Lease -Purchase Agreement No. «BBB» dated «AAA» and Equipment Schedule No. «EEE» thereto Ladies and Gentlemen: Under the above -referenced Equipment Schedule No. «EEE», «CCC», as lessee ("Lessee"), is required to maintain certain insurance policies with respect to the Equipment subject thereto, provided that insurance policies are not required if Lessee has an actuarially sound self-insurance program that is acceptable to «SSS». This letter is for the purpose of describing Lessee's self-insurance program. [Describe self-insurance program for property damage - whether a self-insurance fund or contingency fund is maintained; and whether there is an excess policy in which case an insurance authorization letter must be attached.] [Describe self-insurance program for public liability risks - whether a self-insurance fund or contingency account is maintained; whether the Lessee's public liability exposure is capped pursuant to a Tort Claims Act; and whether the Lessee maintains an excess liability policy, in which case an insurance authorization letter must be attached.] Please do not hesitate to contact me if you have any questions concerning this letter. Very truly yours, «CCC» By: Name: Title: A-5-1 EXHIBIT A-6 (TO EQUIPMENT SCHEDULE NO. «EEE») [ATTACH UCC-1 WITH ATTACHMENT] A-6-1 EXHIBIT A-7 (TO EQUIPMENT SCHEDULE NO. «EEE») BANK -QUALIFIED DESIGNATION «CCC», as lessee (the "Lessee"), under Equipment Schedule No. «EEE» to which this Designation is attached, hereby designates Equipment Schedule No «EEE» as a "qualified tax-exempt obligation" for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The Lessee hereby represents that the Lessee reasonably anticipates that the Lessee and other entities that the Lessee controls will not issue tax-exempt obligations (including Equipment Schedule No. «EEE») that exceed the aggregate principal amount of S10,000,000 during the calendar year in which Equipment Schedule No. «EEE» is executed and delivered and interest commences to accrue thereunder. This Designation is attached to and made a part of Equipment Schedule No. «EEE». EXECUTED on «DDD». «CCC», as Lessee Signature: Printed Name: Title: A-7-1 EXHIBIT B INCUMBENCY CERTIFICATE I do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of «CCC», a «III» organized under the laws of the State of «RRR», 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 Equipment Lease - Purchase Agreement No. «BBB» dated «AAA» (the "Agreement") and Equipment Schedule No. «EEE» thereto dated «DDD» (the "Schedule"), each between «CCC» and «SSS», as lessor, and that certain Escrow Agreement dated «DDD» (the "Escrow Agreement"), among «CCC», «SSS» and «W W W», as escrow agent. NAME TITLE SIGNATURE I hereby further certify that the individual named below holds the office set forth opposite his/her name and is duly authorized to execute Certificates of Acceptance and Payment Requests and other documents relating to the Agreement, the Schedule and the Escrow Agreement. [SEAL] NAME TITLE SIGNATURE IN WITNESS WHEREOF, I have duly executed this Certificate and affixed the seal of «CCC» hereto «KKK». B-1 (Secretary/Clerk) (other than the person signing the documents) «SSS» «TTT» «UUU» EXHIBIT C OPINION OF LESSEE'S COUNSEL (PLEASE FURNISH THIS TEXT ON ATTORNEY'S LETTERHEAD) «DDD» Re: Master Equipment Lease -Purchase Agreement No. «BBB» dated «AAA» and Equipment Schedule No. «EEE» thereto Ladies and Gentlemen: As counsel for the «CCC» ("Lessee"), I have examined the Master Equipment Lease -Purchase Agreement No. «BBB» duly executed by Lessee and dated «AAA» (the "Master Lease'), which has been incorporated by reference into Equipment Schedule No «EEE» dated «DDD» ("Equipment Schedule No. «EEE»"), each between Lessee and «SSS», as lessor ("Lessor"), the form of the Certificate of Acceptance and Payment Request (the "Certificate of Acceptance") attached to Equipment Schedule No. «EEE», the Escrow Agreement dated «DDD» (the "Escrow Agreement"), among Lessor, Lessee and «W W W», as escrow agent, and the proceedings taken by the governing body of Lessee to authorize on behalf of Lessee the execution and delivery of the Master Lease, Equipment Schedule No «EEE», the Certificate of Acceptance and the Escrow Agreement. The Master Lease, Equipment Schedule No. «EEE», the Escrow Agreement and the related Certificate of Acceptance are herein collectively referred to as the "Transaction Documents." Based upon the foregoing examination and upon an examination of such other documents and matters of law as I have deemed necessary or appropriate, I am of the opinion that: 1. Lessee is a «III» duly organized and legally existing as a political subdivision, municipal corporation or other local government unit under the Constitution and laws of the State of «RRR» with full power and authority to enter into the Transaction Documents. 2. The Transaction Documents have each been duly authorized, executed and delivered by Lessee. Assuming due authorization, execution and delivery thereof by Lessor, the Transaction Documents constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their respective terms, subject to any applicable bankruptcy, insolvency, moratorium or other laws or equitable principles affecting the enforcement of creditors' rights generally. 3. The Equipment to be leased pursuant to the Lease constitutes personal property and when subjected to use by Lessee will not be or become a fixture under applicable law. 4. Lessee has complied with any applicable public bidding requirements in connection with the Transaction Documents and the transactions contemplated thereby. 5. No litigation or proceeding is pending or, to the best of my knowledge, threatened to restrain or enjoin the execution, delivery or performance by Lessee of the Transaction Documents or in any way to contest the validity of the Transaction Documents, to contest or question the creation or existence of Lessee or its governing body or the authority or ability of Lessee to execute or deliver the Transaction Documents or to comply with or perform its obligations thereunder. There is no litigation pending or, to the best of my knowledge, threatened seeking to restrain or enjoin Lessee from annually appropriating sufficient funds to pay the rental payments or other amounts contemplated by the Lease. 6. The resolution adopted by Lessee's governing body authorizing the execution and delivery of the Transaction Documents and certain other matters was adopted at a meeting that was held in compliance with all applicable laws relating to the holding of open and public meetings. 7. The entering into and performance of the Transaction Documents do not and will not violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of Lessee or on the Equipment (as such term is defined in the Master Lease) pursuant to any indenture, mortgage, deed of trust, bank loan or credit agreement or other instrument to which Lessee is a party or by which it or its assets may be bound. 8. The correct legal name of Lessee for purposes of the «RRR» Commercial Code is «CCC». C-1 This opinion may be relied upon by purchasers and assignees of Lessor's interests in the Lease. [A copy of this opinion may be furnished to , Special Tax Counsel in connection with the Lease, which is authorized to rely on this opinion in rendering its opinion as Special Tax Counsel.] Respectfully submitted, Attorney C-2 EXHIBIT D FORM OF AUTHORIZING RESOLUTION A RESOLUTION OF THE GOVERNING BODY OF «CCC», AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE -PURCHASE AGREEMENT, AN ESCROW AGREEMENT AND SEPARATE EQUIPMENT SCHEDULES WITH RESPECT TO THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT; AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION. WHEREAS, «CCC» (the "Lessee"), a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of «RRR», is authorized by the laws of the State of «RRR» to purchase, acquire and lease personal property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the Lessee desires to purchase, acquire and lease certain equipment constituting personal property necessary for the Lessee to perform essential governmental functions; and WHEREAS, in order to acquire such equipment, the Lessee proposes to enter into that certain Master Equipment Lease - Purchase Agreement (the "Agreement") and separate Equipment Schedules from time to time as provided in the Agreement with «SSS» (the `Lessor") and that certain Escrow Agreement with the Lessor and «WWW», as escrow agent, the forms of which have been presented to the governing body of the Lessee at this meeting; and WHEREAS, the governing body of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement and the separate Equipment Schedules as provided in the Agreement for the purchase, acquisition and leasing of the equipment to be therein described on the terms and conditions therein provided; Now, THEREFORE, BE IT AND IT Is HEREBY RESOLVED by the governing body of «CCC» as follows: Section /. Approval of Documents. The form, terms and provisions of the Agreement, the Escrow Agreement and the separate Equipment Schedules as provided in the Agreement are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the of the Lessee or other members of the governing body of the Lessee executing the same, the execution of such documents being conclusive evidence of such approval; and the of the Lessee is hereby authorized and directed to execute, and the of the Lessee is hereby authorized and directed to attest and countersign, the Agreement, the Escrow Agreement and each Equipment Schedule and any related Exhibits attached thereto and to deliver the Agreement, the Escrow Agreement and each Equipment Schedule (including such Exhibits) to the respective parties thereto, and the of the Lessee is hereby authorized to affix the seal of the Lessee to such documents. Section 2. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement, the Escrow Agreement and each Equipment Schedule to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Certificates of Acceptance and Payment Requests and any tax certificate and agreement, each with respect to separate Equipment Schedules, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement, the Escrow Agreement and each Equipment Schedule. Section 3. No General Liability. Nothing contained in this Resolution, the Agreement, the Escrow Agreement, any Equipment Schedule nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, the Escrow Agreement, any Equipment Schedule or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the rental payments payable under each Lease are special limited obligations of the Lessee as provided in such Lease. Section 4. Appointment of Authorized Lessee Representatives. The and of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of the Agreement, the Escrow Agreement and each Equipment Schedule until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Agreement, the Escrow Agreement and each Equipment Schedule. D-1 Section 5. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 6. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shalt not be construed as reviving any bylaw, order, resolution or ordinance or part thereof. Section 7. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. ADOPTED AND APPROVED by the goveming body of the Lessee this day of , 20 . [SEAL] ATTEST: By: Name: Title: «CCC», as Lessee By: Name: Title: APPROVED as to form: D-2 Attorney EXHIBIT E ESCROW AGREEMENT LESSOR: «SSS» ESCROW AGENT: «WWW» «TTT» «XXX» «UUU» «YYY» LESSEE: «CCC» «FFF» THIS ESCROW AGREEMENT (this "Escrow Agreement") is made «KKK», among «SSS» ("Lessor"), the «CCC» ( "Lessee "), and «WWW» (the "Escrow Agent"). Lessor and Lessee have heretofore entered into that certain Master Equipment Lease -Purchase Agreement No. «BBB» dated «AAA» and Equipment Schedule No. «EEE» thereto dated «DDD» (collectively, the "Lease"). The Lease contemplates that certain Equipment described therein (the "Equipment ") is to be acquired from the vendor(s) or manufacturer(s) thereof. After acceptance of the Equipment by Lessee, the Equipment is to be leased by Lessor to Lessee pursuant to the terms of the Lease. The Lease contemplates that Lessor will deposit with the Escrow Agent cash in the amount of $«MMM» (the "Purchase Price"), to be held in escrow by the Escrow Agent and applied on the express terms and conditions set forth herein. Such deposit, together with all interest and additions received with respect thereto (hereinafter, the "Escrow Fund"), is to be applied from time to time to pay the vendor(s) or manufacturer(s) of the Equipment its invoice cost (a portion of which may, if required, be paid prior to final acceptance of the Equipment by Lessee). The Escrow Fund is to be held for the account and benefit of Lessee, and Lessee has granted to Lessor a security interest in the Escrow Fund. The parties desire to set forth the terms on which the escrow is to be created and to establish the rights and responsibilities of the parties hereto. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The Escrow Agent hereby agrees to serve as escrow agent upon the terms and conditions set forth herein. The Escrow Agent agrees that the Escrow Fund shall be held irrevocably in trust for the account and benefit of Lessee and all interest earned with respect to the Escrow Fund shall accrue to the benefit of Lessee and shall be applied as expressly set forth herein. To the limited extent required to perfect the security interest granted by Lessee to Lessor in the cash and negotiable instruments from time to time comprising the Escrow Fund, Lessor hereby appoints the Escrow Agent as its security agent, and the Escrow Agent hereby accepts the appointment as security agent, and agrees to hold physical possession of such cash and negotiable instruments on behalf of Lessor. 2. On such day as determined to the mutual satisfaction of the parties (the "Commencement Date"), Lessor shall deposit with the Escrow Agent cash in the amount of the Purchase Price; to be held by the Escrow Agent on the express terms and conditions set forth herein. The Escrow Agent agrees to accept the deposit of the Escrow Fund by Lessor with the Escrow Agent, and further agrees to hold the amount so deposited together with all interest and other additions received with respect thereto in escrow on the express terms and conditions set forth herein. 3. The Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that express purpose, which shall be clearly identified on the books and records of the Escrow Agent as being held in its capacity as Escrow Agent. Securities and other negotiable instruments comprising the Escrow Fund from time to time shall be held or registered in the name of the Escrow Agent (or its nominee). The Escrow Fund shall not, to the extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties hereto (except with respect to the security interest therein held by Lessor). 4. The cash comprising the Escrow Fund from time to time shall be invested by the Escrow Agent in such Qualified Investments (as hereinafter defined) in accordance with the written investment directions of the Lessee, which directions shall be set forth in a letter attached hereto as Exhibit E-1. Interest or other amounts earned and received by the Escrow Agent with respect to the Escrow Fund shall be deposited in and E- 1 comprise a part of the Escrow Fund. No investment shall be made that would cause the Lease to be deemed to be an arbitrage bond within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended. For the purpose of this paragraph 4, the term "Qualified Investments" means, to the extent the same are at the time legal for investment of the funds being invested: (i) direct general obligations of the United States of America; (ii) obligations, the timely payment of the principal of and interest on which is fully and unconditionally guaranteed by the United States of America; (iii) general obligations of the agencies and instrumentalities of the United States of America acceptable to Lessor; and (iv) money market funds, whose investment parameters target investments in securities as described above in points (i-iii); or such other investments permitted by a policy duly adopted by Lessee's governing body and approved by Lessor. 5. The Lessor and Lessee hereby authorize the Escrow Agent to take the following actions with respect to the Escrow Fund: a. From time to time, the Escrow Agent shall pay the vendor or manufacturer of the Equipment payments then due and payable upon receipt of the following: (a) a duly executed Certificate of Acceptance and Payment Request in the form attached as Exhibit A-1 to the Lease, (b) the vendor(s) or manufacturer(s) invoice(s) specifying the acquisition price of the Equipment described in the requisition request, and (c) any additional documentation required by Lessor. b. In the event that Lessor provides to the Escrow Agent written notice of the occurrence of an event of default under the Lease, the Escrow Agent shall thereupon promptly remit to Lessor the Escrow Fund. c. Upon receipt by the Escrow Agent of written notice from Lessor that the Purchase Price of the Equipment has been paid in full, the Escrow Agent shall apply the then remaining Escrow Fund, first to all reasonable fees and expenses incurred by the Escrow Agent in connection herewith as evidenced by its statement forwarded to Lessor and Lessee; and, second to Lessee, upon the express condition that Lessee hereby agrees to use such excess amount solely for capital expenditures as shall be approved by Lessee or, at the written direction of Lessee for application against the interest component of the Lessee's payment obligation under the Lease, as provided therein, unless otherwise agreed by Lessor. 6. The reasonable fees and expenses of the Escrow Agent incurred in connection herewith shall be the responsibility of the Lessee and are herein defined as the sum of S«LLL», for escrow services as described herein; plus any extraordinary expenses incurred by the Escrow Agent at the request of Lessor or Lessee. 7. The Escrow Agent shall have no liability for acting upon any written instruction presented by Lessee and Lessor in connection with this Escrow Agreement which the Escrow Agent in good faith believes to be genuine. Furthermore, the Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its own gross negligence, willful misconduct or bad faith. The Escrow Agent shall not be liable for any loss or diminution in value of the Escrow Fund as a result of the investment decisions made pursuant to Section 4, Qualified Investments at the direction of Lessee. 8. To the extent authorized by law, Lessee hereby agrees to indemnify and save the Escrow Agent harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder and which are not due to the Escrow Agent's gross negligence or willful misconduct. No indemnification will be made under this Section or elsewhere in this Escrow Agreement for damages arising solely out of gross negligence, willful misconduct or bad faith by the Escrow Agent, its officers, agents, employees, successors or assigns. 9. The Escrow Agent may at any time resign by giving at least 30 days' prior written notice to Lessee and Lessor, but such resignation shall not take effect until the appointment of the successor Escrow Agent. The substitution of another bank or trust company to act as Escrow Agent under this Escrow Agreement may occur by written agreement of Lessor and Lessee. In addition, the Escrow Agent may be removed at any time, with or without cause, by instrument in writing executed by Lessor and Lessee. Such notice shall set forth the effective date of the removal. In the event of any resignation or removal of the Escrow Agent, a successor Escrow Agent shall be appointed by an instrument in writing executed by Lessor and Lessee. Such successor Escrow Agent shall indicate its acceptance of such appointment by an instrument in writing delivered to Lessor, Lessee and the predecessor Escrow Agent. Upon the effective date of resignation or removal, the Escrow Agent will transfer the Escrow Fund then held by it to the successor Escrow Agent selected by Lessor and Lessee. E-2 10. This Escrow Agreement and the Escrow Fund established hereunder shall terminate upon receipt by the Escrow Agent of the written notice from Lessor specified in Section 5(b) or Section 5(c) hereof. 11. All notices hereunder shall be in writing, sent by certified mail, return receipt requested, or by mutually recognized overnight carrier addressed to the other party at its respective address shown on page 1 of this Escrow Agreement or at such other address as such party shall from time to time designate in writing to the other parties; and shall be effective on the date or receipt. 12. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. No rights or obligations of the Escrow Agent under this Escrow Agreement may be assigned without the prior written consent of Lessor and Lessee. 13. This Escrow Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof shall bind any party unless in writing signed by all parties. 14. The Escrow Agent may employ agents, attorneys and accountants in connection with its duties hereunder and shall not be liable for any action taken or omitted in good faith in accordance with the advice of counsel, accountants or other skilled persons. 15. This Escrow Agreement shall be governed by and be construed and interpreted in accordance with the internal laws of the State of «RRR,. E-3 IN WITNESS WHEREOF, the parties hereto have causcd this Escrow Agreement to be duly executed under seal as of the day and year first above set forth. LESSOR: «SSS» By: Title: LESSEE: «CCC» By: Title: ESCROW AGENT: «WWW» By: Title: E-4 «www» «XXX» «YYY» EXHIBIT E-1 INVESTMENT DIRECTION LETTER Re: Escrow Agreement dated «DDD», by and among «SSS», as Lessor, «CCC», as Lessee, and «W W W», as Escrow Agent Ladies and Gentlemen: Pursuant to the above -referenced Escrow Agreement, $«MMM» will be deposited in escrow with you on or about «DDD». Such funds should be invested in Qualified Investments (as defined in the escrow agreement) as follows: AMOUNT OF PLEASE CHECK DESIRED QUALIFIED INVESTMENTS: INVESTMENT 1. ❑ Direct general obligations of the United States of America; $ 2 ❑ Obligations — the timely payment of the principal of and $ interest on which is fully and unconditionally guaranteed by the United States of America; 3. ❑ General obligations of the agencies and instrumentalities of $ the United States of America acceptable to Lessor; 4 ❑ Money market funds whose investment parameters target $ investments in securities as described above; IF NONE OF THE ABOVE BOXES ARE CHECKED, INVESTMENT SHALL BE MADE IN MONEY MARKET FUNDS AS DESCRIBED IN THE FOURTH CATEGORY ABOVE, UNTIL THE LESSEE DIRECTS OTHERWISE. Very truly yours, «CCC» By: E-I-1 Name: Title: City of National City, California COUNCIL AGENDA STATEMENT mEETING DATE 08/02/05 AGENDA ITEM NO. 18 ITEM TITLE PREPARED BY EXPLANATION Resolution of the City Council of the City of National City Authorizing the Mayor to Execute an Agreement Between the City of National City and Principal Decision Systems International to Purchase TeleStaff Software Licenses Utilizing FY04 Urban Area Security Initiative Grant Funds Walter Amedeelil J DEPARTMENT Fire Mgmt. Analyst II (336-4556) Currently, the City's Police and Fire Departments must manually create daily rosters which is a time-consuming, tedious task that is further complicated by the need to minimize overtime, manage constant staffing requirements, ensure properly credentialed personnel are staffed, communicate with staff efficiently, and follow labor and department guidelines. The Police and Fire Department wish to team up with Principal Decision Systems International (PDSI) to integrate TeleStaff, an automated staff scheduling and notification software solution. The implementation of TeleStaff will save National City's command staff a tremendous amount of time building rosters each day, help minimize overtime costs, improve productivity, and ensure that the right skills are available on every shift. With the new telephone and rules -based system, the process is substantially automated. If someone calls in sick, the system records the absence, then identifies and contacts Police Officers/Firefighters with the proper credentials to fill the position. Environmental Review Financial Statement Minor training fund and annual maintenance impact; the Principal Decision Systems International Agreement is a fee for service with grant funds being utilized to purchase the software licenses. N/A >STAFF RECOMMENDATION Approve the Agreement between Principal Decision Systems International and the City of National City. Direct Staff to utilize FY04 Urban Area Security Initiative grant funds to purchase the TeleStaff software licenses. BOARD / COMMISSION RECOMMENDATION Account No. 4TTACHMENTS ( Listed Below) Resolution No. 1. Resolution. 2. TeleStaff License and Annual Service Agreement. A-200 (9/80) RESOLUTION NO. 2005 —165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND PRINCIPAL DECISION SYSTEMS INTERNATIONAL TO PURCHASE TELESTAFF SOFTWARE LICENSES UTILIZING FY04 URBAN AREA SECURITY INITIATIVE GRANT FUNDS WHEREAS, Principal Decision Systems International (PDSI) has developed a telecommunications/computer technology that consists of certain software known as TELESTAFF; and WHEREAS, PDSI imposes certain license requirements on customers desirous of purchasing licenses for TELESTAFF; and WHEREAS, the CITY desires to contract with PDSI to: (1) implement licenses to use TELESTAFF, (2) train CITY on its configuration and use, and (3) as applicable, implement all licenses necessary to use TELESTAFF; and WHEREAS, PDSI is willing to contract with CITY to: (1) grant CITY licenses to use TELESTAFF, (2) train CITY on its configuration and use, and (3) as applicable, grant all licenses necessary to use TELESTAFF; and WHEREAS, the Federal Department of Homeland Security allocated $11.3 million in grant funding to San Diego County through the Urban Area Security Initiative (UASI) Grant Program to be used to supplement equipment for police, fire and emergency medical personnel; and WHEREAS, the CITY'S portion of the Fiscal Year 2004 UASI grant funds totaled $68,363, which was divided equally between the police and fire departments; and WHEREAS, the City of San Diego Office of Homeland Security is responsible for coordinating the requests for equipment; and WHEREAS, the CITY wishes to use UASI grant funds to purchase licenses for TELESTAFF prior to the quotation deadline of August 30, 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the Agreement between the City of National City and Principal Decision Systems International for the purchase of licenses for TELESTAFF utilizing FY04 UASI grant funds. Said agreement is on file in the office of the City Clerk. -- Signature Page to Follow --- Resolution No. 2005 —165 August 2, 2005 Page 2 PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Rerizhxr TSIA TELESTAFF LICENSE AND ANNUAL SERVICE AGREEMENT This Agreement ("AGREEMENT") made by and between Principal Decision Systems International ("PDSI") that has its principal place of business at 625 The City Drive South, Suite 190, Orange, CA 92868, and National City, CA ("CUSTOMER"), that has its principal place of business at 1200 National City Blvd., CA shall be subject to the following terms and conditions: Whereas, PDSI has developed a telecommunications/computer technology which consists of certain software known as TELESTAFF; and Whereas, PDSI imposes certain license requirements on customers desirous of purchasing a license for TELESTAFF; and Whereas, CUSTOMER wishes to contract with PDSI to: (1) implement a license to use TELESTAFF, (2) train CUSTOMER on its configuration and use, and (3) as applicable, implement all licenses necessary to use TELESTAFF; and Whereas, PDSI is willing to contract with CUSTOMER to: (1) grant CUSTOMER a license to use TELESTAFF, (2) train CUSTOMER on its configuration and use, and (3) as applicable, grant all licenses necessary to use TELESTAFF; Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, PDSI and CUSTOMER do hereby agree as follows: 1. Ownership and License of TELESTAFF. . Except as provided herein at paragraph 2(b), PDSI hereby grants to CUSTOMER a license to use TELESTAFF in object code form. CUSTOMER shall abide by the terms and conditions of this license as stated herein. The parties recognize and acknowledge that ownership of TELESTAFF shall remain with PDSI 2. Copyright and Proprietary Protection. (a) TELESTAFF is owned by PDSI, and is protected by United States and intemational copyright laws and international trade provisions. CUSTOMER must treat TELESTAFF like any other copyrighted material. This License and CUSTOMER's right to use TELESTAFF shall terminate automatically if CUSTOMER violates any part of this AGREEMENT. In the event of termination for any reason other than non -renewal of Service and Support as described herein at Section 10, CUSTOMER must immediately return TELESTAFF and accompanying documentation to PDSI. (b) CUSTOMER shall not: (i) Modify TELESTAFF and/or merge it into another program for CUSTOMER use except by express, written permission from PDSI. Any portion of TELESTAFF merged into another program following the express, written permission from PDSI will be subject to the terms of this AGREEMENT; (ii) Reverse engineer, disassemble, decompile, or make any attempt to discover the source code or methodology of TELESTAFF. 3. Execution Date. The Execution Date is defined as the date this AGREEMENT is signed by an authorized agent of CUSTOMER. 4. Term. This AGREEMENT is effective and binding upon PDSI and CUSTOMER upon the Execution Date as defined in paragraph 3 herein and shall remain in effect for a term of one (1) year, unless terminated as provided herein. On each anniversary date thereafter, this AGREEMENT shall automatically renew for a term of one (1) year, unless otherwise terminated as provided herein. 5. Product Options. The following constitutes a list of TELESTAFF components and associated fees that CUSTOMER does hereby agree to purchase from PDSI available in connection with the use of TELESTAFF. See Appendix A for the definition of TELESTAFF Hardware Components and Appendix B for the definition of Implementation Services. Police Department Initial Component Fee TELESTAFF Software License for 175 Staff Members- $ 24,500 Sales Tax at .0775% on TELESTAFF Software License- $ 1,899 WEBSTAFF - PDSI Hosted Setup and First Year Service $ 2,500 TELESTAFF Implementation Services $ 16,000 Hardware • Enterprise Server Qty: 1 $ 2,500 (Split w/ Fire Department) Total Initial Acquisition Cost $ 47,399 10% Multi Agency Discount (4,740) Total Initial Acquisition Cost w/ Discount $ 42,659 1 Fire Department Initial Component Fee TELESTAFF Software License for 75 Staff Members- $ 10,500 Sales Tax at .0775% on TELESTAFF Software License- $ 814 WEBSTAFF - PDSI Hosted Setup and First Year Service $ 2,500 TELESTAFF Implementation Services $ 8,500 Hardware - Enterprise Server Qty: 1 $ 2,500 (Split w/ Police Department) Total Initial Acquisition Cost $ 24,814 10% Multi Agency Discount (2,481) Total Initial Acquisition Cost w/ Discount $ 22,333 City Departments Initial Component Fee TELESTAFF BASIC Software License for 300 Staff Members $ 25,500 Sales Tax at .0775% on TELESTAFF Software License- $ 1,976 TELESTAFF Implementation Services $ 1,000 Total Initial Acquisition Cost $ 28,476 10% Multi Agency Discount (2,848) Total Initial Acquisition Cost w/ Discount $ 25,628 6. Pricing. PDSI agrees to the fees reflected above in paragraph 5 until August 30,2005. Rerc'orr ,.;L.S `. 7. Payments. CUSTOMER agrees that all pricing and amounts due hereunder are based on United States currency and that all amounts remaining unpaid for more than thirty (30) days following the date of the invoice shall be subject to an interest charge at the monthly rate of 1.5%. CUSTOMER does hereby agree to the payment terms for each component. Initial Component Due TELESTAFF Software License and applicable Sales Tax On Execution Date TELESTAFF Implementation Services Net 30 Days from Execution Date TELESTAFF Hardware Components Net 60 Days from Execution Date WEBSTAFF Set Up and First Years Service Net 60 Days from Execution Date 8. Travel Expenses. CUSTOMER agrees to pay for all travel expenses related to TELESTAFF implementation and training services as defined in Appendix B. 9. Implementation Services. Implementation Services include configuration of TELESTAFF as defined in Appendix B. CUSTOMER acknowledges that additional training and/or reconfiguration requested by CUSTOMER will be at an additional cost. 10. Annual Service and Support. Service and Support of TELESTAFF is provided at no additional charge during the first twelve (12) months following the Execution Date. See Appendix C for the definition of Service and Support. CUSTOMER does hereby acknowledge that on each anniversary of the Execution Date, CUSTOMER may renew service and support under the following events: POLICE FIRE Initial Initial r Event Payment TELESTAFF - 1st Anniversary of the Execution Date $ 4,410 Subsequent anniversaries during term 5% maximum increase over previous period Event Payment TELESTAFF - 1st Anniversary of the Execution Date $ 1,890 Subsequent anniversaries during term 5% maximum increase over previous period CITY DEPARTMENTS Initial n Event Payment TELESTAFF - 1st Anniversary of the Execution Date $ 4,590 Subsequent anniversaries during term 5% maximum increase over previous period Should CUSTOMER elect not to renew Service and Support on the anniversary of any Execution Date, CUSTOMER acknowledges that any subsequent re -enrollment for Service and Support will only be accepted by PDSI after CUSTOMER cures the previous lapse in Service and Support by paying PDSI the Service and Support fee for the lapsed periods. In addition, CUSTOMER acknowledges that PDSI may assess CUSTOMER a Service and Support re -instatement fee that will not exceed ten percent (10%) of the Service and Support fee for the lapsed periods. PDSI reserves the right to discontinue Service and Support of previous releases of TeleStaff and WebStaff as defined in Appendix C. 11. WebStaff Usage: Access to TeleStaff via the web is provided through the WebStaff application hosted by PDSI. CUSTOMER does hereby acknowledge that on each event and for the fee specified below, CUSTOMER can renew access to WebStaff: POLICE Initial Event Payment 1st Anniversary of the Execution Date $ 3,500 Subsequent anniversaries during term 5% maximum increase over previous period FIRE Initial Event Payment 1st Anniversary of the Execution Date $ 1,500 Subsequent anniversaries during term 5% maximum increase over previous period Should CUSTOMER elect not to renew WebStaff access or fail to pay the usage fee specified above in advance the subsequent 12 month period, CUSTOMER acknowledges that PDSI will disable CUSTOMER access to WebStaff. 12. Limited Warranty. PDSI WARRANTS TELESTAFF TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND TO OPERATE IN REASONABLE ACCORDANCE WITH TELESTAFF USER MANUALS. HOWEVER, PDSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TELESTAFF WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF TELESTAFF WILL BE UNINTERRUPTED OR ERROR FREE. THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3 Pc, lc ih2 Tc,1 13. Limitation of Liability. PDSI'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDIES SHALL BE THE REPLACEMENT OF TELESTAFF UPON NOTIFICATION OF REPORTED DEFICIENCIES. IN NO EVENT WILL PDSI BE LIABLE TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY CLAIMS OR DAMAGES, INCLUDING ANY LOST WAGES, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE TELESTAFF EVEN IF PDSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 14. Indemnification. Each party to this Agreement shall hold harmless and indemnify the other, and its directors, officers, employees and agents, from/for any and all liability claims, losses, and/or damages suffered by the other party, arising from or directly related to this Agreement, which is/are attributable to the negligent or intentional misconduct of the other party. 15. Termination. This AGREEMENT shall terminate upon the following events: (a) In the case of an event of default (if CUSTOMER or PDSI fails to satisfy any of its respective covenants, duties or obligations under this AGREEMENT), the non -defaulting party shall have the option to terminate this AGREEMENT. In the event of default, the non -defaulting party shall give written notice to the defaulting party of the alleged default and give such party at least thirty (30) days in which to cure the alleged default. If the defaulting party does not satisfactorily cure its default, the non -defaulting party has the right to terminate upon thirty (30) days additional written notice stating the defaulting party's failure to cure the default; (b) By mutual consent between both parties; (c) After the initial term of the AGREEMENT, upon ninety (90) days written notice to the other party. 4 Ri'criA(oN / (e) (f) 16. Escrow. PDSI will provide CUSTOMER the TeleStaff source code provided that PDSI is no longer in business and that it cannot provide support even though CUSTOMER has remained in compliance with PDSI's Service and Support plan as defined in Section 10 above. 17. Miscellaneous Provisions. (a) Amendments. This AGREEMENT shall not be modified or amended except by another agreement in writing executed by the parties hereto. (b) Entire Agreement. This AGREEMENT, including Appendices A, B, and C attached hereto, supersedes all prior discussions, understanding and agreement between the parties with respect to the matters contained herein, and constitutes the entire agreement between the parties with respect to the matters contemplated herein. (c) Governing Law. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of California. (d) Notices. All notices, requests, demands and/or other communications required or permitted to be given or made by this AGREEMENT shall be in writing and shall be delivered by commercial ovemight delivery services which provides for receipt, or mailed by certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses referenced above. Any party may change its address for purposes of this AGREEMENT by notice in writing to the other party. No Waiver. No failure on the part of any party hereto to exercise, and no delay in exercising any right, power or remedy or partial exercise of any right, power or remedy by any party will preclude any other or future exercise of any other right, power or remedy or partial right, power or remedy. No express waiver of assent by any party hereto to any default in any term or condition of this AGREEMENT shall constitute a waiver of or an assent to any succeeding default in the same or any other term or condition hereof. Assignability. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, successors, assigns and personal representatives. IN WITNESS WHEREOF, the parties have signed this AGREEMENT on the day and year first above written. PDSI National City, CA (CUSTOMER) By: By: Title: Title: Date: 04/28/2005 Date: 5 Appendix A - TeleStaff Hardware Components Computers purchased through PDSI are manufactured by Dell Computer Corporation. Each computer is built to the specifications required by TeleStaff and includes components necessary to operate the features of each TeleStaff product model. Each computer is quality tested by Dell and is delivered to CUSTOMER ready to operate as intended. Following are the basic features and components included for each TeleStaff computer hardware option: TeleStaff Basic Server • Intel Pentium 2 GHz processor or better • 512 MB or greater RAM • 40 GB or larger Hard Drive • 48x CD-ROM Drive • 17" SVGA Monitor • V.90 Data/Fax Modem TeleStaff Telephony Server • TeleStaff Basic Server plus: • 4 port Dialogic Telephony system • Telephony system dongles (4 port) TeleStaff Database Server • TeleStaff Basic Server plus: • Sybase Studio database license (1 concurrent user) • Sybase Client database license (7 concurrent users) TeleStaff Enterprise Server • TeleStaff Basic Server plus: • 4 port Dialogic Telephony system • Telephony system dongles (4 port) • Sybase Studio database license (1 concurrent user) • Sybase Client database license (7 concurrent users) • Multimedia with speakers and microphone • Keyboard and mouse • Microsoft Windows XP Pro License • lomega 250M Zip Drive • 4 hours 7 x 24 onsite service (3 years) A-1 cat-t=1s?t, Appendix B - TeleStaff Implementation Services Partnership Aqreement For the fee specified in paragraph 5 of this AGREEMENT, PDSI will train CUSTOMER staffing administrators on the operation of TeleStaff and will train CUSTOMER on how to configure the TeleStaff system using CUSTOMER data. The following steps comprise the TeleStaff Implementation services: Hand -Off: Kick -Off: Preparation: Training — Module I Training — Module II Training - Configuration Training - Tuning During this internal phase, the appropriate PDSI account representative transfers information on the CUSTOMER to the PDSI Implementation Manager (IM). The IM is a project manager who is responsible for coordinating all activities necessary to implement TeleStaff for the CUSTOMER. During this phase, PDSI will send the CUSTOMER an Implementation Welcome Packet containing an overview of the Implementation Process and information on how to prepare for TeleStaff. During the Kick -Off phase, the IM and CUSTOMER hold a conference call to review the Welcome Packet, to establish CUSTOMER contacts required by PDSI during the Implementation Process, and to set dates tor training. During the Preparation phase, the IM and CUSTOMER will hold a conference call to review TeleStaff data fields, to instruct the CUSTOMER on how to use the data import tool, and to instruct the CUSTOMER on how to analyze and document their staffing rules. Also during this phase, PDSI provides the CUSTOMER with the necessary installation documentation and ships the TeleStaff hardware to the CUSTOMER. PDSI will provide audio/visual presentations to review TeleStaff end user features. The presentations correspond with the Module I training manual. The project team must review presentations prior to the Module II training class. The audio/visual presentations can also be used as a resource when the CUSTOMER provides user training. The Module II training class covers TeleStaff staffing features. This class is a pre -requisite for configuration training. The class is offered over the Internet or at PDSI's training facility in Orange, California. The CUSTOMER may select the option that best meets their needs. Option #1: If the CUSTOMER chooses to participate in the Module 11 training class via the Internet, the CUSTOMER will need to set up a training room so that each person has their own computer with the TeleStaff training database loaded. This allows for effective hands on training. The duration of the class is 7 hours and will be covered in one session. Option #2: The Module II training class at PDSI is held each Friday. The CUSTOMER may elect to participate in the Module II training class the Friday prior to the 5-day configuration training class so that attendees only need to make 1 trip to PDSI. The class begins at 9am and ends by 5pm. The TeleStaff implementation includes 5 consecutive days of configuration training at PDSI's facility in Orange, Califomia. The configuration training will be done on the CUSTOMER'S database. The 5 days of training at PDSI is limited to 2 staff members. PDSI recommends that CUSTOMERS send staffing and business rules experts to the training. The class begins each day at 9am and ends by 5pm. PDSI will provide a 2-day training class at the CUSTOMER'S site. The purpose of the class is to fine tune the configuration after the CUSTOMER has gone Live with TeleStaff. The CUSTOMER determines the agenda for this TeleStaff Tuning class. For information on additional advanced training courses offered by PDSI, please contact your TeleStaff Implementation Manager or your Account Executive. B-1 Appendix C — Annual Service and Support All Software Errors reported by CUSTOMER shall be resolved as set forth below. Initial response by PDSI will be based upon CUSTOMER's full description of the problem. Resolution response will be based upon the priority assigned by PDSI as defined below. If CUSTOMER determines that a Software Error exists, CUSTOMER shall notify PDSI by telephone. Telephone notification will be made to PDSI's support line at (800) 850-7374. "Normal Business Hours" are 8:00 AM through 5:00 PM (Pacific Standard Time), Monday through Friday, excluding holidays. The main support line will be answered either by an attendant or automated attendant at all hours. During Normal Business Hours, each trouble report will be assigned a Help Desk Log Number. The Log Number shall be used for all subsequent inquiries relating to the original problem. During Normal Business Hours, the attendant will ring the TeleStaff Support Department and the call will be handled according to the priority assigned by PDSI. In the case of priority -one problems, as noted below, CUSTOMER may be able to speak directly to a TeieStaff Support Representative if one is available. Outside of Normal Business Hours, Priority 1 support, as described in this appendix, will be made available through a pager system. The phone number is 800-850-7374. Priority 1 support is available 24 hours per day, 7 days per week to CUSTOMER's with LIVE status. All other problems will be handled on a callback basis. If requested or so stipulated in the response time criteria below, a PDSI representative will return the call in a manner consistent with the priority and order in which the call was received. CUSTOMER shall make every effort to respond to PDSI in a timely fashion when requests are made to follow-up calls or additional documentation on the reported problem. Priorities are assigned as follows: Priority One Hours of Availability: 24 hours/day, 7 days/week Description: A critical software error that severely impacts the ability of CUSTOMER to perform ALL automated staffing functions (TeleStaff is down). This level of priority is only available to CUSTOMER's that are using TeleStaff in a production environment (LIVE accounts ONLY). Initial Response: During Normal Business Hours, immediate response if a Support Representative is available. Otherwise, PDSI will respond with a call back within one hour. Outside of Normal Business Hours (including holidays), PDSI will respond with a call back within two hours. Resolution Response: PDSI will work aggressively to provide CUSTOMER with a workaround solution or to completely resolve the problem. Notification: It is the responsibility of CUSTOMER to alert PDSI of a possible Priority -One issue. PDSI will update CUSTOMER of progress frequently during problem resolution and notify CUSTOMER once the workaround has been provided or the problem has been resolved. Priority Two Hours of Availability FMonday through Prides, 6_30 AM to 6:00 PM, Pacific Standard Time. Description: 1 A non -critical software error, which prevents the user from performing a data entry or system administration function. These do not include cosmetic, documentation, or reporting problems. These also do not include questions or inquiries regarding the operation of the software or its installation and training. Initial Response: TDuring Normal Business Hours, PDSI will respond with a call back within three hours. Outside of Normal Business Hours (including holidayeL PDSI will respond with a call back the next business day Resolution Response: PDSI will provide a workaround for CUSTOMER when possible. PDSI will provide a problem resolution in the form of an Upgrade or modification to the Software in an upcoming Update. Notification: PDSI will notify CUSTOMER when a workaround has been provided or the problem has been resolved. Priority Three Hours of Availability: Monday through Friday, 6:30 AM to 6:00 PM, Pacific Standard Time. Description: All other software or documentation errors not described above. These include but are not limited to: Reporting errors or calculation problems Documentation inaccuracies Cosmetic issues Misspellings Product Enhancement requests Questions or inquiries relating to TeleStaff Software functionality, system administration or installation Initial Response: PDSI will respond to these items if specifically requested to do so at the time of the request. If a reply is requested, PDSI will respond within an average of twenty-four (24) hours during Normal Business Hours. Resolution Response: PDSI will correct documentation errors in doming releases of the documentation. Notification: If requested, PDSI will notify the CUSTOMER when a workaround has been provided or the problem has been resolved. C - 1 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 2, 2005 AGENDA ITEM NO. 19 ITEM TITLE TEMPORARY USE PERMIT — NC Middle School Use of Kimball Park for Phy Ed July 2005 to June 2006 PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from National City Middle School to use Kimball Park for Physical Education from July, 2005 until June, 2006. All students will be under direct supervision of a certified teacher and extra supervision will be used for street crossings at D & 18th. The fields will be used for physical education and during certain times the basketball courts will be used, as well. Each day, the estimated number of students will range from 200-250. Parks is recommending that the park not be used during scheduled special events and that the baseball fields not be used during times when games are scheduled. CEnvironmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION tret14,--e"--0 Approve the Application for a 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 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Middle School EVENT: Kimball Park Phy Ed usage DATE OF EVENT: July 2005 to June 2006 TIME OF EVENT: During school hours APPROVALS: FIRE PUBLIC WORKS/PARKS COMMUNITY SERVICE POLICE CITY ATTORNEY RISK MANAGER YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: COMMUNITY SERVICES There is a possible conflict in Kimball Park on Tuesday mornings from 8:30 a.m. until 1 p.m. as the Senior Softball League plays from July until December 2005. RISK MANAGER 1. Provide minimum limits of three million dollars per occurance of general liability insurance. 2. Name the City of National City, its officials, employees, agents, and volunteers as additional insureds on the policy. 3. Provide evidence of workers' compensation insurance for all employees. 4. The workers' compensation policy shall be endorsed with a waiver of subrogation in favor of the City Of National City. 5. Execute standard hold harmless. (Done) CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. PUBLIC WORKS/PARKS Parks: 1. Who will be responsible for the litter created by the activity at the park? 2. Tennis nets and basketball nets must be replaced as needed. 3. During special events throughout the year, the school would not be able to use the fields during these times. 4. Students would not be allowed on the softball/baseball fields when games are scheduled that day. 5. The school must provide a schedule notifying which fields would be used for activities and at what times. (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX) Jul-13-05 07:55A TRACE CREDIT SERV 7609310586 P.02 Event Location: Event Date(s): From ���t�"' to 40 65 Total Anticipated Attendance: Mcnth/Day/yea ( Participants) ( Spectators) Actual Event Hours: am/pm to am/pm Type of Event: _ Public Concert _ Fair _ Festival _ Community Event _ Parade Demonstration Circus — Block Party _ Motion Picture �,�t.}',,,�__� Grand Opening ^y� ,� ^other Event Title: t' ttt bm&L I IIjii Lb, 6 j441..t "'��A _ (lilt itQ Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: i02.[A.r7",v a, r //td itt—, For Profit /�� j,��ot-f Nofit s ,, Chief Officer of Organization(,��(Name) (,, �hji1�1— �fddAd. Aj� Applicant (Name): L4' Lva.,-t}lu,y" �.,�„ Address: V `b 1 D. L {, „(�, O q / C��6 Daytime Phone: ((el 6%-02640Evening Phone: (_) Fax: L....) Contact Person "on site" day of the event: _40- nt e.. Q-,-J_.) a, z_43 ,,,,r___., Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Jul-13-05 07:56A TRACE CREDIT SERV 7609310586 P.03 Is your organization a "Tax Exempt, nonprofit" organization? V YES _ NO Are admission, entry, vendor or participant fees required? _ YES ZNO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event, $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. L/Lt ata M4/1 641L) tzc:�u► , t ,Aa. 2 f. IL -�eL . � . 2/4cluA..4_2 /&et.) I� - (7}Liku-d-tf' 7:__ n ids taLb �.a.G - 1?t & .4na /0�1 J.L U 2 Jul-13-05 07:56A TRACE CREDIT SERV 7609310586 P.04 _ YES /NO Does the event involve the sale or use of alcoholic beverages? _ YES /NO Will items or services be sold at the event? If yes, please describe: aF y YES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain you route. 4eagle. 6.. C ezeraa 'r a wt.�-iu�[.A (h'ni.) - _ YES A[f io L Does the event involve a fixed venue site? If YES. attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: S: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Y 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: 1)(1 _ GAS _ELECTRIC CHARCOAL OTHER (Specify): Y, Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the Immediate area available to the public during the event) • Tables and Chairs Y Fencing, barriers and/or barricades ✓ Generator locations and/or source of electricity 30 Canopies or tent locations (include tent/canopy dimensions) Y. Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures S% Vehicles and/or trailers D Other related event components not covered above Y Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Jul-13-05 07:56A TRACE CREDIT SERV 7609310586 P.05 Please describe your procedures for both Crowd Control and Internal Security: ._.a r ile.w ..w u .ce ryl 1- 4frica& , uhsz2 _ YES O 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 1.40 Is this a night event? If YES, please state how the event and surrounding arse 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 your PARKING plan: 4 Jul-13-05 07:57A TRACE CREDIT SERV 7609310586 P.O6 Please describe your plan for DISABLED PARKING: 2770,� 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 V NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES ZNO Will sound amplification be used? If YES, please indicate: • / Start time: am/pm Finish Time am/pm _ YESv NO Will sound checks be conducted prior to the event? If 'YES, please indicate: Start time: emlpm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES r' NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES 1 NO Any signs, banners, decorations, special lighting? If YES, please describe: 5 Jul-13-O5 07:57A TRACE CREDIT SERV 7609310686 P.07 For Office 'Use Only Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval 6 City of National City PJBLIC 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 "Mi 4, 4 ) Person in Charge of Activity `Ind/at; .1Ja4 — L,61-, <�"z,` 0z/2) Address 17.0 t C. zi[. //S ./ Telephone J 9) 3 3fp- 1 b Date(s) of Use i/D - [p`Q 6 HOLp HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against ail claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permutes or permitee's agents, employees or contractors. /--,7/27/2, 7", Signature of Applicant Director of Fiscal Services July 13, 2005 Official Title Oats or bffrce Use holy Certificate of Insurance Approved Date 7 891-1 ZOO/ZOO d li/-1 -YYOad 1048Z:80 SOOZ-E l-lO Jul-13-05 07:57A TRACE CREDIT SERV 7609310586 P.08 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 organiz ation? (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 c5 (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) Act (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? 774,7 Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 Jul-13-05 07258A TRACE CREDIT SERV 7609310586 P.O9 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. L 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. i/ 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: 1/ No (P lease sign the form and submit it with the TUP Application) ,a/aAeg. .'tPe_ia, Signature 9 Date Jul-13-05 07:55A TRACE CREDIT SERV 7609310586 P-01 SWEETWATER UNION HIGH SCHOOL DISTRICT RISK MANAGEMENT OFFICE (619) 407-4900/FAX; 404-4901/email: Sharon.vega@suhsd.k12.ca.us FAX FROM: SHARON VEGA, A.R.M., C.P.D.M. DIRECTOR RISK MANAGEMENT The information contained in this facsimile message is Legally privileged and confidential information intended only for the use o f the individual or entity named below. lithe reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this telecopy is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via the U.S. Postal Service. Thank you. Date: 7-13-05 To: Kathleen Trees. VAX 336.1217 RE: 'fLP for National City Middle Attached is the Till' for National City Middle to use Kimball field for physical education students during the 2005-06 year. 1 have been in contact with your Risk Manager, Cassia Kossyta, regarding this urgent rcxlucst. The Hold lannless will he faxed to you separately as well as the certificate of insurance. 1 f you require any additional information please let me know, oD1e,x(i ),(1b-at.A• MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 2, 2005 AGENDA ITEM NO. 20 ITEM TITLE TEMPORARY USE PERMIT — Apostolic Assembly Temporary Trailers August 3, 2005 to September 1, 2006 at 125 Palm Ave, NC, CA 91950 PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from the Apostolic Assembly to install for Integrity Charter school, a classroom and one restroom at 125 Palm Ave. from August 3, 2005 to September 1, 2006. The temporary trailers will be removed after the permanent facility is completed. The trailers will be set up on August 3, 2005 at 8 a.m. and will be removed September 6, 2006 at 3: 30 p.m. At this time, the church does not have an active building permit for the construction of the new school facilities, but will soon submit plans to begin the process. Six parking spaces will be used for the temporary trailers. LJ Environmental Review __X_ N/A MIS Approval Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. 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 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Apostolic Assembly EVENT: Temporary Classroom Trailers DATE OF EVENT: August 1, 2005 to September 1, 2006 TIME OF EVENT: APPROVALS: BUILDING & SAFTEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 1. Fire access to be maintained at all times, as defined by Fire Code. 2. Access to be maintained at all times to all Fire Department connections and appliances (fire hydrants, sprinkler system connections, etc). 3. 2A:10BC fire extinguishers required at classrooms. Fire extinguisher locations to be plainly marked. 4. Fire alarm systems to be installed in classrooms. Installation to be accomplished by licensed contractor in compliance with California Fire Code 2001 edition and current NFPA Standards. FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at 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. BUILDING & SAFETY 1. Plans must be submitted to the Building & Safety Department for the new construction within 60 days. 2. Trailers will be removed prior to issuance of a Certificate of Occupancy for the new school facilities. (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX) L Type of Event: _ Public Concert Parade _ Motion Picture _ Festival — CgEoIL1414ilivaiI3 atFErY DEPT. _ Circus Blockfititt E i V E D <Other 0R../ ,047- / Cow ,iZX JUN 0 2 2005 Event Title:/ y2 i enfie Z`J"X 30 Event Location:/2S /�/�G�/7 NATIONAL CITY, CALIF. Event Date(s): From 8 / bS to 7-/_6, 47 Total Anticipated Attendance: Z. 0 -}r0lJc' , 5 Month/Day/Year ( /)C Participants) Actual Event Hours: e pm to.. a ( Spectators) Setup/assembly/construction Date: [Tr y//// Start time: e:61p/9/ Please describe the scope of your setup/assembly work (specific details): Tyra;] ,jtc>J :Cp �JS%.1f %�,•¢i�c`"�S �c� G/�if.2i i SG G G"C,:•sS n2 c',dt Dismantle Date ..7j e* Completion Time: :3;3C.) am 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. Fair _ Demonstration Grand Opening Sponsoring Organization: .6j0le— 5.5L".,�y�49): '' For Profit Chief Officer of Organization (Name) / �� h Not -for -Profit Applicant (Name): i9wP2� `i�.y��� 3 v (o - U �U`c7 Address: , 7 li.7 /1/f% G'rcit1G 77 a: 9/7,50 Daytime Phone:) 7'7 5 '3Evening Phone:0 7),? 777 Fax: (f 9) %75 sy Contact Person "on site" day of the event: 54,-j 74 4 7�0•Vil le vZ Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? RYES _ NO Are admission, entry, vendor or participant fees required? — YES NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles,. animals, rides or any other pertinent information about the event. 27-7 eiie _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES X NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. — YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES 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: D 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 X' ELECTRIC _ CHARCOAL X OTHER (Specify): 4//2Z 4 ➢ Portable and/or Permanent Toilet Facilities OrtPGf`' Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: 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: 77-. 17�, %. /GG/L / % / cam T�i�1� L ✓ FJ�✓ 7 l— 15 ���r•l i!2 YES pc, 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 gNO 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. S 7 /'fz' — JSiJ/mil/ rize: /7 - £'7 Lis%llE>l�lCirdT�4 Please describe your Accessibility Plan for access at your event by individuals with disabilities: C.G�2 Gc7lCG %�L= 7Z G/ .�� /?i,c-' Z. Please provide a detailed description of your PARKING plan: �2✓G:•r�G Ge."i•GG /-3F r/S c i / y //- Gl/C�• ioT//l /f . G%,ir� /cam /K-14 Please describe your plan for DISABLED PARKING: ��/ /7 -,4'Jz1 �`7�G CS i �lG ./1 4f//<- /. J/�fJCcf J ie -5 c�.*•J r 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: cc 77T/ NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YESXNO 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: Number of Bands: YES X NO Will sound amplification be used? If YES, please indicate: J ' Start time: am/pm Finish Time am/pm — YES,g NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES J(NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval 4 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 "05.5/OG/ . %sue=/-77/53)/, Person in Charge of Activity —57.gitJt»�4 ��,�,�� ve-z Address Telephor 1&?J - 5�,3 Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims; demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of App is Official Title Date o vurw Use Oily Certificate of Insurance Approved Date 7 fy RED UEST'fOR A WAIVERQF;FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and,submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization '11STO�i� /�sSE�Ji3 ©.� ihirie 11/ Gfry. • 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) • • 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: Signature No (P lease sign the form and submit it with the TUP Application) • V /7? "- ate 9 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 2.2005 21 AGENDA ITEM NO. ITEM TITLE PREPARED BY TEMPORARY USE PERMIT — 3rd Year Anniversary Event at Value Car, Inc. August 12-15, 2005 and September 2-6, 2005 at 13 National City Blvd. from 10 a.m. to 8 p.m. Joe Olson, 336-4210 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from Value Car, Inc. to erect a balloon on the top of their building structure at 13 National City Blvd on August 12-15, 2005 and September 2-6, 2005. Hours of operation are 10 a.m. to 8 p.m. A large balloon will be raised along with smaller balloons. • Environmental Review N/A MIS Approval Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. >STAFF RECOMMENDATION Approve the Applicatio for a Temporary Use Permit subject to compliance with all conditions of approval. Approved By: Finance Director Account No. 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 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Value Cars, Inc. EVENT: 3rd Anniversary Event DATE OF EVENT: August 12-15, 2005, September 2-6, 2005 TIME OF EVENT: 10 a.m. to 8 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at 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 two weeks 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. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) Type of Event: Public Concert Parade Motion Picture Fair _ Festival _ Community Event Demonstration Circus _ Block Party -4 Grand Opening _ Other Event Title: 3 eb y V i.= K SP.2.‘—{ JizJoST° ! ` Event Location: l AT1 Q LJ.Q A C rr—i I�LV VALOF e ANC . 5 Au,RAC AU‘ tS/oS J ' Event Date(s): From p Z,Q{ to Sri G, O5 Total Anticipated Attendance: 712kraq OG/a5 Month/Day/Year l..,o,$ae pay tom€ 'eon ( Participants) ( Spectators) Actual Event Hours: tO`.cbam/pm to g:oo am/pm Setup/assembly/construction Date: tJ jA -. Start time: Please describe the scope of your setup/assembly work (specific details): It .-�VZ.�— P Oa c sz s41�2 I kIt7t'T1? c(T . u3E_ V€-Mbiaes OE W AL Cif-1 _r 14 L1SrAc- t+ • C. 1 ) Dismantle Date:AFrEa2 EVENT Completion Time: e::�j am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. e R.fa►��_`� atc ( Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name): -R1L3L , �--, A51-1 I Address: I t) P1/4T1 NA'( <' 17ti1 N Ar (IT c24 1jq 9j Daytime Phone: (4)q)474 463/ Evening Phone: (A-8) On-7683 Fax: ((plg) 414- 2... Contact Person "on site" day of the event: 1U L. (-AA S H EM I ore_ CAI sit c S Pager/Cellular: RULUA4++6Nti $s8�` - oR3 —attar 13EN4((.5)3-/y 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): _YES Z O YESNO $ ti /4, Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ K.I /CI 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. s4 P f Vtt W jam_. C s s�� . �-`- t J Frr' . AAA -TA c) >(.5 WIZ 1�v ice/ S—t-�� � ©cue 3 21) V F tZ A t\ N I VF1.SA12_ki Lut GULL. `K o LA f3112 DA \ // 19J EE . ti O p//la AUC1 AA2 I0-5— 7) ,A 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: — YES VNO YES ZNO Does the event involve the sale or use of alcoholic beverages? _ YES XNO Will items or services be sold at the event? If yes, please describe: _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES 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 use of tents or canopies? If YES. Number of tent/canopies Sizes - - _ NOTE: A separate Fire Department permit is required for tents or canopies.-4 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: cs�-_sue 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 t 1 - NAu - ' U t N T>L , Number of portable toilets: (1 for every 250 people is required, unless the _ t applicant can show that ther 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: 3 Trash containers with lids: _ p Describe your plan for clean-up and removal of waste and garbage during and after the event: ow V (2) L' �J t 3 o. T . 3 Please describe your procedures for both Crowd Control and Internal Security: tJ �T _ 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: PL4c . ;LLUM I K/4 7 I EtlefEy Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. • U 1.- .4-v 15 7- A 13,oxc 2mArnnc3t T-A-1 TA- _IN 4. 4- 1liruannVI t✓ col- t�) ,2� . f Please describe your Accessibility Plan for access at your event by individuals with disabilities: Kfoe- -- 50c1 ,4cc€ssILi II `jc i s . Please provide a detailed description of your PARKING plan: 1 rJ 6cvu r341-C---P6 Please describe your plan for DISABLED PARKING: P orY) Jc -44.4Ltc505 OE .041y . A- h5A OLED 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: N O - (}J to) M.() I G A2e- (bVS • NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _ YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES _ NO Any signs, banners, decoration i �kJ Oc.k.jCLC ial lighting? If YES, please describe: Revised 10/3/01 For Office Use Only Event: 5 2D YEA-2 ,4 V/'i 1 V [-Q,S,4 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. v Organization I UJF- i 2 E ,1I: j C__ Person in Charge of Activity t- P UL WAS U Em ► S f Address 1 IJAT1 Dl1A L, Ci ri,, 31_1b Telephone (61 4 -4- 463Date(s) of Use $1 I 2)r7S -"D g 115 ©6 91 2105. -6 CI) HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims; demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. ignature of Applicant Official Title For Office Use Only 7(/2 /6S Date Certificate of Insurance Approved Date 7 RE UESTf6R A . .. WAIVER L}F: FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form andsubmit 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.) f 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) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 2, 2005 22 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Common Man Wealth Industries/Kids Say Nope To Dope -- Nope to Dope Park Rally Saturday, August 27, 2005, 11 a.m. to 4 p.m. at Las Palmas Park PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXT. EXPLANATION This TUP was approved on July 19, 2005, however the applicant has requested to change the date of the event. This is a request from Kids Say Nope To Dope to conduct the Nope To Dope Park Rally event at Las Palmas Park from 11 a.m. to 4 p.m. on Saturday, August 27, 2005. The event will include music, an Astrojump, games, arts and crafts as well as a drug prevention message. Prizes will also be provided. Hot dogs and hamburgers will be prepared on gas and charcoal grills. A portable C.D. player and a worship team will provide entertainment. LJ ( Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. >STAFF RECOMMENDATION a MIS Approval Approved By: Finance Director Account No. Approve the new date for event. 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 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Kids Say Nope To Dope EVENT: Kids Say Nope To Dope Park Rally DATE OF EVENT: Saturday, August 27, 2005 TIME OF EVENT: 1:00 p.m. to 4:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 1. Fire access to be maintained at all times. 2. Access to be maintained at all times to all Fire Department connections and appliances (fire hydrants, sprinkler system connections, etc.) within the area of the event. 3. Provide metal container with lid for disposal of hot coals. Container to be labeled "HOT COALS ONLY." 4. Provide at minimum 2-A:10-B:C fire extinguisher. POLICE No Police involvement requested or required. Planned activity, sponsor and group size mitigate any security concerns or need for police presence beyond normal beat patrols. RISK MANAGER 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 Placement of all signs and banners shall not encroach into street right-of-way. All signs and banners shall be placed as follows: 1. Along Euclid Ave 15' (fifteen feet) from the curb face. 2. Along "U" Ave and 1 s` St. 10' (ten feet) from the curb face. FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at 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 two weeks 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. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) PUBLIC WORKS/PARKS Parks Division: 1. A permit is required for Astrojump and can be obtained through the Community Services department. 2. Extra trash cans will be provided. CITY ATTORNEY 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 insureds, with amounts of coverage to be determined by the Risk Manager. (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX) • • City of National City Building & Safety Department 336-4210 June 24, 2005 TEMPORARY USE PERMIT APPLICATION EVENT: Nope to Dope Park Rally EVENT DATE: July 30, 2005 TO: PLANNING I ENGINES NG (2) ✓ 1 / COMMUNITY SERVICES +✓ POLICE / RISK M4NAGER FINANCE V FIRE " / CITY ATTORNEY- ENGINEERING (1) ,/ PUBLIC WORKS / DUE DATE: JULY 1, 2005 PLEASE REVIEW THE ATTACHED TEMPORARY USE PERMIT APPLICATION AND RETURN YOUR WRITTEN COMMENTS AND/OR APPROVAL TO THE BUILDING AND SAFETY DEPARTMENT BY THE ABOVE DATE. THANK YOU, Joe Olson Building and Safety Department Type of Event: _ Public Concert Parade Motion Picture _ Fair _ Festival Demonstration _ Circus _ Block Party _ Grand Opening 'Other Community Event Event Title: N ® per-- /cP -e-- Pao,- k ea/ (y Event Location: Event Date(s): From s%,� C )u%1'�j3 Total Anticipated Attendance: / d Month/Day/Year ( Participants) ( Spectators) Actual Event Hours: / / am/pm to q.00am Setup/assembly/construction Date: ki/A 6,/ 30Start time: 61 Please describe the scope of your setup/assembly work (specific details): P.A " syS-ke,l-t , AS-AS-14M t f ides Dismantle Date: ILLAA,Xiompletion Time: �0 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. Sponsoring Organization: K i 01 S . P +0 For Profit C ,1 Q Chief Officer of Organization (Name)LA/v � (.;rA Not -for -Profit .) Applicant (Name): CC- 4 A) (Ad Ije` W p..ite — Address: l l H 04-77 S4 Spy ' kick- I IQ �/ G�- 7 / Daytime Phone: V720-��� ` vening Phone: ( ) _Fax: (�) Contact Person "on site" day of the event: l ' LA-�)C/-c-J jJ I--Q--- Pager/Cellula( 71 q?-1 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 J Is your organization a "Tax Exempt, nonprofit' organization? AYES _ NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. 49. - Estimated Expenses for this event. $1Q. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. /1,1 CA_ ) ,) 3 „, lcs,- -_, �? eS YES / NO If the event involves the sale of cars, will the cars come exclusively from l National City car dealers? If NO, list any additional dealers involved in the sale: 2 • _ YES 1L NO _ YES /NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: _ YES JNO 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. 1_ 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 use of tents or canopies? YES: g Number of tent/canopies 9 Sizes ^ --X(R NOTE: A separate Fire Department permit is quire to 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: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas (o L O 5 (� Please describe how food will be served at the event: 'T ?}O� g0„i9A 6 LAYL — A) Po 0 Ala Par e_Qr; I !S If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must 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: 6 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 4 c-F- AA k,--k Please describe your procedures for bpth Crowd Control and Internal Security: bases c/o 3 PC�V--(4 G1 ry c f L e per ' s.4r, A.t,, ;(� �1 u�-�-(-e- r� Yoha„k, SecL v A->e Q yA) S _ 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 1 NO Is this a night event? If YES, please state how the event and surrounding area. T will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Eq ipment. C _fit �� �� i /( sz pea U►- Plea a describe your Accessibility Plan for acc ss at yo event by individuals i disabilities: M Please provide a detailed description of your PARKING plan: r ' ( Pew ('� i' N f r'J �- p p.% l CJ_ V e l h (e e eS Please describe you plan for DISABLED PARKING:CA-5 5 peat cs2_(.._i-LA-0,7-1--- PckY keks ° S cgAi4 4 • • Please describe your plans to notify all residents, businesses and churches impacted by the event: c q 0 L4?Y; ADAlice 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: K:' Number of Bands, -) ''4t�p ���/`A- Type of Music: < 0 p 1c.„V ,y, r/ YES _ NO Will sound amplification be used? If YES, please indicate: Start time: ! t r3c5 pm Finish Time r _ W am! m� YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: ((YES _ NO Any signs, banners, decorations,special lighting? If YES, please describe: l` A)*7Y'S ✓,.'-,! "I d%9c')-^J.. 7CA+i 43/3S -c J() Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 • • • City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity (LLA,ocio 8kt3 bolo Address Telephone//) W7 56/ 5 Date(s) of Use J C.� Ly 'ec k dk /OOP e 4 P- HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims; demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title For Office Use Only 672 /K9 Date Certificate of Insurance Approved Date 7 • • Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and,submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring orgahization C-D ,tA_c,,J i✓tex Type of Organization &ea.. {' LjultcL (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 direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature ate MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 2, 2005 23 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Pinery Christmas Trees Pumpkin Station at Bonita Plaza Friday, September 30, 2005, to October 31, 2005, 10 a.m. to 9 p.m. at Bonita Plaza Mall adjacent to Outback Steakhouse PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from Pinery Christmas Trees to conduct the Pumpkin Station event at Bonita Plaza at 3030 Plaza Bonita Rd. from 10 a.m. to 9 p.m. daily from Friday, September 30, 2005 to October 31, 2005. This event will include children's rides (ages 2-9), games, popcorn, sodas, as well as the sale of pumpkins. Free entertainment will be provided on Saturday's and Sunday's. The Pinery will install fencing, set up rides, and set up canopies. Additionally, there will be a set up for electrical and water connectivity. Halogen lighting, string lighting, and light towers will provide illumination throughout the evenings. First aid kits are located on location, as well. Private security will be present during high -traffic periods each day. Tear down of the event will occur from November 1, 2005 until 5 p.m. on November 5, 2005. L Environmental Review X N/A MIS Approval /Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. >STAFF RECOMMENDATION Approved By: Finance Director Account No. for Temporary Approve the Application Use Permit subject to compliance with all conditions of approval 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 (Rev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Pinery Christmas Trees EVENT: Pumpkin Station at Bonita Plaza DATE OF EVENT: September 30, 2005 to October 31, 2005 TIME OF EVENT: 10 a.m. to 9 p.m. daily APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: RISK MANAGER 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 all policies. 3. Execure standard hold harmless with the Parking Authority as well as The City of National City. (Done) POLICE No specific police involvement requested or required. Applicant to have private security contract in place prior to the event. Past history of event reveals minor to zero problems. Combination of private security contracted by applicant & mall security will suffice. Beat units will be notified and will make periodic pass-by's as time allows. FIRE (619) 336-4550 1. Tents having an area in excess of 200 sq. feet and/or canopies in excess of 400 sq. feet or multiple tents and canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated and a permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by City Council. 2. No Open flames or smoking inside or adjacent to the tent/canopy. Signs to be posted — NO SMOKING. 3. Exitways to be maintained in an unobstructed manner at all times. Exitway to be clear of all obstruction for its entire width and length. 4. Exitways to be illuminated and posted. 5. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy-five (75) feet. 6. Fire safety inspection to be conducted by fire department personnel, prior to opening to the public. 7. Fire Department access roads shall be provided and maintained at all times. 8. Automobiles and other internal combustion engines shall be a minimum of thirty (30) feet from all tents and canopies. 9. Access to be maintained at all times to all Fire Department connections and appliances (fire hydrants, sprinkler system connections, etc.). FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at 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 Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. City of National City Building & Safety Department 336-4210 July 8, 2005 TEMPORARY USE PERMIT APPLICATION EVENT: Pumpkin Station at Bonitz Plaza EVENT DATE: September 30 to October 31, 2005 TO: PLANNING ENGINEERING (2) COMMUNITY SERVICES POLICE RISK MANAGER FINANCE FIRE CITY ATTORNEY ENGINEERING (1) PUBLIC WORKS DUE DATE: July 19, 2005 PLEASE REVIEW THE ATTACHED TEMPORARY USE PERMIT APPLICATION AND RETURN YOUR WRITTEN COMMENTS AND/OR APPROVAL TO THE BUILDING AND SAFETY DEPARTMENT BY THE ABOVE DATE. THANK YOU, Joe Olson Building and Safety Department Type of Event: _ Public Concert Parade _ Motion Picture Fair Demonstration — Grand Opening Festival Circus ZC Other Event Title: r umPJ<m sr/} %/O %/✓ Event Location: SON/7' P4134 Cad Q, f eAt /to hit Community 'a 'S4 Block Party * Fpz. 4U /Y7 1104,4 00118 <'005 nn L/ ��k Os'M ekSt DA ) Event Date(s): From S/,i- to % /ides Total Anticipated Attendance: ( Participants) Actual Event Hours: ! 0 Month/Day/Year mto ? Setup/assembly/construction Date: ( Spectators) am/n Start time: h' 41ts 7 Please describe the scope of your setup/assembly work (specific details): Z./stela— Ponsirl ,5..274 ti/ ee✓Pec, SET K/P n r✓d�/e.� $efMp /C r .2c7',-'ca.P 3�' Y-t%t,718iz. / � /7 Dismantle Date: � ' �% Completion Time: � 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. yort)6 Sponsoring Organization: / /44Y Chief Officer of Organization (Na e) /R,�y�rw/ mR.py Applicant (Name): 4¢.1/ For Profit Not -for -Profit ar, es doAEA/ 6- Address: J 2 (QS f j20D2s-uie hJ LJ9 5441 0/.9,/.9/ Daytime Phone: (Usn.7444Evening Phone: ( )5t»tF Fax: 00 f36 -Qa 7 Z. i•'e atozvzivE Pager/Cellular: 831 O /?- /7%Q/ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Contact Person "on site" day of the event: 1 Is your organization a "Tax Exempt, nonprofit" organization? _ YES NO Are admission, entry, vendor or participant fees required? YES X, NO If YES, please explain the purpose and provide amount(s): R ^ 4 $ /S0l ODD Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ / 5DI DDO 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. &pQ 41171dae _ YES — NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES ,NO Does the event involve the sale or use of alcoholic beverages? YES - NO : Will items or services be sold at the.event? If yes, please describe: Ptinp) ins , e4/Id k4A.J,ie s 9 rmts,. ✓ peptorspoic _ YES KNO ' Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ,YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. l( YES _ NO Does the event involve these of tents or canopies? Ij YES: Number of tent/canopies Sizes /-316(30 /'.101Y41;1 3- ZO We • NOTE: A separate Fire Department permit is required for tents or canopies. 0 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 avid/o1- Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be•served at the event:pDpcD YA' 0 30 SD If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL . OTHER (Specify): > Portable and/or Permanent Toll Facilities Number of portable toilets: 13 (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 D. Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: pfe k Pt" 3-Li ii'ne.s . ,4- a, s tie..e__a/e1 3 Please describe your procedures for both Crowd Control and Internal Security: E. Aire FAIvat7Ce .S'.JGKri / GitiAYd S CIblr//Y'ii"• t period — _ YES ZNO 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 b,e illuminated to ens re safety of the participants and spectators: tis4. xa,Loy Qn S7W ,.1.9 L�� �5 Please indicate what arrange ent you � made for pro iding irst Aid St ffing and Equipment. r.J.Q ha re i le 7" .97 aKi 7' $ vDIA9A6 t4.� -titt. Le)c a7 tw' Please escribe your Accessibility Plan •r acce s at yourev nt by individuals with di abilities: /3 J7 C�¢...- rPle provide a detailed des ripti n of your PARKING plan: 49.1$ / .12 v - .J'' /a v%Xs A, ova.i . a Let_ /.v 'oh /7 —PIA paw//C•/ L.o 7 Please describe your plan for DISABLED PARKING: ae. 741)-Z v-e-- 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 ,lO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES 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 )4 o Fireworks, rockets, or other pyrotechnics? If YES, please describe: Y'ES _ NO Any signs, banners, decorations, special lighting? If YE , please describe: fMG�.Q Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claimsit 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 to - a under the permit by the permittee or its agents, employees or contra • rs. Si. • : ure of pplicant At,S i c/e,t t Official Title 7 -f~oS Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring orgaiiization • 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) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date Pumpkin Station Bonita Plaza Shopping Center Temporary Use Permit Application Description of Event: Pumpkin Station is a pumpkin patch and a children's carnival combined We cater to children age 2-9. We offer numerous rides including a boat ride, car ride, swing ride, bumble bee swing ride, lil' toot ride, inflatable slide, inflatable pumpkin jump, and petting zoo. Pumpkin Station also provides free entertainment on Saturday & Sunday's which include magicians, ventriloquist, jugglers, live animal show and puppet show (4 shows per day each weekend). Also available are 4 different games for the children, Turtle Fishing, Pumpkin Toss, Tic Tac Toe, and Ping Pong Toss with a winner every time. Pumpkin Station also offers Group Packages to local schools, day care centers and other children groups. Pumpkins We offer a very large selection of pumpkins from 1# size to Bodacious Pumpkins weighing over 150#. We also offer bales of straw, corn stalks, gourds of all sizes, and other holiday decorating items. Siena& We have 2 signs — on at our entrance (4' X 8) and one on our storage trailer (10' X 40). Experience This is our 7rh year of experience operating Pumpkin Station —1 year at Plaza Camino Real in Carlsbad, 3 years at Mission Valley Shopping Center in San Diego and the last 3 years at Bonita Plaza Shopping Center. VU m7 4 i n .7 J ,et H 1u n/ OW Pba34 E.t/%2>I NG �mQrGanG Ail II- ^\p i'L1f1 o n ZoD 30 Ap/2c 5,zim oPl p - && h/5hC-77 3cx Do's adi de)'/i/JJSh<eA) 6 ,Ihor S e May 4, 2005 Kathleen Trees City of National Building & Safety Department t24 National City National City, CA 9195743 1 Dear Kathleen: 5 H O P P I N O T O W N PLAZA 131TMTA 3030 Plaza Donna Road, Sans 207, National Coe, CA 91960-8007 Telephone 19191287-2850 Facsimile 16191 472•S63,2 1 hereby authorize Norm Osborne, acting as representative of Pinery Christmas Trees, Inc., to operate a Pumpkin Station in the Parking Lot known as Lot #2 at Westfield Plaza Bonita during the dates 9/30/175 through 10131/05. He has permission to install two (2) temporary power poles in Parking Lot #2 to provide power during the Ptmtpkin Station occupancy. Pumpkin Station wilt begin installation in Parking Lot #Z at Westfield ?raze Bonin! approximately September 9, 2005. Please calf me if ymt have any additional question� Thank you. Sinewely, Donna Kudrick Specialty Leasing Manager Westfield Plaza Bonita " City of National City, California COUNCIL AGENDA STATEMENT imEETING DATE AUGUST 2 , 2005 AGENDA ITEM NO. 24 ITEM TITLE WARRANT REGISTER #01 PREPARED BY Finance DEPARTMENT EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #01 per Government Section Code 37208. EXT. ( Environmental Review Financial Statement Not applicable. N/A MIS Approval Approved By: Fina,_- Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,347,799.56. BOARD / COMMISSION F COMMEN AT ea l � 2996 ed ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #01 2. Workers Comp Warrant Register dated 06/29/05 3. Payroll Warrant Register dated 06/29/05 A-200 (Rev. 7/03) City of National City WARRANT REGISTER K 01 7/5/05 Payee Description chk no chk date amount JEFF KATZ ARCHITECTURE MAY 2005 SRVCS-NC FIRE STAITON 200135 7/5/05 3,375.00 MARCOITE & HEARNE BUILDERS 'THROUGH JUNE 13, 2005 SRVCS-FIRE STATIOI 200136 7/5/05 176,309.79 RUDOLPH AND SLETTEN, INC MAY 2005 CNSTRCTN MGMT SRVCS-FIRE STA 200137 7/5/05 9,773.00 MAAC PROJECT MAAC PROJECT DINNER 202090 6/30/05 250.00 AAA RADIATOR WAREHOUSE. RADIATOR 202091 7/5/05 105.16 ACE UNIFORMS & ACCESSORIES,INC WHITE. LION STATION SHIRTS. 202092 7/5/05 803.13 AIRGAS-WEST MOP 45714 COMPRESSED OXYGEN 202093 7/5/05 392.41 ALL AMERICAN SEWER TOOLS MHC 12 VERSI-CLAM - 12 FT 202094 7/5/05 406.44 ALI.STATF. INSURANCE, CO REND COST OF REPORT OVRPMNT #0504493 202095 7/5/05 4.00 ALLSTATE INSURANCE CO REND COST OF REPORT OVRPMNT #0504342 202096 7/5/05 4.00 LPHA OMEGA SERVICES ANNUAL SCBA MASK FIT TF.ST FOR 202097 7/5/05 630.00 AMERICAN FORENSIC NURSES SUSPECT BLOOD. WITHDRAWALS, URINE TES' 202098 7/5/05 554.00 AMERICAN ROTARY BROOM CO., INC POLY & WIRE MATERIAL KIT 202099 7/5/05 837.74 ANDERSON REIMB COST OF A WHITE. BOARD FOR H S P 202100 7/5/05 50.42 ARCO GASPRO PLUS FUEL FOR CITY FLEET AS NEEDED FOR FY 202101 7/5/05 23,974.08 ARROYO BROTHERS MATERIAL- f (Q,t 6/cwt." PGA COV 0. 202102 7/5/05 2,529.81 ASBURY ENVIRONMENTAL SERVICES USED OIL PICK UP 202103 7/5/05 87.00 AV GUYS VIDEO EQUIPMENT RENTAL 202104 7/5/05 145.46 AWARDS BY KAY ASSORTED 10851 PINS AS FOLLOWS, 202105 7/5/05 196.57 BARON CENTER INC MANAGEMENT COACHING PROGRAM DR MA 202106 7/5/05 1,500.00 BISHOP REIMB FIRE DEP DEDICATION CEREMONY 202107 7/5/05 44.66 BONITA PET HOSPITAL. EMERGENCY ANIMAL CARE FOR STRAY ANII 202108 7/5/05 514.00 BOYD RETIREE HEALTH BENEFITS JULY 2005 202109 7/5/05 145.00 BUSTAMANTE REFUND OVFRCHRGD FOR OF SEWER CHRGS 202110 7/5/05 207.36 C W REED JR RETIREMENT 2000964-S90 JULY 2005 202111 7/5/05 981.51 CALIFORNIA POI.ICE EQUIPMENT MOP 50746 RADIO HLDR 202112 7/5/05 290.82 .ARQUEST AUTO PARTS MOP 47557 - PART 202113 7/5/05 7.22 CENTURY WHEEL & RIM AIR KIT WITH COIL SPRINGS 202114 7/5/05 80.64 CHEVRON USA, INC. MOP 45699 - CITY GAS 202115 7/5/05 279.61 1 CI-IILDREN'S HOSPITAL CHILD SEXUAL ASSAULT EXAMS AS NEEDED 202116 7/5/05 346.00 CHING REFUND DUPLICATE PMT CITATION#P54238 202117 7/5/05 35.00 CINGULAR WIRELESS WIRELESS SRVC #113782899 202118 7/5/05 151.78 CIRCUIT CITY DIGITAL PROJECTOR 202119 7/5/05 1,239.11 CITY OF SAN DIEGO JPA COSTS, ARMS UTILIZATION, DIRECT & 202120 7/5/05 8,171.25 CITY-WIDE ELECTRONICS QUARTERLY SECURITY ALARM MONITORI.NC 202121 7/5/05 109.50 CODE3 COMMUNICATIONS REPAIR SIGTRONICS SE8 HEADSET. 202122 7/5/05 66.79 COLLINS STRATEGIC GROUP, INC. FACILITATOR FOR CPRC 202123 7/5/05 4.933.88 COLLINS STRATEGIC GROUP, INC. FACILITATOR FOR CPRC t. 202124 7/5/05 2,920.17 CORPORATE EXPRESS MOP 45704 TONER CTRG LASR 4i OFF1(.E Sy46202125 7/5/05 3,434.13 COUNTY OF SAN DIEGO G H M PERMIT RENEWAL 7/31/05 TO 7/31/06 202126 7/5/05 669.00 DAPPER TIRE COMPANY TIRES FOR THE FLEET, AS NEEDED FOR 202127 7/5/05 362-75 DATA TICKET INC DAILY PARKING PROCESSING MAY 201)5 202128 7/5/05 2,488.80 DAVID MORSE & ASSO., INC. REND COST OF REPORT OVRPMNT #0505166 202129 7/5/05 4.00 DAY WIRELESS SYSTEMS FY05 SERVICE AGREEMENT FOR 202 130 7/5/05 1,608.29 DEFRATIS RETIREE HEALTH BENEFITS JULY 2005 202131 7/5/05 120.00 DEPT OF TOXIC SUBSTANCES CNTRL 2004 MANIFEST FEE 202132 7/5/05 37.50 DICERCHIO RETIREE HEALTH BENEFITS JUI.Y 2005 202133 7/5/05 70.00 DIRECTV DIRECTV SUBSCRIPTION 202134 7/5/05 97.80 DISPLAYS2GO 6' WOODEN EASEL 202135 7/5/05 378.96 DIXIELINF. LUMBER CO. MOP 45707 GLOVES 202136 7/5/05 495.98 DOUGLAS E. BARNHART, INC MAY 2005-CONSTRCTN MGMT-NEW LIBRARY 202137 7/5/05 18,262.00 DREW FORD MOP 49078 - BEARING/SEAL 202138 7/5/05 434.07 DREW 125 PI.AN REIMBURSEMENT 06/30/05 202139 7/5/05 192.24 DURRA INK MOP 46766 202140 7/5/05 88.83 EWERT, PHILLIP RETIREE HEALTH BENEFITS JULY 2005 202141 7/5/05 160.00 EXPRESSTEL LONG DISTANCE CARRIER #4-30387-1 202142 7/5/05 303.94 FIRE ETC INV#6993270634/70869/72158/75153-BOOTS 202143 7/5/05 1,293.69 FIRST AMERICAN REAL ESTATE SOL METROSCAN ANNUAL MAINTENANCE JUN 0` 202144 7/5/05 2,493.00 FRANK TOYOTA HANDLE ASSY, FRONT DOOR 202145 7/5/05 80.75 HAMILTON RETIREE HEALTH BENEFITS JULY 2005 202146 7/5/05 100.00 HARTS AUTO SUPPLY BRAKE PARTS 202147 7/5/05 160.00 HEALTH NET IIEALTII NET-57135E APR/DANIEL K ARTIIUR 202148 7/5/05 309.97 HEARTLAND COMM. FAC. AUTHORITY DISPATCH PAGING SERVICES 202149 7/5/05 1,282.15 HRADECKY 125 PLAN REIMB/HRADECKY RUDOLF 202150 7/5/05 89.88 HYDRO-SCAPE PRODUCTS INC. RAIN BIRD POPUP SPRAY 3IN BODY ONLY 202151 7/5/05 699.45 2 ICE, INC. COMPRESSOR 202152 7/5/05 674.52 'NSURANCE SRVCS OF TAMPA INC REND COST OF REPORT OVRPMNT #0505018 202153 7/5/05 4.00 INTERNATIONAL CODE COUNCIL INC ICC ONLINE COIJRSF.S TAKEN BY CANTERO F 202154 7/5/05 139.00 IRON MOUNTAIN RECORDS MGMT IRON MOUNTAIN STORAGE FEES 202155 7/5/05 75.00 JAMES EXPENSES FOR STATION #34 REIMBURSEMED 202156 7/5/05 18.34 JAYNES CORPORATION ESCROW RETENTION/MAY ACCT# 2010160619 202157 7/5/05 46,391.00 JAYNES CORPORATION OF AMERICA MAY 2005 SRVCS-CONSTRCTN OF LIBRARY 202158 7/5/05 881,427.00 JEFF KATZ ARCHITECTURE APR 2005 SRVCS-NC CITY HALL REMODEL 202159 7/5/05 264.80 JERAULD'S AUTOMOTIVE INC. MOP 45724 - FIRE TRUCK 202160 7/5/05 274.35 KAMAN SPROCKET 202161 7/5/05 54.00 KIMBLE RETIREE HEALTH BENEFITS JULY 2005 202162 7/5/05 300.00 LASER SAVER INC MOP 45725 INKJET COMPATIBLES TONERS 202163 7/5/05 713.38 LOPEZ TRANSLATION SERVICES 6/21/05 202164 7/5/05 100.00 MAINTEX, INC. JANITORIAL SUPPLIES 202165 7/5/05 1,406.32 MARCOTTE & HEARNE BUILDERS THROUGH JUNE 13, 2005 SRVCS-FIRE STATIOI 202166 7/5/05 77.824.11 MASON'S SAW & LAWNMOWER SRVC MOP 45729 - BAR OIL 202167 7/5/05 6.75 MATIENZO RETIREE HEALTH BENEFITS JULY 2005 202168 7/5/05 100.00 AILOCK EDUC REIMBURSEMENT/MATLOCK 202169 7/5/05 125.00 MCCABE RETIREE HEALTH BENEFITS JULY 2005 202170 7/5/05 280.00 MCI COMM SERVICE MCI COMM SRVCS ACCT#7DG90181 202171 7/5/05 1.40 MERCURY INSURANCE COMPANY REND COST OF REPORT OVRPMNT #0504079 202172 7/5/05 4.00 MOBILE DATACOMM SAMSUNG A650 PHONES 202173 7/5/05 361.94 MOTOR BOOKS DOMESTIC SERVICE. 2 VOL. SET 202174 7/5/05 404.06 MYERS TIRE SUPPLY PILOT WIRE P/LUG 202175 7/5/05 168.63 MYERS RETIREE HEALTH BENEFITS JULY 2005 202176 7/5/05 140.00 NACOLE NACOLE MEMBERSHIP/CPRC 202177 7/5/05 300.00 NAPA AUTO PARTS MOP 45735 - AUTOMOTIVE PART 202178 7/5/05 699.88 NATIONAL CITY CHAMBER OF CHAMBER SUNDOWNER/MIXER 202179 7/5/05 14.00 NATIONAL CTIY DETAIL SHOP MOP 45737 VEHICLE 405 202180 7/5/05 75.00 NATIONAL CITY FIREFIGHTERS COMMUNITY EVENT ITEMS 202181 7/5/05 40.00 NATIONAL CITY FIREFIGHTERS PR EVENT ITEMS 202182 7/5/05 25.00 NATW, NATIONAL ASSOCIATION TSIIIRTS & HATS FOR NATIONAL NITE OUT 202183 7/5/05 2,034.00 NC SENIOR NUTRITION PROGRAMS CATERING 05/03/05-EMRGNCY OPERA'i'N DRII 202184 7/5/05 93.80 .EXUS INTEGRATION SERVICES PHONE 'MOVE- ADD- CHANGE' SERVICES, AS 202185 7/5/05 144.00 NOSAL, WILLIA-M A. RETIREMENT SETTLEMENT JULY 2005 202186 7/5/05 921.86 ONE 1-IOUR PHOTO STOP MOP 67534 PI-IOTO PROCESSING 202187 7/5/05 37.02 3 PARTS PLUS AUTOSTORE #713 MOP 64946 DISC PAD 202188 7/5/05 418.57 PERRY FORD MOP 45703 - ALIGNMENT 202189 7/5/05 722.86 POTTER RETIREE HEALTH BENEFITS JULY 2005 202190 7/5/05 150.00 POWERSTRIDE BATTERY CO INC #R558A-675 202191 7/5/05 437.12 PRUDENTIAL OVERALL SUPPLY MOP 45742 TOWEL BATH WHITE 202192 7/5/05 346.86 RAY RETIREE, HEALTH BENEFIPS JULY 2005 202193 7/5/05 190.00 REGENTS, U.C. PUBLIC RECORDS ACT CLASS AT UC RIVERS] 202194 7/5/05 155.00 RICOCHET MFG REPLACE ZIPPERS IN EMS JACKETS.- 202195 7/5/05 142.77 ROADLINE PRODUCTS, INC. U.S.A. PACKING KIT 202196 7/5/05 355.24 ROBERT C. STRONG & ASSOCIATES REND COST OF REPORT OVRPMNT #0504212 202197 7/5/05 4.00 RPM CLARKLIFT FILTER 202198 7/5/05 92.02 RUIZ RETIREE HEALTH BENEFITS JULY 2005 202199 7/5/05 310.00 RUSS' BEE REMOVAL BF.E REMOVAL FROM TREE IN FRONT OF 422 202200 7/5/05 550.00 SAFETY KLEEN PRM SOLVENT 202201 7/5/05 350.74 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#94282909927 202202 7/5/05 12,624.04 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#86482714057 202203 7/5/05 10,448.73 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#10441036857 202204 7/5/05 1,658.53 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#76860974845 202205 7/5/05 1,364.99 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#68199629265 202206 7/5/05 875.04 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#10439934345 202207 7/5/05 499.52 SBC/MCI TELECOMMUNICATION #C60-449-7549-555 202208 7/5/05 6,651.74 SBC/MCI TELECOMMUNICATION #619 477-97386438 202209 715/05 229.19 SCFMA MEMBERSHIP/FIRE ACADEMY 202210 7/5/05 120.00 SHARP REES-STEALY MED GROUP ANNUAL TB TESTING FOR 2005 FOR 202211 7/5/05 805.00 SHORT, CRAIG RETIREE HEALTH BENEFITS JULY 2005 202212 7/5/05 300.00 SHULTZ REIMB/RESERVE COMMANDER MEETING 6/21 202213 7/5/05 35.63 SIRCHIE FINGERPRINT LAB, INC. PORELON FINGERPRINT PAD 202214 7/5/05 82.11 SMART & FINAL MOP 45756 STORE MISC (NEW CAMPS) 202215 7/5/05 933.26 SMART & FINAL STORE #347 POPCORN CART, #770521 202216 7/5/05 600.50 SOFTCHOICE CORP. BRIGHTSTOR ARCSERVF, BACKUP FOR WIND 202217 7/5/05 518.48 SOLORZANO 04-05 SEWER SERVICE REFUNDS/SOLORZANC 202218 7/5/05 612.96 SOLORZANO 03-04 SEWER SERVICE REFUND/SOLORZANO 202219 7/5/05 257.28 SOUTHLAND AUTO BODY LABOR - VEHICLE 370 202220 7/5/05 604.07 STAPLES COLOR LAZER/COPIES 202221 7/5/05 344.48 STARTECH COMPUTERS MOP 61744 GIGABYTE 128MB 202222 7/5/05 333.91 STRATACOM MOP 63845 MAILING LABEL -CIVIC CENTER 202223 7/5/05 122.84 4 SUN BADGE COMPANY INC.. MOP 45761 SLIMLNE SUNTONE BADGE 202224 7/5/05 316.24 SWEETWATER AUTHORITY OVERPAYMENT CASE#0504107 202225 7/5/05 4.00 TARULLI TIRE SAN DIEGO INC MOP 47940 TIRE 202226 7/5/05 80.00 THE HANDLERY HOTEL & RESORT CSFMO LUNCHEON MEETING 6/23/05 202227 7/5/05 1,380.78 THE HOSE PROS HOSE - SAE 202228 7/5/05 102.64 THE LIGHTHOUSE, INC. MOP 45726 BULB 202229 7/5/05 49.83 THE STAR NEWS NC22902/NC22765-ADS/ORDINANCE 202230 7/5/05 1,040.38 THE STAR NEWS PUBLICATION MAY 27, 2005 202231 7/5/05 430.50 TOM MOYNAHAN MOP 45734 TOWING SERVICE 06/11/05 202232 7/5/05 50.00 TOPECO PRODUCTS MOP 63849 STOCK 202233 7/5/05 [52.51 TURF STAR V-BELT 202234 7/5/05 201.78. VERSATILE INFORMATON PRODUCTS PUMA -I DIGITAL VOICE RECORDER PACKAG_ 202235 7/5/05 1,900.91 VISTA PAINT 2 WAY ZINC BALL VALVE 202236 7/5/05 289.31 WAWANESA INSURANCE REND COST OF REPORT OVRPMNT #0505081 202237 7/5/05 4.00 WEST GROUP PAYMENT CENTER THOMSON-WEST 05/21/05 THROUGH 06/20/05 202238 7/5./05 523.67 WESTFIELD CORPORTION INC REFUND DEVELOPMENT FEES 202239 7/5/05 16,366.00 WESTFLEX INDUSTRIAL ASSEMBLY 5 FT HYDL HOSE 202240 7/5/05 442.73 'ILLY'S ELECTRONIC SUPPLY MOP 45763 WIPES/FLASH DRIVE/PATCH CORE 202241 7/5/05 608.98 ZIETLOW, DAVID RETIREE I-IEALTII BENEFITS JU1.Y 2005 202242 7/5/05 150.00 AMERICAN RESIDENTIAL SERVICES AC SERVICING 202243 7/5/05 348.75 BAYSHORE TRANSIT MGMT INC PAYROLL CK DTD 07/01/05 202244 7/5/05 48,427.40 BUCK PETROLEUM COMPANY LUBRICANTS 202245 7/5/05 934.45 CNTAS CORPORATION #694 MAINT LAUNDRY SERVICE 202246 7/5/05 215.68 DHL EXPRESS (USA) INC. SHIPPING CHARGES 202247 7/5/05 31.98 EXXONMOBIL/GECC FUEL FOR STAFF VEHICLES 202248 7/5/05 25.00 GREAT AMERICAN INSURANCE CO WORKER COMP DEPOSIT FY06 ^/%C fcit4PIA 202249 7/5/05 53,647.25 IDEA ART, INC. CERTIFICATE SUPPLY 202250 7/5/05 48.60 INDUSTRIAL SUPPLY DISTRIBUTORS SHOP SUPPLIES 202251 7/5/05 76.44 JANKOVICH COMPANY DIESEL FUEL 202252 7/5/05 13,763.90 KAMAN INDUSTRIAL TECHNOLOGIES 002 AER HOSES 202253 7/5/05 473.09 KIMBALL MIDWEST 80509 CLEANER 202254 7/5/05 278.97 MAAC PROJECT 40TH ANNIVERSARY DINNER GALA 202255 7/5/05 125.00 METROPOLITAN TRANSIT SYSTEMS ADULT PASS, JUNE 202256 7/5/05 58.00 A;1'L CITY CHAMBER OF COMMERCE SAFETY FAIR BOOTH AND ADVERTISING 202257 7/5/05 810.00 NEW FLYER PARTS BRAKE ASSY 202258 7/5/05 2,753.03 ORANGE COUNTY SALES, INC. GENERAL CLEANER 202259 7/5/05 1,169.89 5 PROCHEM SPECIALTY PRODUCTS INC CLEAR GLASS CLNR CONCENTRATE 55GL 202260 7/5/05 417.80 SAN DIEGO TRANSII' CORPORATION TELE INFO LINE-.1LINE'05 202261 7/5/05 2,410.92 SHERMAN SUPERSONIC INDUSTRIES AUTO PARTS 202262 7/5/05 336.13 SO CAI, TRUCKSTOP PROPANE 202263 7/5/05 19.05 SOS ROOTER INC. REPAIRS TO LADIES BATHROOM 202264 7/5/05 225.00 STEEL MAGNOLIA DISPLAY ADVERTISING 202265 7/5/05 500.00 THE LIGHTHOUSE AUTO PARTS 202266 7/5/05 121 43 TOPECO PRODUCTS TAMPER PROOF SCREWS 202267 7/5/05 159.47 VALLEY INDUSTRIAL SPECIALTIES LAVATORY FAUCET 202268 7/5/05 86.48 CALIFORNIA LIBRARY ASSOC. MEMBERSHIPS AND SUBSCRIPTIONS 202269 7/5/05 120.00 Workers compensation checks Total 1,489,737.10 10164 6/29/05 13.64 10165 6/29/05 495.00 10166 6/29/05 495.00 10167 6/29/05 59.29 10168 6/29/05 59.29 10169 6/29/05 367.02 10170 6/29/05 566.85 10171 6/29/05 57.71 10172 6/29/05 384.03 10173 6/29/05 235.26 10174 6/29/05 156.84 10175 6/29/05 436.24 10176 6/29/05 250.94 10177 6/29/05 16.40 10179 6/29/05 265.04 10180 6/29/05 72.25 10181 6/29/05 100.00 10182 6/29/05 37.98 10183 6/29/05 296.84 10184 6/29/05 72.57 10185 6/29/05 393.35 10186 6/29/05 730.04 10187 6/29/05 167.41 6 PAYROLL Pay period Stan Date End Date Check Date 10188 6/29/05 79.53 10189 6/29/05 76.88 10190 6/29/05 69.18 10191 6/29/05 400.00 10192 6/29/05 1,192.40 10193 6/29/05 30.60 10194 6/29/05 320.00 10195 6/29/05 92.08 10196 6/29/05 32.30 10197 6/29/05 5,076.77 Total 13,098.73 256 6/7/05 6/20/05 6/29/05 Total 844,963.73 GRAND TOTAL 2,347,799.56 TRANSIT WARRANTS CK#202243-202268 26 CHECKS $ 127,463.71 PAID OUT OF HUD GUARANTEED LOAN FUND ACCT FOR THE CONSTRUCTION OF THE NEW FIRE STATION. CK#200135-200137 3 CHECKS $ 189,457.79 7 001 104 105 125 136 154 171 172 173 174 189 208 211 212 222 230 241 242 246 250 254 273 275 276 280 301 302 307 552 626 627 628 629 630 631 632 643 724 City of National City WARRANT REGISTER #01 7/5/05 GENERAL FUND LIBRARY FUND PARKS MAINTENANCE FUND SEWER SERVICE FUND TINY TOT CLASSES FUND STATE PUBLIC LIBRARY FUND LIBRARY SCHOOL DISTRICT CNTRCT TRASH RATE STABILIZATION FUND NATIONAL SCHOOL DIST CONTRACT SWEETWATER SCHOOL DIST CONTRAC CIVIC CENTER REFURBISHING SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) SECURITY AND ALARM REGULATION FUND PERSONNEL COMPENSATION FUND WOW MOBILE GRANT FY 2000-2001 ABANDONED VEHICLE ABATEMENT GRANT NATIONAL CITY LIBRARY STATE GRANT N. CITY LIBRARY MATCHING FUND WINGS GRANT NEW FIRE STATION CONSTRUCTION LEAD -BASED PAINT HAZARD REDUCTION GRANT CBAG-MAJOR MEXICAN TRAFFICKERS EASY VOTER GUIDE GRANT LI TERACY SERVICES YEAR 2 AMERICORPS/CNCS YEAR 2 GRANT GRANT-C.D.B.G. CDC PAYMENTS PROPOSITION A" FUND TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SYS 1 EMS MAINTENANC OFFICE EQUIPMENT DEPRECIATION TELECOMMUNICATIONS REVOLVING GENERAL ACCOUNTING SERVICES MOTOR VEHICLE SVC FUND COBRA/RETIREE INSURANCE TOTAL 683,048.28 44,609.66 20,104.92 12,621.46 48.38 891.67 1,274.71 3,350.66 2,589.66 5,852.05 264.80 1,900.91 1,283.33 10,594.89 4,344.42 3,142.85 615,198.32 331,260.64 5,002.62 189,457.79 8,651.33 2,761.61 810.28 574.22 5,344.53 10,682.82 92,057.97 3,961.95 127,444.94 43,983.88 16,768.75 6,826.97 8,225.85 3,816.00 12,894.08 18,587.10 47,255.29 309.97 2,347,799.56 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DI TOR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2ND DAY OF AUGUST 2005. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT ..,FETING DATE August 02, 2005 AGENDA ITEM NO. 25 ITEM TITLE WARRANT REGISTER #02 PREPARED BY Finance EXPLANATION DEPARTMENT City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #02 per Government Section Code 37208. CEnvironmental Review Financial Statement Not applicable. N/A STAFF RECOMMENDATION Approved By: `/A Finance •: `ctor Account No. I recommend ratification of these warrants for a total of $ 432,181.12. BOARD / COMMISSION RECOjlMENDATI�N 7 ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #02 2. Workers Comp Warrant Register dated 07/06/05 A-200 (9;99) Payee ACCOUNTEMPS ACCOUNTEMPS ALLSTATE INSURANCE CO ALLSTATE INSURANCE CO AMERICAN FORENSIC NURSES AMERICAN ROTARY BROOM CO., I AMERIGAS - SAN DIEGO ANNING-JOHNSON COMPANY BATTERY SPECIALTIES BOOT WORLD SUTLER'S MILL, INC. CAPF C.C. SERV., INC. CALDWELL CALIFORNIA COMMERCIAL SECUR CALIFORNIA LAW ENFORCEMENT CHICK'S ELECTRIC MOTOR, INC. CINGULAR WIRELESS CINGULAR WIRELESS CITY OF NATIONAL CITY CONRAD AND ASSOCIATES, LLP CONSTRUCTION ELECTRONICS IN CORPORATE EXPRESS CWEA D-MAX ENGINEERING INC )APPER TIRE COMPANY City of National City WARRANT REGISTER # 02 7/12/0_5 Description chk no TEMP SRVCS MARY-JO REBELEZ W/E 06/24/05202270 TEMP SRVCS PATRICK MORRIS W/E 06/24/05 202271 COSTS OF REPORT OVERPAYMENT CASE#05(202272 COSTS OF REPORT OVERPAYMENT CASE#05(202273 SUSPECT BLOOD WITHDRAWALS, URINE TE5 202274 MOP 62683 SWEEPER PARTS TANK RENTAL & PROPANE FOR FIRE DEPT 202275 202276 BUSINESS LICENSE REFUND/JOHNSON COMP202277 DRY CELL BATTERIES MOP 64986 - BOOTS EDGAR MOP 45694 TREES FIRE/LTD JULY 2005 WATERBLAS1D WALLS 202278 202279 202280 202281 202282 REFUND OF PERMIT FEE/CALDWELL PATRIC]202283 MOP 45754 KEYS PD/LTD JULY 2005 MOP 45700 REPAIR MOTOR WIRELESS SRVCS ACCT#0045518590 WIRELESS SRVC #043-739367 PETTY CASH 1ST PROGRESS BILLING CNC AUDIT 06/30/05 JUNE 2005 MAINT CONTRACT POLICE/FIRE MOP 45704 OFFICE SUPPLIES RENEWAL/CA WATER ENVIRONMENT T&A #834 PROJECT -REPORT 2340 E 8TH ST TIRES FOR THE FLEET, AS NEEDED FOR 202284 202285 202286 202287 202288 202289 202290 202291 202292 202293 202294 202295 chic date 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 amount 1,480.00 1,086.72 4.00 4.00 1,186.00 325.13 1,388.82 65.00 147.79 318.91 1,191.62 624.00 9,276.88 20.00 53.63 1,696.50 493.01 531.77 7.46 743.08 4,500.00 843.55 191.27 49.50 1,623.00 147.68 1 Payee DELTA DENTAL DELTACARE (PMI) DIGITAL NETWORKS GROUP, INC DIXIELINE LUMBER CO. DREW FORD DURRA INK ENVIRONMENTAL BUSINESS ENVIRONMENTAL HAZARDS SERV EXPERIAN FORESTRY SUPPLIERS, INC. FORTIS BENEFITS FORTIS BENEFITS INSURANCE CO FORTIS BENEFITS INSURANCE CO FORTIS BENEFITS INSURANCE CO GRAINGER HARRIS & ASSOCIATES IIEALTH NET HEALTH NET IIEALTH NET HEALTH NET HEALTH NET HOLLOWAY, WILLIAM HOME DEPOT/GECF HYDRO-SCAPE PRODUCTS INC. KAISER FOUNDATION HEALTH PLA KAISER FOUNDATION HEALTH PLA LASER SAVER INC City of National City WARRANT REGISTER # 02 7/12/05 Description DENTAL INS JULY 2005 DENTAL INS PMI-JULY 2005 chk no 202296 202297 PRODUCT COST FOR LIBRARY AV SYSTEM 202298 MOP 45707 COMBO KIT MOP 49078 BOLT MOP 46766 GARAGE SALE APPLICATIONS NOV 2004 SRVCS-2100 HOOVER AVENUE LEAD WIPE SAMPLES ANALYZED 202299 202300 202301 202302 202303 CREDIT CHECKS FOR NEW PD EMPLOYEES Fi 202304 FREIGHT CHARGES ONLY REF INV 928003 VTL JULY 2005 MGMT/LTD JULY 2005 LIFE INS JULY 2005 STD/LTD JULY 2005 MOP 65179 FOLDING SAW T&A #788 913-916 M AVE/920-921 NAVE HEALTH INS JULY 2005 HEALTH -ELECT INS JULY 2005 85027A HEALTH-RET INS/57135F JULY 2005 HEALTH-RET INS 85027B JULY 2005 IIEALTH NET-57135J JULY 2005 RETIREE HEALTH BENEFITS JULY 2005 STAPLES RB ESP-24LX CONTROLLER KAISER INS ACTIVE JULY 2005 KAISER RET INS JULY 2005 MOP 45725 CARTRIDGES 202305 202306 202307 202308 202309 202310 202311 202312 202313 202314 202315 202316 202317 202318 202319 202320 202321 202322 chk date amount 7/12/05 16,037.42 7/12/05 3,411.32 7/12/05 42,759.00 7/12/05 2,011.36 7/12/05 46.28 7/12/05 419.15 7/12/05 3,006.00 7/12/05 300.00 7/12/05 14.00 7/12/05 98.34 7/12/05 2,490.33 7/12/05 3,130.41 7/12/05 1,948.56 7/12/05 7,653.95 7/12/05 396.59 7/12/05 874.53 7/12/05 64,059.35 7/12/05 4,245.63 7/12/05 3,243.65 7/12/05 979.13 7/12/05 285.90 7/12/05 150.00 7/12/05 238.50 7/12/05 1,104.44 7/12/05 98,128.08 7/12/05 1,363.80 7/12/05 129.03 2 Payee LAVEY ROOFING SERVICES, INC. LONG'S DRUG STORES LOPEZ MASONS SAW & LAWNMOWER SR MEDINA MINUTEMAN PRESS MOBILE DATACOMM MSA MUNICIPAL AUDITING SERVICES N C CHAMBER OF COMMERCE NATIONAL CITY CAR WASH 'TC SENIOR NUTRITION PROGRAMS NEXTEL COMMUNICATIONS ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PASCASIO-REYES PERVO TRAFFIC CENTER POOL SUPPLY OF ORANGE COUNT PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RANDALL CONSTRUCTION REED REMEDY TEMP, INC. SAFELITE AUTOGLASS SANDAG SANTIAGO KILL PATH SEMINARS City of National City WARRANT REGISTER # 02 7/12/05 Description chk no REPAIR ROOFS AT EL TOYON RECREATION 202323 MOP 45727 PIIOTOS DEVELOP INTERPRETING SRVCS JUL 7, 2005 CHAINSAW S 202324 202325 202326 REIMB IAFF EMRGNCY CONE TRVL EXPNS 202327 MOP 47939 PAUU'S RETIREMENT INVITATIO1\202328 SAMSUNG A650 PIIONES/NEW & REPLACEME 202329 RENEWAL/MSA - JOE SMITH MAS BUSINESS DISCOVERY/UNLICENSED CITY ENHANCEMENT FUND JULY 2005 CAR WASHES FOR FLEET MAY 2005 CATERING/OPEN HOUSE/ENG & HR 4/19/0.5 WIRELESS SRVCS #481082028 MOP 67256 BREAKER DESKTOP ORGANIZERS, MODEL #D020, 202330 202331 202332 202333 202334 202335 202336 202337 COSTS OF REPORT OVERPAYMNT#200506172.202338 MOP 63846 SIGN EQUIPMENT LIQUID CHLORINE, $.81/GALLON. TO BE MOP 45742 MOPS SERVICE PERIOD 07-05-3 APR 2005 SRVCS-REMODEL NC CITY HALL 202339 202340 202341 202342 202343 REIMB/MEDIC SRVC CONFERENCE/REED WIL202344 TEMP SRVCS OCANO DOLORES E/D 05/01/05 W.O. # 029473 202345 202346 FY2006 SANDAG MEMBER AGENCY ASSESSM 202347 REFUND OF PERMIT FEE/SANTIAGO MICHAE1202348 SEMINAR/MARYZA GUTIERREZ 202349 chk date amount 7/12/05 13,800.00 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 7/12/05 8.62 100.00 1,252.84 115.42 387.78 175.94 60.00 162.50 4,995.83 476.00 375.00 62.79 253.89 691.30 4.00 1,196.44 349.11 146.95 61,547.89 4,108.06 116.59 151.77 134.71 11,441.00 20.00 399.00 Payee SMART & FINAL SOUTHERN CALIF TRUCK STOP STARTECH COMPUTERS SUN TRUST SWEETWATER AUTHORITY TARULLI TIRE SAN DIEGO INC THE STAR NEWS TIEMAN ULTIMATE OFFICE UNION BANK OF CALIFORNIA WILLY'S ELECTRONIC SUPPLY YOUNG ZAPATA ARCO GASPRO PLUS CORPORATE EXPRESS DIXIELINE LUMBER CO EW TRUCK & EQUIPMENT CO INC MYERS TIRE SUPPLY COMPANY NAPA AUTO PARTS NATIONAL CITY PUBLIC LIBRARY NEW FLYER PARTS PETRO-DIAMOND INC. PRINCIPAL FINANCIAL GROUP SAN DIEGO FRICTION PROD. SAN DIEGO GAS & ELECTRIC SBC SPANKY'S, INC. City of National City WARRANT REGISTER # 02 7/12/05 Description MOP 45756 STORE SUPPLIES MOP 45758 PROPANE MOP 61744 COMPUTER SUPPLIES NEW FIRE TRUCK RENTAL PMT#17 07/30/05 WATER BILLS/WASTEWATER#920-3000-0 MOP 47940 TIRE REPAIR LEGAL ADVERTISING JUL 18, 2005 MEETING 202356 REIMB/MEDICAL SRVC CONFCE/CHRIS TIEMi202357 DESKTOP ORGANIZERS, MODEL #D020, 202358 MAY05 TO APRO6 ADMIN FEES GO BONDS 202359 MOP 45763 INVERT 202360 REIMB FOR DISNEYLAND ADMISSION FEES 202361 MISC REIMB CITY MGR 202362 chk no 202350 FUEL FOR STAFF VEHICLES OFFICE SUPPLIES THORSEN RATCHET 202351 202352 202353 202354 202355 202363 202364 202365 AUTOMOTIVE PARTS AS NEEDED FOR FY040:202366 30 GAL COMPRESSOR AUTO PARTS LIBRARY DONATIONS MAN SLACK ADJUSTER DIESEL FUEL 401K PPE 06/25/05 HALDEX AUTOSLACK ADJUSTER ELECTRIC 05/31/05 - 06/30/05 PHONE 05/21/05 - 06/20/05 PORT-A-POTTIE SERVICING 202367 202368 202369 202370 202371 202372 202373 202374 202375 202376 chk date amount 7/12/05 351.98 7/12/05 35.48 7/12/05 2,836.34 7/12/05 5,009.63 7/12/05 20.14 7/12/05 155.00 7/12/05 210.12 7/12/05 111.51 7/12/05 214.83 7/12/05 1,134.10 7/12/05 607.13 7/12/05 232.00 7/12/05 158.08 7/12/05 458.21 7/12/05 230.09 7/12/05 18.40 7/12/05 235.47 7/12/05 2,101.13 7/12/05 118.24 7/12/05 29.85 7/12/05 321.94 7/12/05 14,792.94 7/12/05 1,429.95 7/12/05 451.04 7/12/05 1,681.88 7/12/05 289.98 7/12/05 396.43 4 City of National City WARRANT REGISTER # 02 7/12/05 Payee SPARKLETTS T Y CUSTOM DESIGN THERMO KING W.W. GRAINGER, INC. Description chk no chk date amount WATER 05/27/05 - 06/24/05 202377 7/12/05 100.84 AWARD PINS 202378 7/12/05 1,353.92 KIT CLUTCH 202379 7/12/05 1,486.46 LAMP 202380 7/12/05 169.54 Workers compensation checks Total $ 425,800.15 10198 7/6/05 11.69 10199 7/6/05 146.43 10200 7/6/05 139.76 10201 7/6/05 121.63 10202 7/6/05 110.66 10203 7/6/05 78.42 10204 7/6/05 548.94 10205 7/6/05 90.39 10206 7/6/05 186.40 10207 7/6/05 250.00 10208 7/6/05 184.82 10209 7/6/05 78.42 10210 7/6/05 78.42 10211 7/6/05 220.80 10212 7/6/05 101.79 10213 7/6/05 156.84 10214 7/6/05 221.65 10215 7/6/05 370.00 10216 7/6/05 400.00 10217 7/6/05 129.96 10218 7/6/05 325.75 5 City of National City WARRANT REGISTER # 02 7/12/05 Payee Description chk no chk date amount 10219 7/6/05 370.00 10220 7/6/05 20.40 10221 7/6/05 32.30 10222 7/6/05 168.00 10223 7/6/05 750.00 10224 7/6/05 1,087.50 Total $ 6,380.97 Grand Total TRANSIT WARRANTS CK#202363-202380 18 CHECKS $ 25,666.31 432,181.12 6 City of National City WARRANT REGISTER #2 7/12/05 001 GENERAL FUND 274,271.23 105 PARKS MAINTENANCE FUND 3,491.19 109 GAS TAXES FUND 129.30 111 P.O.S.T. FUND 39.52 125 SEWER SERVICE FUND 129.64 136 TINY TOT CLASSES FUND 216.66 196 CAPITAL PROJECT RESERVE 3,006.00 211 SECURITY AND ALARM REGULATIO 40.00 212 PERSONNEL COMPENSATION FUND 150.00 241 NATIONAL CITY LIBRARY STATE GR 27,793.35 242 N. CITY LIBRARY MATCHING FUND 14,965.65 253 RECREATIONAL ACTIVITIES FUND 232.00 254 LEAD -BASED PAINT HAZARD REDUC 316.63 259 LIBRARY BONDS DEBT SERVICE FUN 1,134.10 271 JOBS HOUSING BALANCE GRANT 9,276.88 301 GRANT-C.D.B.G. 5,064.55 302 CDC PAYMENTS 20,438.86 303 CAPITAL FACILITIES FUND 13,800.00 552 TDA 25,666.31 626 FACILITIES MAINT FUND 3,588.70 627 LIABILITY INS. FUND 6,380.97 628 GENERAL SERVICES FUND 226.26 629 INFORMATION SYSTEMS MAINTENA 3,679.89 631 TELECOMMUNICATIONS REVOLVI 777.96 632 GENERAL ACCOUNTING SERVICES 7,683.62 643 MOTOR VEHICLE SVC FUND 1,458.47 724 COBRA/RETIREE INSURANCE 5,725.85 726 ENGINEERING/PUBLIC WORKS T & A 2,497.53 TOTAL 432,181.12 7 Certification 1N ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DIRER CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT TFIEREOF BY THE CITY COUNCIL ON THE 2ND DAY OF AUGUST 2005. AYES NAYS ABSENT City of National City SECOND READING COUNCIL AGENDA STATEMENT FETING DATE: August 2, 2005 AGENDA ITEM NO. 26 ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-3-PD TO RM-1-PD FOR THE PROPERTIES LOCATED AT 1125, 1251 AND 1311 EAST DIVISION STREET (APPLICANT: NATIONAL HOUSING FUND, INC.) CASE FILE NOS. GP-2004-1/ZC-2004-3 PREPARED BY: Benjamin Martinez Executive Director EXPLANATION: DEPARTMENT Community Development Commission On June 7, 2005, after conducting a duly advertised public hearing the City Council adopted a Resolu- tion approving the proposed Amendment to the Combined General Plan/Zoning Map for the pro- posed Pacific View Estates Project. Accordingly, the adoption of the attached Ordinance necessary to formalize the City Council's action. r 1 Environmental Review N/A A Mitigated Negative Declaration has been prepared pursuant to the requirements of the California Environmental Quality Act to evaluate the potential environmental impacts that could occur with the ap- proval and development of the proposed Pacific View Estates Project. Financial Statement There will be no fiscal impact to the City's General Fund as a result of this action. STAFF RECOMMENDATION Introduce Ordinance No. 2005- BOARD/COMMISSION RECOMMENDATION Not Applicable. 4111[9 ATTACHMENTS (Listed Below) Resolution No. 1. Ordinance No. 2005- L ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM RS-3-PD TO RM-1-PD FOR THE PROPERTIES LOCATED AT 1125,1251 AND 1311 EAST DIVISION STREET APPLICANT: NATIONAL HOUSING FUND, INC. CASE FILE NOS. GP-2004-1/ZC-2004-3 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and, WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of the City of National City and also by the City Council of the City of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and, WHEREAS, the Planning Commission has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and, WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Mitigated Negative Declaration which addresses both said General Plan Amendment and rezoning; and, WHEREAS, the City Council finds that the rezoning is consistent with and necessary to implement the General Plan. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described by case file exhibit (GP-2004-1/ZC-2004-3) on file in the office of the City Clerk is hereby rezoned from RS-3-PD to RM-1-PD. Section 3. That a Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. // // // // PASSED and ADOPTED this 19th day of July 2005. NICK INZUNZA, MAYOR ATTEST: MICHAEL DALLA, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY �1 City of National City SECOND READING COUNCIL AGENDA STATEMENT CIMEETINGDATE: August 8,2005 AGENDA ITEM NO. 27 ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CI Y REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM MM-CZ TO CT-PD-CZ FOR THE PROPERTIES ASSOCIATED WITH THE MARINA GATEWAY PLACE PROJECT (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) CASE FILE NOS. GP-2004-5/ZC-2004-2 PREPARED BY: Benjamin Martinet Executive Director EXPLANATION: DEPARTMENT Community Development Commission On June 7, 2005, after conducting a duly advertised public hearing the City Council adopted a Resolution approving the proposed Amendment to the Combined General Plan/Zoning Map for the proposed Pacific View Estates Project. Accordingly, the adoption of the attached Ordinance necessary to formalize the City Council's action. r Environmental Review N/A A Notice of Exemption has been prepared pursuant to the requirements of the California Environmental Quality Act for the proposed Marina Gateway Place Project. Financial Statement There will be no fiscal impact to the City's General Fund as a result of this action. STAFF RECOMMENDATION Introduce Ordinance No. 2005- BOARD/COMMISSION RECOMMENDATION Not Applicable. ATTACHMENTS (Listed Below) Resolution No. 1. Ordinance No. 2005- c 1 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM MM-CZ TO CT-PD-CZ FOR THE PROPERTIES ASSOCIATED WITH THE MARINA GATEWAY PLACE PROJECT APPLICANT: COMMUNITY DEVELOPMENT COMMISSION CASE FILE NOS. GP-2004-5/ZC-2004-2 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and, WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of the City of National City and also by the City Council of the City of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and, WHEREAS, the Planning Commission has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and, WHEREAS, the City Council found that on the basis of the Preliminary Environmental Assessment and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a Notice of Exemption which addresses both said General Plan Amendment and rezoning; and, WHEREAS, the City Council finds that the rezoning is consistent with and necessary to implement the General Plan. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described by case file exhibit (GP-2004-5/ZC- 2004-2) on file in the office of the City Clerk is hereby rezoned from MM-CZ to CT-PD-CZ. Section 3. That a Notice of Exemption shall be filed indicating that the rezoning will not have a significant effect on the environment. // // // // PASSED AND ADOPTED this 19th day of July 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III -City Attorney City of National City, California COUNCIL AGENDA STATEMENT ) MEETING DATE August 2, 2005 28 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATED LEASED VOLKSWAGEN BEETLE FROM SOUTH BAY VOLKSWAGEN FOR USE BY THE NATIONAL CITY PUBLIC LIBRARY. PREPARED BY Anne Campbell (/ DEPARTMENT Library EXT. 4364 EXPLANATION The National City Public Library, in working with various Mile of Cars dealerships on the Library Capital Campaign, was offered a donated lease on a 2005 VW Beetle by Rudy Erm of South Bay Volkswagen. South Bay Volkswagen has a similar program with the Chula Vista Public Library, currently in its third year. The VW Beetle will have special artwork, promoting National City Public Library and South Bay Volkswagen. The vehicle will be used by library staff to visit schools, participate in community programs and be a visible symbol of the Library in the community. In addition, Mr. Erm and South Bay Volkswagen will participate in special reading programs, aimed at encouraging reading and learning for National City youth. CEnvironmental Review Financial Statement N/A MIS Approval Approved By: The City of National City will be responsible for vehicle maintenance and insurance. Finance Director The Library will be responsible for one half of the artwork cost (estimated at $3,000). Account No.108-431-000- 99 STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Resolution Proposal A-200 (Rev. 7/03) RESOLUTION NO. 2005 —166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A DONATION ACCEPTANCE AGREEMENT FOR A DONATED 12-MONTH LEASE OF A 2005 VOLKSWAGEN BEETLE FROM SOUTH BAY VOLKSWAGEN FOR USE BY THE NATIONAL CITY PUBLIC LIBRARY WHEREAS, Rudy Erm, owner of South Bay Volkswagen has offered to donate a 12-month lease of a 2005 Volkswagen Beetle, with an option to renew, for exclusive use by the National City Public Library for official library business and special events; and WHEREAS, the National City Public Library will pay 50% of the total estimated cost of $3,000 for the special artwork on the vehicle, which will promote the National City Public Library and South Bay Volkswagen; and WHEREAS, the City will be responsible for the maintenance of and the insurance for the vehicle, as well as holding South Bay Volkswagen harmless for any and all accidents involving the vehicle and its operators. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Donation Acceptance Agreement for a donated 12-month lease of a 2005 Volkswagen Beetle from South Bay Volkswagen for use by the National City Public Library for official use and special events, agrees to hold South Bay Volkswagen harmless from liability arising from the Library's use of the vehicle, and directs the City Librarian to execute all other necessary documents pertaining to the acceptance of said vehicle. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PROPOSAL South Bay Volkswagen proposes that they donate a leased 2005 VW Beetle, at their expense, under the following terms and conditions: 1. The lease will be for 12 months, with an option to renew. 2. The vehicle is to be used for official library business. 3. The City will perform maintenance for the vehicle. 4. The Library will pay half of the artwork cost for the creation of the "car wrap", estimated at $3,000, or $1,500 each. 5. The City will insure the vehicle and agrees to hold South Bay Volkswagen harmless for any and all accidents involving the vehicle and its operators. The Library requests that the City Council approve the donated leased 2005 VW Beetle under the teens and conditions proposed by South Bay Volkswagen. The Library will use the vehicle for official library business and special events to promote the Library. Public Works believes the vehicle will require very little maintenance because it will be new and have limited use. AGREEMENT FOR THE UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY Rudy Erm, owner of South Bay Volkswagen (hereinafter referred to as "the Donor") hereby makes an unconditional donation of a 12-month lease of a 2005 Volkswagen Beetle (hereinafter referred to as "the Property") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said Property for any public purpose that the City desires. The City of National City hereby agrees to indemnify and defend the Donor and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, resulting from or arising out of the donation and City's use of the Property. The City shall furnish commercial general liability and automobile liability insurance in the amount of $1 Million, and shall name the Donor and its officers, employees and volunteers as additional insureds. The City may satisfy the insurance requirements by furnishing proof of its lawful self - insured status. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: Dated: SOUTH BAY VOLKSWAGEN By: Rudy Erm, Owner CITY OF NATIONAL CITY By: Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 AGENDA ITEM NO. 29 ITEM TITLE A Public Hearing to consider the report required by Health and Safety Code Section 5473, Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund". PREPARED BY DEPARTMENT EXT. 4587 Joe Smith k _ �i Public Works EXPLANATION See Attached Explanation. 1 Environmental Review _ N/A MIS Approval "Financial Statement N/A >STAFF RECOMMENDATION Hold the public hearing. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. 1. Report is on file in the Office of the City Clerk A-200 (Rev. 7/03) Explanation: Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected Regional wastewater treatment cost increases and elected to have sewer service charges collected on the tax roll, as authorized by Califomia Health and Safety Code Section 5473 et seq. Califomia Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, which should contain a description of each parcel of real property receiving sewer services, and the amount of the charges for each parcel for the year. Califomia Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective Tots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council, would for FY2005-2006, adopt the report required by Califomia Health and Safety Code Section 5473, direct the report to be kept on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the County Auditor. The City Of National City sewer service fees are monthly flat rates, based on water consumption for domestic users. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The table below summarizes the approved three-year rate plan's current and FY05-06 sewer service charges: National City Sewer Service Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates Suspended Solids/BOD Strength Category Commercial - Commercial - Commercial - Commercial - Commercial - Low Medium Low Medium Medium High High (per HCF1 Suspended Sollds/BOD Strength Range <200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 660 PPM > 600 PPM FY 2004 FY 2005 FY 2006 Monthly Monthly Monthly $ 22.08 $ $ 19.00 $ $ 13.50 $ $ 2.85 $ $ 3.09 $ $ 3.84 $ $ 4.60 $ $ 5.75 $ 28.08 $ 32.08 23.00 $ 25.00 17.50 $ 19.50 2.89 $ 3.03 3.13 $ 3.28 3.90 $ 4.09 4.68 $ 4.90 5.86 $ 6.12 It should be noted that the City Of National City FY06 sewer service fee will be about 6.4% below the Regional median fee charged for this service. The table below is an illustration of the FY06 fees to be charged by the major METRO Agency members. FY 2006 Monthly Sewer Rate Survey Total Service Bi- Aaencv charge CommodityMonthlyMonthly Wintergardens Spring Valley t Lakeside Alpine El Cajon National City 4 Chula Vista Padre Dam MWD Poway La Mesa 2 San Diego s Del Mar $ 36.00 $ 36.00 $ 18.00 $ 49.83 $ 49.83 $ 24.92 $ 51.00 $ 51.00 $ 25.50 $ 58.00 $ 56.00 $ 28.00 $ 57.88 $ 57.88 $ 28.94 $ 64.16 $ 64.16 $ 32.08 $ 16.94 $ 47.52 $ 64.46 $ 32.23 $ 70.15 $ 70.15 $ 35.08 $ 72.57 $ 72.57 $ 36.29 $ 17.07 $ 59.62 $ 76.69 $ 38.35 $ 22.84 $ 80.61 $ 83.25 $ 41.63 $ 60.18 $ 76.78 $136.96 $ 68.48 Average $ 68.25 $ 34.12 Median $ 84.31 $ 32.16 Footnotes: 1: County approved 7.5% increase/year for five years, beginning in 2005 2: La Mesa approved a 9% increase in 2005 and 2006 3: 2005 is the last year of a 3-year rate schedule adopted by SD in 2003 4: The City of National City's fee is 6.4% below the Regional average fee. The cost of wastewater collection, transportation and treatment has increased dramatically over the past three years. The sewer service rate plan adopted by the City Council in 2003 provided sufficient revenues to cover these costs and those of the NPDES permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain system. Currently, the METRO Wastewater Joint Power Authority, the Agency that operates, maintains and administers the regional facilities that transport, treat and dispose of the area's effluent is working on a comprehensive cost allocation study, which may substantially increase the rates paid by its member Agencies. The City Of National City, as a member Agency and interested party, is actively working with METRO staff to assure the increase, if any, is justifiable and fair to all member Agencies. Staff will keep you informed regarding this potentially significant issue as the study progresses. C:\Dacummts and Settings\RSa u edolMy Documents\A200sTY06-Sewer Charges Tax Roll Report Adaption Public Hearing.doc City of National City COUNCIL AGENDA STATEMENT ,IEETING DATE: August 2, 2005 AGENDA ITEM NO. 30 ITEM TITLE: PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR COSTS OF MAINTENANCE LAND- SCAPE DISTRICT NO.1 (LMD)- "MILE OF CARS" PREPARED BY: Benjamin Martinez, Executive Director EXPLANATION: DEPARTMENT: Community Development Commission This is the final public hearing relative to the levy and collection of assessments for costs of maintenance to the LMD. A public meeting was held on August 1, 2005 at, 4 'p.m. in these council chambers for the purpose of informing the pro- posed assesses of the cost and how the cost was divided amongst all property owners in the LMD. Attached to this re- port is the ORDER OF PROCEDURE for the public hearing. Environmental Review: X N/A Financial Statement: Maintenance costs for fiscal -year 2004-2005 operation of the District estimated at $103,200 and, fees to the property own- ers range from $350.58 to $6,906.43. / STAFF RECOMMENDATION: Approve above -subject resolution BOARD/COMMISSION RECOMMENDATION: N/A J ATTACHMENTS (Listed Below) 1. Public Hearing Notice 2. Order of Procedure Resolution No. 1 NOTICE OF A PUBLIC HEARING OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of National City, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the 1972 Act), said special maintenance district known and designated as Landscape Maintenance District No.1 (Mile of Cars) (hereinafter referred to as the "Maintenance District") and, WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District. WHEREAS, there has been presented and approved by this City the Assessment Engineer's Report ("Report"), as required by the 1972 and Article XIIID of the Constitution (Article XIIID"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct PROCEDURES Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced Maintenance District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminary approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for Attachment 1 a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC MEETING Section 5. NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING AND A PUBLIC HEARING ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA, ON THE FOLLOWING DATES: A. PUBLIC MEETING: August 1, 2005 AT 4:OOPM B. PUBLIC HEARING: August 2, 2005 AT 6:OOPM ALL INTERESTED PERSONS SHALL BE AFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. PASSED AND ADOPTED this 19th day of July 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FROM: George H. Eiser, III City Attorney ORDER OF PROCEDURE August 2, 2005 Explanation: The following general outline sets forth an Order of Procedure for the public meeting relating to the Landscape Maintenance District (LMD). The Mayor will announce that this Public Hearing relative to the levy and collection of assessments for costs of maintenance and improvements to the LMD. The City Clerk will make a statement that notice has been given in the manner and form as required by law; a Certificate of Compliance is on file and open for public inspection; and, public notice was provided. The Community Development Director will provide an oral report on the proposed purpose and scope, the boundaries of the LMD, the Engineers Report, assessment spread, and number of protests received to date (% of assessed area) and announce that copies have been delivered to each member of the legislative body. The Mayor will ask each speaker to identify themselves and their property and to provide their comments in the following order: Firstly, those who are in opposition to the (a) extent of maintenance work to be done; and (b) method of assessment spread. Secondly, ask to hear from anyone in favor of proceedings. City Council will provide any discussion over the proceedings, if any. The Mayor will close the public hearing and the City Council can now consider taking action on this item. Attachment 2 City of National City COUNCIL AGENDA STATEMENT dEETING DATE: August 2, 2005 AGENDA ITEM NO. 31 ITEM TITLE: PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR COSTS OF THE DOWNTOWN NA- TIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT PREPARED BY: Benjamin Martinez, DEPARTMENT: Community Development Commission Executive Director EXPLANATION: This is the final public hearing relative to the levy and collection of assessments for costs of maintenance to the Down- towrnational City Property Business Improvement District (District). A public meeting was held on August 1, 2005 at 4 p.m. in these council chambers for the purpose of informing the proposed assesses of the cost and how the cost was divided amongst all property owners in the District. Attached to this report is the ORDER OF PROCEDURE for the public hearing. Environmental Review: X N/A Financial Statement: Maintenance costs for fiscal -year 2004-2005 operation of the District were estimated at $242,790.82 with an option to in- crease a maximum 5% for subsequent years with fees to the property owners in the range from $240 to $22,786.90. No change in the assessment amount is expected for fiscal year 2005-2006. J STAFF RECOMMENDATION: Approve above -subject resolution BOARD/COMMISSION RECOMMENDATION: N/A ATTACHMENTS (Listed Below) 1. Public Hearing Notice 2. Order of Procedure Resolution No. • NOTICE OF A PUBLIC HEARING OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of National City, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the 1972 Act), said special maintenance district known and designated as The Downtown National City property Business Improvement District (hereinafter referred to as the "Maintenance District") and, WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District. WHEREAS, there has been presented and approved by this City the Assessment Engineer's Report contained in the Downtown National City Property Business Improvement District Management District Plan ("Report"), as required by the 1972 and Article XlIID of the Constitution (Article XIIID"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct PROCEDURES Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the above -referenced Maintenance District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Maintenance District, which Maintenance District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminary approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance Attachment 1 District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC MEETING Section 5. NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING AND A PUBLIC HEARING ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA, ON THE FOLLOWING DATES: A. PUBLIC MEETING: August 1, 2005 AT 4:OOPM B. PUBLIC HEARING: August 2, 2005 AT 6:OOPM ALL INTERESTED PERSONS SHALL BE AFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. PASSED AND ADOPTED this 19th day of July 2005. Nick Inzunza, Mayor AtThST: Michael R. Dalla, City Clerk APPROVED AS TO FROM: George H. Eiser, III City Attorney ORDER OF PROCEDURE August 2, 2005 Explanation: The following general outline sets forth an Order of Procedure for the public meeting relating to the Landscape Maintenance District (LMD). The Mayor will announce that this Public Hearing relative to the levy and collection of assessments for costs of maintenance and improvements to the LMD. The City Clerk will make a statement that notice has been given in the manner and form as required by law; a Certificate of Compliance is on file and open for public inspection; and, public notice was provided. The Community Development Director will provide an oral report on the proposed purpose and scope, the boundaries of the LMD, the Engineers Report, assessment spread, and number of protests received to date (% of assessed area) and announce that copies have been delivered to each member of the legislative body. The. Mayor will ask each speaker to identify themselves and their property and to provide their comments in the following order: Firstly, those who are in opposition to the (a) extent of maintenance work to be done; and (b) method of assessment spread. Secondly, ask to hear from anyone in favor of proceedings. City Council will provide any discussion over the proceedings, if any. The Mayor will close the public hearing and the City Council can now consider taking action on this item. Attachment 2 MEETING DATE August 2, 2005 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 32 (-ITEM TITLE Resolution adopting the report required by Health and Safety Code Section 5473, Et Seq. pertaining to the collection of sewer charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund". PREPARED BY DEPARTMENT EXT. 4587 Joe Smitt( ( Public Works EXPLANATION( See Attached Explanation. ( Environmental Review N/A MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Adopt resolution. Approved By: Finance Director Account No. BOARD / COM SSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed resolution 2. Report is on file in the Office of the City Clerk A-200 (Rev. 7/03) Explanation: Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee rate adjustment schedule commensurate with projected Regional wastewater treatment cost increases and elected to have sewer service charges collected on the tax roll, as authorized by Califomia Health and Safety Code Section 5473 et seq. Califomia Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk, which should contain a description of each parcel of real property receiving sewer services, and the amount of the charges for each parcel for the year. Califomia Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council, would for FY2005-2006, adopt the report required by Califomia Health and Safety Code Section 5473, direct the report to be kept on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the County Auditor. The City Of National City sewer service fees are monthly flat rates, based on water consumption for domestic users. For commercial and industrial users, the monthly charges are variable and based on water consumption and on the strength of the sewage they generate (low, medium or high). The table below summarizes the approved three-year rate plan's current and FY05-06 sewer service charges: National City Sewer Service Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) FY 2004 FY 2005 FY 2006 Monthly Monthly Monthly Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates Suspended Solids/BOD Strength Category Commercial - Low Commercial - Medium Low Commercial - Medium Commercial - Medium High Commercial - High (per HCFI Suspended Solids/BOD Strength Range <200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 660 PPM > 600 PPM $ 22.08 $ $ 19.00 $ $ 13.50 $ $ 2.85 $ $ 3.09 $ $ 3.84 $ $ 4.60 $ $ 5.75 $ 28.08 $ 32.08 23.00 $ 25.00 17.50 $ 19.50 2.89 $ 3.03 3.13 $ 3.28 3.90 $ 4.09 4.68 $ 4.90 5.86 $ 6.12 It should be noted that the City Of National City FY06 sewer service fee will be about 6.4% below the Regional median fee charge for this service. The table below is an illustration of the fees charged by the major METRO Agency members. FY 2006 Monthly Sewer Rate Survey Total Service _oi- Aaencv charge Commodity Monthly Monthly Wintergardens Spring Valley Lakeside ' Alpine El Cajon National City 4 Chula Vista Padre Dam MIND Poway La Mesa 2 San Diego s Del Mar $ 36.00 $ 36.00 $ 18.00 $ 49.83 $ 49.83 $ 24.92 $ 51.00 $ 51.00 $ 25.50 $ 56.00 $ 56.00 $ 28.00 $ 57.88 $ 57.88 $ 28.94 $ 64.16 $ 64.16 $ 32.08 $ 16.94 $ 47.52 $ 64.46 $ 32.23 $ 70.15 $ 70.15 $ 35.08 $ 72.57 $ 72.57 $ 36.29 $ 17.07 $ 59.62 $ 76.69 $ 38.35 $ 22.64 $ 60.61 $ 83.25 $ 41.63 $ 60.18 $ 76.78 $136.96 $ 68.48 Average $ 68.25 $ 34.12 Median $ 64.31 $ 32.16 Footnotes: 1: County approved 7.5% increase/year for five years, beginning in 2005 2: La Mesa approved a 9% increase in 2005 and 2006 3: 2005 is the last year of a 3-year rate schedule adopted by SD in 2003 4: The City of National City's fee is 6.4% below the Regional average fee. The cost of wastewater collection, transportation and treatment has increased dramatically over the past three years. The sewer service rate plan adopted by the City Council in 2003 provided sufficient revenues to cover these costs and those of the NPDES permit compliance activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain system. Currently, the METRO Wastewater Joint Power Authority, the Agency that operates, maintains and administers the regional facilities that transport, treat and dispose of the area's effluent is working on a comprehensive cost allocation study, which may substantially increase the rates paid by its member Agencies. The City Of National City, as a member Agency and interested party, is actively working with METRO staff to assure the increase, if any, is justifiable and fair to all member Agencies. Staff will keep you informed regarding this potentially significant issue as the study progresses. C:1Documents and Settings\RSaucedo\My Douumcnts\A200sWY06-Sewer Charges Tax Roll Report Adaption Resolution.doc RESOLUTION 2005 —167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "SEWER SERVICE CHARGE FUND" (FY 2005-2006) WHEREAS, pursuant to Ordinance No. 2003-2225, the City Council of the City of National City elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq.; and WHEREAS, California Health and Safety Code Section 5473 requires a report to be prepared each year and filed with the City Clerk, which report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year; and WHEREAS, California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. NOW, THEREFORE, BE IT RESOLVED that for FY 2005-2006 the City Council of the City of National City hereby adopts the Report required by California Health and Safety Code Section 5473, et seq., directs that said report be kept on file in the Office of the City Clerk, and directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a statement that the Report has been adopted by the City Council. BE IT FURTHER RESOLVED that the Finance Director is hereby directed to certify with the San Diego County Auditor the establishment of fund No. 6065-5, which shall be described as "Sewer Service Charge", and that said fund is hereby approved. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, III City Attorney City of National City COUNCIL AGENDA STATEMENT 33 JIEETING DATE: August 2, 2005 AGENDA ITEM NO. ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT PREPARED BY: Benjamin Martinez, DEPARTMENT: Community Development Commission EXPLANATION: The Engineer's Report, required by Section 22622 of the Landscape Maintenance and Lighting Act of 1972, is the cen- tral document relative to the Levy of Assessments within Landscape Maintenance District No.1 (LMD No.1) located in the National City Mile of Cars. Nasland Engineering has prepared the Engineer's Report. All proceedings for the establishment of a levy of assessment for LMD No.1 will comply with the provisions of Proposition 218, approved by the voters on November 5, 1996. I Environmental Review: X N/A Financial Statement: Not Applicable I STAFF RECOMMENDATION: Approve above -subject resolution BOARD/COMMISSION RECOMMENDATION: A Public Meeting was scheduled for August 1st at 4:OOpm in the City Council Chambers to discuss the proposed assessment with interested property owners. I ATTACHMENTS (Listed Below) N/A Resolution No. • • RESOLUTION NO. 2005 —168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City, California, has initiated proceedings for the levy of the annual assessment in a special maintenance district created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"), Article XIII D of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following; Article XIII D and such implementation act may be referred to collectively herein as "Article XIII D"), in a special maintenance district known and designated as Landscape Maintenance District No.1 (Mile of Cars), hereinafter referred to as the "District"; and WHEREAS, at this time all notice and public hearing requirements have been met relating to the levy of the annual assessments; and WHEREAS, the City Council has received a report from the Assessment Engineer (the Assessment Engineer's Report") and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Assessment Engineer's Report as now submitted for the final consideration and approval. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct PROCEDURES Section 2. The City Council hereby finds and determines that the procedures for the consideration of the levy of the annual assessment have been undertaken in accordance with both the Act and Article XIII D inasmuch as the proposed assessments for the Fiscal Year 2005-06 are not proposed to be increased over the assessment previously authorized to be levied. DETERMINATION AND CONFIRMATION Section 3. The final assessment and diagram for the proceedings, as contained in the Assessment Engineer's Report, attached hereto as Exhibit "A", is herby approved and confirmed. Resolution No. 2005 —168 August 2, 2005 Page 2 Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed: a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits have been assessed. d. There are no publicly owned parcels within the District. The assessments for the District contained in the Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in such Assessment Engineer's Report. ORDERING OF MAINTENANCE Section 4. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. FILING WITH CITY CLERK AND CITY ENGINEER Section 5. The above -referenced diagram and assessment shall be filed in the Office of the City Clerk, with certified copy to be filed in the Office of the City Engineer. Said diagram and assessment and the certified copy thereof, shall be open for public inspection. FILING WITH THE COUNTY AUDITOR Section 6. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. Resolution No. 2005 —168 August 2, 2005 Page 3 ENTRY UPON THE ASSESSMENT ROLL Section 7. After the filing of the diagram and assessment the County Auditor shall enter on the County assessment roll opposite each lot or parcel of the land the amount assessed thereupon, as shown in the assessment. COLLECTION AND PAYMENT Section 8. The assessments shall be collected at the same time and in the same manner as the County taxes are collected, and all laws providing for the collection and enforcement of the County taxes shall apply to the collection and enforcement of the assessments. FISCAL YEAR Section 9. The assessments as above authorized and levied for these proceedings will provide revenue and related to the fiscal year commencing July 1, 2005, and ending June 30, 2006. PASSED and ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney TENTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. 1(MILE OF CARS) City of National City, California (Pursuant to the Landscaping and Lighting Act of 1972) In 1995, the City Council of the City of National City, California, adopted a Resolution ordering the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972", being Division 12, Part 2 of the Streets and Highways Code of the State of California, comme cing with Section 22500 (the "Act"), for purposes of authorizing the levy of special assessments or certain maintenance work in a special assessment district known and designated as Lands pe Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "District"). An Engineer's Report dated February 15, 1995, was prepared and submitted as ordered by the • legislative body. Foligwing the date 'of the Engineer's Report certain changes were made to the project. Such changes were described in the First Amended Engineer's Report dated August 1, 1996 and in the Second Amended Engineer's Report dated July 31, 1997. Since that time, the budget and assessment schedule have been reviewed, and an Amended Engineer's Report has been prepared each year. The most recent Engineer's report was the Ninth Amended Engineer's Report dated May 26, 2004 Additional information is now availableregarding actual expenditures. Adjustments are therefore necessary to the cost estimates and assessment schedule. This "Tenth Amended Engineer's Report", is prepared and submitted in four parts, consisting of the following: . Part L Plans and Specifications. The plans and specifications describe the general nature, location, and extent of the proposed improvements to be maintained and the maintenance to be performed. The plans and specifications are unchanged from the Ninth Amended Engineer's Report. Part II. Cost .estimate, The cost estimate includes all costs relating to maintaining the impro yerments for the next fiscal year, including appropriate incidental expenses. Part DI Ass nient Diagram The Assessment Diagram indicates the exterior boundaries of the istict, as well as setting forth each individual lot or parcel. Each parcel is iden ed by a distinctive number or letter and the lines and dimensions of each lot confo •. to those as shown on the latest County Assessor's map. The Assessment 'Dia : •• is unchanged from the Ninth Amended Engineer's Report Part IV. Assesslment Schedule. The assessment schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each assessable lot or parcel by reference to a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above -referenced diagram All 1ot!and parcels of land known as public property, as defined under Section 22663 of the Act, have been omitted and arc exempt from any assessment under these proceedings. This report is applicable for the maintenance of improvements within the district for the fiscal year commencing July 1, 2005 and ending June 30, 2006. Dated: June 27, 2005 Nasland Engineering . • Assessment Engineer City of National City State of California EXHIBIT "A" PART I Plans and Specifications The plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the Ciry Clerk, available for' public inspection. The plans and specifications snow the general nature, loca ion and extent of the proposed improvements to be maintained and the maintenance to be performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: 1. Median Improvements: • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic i anels, banners and sighagc • Painted sswalks • Identifi 'on sign at 23rd Street and McKinley Avenue. 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street. • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture A general description of the maintenance to be performed on such improvements is described as follows: 1. General Plant Ivlaintenance • Mowing, trimming, pruning and weeding • Watering including water usage • Fertilizin • Plant repl ement • Periodic g of palm trees '2. Maintenance o�Irrigation System • Adjustm t of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneou$ equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter remov 8. Trash pick-u 9. Other repairs of damage caused by vandalism and/or traffic accidents L PART II Cost Estimate for FY 2004 - 2005 The estimated total costs for maintenance of the improvements are those as hereinafter set forth 'below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit HB., Cost of Annual Maintenance Median Frontage Improvements Improvements $54,800 $46,000 Incidentals: A. Administration 300 300 B. Advertising 200 200 C. Legal Fees 100 100 D. Engineering 700 500 Total Incidentals 1,300 1,100 Total Estimated Annual Cost 56,100 47,100 Surplus or Deficit NET ANNUAL ASSESSMENT 00 $56,100 00 S47,.100 PART III Assessment Diagram The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each iot or parcel of land within the District. The assessment diagrain further identifies each lot or parcel by a distinctive umber or letter. For a detailed description of the lines and dimensions of any lot or parcel, refere a is made to the County Assessor's Map applicable for the next fiscal year, which map shall gove for all details concerning the lines and dimensions of such lots or parcels. A copy of the assessme diagram is attached hereto, referenced and incorporated. PART. IV Assessment Schedule. I, an authorized representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal- year. Said costs and expenses are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance $54,800 $46,000 Incidental Expenses . 1,300 1,100 Total Costs 56,100 47,100 Surplus/Deficit 0 0 Balance to Assessment 56,100 47,100 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll. The Assessment Schedule refers to the County Assessor's Maps for a description of the lots or parcels, and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread andapportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the improvements to be maintained. For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the ifollowing list of annual assessments, and for particulars as to the formula for the allocation of th costs, reference is made to the Method and Formula of Assessment Spread attached hereto Exhibit "A". The assessments are those as confirmed in Column I, unless a different figure appears in Column 11, as modified. Assesment Number 1 2 3 4 5 6 -7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Total I II Assessor's Parcel Amount of Assessment Number Assessment as Confirmed 560-210-01 $ 1,460.75 560-210-04 1,928.19 560-210-42 350.58 560-210-41 584.30 560-210-40 2,465.75 560-261-08 3,155.22 560-271-14 1,110.17 560-271-07 876.45 560-271-09 584.30 560-271-15 1,168.60 . 560-330-03 6906.43 562-021-01 1,168.60 562-021-07 1,869.76 562-031-14 1,869.76 562-031-13 1,285.46 562-090-06 3,155.22 562-100-14 1,577.61 562-100-13 1,577.61 562-160-07 3,505.80 562-180-32 958.25 562-180-33 1,484.12 562-251-37 2,360.57 562-251-38 1,951.56 562-252-15 3,856.38 562-321-07 2,126.85 (Parcel owned by City) 0.00 562-330-42 888.14 562-330-35 2,909.81 562-220-32 3,669.40 562-220-31 1,811.33 562-220-13 2,687.78 562-220-11 631.97 562-150-13 . 2,442.37 562-340-09 3,505.80 562-340-48 5,095.10 562-340-47 1,916.50 562-340-70 3,505.80 562-340-69 3,388.94 562-340-50 3,505.80 562-340-49 3,400.63 560-393-04 5,609.28 560-393-03 1,636.04 560-204-02 1,636.04 560-204-04 2,220.04. 560-203-03 3,400.63 562-330-43 0.00 $ 103,200.00 This Assessment has ben prepared pursuant to the "Landscaping and Lighting Act of 1972". The net amount to be asses ed upon the lands and parcels within the boundaries of the District has been spread and apportioned in accordance with the benefits received from the improvements, and in my opinion the costs and penses have been assessed in direct relationship to the benefits received from the maintenance othe improvements. Dated: June 27, 2005 Nasland Engineering Assessment Engineer City of National City State of California A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and the Superintendent of Streets on the day of , 2005. City Clerk City of National City State of California -Superintendent of Streets of National City State of California Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report was made on the day of 2005, by adoption of Resolution No. by the City Council. City Clerk City of National City State of California EXHIBIT "A" METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to be maintained. The statute doe:. not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis. of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the se ices of Nasland Engineering. IDENTIFY THE BENEFIT First of all, it is necess to identify the benefit that the improvements to be maintained will render to the properties within a boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. the special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished frohn that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread and assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two Categories of improvements to be maintained by the District The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2. Parcel 26 (APN 562-321-08) is owned by the City of National City, not subject to assessment. 3. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. 4. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on the frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. FU_'URE ANNUAL ADJUSTMENT IN ASSESSMENT The annual assessment to be levied on all properties within the district in fiscal year 2006-2007 and thereafter shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an amount which would be in excess of the amotint authorized pursuant to the application of the above formula, such annual assessment -shall be considered a "new or increased assessment" as such term is used in Government Code Section 54954.6. In conclusion, it is my opinion that the assessments for the above -referenced District have been spread in direct accordance with the benefits that each parcel receives from the improvements to be maintained. Dated: June 27, 2005 Nasland Engineering Assessment Engineer City of National City • State of California EXHIBIT `B" ESTIMATED COST OF ANNUAL MAINTENANCE FY 2005-2006 Median Frontage Improvements Improvements 1. Lawn planting care 0 $ 29,300 2. Median planting care $ 14,700 0 3. Palm tree maintenance $ 4,000 $ 4,000 4. Water usage $ 12,500 $ 12,500 5. Refurbishment of grapi}icspanels $ 8,300 0 6. General maintenance of electrical system $ 6,200 0 7. Electrical usage $ 8,800 0 8. Miscellaneous $ 300 $ 200 TOTAL: $54,800 $46,000 IN 1a1� 5THE arm( or THE aTV CLERK aF TTC atv~oF NATIWAL .__DAY OF T99R aTY•CLERK are of HATIOHM_ are STATE OF CALIFORNIA RECORDED THETAL QT i THE SUPERINTENDENT OF STRUM Cr THE �Nts OAV OF 19N. =IPE7MHaOFNT OF STREETS are OF NAMINAE art STATE OF CII;OR.A AS9E591pT RAS LEWD ■Y THE an Comm ow THE LOTS. PIECES, Me PARCELS OF SNO ASSESSMENT Was LEWD ➢ O N I AN D ASSESSMENT dA ISM SAO ASSESSMENT HApMl AND ENT Of N DE OFFICE OF TIE SIP[011 THE ASSESSMENT ROLL SERE REICOIOED d1 ME --__DAY 6 iETM.T RE U NCE S A'C arc ASSESSMENT ROUE R(COIOED N. )E ICE OF 1GE 6 MACE TO ME OF STREETS FOR RC (FACT OFFICE OF THE S ASSESSMENT LEVIED AGAINST EACH ► *mum' 1 11 AS SESSME TEMED AFICEL d' VIM 9aRrN ON MS ASSESSMENT dAatAM. aTY CLERK alt OF NATIONAL aTY STATE Of CALIFORNIA RED MS DAY OF 1/90. AT THE NOIRR OF O'CLOCK _AL 9N DOOM Or MAPS OF ASSESSMENT Me UNITY office OF 11E amity IEC qFACTURES �COUNTY OFF SAN THEW. CAFadOA COUNTY RECORDER COUNTY OF SAN DEW STAVE OF CAIFOIlMA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CRY COUNTY OF SAN DIEGO STATE OF CALFORWA 0 O "' � a Q 56o-210-01 Sso-]IO-w ^ SI0-no-a 1i5 a aa 1i3' S0' E/1. NA110NAL aiy BOULEVARD 241. SOO-103-03 O 190. INF 560-204 0 06 Sio-O V2 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 SHEET 1 OF 3 SHEETS 102 s w9 Nq SOOJ93-03 O EETERIM OQ NDARY Of QISIRICT NO NOTE ORIGINAL P` TzET SI7F 18' X a ■ FRONTAGE OF EACH PARCEL 6 DASH) UPON. CURRENT . • HEREON 10 RE NE FOOT. REFER Wig• MOM MA'S FOR PROPERTY 0003N90N5 NOT 910104. '". I� NASLAND ENGINEERING TO OI.K 119lu FD TD9 NE JOS )5-148 I L 560-330-03 591' AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1 (MILE OF CARS) CITY OF NATIONAL CITY• COUNTY OF SAN DIEGO STATE OF CALFORNIA NATIONAL CZY 1 0 5 BOULEVARD 291 542-3b-H 300' 562-310-50 662-021-CI 100 0 562-021-07 160' 0 662-031-1♦ 160' 0-13 110' 562-310-N 0 TRANSPORTATION AVENUE 562-310-70 0 100 512-000-06 270 NATIONAL' CITY 502-°„ 135' SHEET 2 OF 3 SHEETE 562-100-13 135' BOULEYAFD 164' 562-340-47 0 Ex1UROR 601610Mr OF DISTRICT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 2« 300 4011 436' 562-340-16 i ME FRORTAEE ar EAD$ PARCEL IS RASED UPON CURRENT COUNTY ASSESSOR'S YAPS MO MOTH HEREON TO THE NEWST FOOL REFER TO ASSESSOR'S PARCEL YAPS FOR PROPERTY 0ROF2153O15 NOT SHORN. NASLAND ENGINEERING CAL 031000tR010 . 911.613116 . 440 M.061016 1110 6.R..1 ShaE Su Rya 011onie. 00111 •1U-fR!-7219 NOTE ORIGINAL SHEET St7F 18' x 26' N.E JOB No. 105-148 5 300' ssx-3.0-os ssx-iao-32 0 11 20X AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CRY OF NATIONAL CRY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 362-1a0-33 963-1Se-13 8 IFIANSPCAT ATION MOLE 542-251-37 NA710NAL alY BOULEYAFD 100 562-752-TS EXTERIOR ITOUNDART OF DISTRICT 542-321 -0? 1St sA2-331-01 RONTACE OF EACH PARCEL 5 BASED WON CURRENT cowry ASSESSOR'S NAPS NO SHORN HEREON TO INE NEAREST F00t REFER TO ASSESSOR'S PARCEL AMPS FCR PROPERTY INADISIONS NOT SI10115 NOTE ORIGINAL SHEET evF 18x • lee 300 Me 103 .S62-330-43 4‘'‘' CM ICIMINUILOM • =IMMO • LUM RAMMING no adf.r st.4, s. sg.... isst...k. tau •Ns,ss-ires SHEET 3 OF 3 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 FEVISED 5-26-04 NASLAND ENGINEERING NE JOB No. 105-148 City of National City COUNCIL AGENDA STATEMENT 34 MEETING DATE: August 2, 2005 AGENDA ITEM NO. ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT AND ENGINEER'S REPORT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN THE DOWNTOWN NA- TIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT PREPARED BY: Benjamin Martinez, Executive Direr DEPARTMENT: Community Development Commission EXPLANATION: The Engineer's Report, required by this Property and Business Improvement District Law of 1994 is the central document relative to the Levy of Assessments within The Downtown National City Property Business Improvement District (District) and is contained in the Downtown National City Property Business Improvement District Management District Plan. All proceedings for the establishment of a levy of assessment for the District will comply with the provisions of Proposition 218, approved by the voters on November 5, 1996. The proposed resolution would approve the levy of a total assessment of $240,772.01, for fiscal year 2005-2006, which is the same assessment amount levied for fiscal year 2004-2005. J r Environmental Review: X N/A Financial Statement: Not Applicable STAFF RECOMMENDATION: Approve above -subject resolution BOARD/COMMISSION RECOMMENDATION: A Public Meeting was scheduled for August 1st at 4:OOpm in the City Council Chambers to discuss the proposed assessment with interested property owners. i ATTACHMENTS (Listed Below) Resolution No. N/A RESOLUTION NO. 2005 —169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT ENGINEER'S REPORT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code, commencing with Section 36600, (the "Law") authorizes cities and counties to establish, for up to five years initially, property and business improvement districts ("PBID") to promote the economic revitalization and physical maintenance of business districts; and WHEREAS, the Law authorizes cities to levy and collect assessments on real property within such districts for the purpose of providing improvements and promoting activities that specially benefit real property within such districts; and WHEREAS, Articles XIII C and XIII D of the California Constitution and Section 53753 of the California Government Code impose certain procedural and substantive requirements relating to the levy of new or increased assessments; and WHEREAS, in March, 2004, a written petition was submitted by property owners within Downtown National City requesting the Community Development Commission of the City of National City to initiate proceedings pursuant to the Law to establish the Downtown National City Management District for a five (5) year period; and WHEREAS, such petition was signed by property owners in the proposed district who will pay more than fifty percent (50%) of the assessments proposed to be levied; and WHEREAS, a Management District Plan entitled the "Downtown National City Management District Plan" (the "Management District Plan") and a District Assessment Engineer's Report was prepared and submitted to the City Clerk, containing all of the information required by Section 36622 of the Law, including a description of the boundaries of the district, the improvements and activities proposed for the district, and the cost of such improvements and activities; and WHEREAS, the Board of the Community Development Commission of the City of National City did establish for five years, "The Downtown National City Management District" (the "District") and levied and collected assessments against lots and parcels of real property within the District, commencing with fiscal year 20004-05; and Resolution No. 2005 — 169 August 2, 2005 Page 2 WHEREAS, the Board did approved the Management District Plan, which is on file in the office of the City Clerk and available for public review during normal business hours; and WHEREAS, the boundaries of the proposed District are included in the Management District Plan; and WHEREAS, the proposed activities for the District include streetscape, sidewalk, parkway and street furniture maintenance, repair and replacement including but not limited to trees, sidewalk pavement, sidewalk bollards, street furniture, trash receptacles and street lights as well as periodic landscape maintenance and steam cleaning services which benefit businesses and real property located in the District; and WHEREAS, the assessment proposed to be levied and collected for fiscal year 2005-06 is $240,772.01, which was the same assessment amount levied for fiscal year 2004-2005. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City declares as follows: RECITALS Section 1. The above recitals are all true and correct PROCEDURES Section 2. The City Council hereby finds and determines that the procedures for the consideration of the levy of the annual assessment have been undertaken in accordance with both the Act and Article XIII D inasmuch as the proposed assessments for the Fiscal Year 2005-06 are not proposed to be increased over the assessment previously authorized to be levied. DETERMINATION AND CONFIRMATION Section 3. The final assessment and diagram for the proceedings, as contained in the Assessment Engineer's Report, is herby approved and confirmed. Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, attached hereto as Exhibit "A", the City Council hereby makes the following determinations regarding the assessments proposed to be imposed: Resolution No. 2005 —169 August 2, 2005 Page 3 a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits have been assessed. d. There are no publicly owned parcels within the District. The assessments for the District contained in the Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in such Assessment Engineer's Report. ORDERING OF MAINTENANCE Section 4. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. FILING WITH CITY CLERK AND CITY ENGINEER Section 5. The above -referenced diagram and assessment shall be filed in the Office of the City Clerk, with certified copy to be filed in the Office of the City Engineer. Said diagram and assessment and the certified copy thereof, shall be open for public inspection. FILING WITH THE COUNTY AUDITOR Section 6. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3`d Monday in August. ENTRY UPON THE ASSESSMENT ROLL Section 7. After the filing of the diagram and assessment the County Auditor shall enter on the County assessment roll opposite each lot or parcel of the land the amount assessed thereupon, as shown in the assessment. Resolution No. 2005 —169 August 2, 2005 Page 4 COLLECTION AND PAYMENT Section 8. The assessments shall be collected at the same time and in the same manner as the County taxes are collected, and all laws providing for the collection and enforcement of the County taxes shall apply to the collection and enforcement of the assessments. FISCAL YEAR Section 9. The assessments as above authorized and levied for these proceedings will provide revenue and related to the fiscal year commencing July 1, 2005 and ending June 30, 2006. PASSED AND ADOPTED this 2nd day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECEIVED •�v=y ` 3 221i Community Develop �. i�,n L'fii7;aI5SQ DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Formed Under`" . 0;end Property Business Improvement District Act of 1994 FINAL PLAN SUBMITTED TO: THE DOWNTOWN NATIONAL CITY P.B.LD. STEERING COMMITTEE THE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MARTINEZ MAYOR NICK INZUNZA AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB PRESENTED BY: MARCO LI MANDRI, NEW CITY AMERICA INC. APPROVED APRIL 30, 2004 UPDATED MAY 24, 2004 EXHIBIT "A" PART I EXECUTIVE SUMMARY DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT PLAN Statement of Purpose Over the past two years, the people of San Diego County have begun to see National City in a whole new light. Long identified with the extremely successful National City Mile of Cars, the City now has the distinct identity of a municipal corporation aggressively moving forward on a number of fronts. Whether it be the visionary Marina project, the development of Filipino Village, the beautification of Highland Avenue or the creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City Council, as well as the staff of •the Community Development Commission, National City is in a race to re -position itself as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 215` Century. Led by a group of significant, small and long-time business and property owners, this effort to establish a Property Business Improvement District was initiated in March 2004. With great speed and tremendous commitment, it is the intent of this district to be established and generate its first revenues by the conclusion of calendar year 2004. Such an undertaking is unprecedented but reflects the seriousness of the effort of the Downtown stakeholders to redefine themselves to the surrounding region. With the growing state budget crisis in California and its resulting impact on the cities, it is safe to assume that current National City general benefit services delivered in the Downtown business district will not increase in the future. To make the Downtown district and community better, commercial and institutional property owners must look at new ways of funding special benefit services to clean up the district as well as promote the area. Such special benefit services could include bringing a new identity to the Downtown business district, funding new gateway signs to the district, regular sidewalk sweeping, sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing private security services above and beyond that of the National City Police Department, aiding in the coordination of homeless intervention services, proposing solutions to parking problems, initiating beautification programs, tree planting and maintenance, coming up with new marketing and promotions programs, defining greater visual linkages to the 8th Street Trolley stop as well as serving as an advocacy group of business and property owners. This proposed Downtown National City PBID or special benefits district would be funded through an assessment levied on each and every parcel in the finalized and approved boundaries in Downtown. Affected property owners have determined the exact costs of funding these special benefit services. All properties, public and private, would be included in this new assessment district. 3 ➢ 70% support property owner funded special events to improve the identity of Downtown; Based upon this level of support, the Downtown National City PBID Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROPERTY VARIABLES TO BE ASSESSED: Three property variables will be used to fund the special benefit services of the district. Those variables will include: lot or parcel size, building square footage, and linear frontage. Each of these variables can be verified by County records. By law, the district can only fund special benefits, not general benefit services. Building square footage will be further categorized by "use", (retail, hotel, church, public building, office, etc). Use determines needs and therefore special benefit to be received. SERVICES TO BE FUNDED: The primary special benefits to be funded by the creation of the district will be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8th and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for five years with provisions for annual CPI adjustments as well as annual disestablishments procedures. BENEFIT ZONES: There will be two benefit zones in the proposed district. Benefit Zones are determined by the level and frequency of services to one sector of the district, vs. another. For example, the core area parcels along National City Boulevard between 2"d and 12th, as well as 8th Street from the freeway bridge to A Avenue, will constitute Benefit Zone 1. All other parcels in the district will fall into Benefit Zone 2. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). 5 PART II ADDRESS SERIES, GENERAL STREET BOUNDARIES LOCATION: In general, the Downtown National City PBID includes all private and public parcels within the following boundaries: Street Address Series Street Name 704-724 A Avenue 827 B Avenue 811— 817 C Avenue 831 — 835 D Avenue 41— 43 E. 12th St. 14 — 35 E. 3rd St. 10 E. 5th St. 22-404 E. 8th St. 419 E. 9th St. 810 — 925 Hoover Avenue 205 —1146 National City Blvd. 225 —1133 Roosevelt Avenue 25 — 38 W. 11th St. 21 W. 12th st. 30 W. 2"d Avenue 21 — 27 W. 3rd Avenue 21 W. 7th St. 110 — 200 W. 8`h St. 111- 225 W. 9th St. 32 — 121 W. Plaza Blvd. 7 Consistent with state law, any property assessment district must confer a special benefit to real property owners paying into the assessment district. At times, specific parcels will derive greater benefit, due to their proximity to a "core" area. These core and peripheral parcels, will from time to time, be designated through "benefit zones." The Downtown National City PBID anticipates two benefit zones, each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: The Downtown National City PBID Benefit Zones are created based upon the frequency and type of special benefit services that might be desired. For example, the core area near National City Boulevard and 8th Street may need special benefit services six days per week, have large special events and be the focus of many promotional activities. These property owners would pay for those specific special benefit services based upon the anticipated benefit to be received. Benefit Zone Zone 1 (core area) Zone 2 (peripheral area) Boundaries National City Boulevard from 2nd to 12th Street 8th Street from the freeway bridge to A Avenue All other streets in the district not included in Benefit Zone 1 TABLE 1 — FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES Special Benefit Service Public rights of way and sidewalk operations (PROWSO) District Identity and Streetscape Improvements (DISI) • Special Events • Holiday Decorations Administration/Corporate Operations Benefit Zone 1 Frequency 6 days per week Through programs Once per year Seasonally Benefit Zone 2 Frequency 4 days per week Through programs None None Monday — Friday 9 Monday — Friday *THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE COSTS ARE ONLY USED AS A REFERENCE, THE LINE ITEM IN THE BUDGET FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00 ANNUALLY. The basis of determining personnel costs is derived from One Source, a nationwide company that provides employees for many building management companies, as well as BIDs. One Source's rates on labor include workers comp, payroll taxes, check disbursement, health benefits, vacation and sick time. Most importantly, these are contracted employees and therefore release the management corporation of payroll and personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6 in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00 per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay. We reiterate that this is simply a tool for calculating costs of maintenance personnel. The free market, and competitive bidding may produce higher and better results. It is the job of the management corporation to maximize the delivery of special benefit services to the property owners based upon various category and line items of services. The function of this crew is to deal with all services in the public rights of way, including but not limited to: sweeping, beautification, decorations, security, etc. TABLE 3 — SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON -PERSONNEL ANNUAL COSTS INCLUDING EQUIPMENT AND MATERIALS PROWSO Equipment and Materials Estimated Annual Cost Truck lease, insurance $ 6,000 Uniforms $ 1,000 Communications $ 4,000 Supplies $ 8,000 Water $ 1,000 Dumpster costs $ 6,000 Nursery Items $ 8,000 Small Equipment $ 3,000 Miscellaneous $ 3,500 Total Estimated Annual Equipment Costs $ 40,500 Again, these services may be provided by an outside contractor, however accommodations must be made for these costs whether done in-house of to an outside contractor. In addition, this budget does not assume any grants from public agencies or foundations that could underwrite the costs of equipment. Nor does it assume that the City would pay for landscaping water related costs or dumpster removal fees, both of which could be negotiated with the CDC. 11 TABLE 7 — TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Program Public Rights of Way and Sidewalk Operations — Personnel and Equipment for All Benefit Zones District Identity and Streetscape Improvements Administrative/Corporate Operations Contingency/Reserve Total Estimated First Year Costs of Programs First Year Allocation $ 173,000.00 $ 14,000.00 $ 41,000.00 $ 12,722.01 $ 240, 722.01 % of Total Budget 72% 6% 17% • 5% 100% METHOD OF FINANCING: This method of financing the special services is based upon the levy of assessments on real property that benefits from proposed improvements and activities. This represents a "benefit assessment district" as defined in the California Streets and Highway Code. Assessed valuation cannot be used as the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978. There are at Least four basic factors that will be used in determining individual assessments. These factors include 1) linear frontage, 2) land area and 3) building square footage, 4) building use. The assessments for the Downtown National City PBID are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. Linear frontage will be assessed on all sides of the parcel receiving benefit. PBID assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. They are then transferred directly to the Downtown National City PBID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. TABLE 8 - TOTAL, GROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES Property Variables Lot Size Building Size Linear Feet Total in District 1,465,301 square feet 448,344 square feet 21,744 linear feet There are 153 parcels and 96 legal owners currently in the database of the above mentioned property variables. There are about 34 square blocks in the district. 13 TABLE 10 — APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES Program to be Funded Benefit Zone Apportioned to Variable PROWSO: • Maintenance Personnel 1 % to all building square footage, ($ 81,610) % to all lot size in Benefit Zone 1 • Maintenance Personnel 2 % to all building square footage, ( $50,890) %2 to all lot size in Benefit Zone 2 • Non -personnel, equipment 1, 2 All linear frontage, apportioned ($ 40,500) equally in both Benefit Zones DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: • Special events (1 per year) 1 Building square footage "a" only ( $5,000) • Logo creation 1, 2 Building square footage a — c ( $1,000) • Web site creation/maintenance 1, 2 Building square footage a — c ($ 4,000) • Pedestrian kiosks/signage 1, 2 Building square footage a — d ($ 4,000) ADMINISTRATION AND CORPORATE 1, 2 Apportioned equally to all lot size OPERATIONS ($ 41,000) in both zones CONTINGENCY/RESERVE 1, 2 Apportioned equally to all lot size ($ 12,722.01) in both zones The assessment methodology annual costs are summed up in the following table: 15 TABLE 12 - DOWNTOWN N PROPERTY VARIABLE ATIONAL CITY PBID ANNUAL COST BENEFIT ZONE 1 Lot Square Footage $ 0.0841 per square foot er ear Building Square $ 0.148540.1886 per Foota_e ran'e Linear Frontage $1 ar Single Family Home and Condo Annual Fee Total Annual Budget s l uare foot ter ear .8264 per line foot er ear 00 $2,880.00 (1%) FIRST YEAR COSTS BY ANNUAL COST BENEFIT ZONE 2 $0.0757 per square foot er ear $0.1485-$0.1697 per sl uare foot ' er ear $1.8264 per linear foot' er ear $ 240.00 $240 $240,722.01 TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY PBID Property Variable Parcel or Lot Size Building Square Feet Linear Fronts e Single Family Home and Condo Annual Fee Total Assessments, First Year — Both Zones Total Gross Variable, Both Belze it Zones 1,465,301 448,344 21,744 12 17 Amount Generated First Year $118,053.09 $80 075.68 $39,713.24 $2,880.00 $240,722.01 PROPERTY VARIABLE TOTAL GENERATED BY VARIABLE $118,053.09 (49%) $80,075.68 (33%) $39,713.24 (17%) FORMATION: • District formation requires submittal of petitions from property owners representing at least 50% of the total assessment. The "Right to Vote on Taxes Act" (Proposition 218) requires that more than 50% of the ballots received, weighted by assessment, be in support of the District. ■ This petition support ensures that the mail ballot procedure will be successful in the formation of the district. Once the necessary threshold of petitions have been collected, the management district plan will then be submitted to the City to begin processing the public hearing. With the adoption of an ordinance of intention, the City Council will authorize the City Clerk to send out the mail ballots to all affected property owners to determine their support for the establishment of the district. • When all is said and done, the first assessments should be collected with the annual property tax bill in December 2004 with the Management Corporation receiving its first installment payment in January 2005. DURATION: • Pursuant to State Law, the District will have a set term. The proposed district will have a five-year life commencing January 1, 2005. After live years, the petition process must be repeated for the District to be re-established. 19 PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND THE DURATION OF THE DISTRICT A. Assessment Methodology Property owners in Downtown National City have emphasized that an assessment formula for a PBID be fair, balanced and commensurate with special benefits received. NEW CITY AMERICA has contracted with Ed Henning and Associates to come up with a plan that has been certified by a licensed engineer. In preparing the engineer's report for the Downtown National City PBID, the engineer concluded that the special benefit to each parcel was found to be proportional to the property variable and their apportionment. An Engineer's report for the PBID is provided in the Appendix. B. Time and Manner for Collecting Assessments: As provided by state law, the Downtown National City Property Business Improvement District will appear as a separate line item on the annual property tax bills prepared by the San Diego County Tax Assessor. Property tax bills are generally distributed in the Fall and payment is expected by lump sum or in two installments. The County Assessor shall distribute the assessments to the City who will in turn then forward them to the designated Downtown National City PBID Management Corporation pursuant to the authorization of this plan. Existing laws for enforcement of property taxes apply to the Management District assessments. The assessments shall be collected at the same time and in the same manner as for any possessory interest tax paid to the County of San Diego. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the possessory interest tax. The "property owner" of the possessory interest shall be any person as the owner/taxpayer on the last equalized possessory interest assessment roll or otherwise known to be the owner/taxpayer by the City Council. The City Council has no obligation to obtain other information as to the ownership of the interest, and its determination or ownership shall be final and conclusive for the purposes of this district. 21 PART VII DISTRICT GOVERNANCE AND THE DOWNTOWN NATIONAL CITY P.B.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PBID Management Corporation in the administration of the district. Conflict of Interest: Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include, but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring or selecting the relatives of Board members, etc. In addition, the Management Corporation shall aim to meet the following operational objectives for the district... • • Create and manage programs that best respond to the top priorities of district property owners; Maximize coordination of the City government to avoid duplication of services and to leverage resources; Deliver services through a cost-effective, non -bureaucratic and easy to access organizational structure; Provide accountability and responsiveness to those who pay through open access to Board meetings, elections to the Board and Board records. 23 r ' """--A Downtown National City PBID Benefit Zone 1 Benefit Zone 2 ' • 44. ' • ' • Downtown National City P.B.I.D. FIVE YEAR PROJECTION OF ASSESSMENTS WITH 5% ANNUAL ADJUSTMENT Projected Budget 2005 5% 2006 5% 2007 5% 2008 5% 2009 Public Rights of Way and Sidewalk Operations $173,000.00 $8,650.00 $181,650.00 $9,082.50 $190,732.50 $9,536.63 $200,269.13 $10,013.46 $210,282.58 District Identity and Streetscape Improvements $14,000.00 $700.00 $14,700.00 $735.00 _ $15,435.00 $771.75 $16,206.75 $810.34 $17,017.09 Administrative/Corporate Operations $41,000.00 $2,050.00 $43,050.00 $2,152.50 $45,202.50 $2,260.13 $47,462.63 $2,373.13 $49,835.76 Contingency/Reserve $12,722.01 $636.10 $13,358.11 $667.91 $14,026.02 $701.30 $14,727.32 $736.37 $15,463.68 Total $240,722.01 $12,036.10 $252,758.11 $12,637.91 $265,396.02 $13,269.80 $278,665.82 $13,933,29 $292,599.11 618104 APN 01 00 555 030 02 00 555 030 03 00 555 030 04 00 555 030 05 00 555 030 06 00 555 030 07 00 555 030 08 00 555 030 09 00 555 030 10 00 555 030 11 00 555 030 12 00 555 030 13 00 555 030 14 00 555 030 17 00 55c 030 20 00 .J30 21 00 355 030 22 00 555 041 01 00 555 041 02 00 555 041 03 00 555 041 04 00 555 041 05 00 555 041 06 00 555 041 07 00 555 041 08 00 555 041 09 00 555 041 10 00 555 042 10 00 555042 15 00 555 042 17 00 555 042 18 00 5, 352 04 00 J5 052 05 00 555 052 06 00 555 052 14 00 Annual Assessment $240.00 $427.32 $0.00 $0.00 $240.00 $0.00 $240.00 $1,358.46 $278.41 $339.52 $270.50 $344.51 $282.92 $500.53 $1,089.50 $4,997.45 $3,644.29 $6,609.58 $878.28 $472.48 $3,616.36 $1,063.44 $570.74 $571.49 $694.46 $511.82 $511.82 $1,206.28 $1,080.70 $3,104.82 $3,458.95 $7,001.77 $694.46 $649.75 $471.60 $2,453.40 NATIONA PARCELS APN 555 052 15 00 555 053 17 00 555 054 12 00 555 081 09 00 555 081 10 00 555 081 14 00 555 08 t 15 00 555 081 16 00 555 081 17 00 555 082 01 00 555 082 02 00 555 082 03 00 555 082 04 00 555 082 05 00 555 082 06 00 555 082 10 00 555 082 11 00 555 083 21 00 555 083 22 00 555 083 23 00 555 083 24 00 555 085 01 00 555 085 02 00 555 085 03 00 555 085 04 00 555 085 05 00 555 085 06 00 555 085 07 00 555 113 04 00 555 113 05 00 555 113 08 00 5551131100 555 113 12 00 5551131300 555 114 01 00 555 114 02 00 L CITY PBID TO BE ASSESSED Annual Assessment $2,361.54 $22,785.90 $6,377.83 $510.24 $267.23 $396.50 $216.88 $695.37 $1,992.94 $1,855.29 $244.19 $527.88 $399.68 $1,137.98 $960.23 $1,533.33 $4,097.40 $1,846.85 $5,094.43 $2,989.50 $5,751.78 $622.48 $240.00 $240.00 $464.11 $2,797.35 $187.37 $4,258.90 $808.87 $792.75 $1,269.33 $2,084.78 $1,569.72 $1,133.05 $240.00 $240.00 APN 555 114 03 00 555 114 04 00 555 114 05 00 5551140600 555 114 07 00 555 114 11 00 555 114 12 00 5551141300 556 101 01 00 556.101 02 00 556 101 15 00 556 101 16 00 556 104 01 00 556 104 02 00 556 104 18 00 556 210 25 00 556 210 26 00 556 210 27 00 556 212 01 00 556 212 02 00 556 212 03 00 556 212 04 00 556 212 05 00 556 212 06 00 556 212 07 00 556 331 03 00 556 331 04 00 556 331 05 00 556 331 14 00 556 331 15 00 556 331 20 00 556 331 21 00 556 331 22 00 556 331 23 00 556 331 24 00 556 331 25 00 Annual Assessment $215.59 $220.14 $452.48 $652.46 $1,151.14 $330.42 $1,594.28 $1,569.62 $1,614.58 $1,815.33 $5,492.84 $2,276.33 $2,485.63 $240.00 $1,820.45 $1,662.72 $1,510.43 $1,077.40 $240.00 $240.00 $496.74 $276.94 $419.14 $563.61 $754.77 $249.09 $505.91 $1,181.45 $2,439.68 $926.31 $748.13 $2,720.06 $1 ,255.39 $566.21 $715.80 $3,133.35 APPENDIX D ENGINEER'S REPORT 27 Edward Henning & Associates URBAN REVITALIZATION • FUNDING DISTRICT ASSESSMENT ENGINEER'S REPORT To Whom It May Concern: I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the proposed Downtown National City Property Business Improvement District will receive a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each iv:T.: ,tive property. eesenca repare. by Edward V. Henning, California Registered Professional Engineer # 26549 RPE #26549 Edward V. He June 1, 2004 Date (NOT VALID WITHOUT EMBOSSED CERTIFICATION SEAL AND SIGNATURE HERE) Introduction This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California Constitution (Proposition 218) to support the benefit property acseaments proposed to be levied within the Downtown National City Property Business Improvement District (Downtown National City PBID) in the City of National City, California being established for a five year period_ The discussion and analysis contained within constitutes the required "nexus" of rationale between assessment amounts levied and special benefits derived by properties within the Downtown National City PBID. NOTE 1: The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SB 919 - "Proposition 218 Omnibus Implementation Act" which clarified portions of Prop 218. It provides the Engineer and District Consultant with the ability to actually identify individual parcels which will benefit directly either in whole or in part from the proposed District funded programs and improvements and does not imply that all parcels receive assessable benefits . 1 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 - (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or "spread" amongst all properties within the PBID. The method and basis of spreading program costs varies from one PBID to another based on local geographic conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived. Supplemental Proposition 218 Procedures and Requirements Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID. These requirements are in addition to requirements imposed by State and local assessment enabling laws. These requirements were "chaptered" into law as Article X[IID of the California Constitution and then further clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et seq of the California Government Code_ Since Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first. The key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of these provisions is delineated below. (Note: All section references below pertain to Article XIII of the California Constitution): Finding 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed" There are 153 "identified" individual parcels within the Downtown National City PBID which will all derive some level of special benefit from the proposed District programs and activities. These parcels are shown on the Boundary Map within the Management District Plan and are listed as an attachment to the Plan - identified by assessor parcel number and site address. Two benefit zones have been identified within the District which generally includes all properties along and surrounding the National City Boulevard corridor from 2nd to 12d' and the 8th Street corridor from the freeway to A Avenue. 3 1333o Buttemere Rd • Phelan CA 92371 - (76o) 868-9963 • (fax) (76o) 868-6490 • nlred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of the..... —.cost of public improvement(s) or the maintenance and operation expenses. --....or the cost of the property related service being provided. The proportionate special benefit cost for each parcel is listed in an attachment to the Management District Plan. The individual percentages (i.e. proportionate relationship to the total special benefit related ro p gram and activity costs) were computed by dividing the individual parcel assessment by the total program costs. Finding 4. From Section 4(a): "No assessment...., shall exceed the reasonable cost of the proportional special benefit conferred on parcel(s)." Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which would be possible through the Downtown National City PBID, they are also considerably less than other options considered by groups like the Downtown National City PBID Formation Comrnittee. Finding 5. From Section 4(a): "Parcels. —..—.that are owned or used by any (public) agency shall not be exempt from assessment" Parcels within the District that are owned by public agencies (i.e. City of National City, the Community Development Conunission, Southwestern College etc) will also be assessed and at rates equivalent to private sector owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned parcels and any increased values and benefits derived from PBID programs and services would be similar for either public or privately owned parcels, with or without improvements. Just as the costs and effects of blight are shared by both public and private properties, so are the rewards of clean and safe as well as district promotions and marketing programs. Since there is no compelling finding or evidence that such piutxties would receive less direct benefit from the proposed PBID programs and services than surrounding private parcels, the same assessment rates would be levied. Finding 6. From Section 4(b): "Alt assessments must be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California". This report shall serve as the "detailed engineer's report" to support the benefit property assessments proposed to be levied within the Downtown National City PBID. 5 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVTTALIZATION • FUNDING combination of parcel area, building area and street frontage, there are, in turn, corresponding amounts of Basic Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for land, 33% for building area, 17% for street frontage and 1% for SFR and condo flat rates. Further, the targeted weighted revenues for each Benefit Zone were 60% for Zone 1 and 40% for Zone 2. The final adjusted weights are 61 % for Zone 1 and 39% for Zone 2. Step 3. Calculate Benefit Units for Each Property. The number of Benefit Units for each identified benefiting parcel within the Downtown National City PBID was computed from data extracted from City of National City, San Diego County and third party real estate data services property and land use records. These data sources delineate current land uses, property areas and dimensions of record for each tax parcel and are listed as an attachment to the Management District Plan. While it is understood that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision maps or building records, it does provide an acceptable basis for the purpose of calculating property based accecsments. All respective property data being used for assessment computations has been provided to each property owner in the PBID for their review. All known or reported discrepancies or errors have been corrected. Step 4. Determine Assessment Formula For a District with a single Basic Benefit Unit with one Benefit Zone, the assessment formula would be the same for each identified benefiting property as follows: Number of Basic Benefit Units x Basic Unit Cost = PBID Assessment The Downtown National City PBID assessment is to be based on three Basic Benefit Unit factors; land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units) and linear feet of property frontage (Basic Benefit "C" Units). It has been determined that the assessment should be based partially on parcel size, building size and street frontage as follows: Zone 1: Assessment = [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)] + Zone 2: Assessment = [(No. of Benefit [(No. of Benefit [(No. of Benefit [(No. of Benefit [(No. of Benefit "B-1" Units x Basic "B-1" Unit Cost)] + "C-1" Units x Basic "C-1" Unit Cost)] "A-2"Units x Basic "A-2" Unit Cost)] + "B-2" Units x Basic `B-2" Unit Cost)] + "C-2" Units x Basic "C-2" Unit Cost)] 7 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Adjusted Year 1 Revenue (For Special + General Benefit Programs/Activities) Funding Source Subtotal Revenue 0/0 PBID Assessments 3240,722.01 90.64% PBID Formation Pro -rated Credit/Year ($35,000 base) $7,000.00 2.64% PBID Formation Pro -Rated Volunteer Credit/Year (50% base) $3,500.00 1.32% Annual Board/Volunteer Credit (35% base Admin) 514,350.00 5.40% TOTAL ADJUSTED REVENUE S265,572.01 100.00% Step 7. Calculate "Basic Unit Cost" (Special Bents Only) With a Year 1 budget of $240,720.01 (special benefit only), the Basic Unit Costs ("A", "B" and "C") from the Management Plan are: TABLE 3 Basic Unit Land Use Description Benefit Zone 1 Benefit Zone 2 "A" Cost All except SFR and condos $0.0841/sf 50.0757/sf "B-a" Cost Retail, hotels, motels, visitor $0.1886/sf 50.1697/sf "B-b" Cost Office, commercial, pkg struc. $0.1696/sf $0.1697/sf "B-c" Cost Industrial, manufacturing 50.1696/sf 50.1697/sf "B-d" Cost Institutional, government etc $0.1577/sf $0.1578/sf "B-e" Cost Residential 20+ units $0.1485/sf $0.1485/sf `13 f' Cost Residential 9-19 units 50.1485/sf $0.1485/sf "B-g" Cost Residential 2-8 units 50.1485/sf 50.1485/sf "B-h" Cost Single family residential 5240 flat rate $240 flat "B-i" Cost Residential Condo 5240 flat rate rate $240 flat "C" Cot All except SFR and condos $1.8264/LF rate $1.8264/LF Since the PBID is planned for a five year term, maximum assessments for future years (Years 2 through 5) must be set at the inception of the PBID_ A maximum annual flat rate increase of 5% may be imposed each year, subject to approval by the PBID Board. 9 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING, EDWARD HENNING & ASSOCIATES Edward Henning and Associates is a multi -disciplined consulting firm offering a diverse range of community development and funding services focusing on downtown business districts and the unique problems and opportunities associated with center city areas. Types of services provided • Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates • Prop 218 Assessment Engineering Analyses and Reports (Licensed Engineer) • Downtown Revitalization Plans/Redevelopment Planning and Implementation - Establish/Administer/Field Supervision for Rehabilitation Programs and Projects • Architectural Design Guidelines/ Sign Ordinances Partial list of agencies and clients represented • Town of Apple Valley • City of Berkeley • City of Buena Park • City of Culver City • City of Huntington Park • City of Huntington Beach • City of Los Angeles - Gateway to LAX - Historic Downtown Core - Hollywood District - Melrose/Fairfax — Larchmont - Los Feliz - San Fernando Valley (6 areas) - San Vicente - Wilshire Center • City of Monterey Park • City of Napa • City of Newport Beach • City of Ontario (Downtown) • City of Oxnard • City of Pasadena • Placer County (Tahoe City) • City of San Francisco (Union Square) • City of Vacaville • City of Whittier • City of Yucaipa PBID Formation (Village) BID Formation (Downtown) BID Formation Analysis (Auto Row & Entertainment Corridor) BID Formation (Downtown) BID Formation (Pacific Blvd.) BID Formation (Auto Row District) PBID Formation & Renewal (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation & Renewal BID Formation PBID Formation (Prop 218 Compliance) Private Sector PBID Formation Hybrid BID/PBID Formation BID Modification (Downtown) PBID Formation (Downtown) BID Advising BID Modification PBID Formation (Downtown) PBID Formation (Playhouse District) Citywide Tourist Improvement District MD) PBID Formation (Downtown) PBID Formation (Prop 218 Compliance) BID Formation (Downtown) Citywide Tourist Improvement District Evaluation (i1ll) BID Modification (Uptown) PBID Formation & Renewal(Uptown) I 1333o Buttemere Rd - Phelan CA 92371 • (76o) 868-9963 - (fax) (76o) 868-6490 • mred2@earthlink.net RECEIVED JW1� j ciiu i Community Dovelopmertt Cem, ios DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Formed Under ornia Streets. and Highway Code Section'36600 Property Business Improvement District Act of 1994 FINAL PLAN SUBMITTED TO: THE DOWNTOWN NATIONAL CITY P.B.I.D. STEERING COMMITTEE THE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MARTINEZ MAYOR NICK INZUNZA AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB PRESENTED BY: MARCO LI MANDRI, NEW CITY AMERICA INC. APPROVED APRIL 30, 2004 UPDATED MAY 24, 2004 EXHIBIT "A" DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FINAL PLAN - MAY 24, 2004 TABLE OF CONTENTS I. INTRODUCTION, EXECUTIVE SUMMARY II. ADDRESS SERIES, GENERAL STREET BOUNDARIES III. WORK PLAN AND BUDGET IV. ASSESSMENT METHODOLOGY TO FUND THE SPECIAL BENEFITS V. RELEVANT ENABLING LEGISLATION, AB 1021 VI. ENGINEER'S REPORT AND RELATIONSHIP BETWEEN ASSESSMENTS PAID AND SPECIAL SERVICES RECEIVED VII.. DISTRICT GOVERNANCE APPENDIX A. MAP OF THE DISTRICT B. FIVE YEAR PROJECTION OF ASSESSMENTS C. LIST OF PARCELS INCLUDED IN DISTRICT D. CERTIFIED ENGINEER'S REPORT 2 PART I EXECUTIVE SUMMARY DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT PLAN Statement of Purpose Over the past t%vo years, the people of San Diego County have begun to see National City in a whole new light. Long identified with the extremely successful National City Mile of Cars, the City now has the distinct identity of a municipal corporation aggressively moving forward on a number of fronts. Whether it be the visionary Marina project, the development of Filipino Village, the beautification of Highland Avenue or the creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City Council, as well as the staff of the Community Development Commission, National City is in a race to re -position itself as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 215` Century. Led by a group of significant, small and long-time business and property owners, this effort to establish a Property Business Improvement District was initiated in March 2004. With great speed and tremendous commitment, it is the intent of this district to be established and generate its first revenues by the conclusion of calendar year 2004. Such an undertaking is unprecedented but reflects the seriousness of the effort of the Downtown stakeholders to redefine themselves to the surrounding region. With the growing state budget crisis in California and its resulting impact on the cities, it is safe to assume that current National City general benefit services delivered in the Downtown business district will not increase in the future. To make the Downtown district and community better, commercial and institutional property owners must look at new ways of funding special benefit services to clean up the district as well as promote the area. Such special benefit services could include bringing a new identity to the Downtown business district, funding new gateway signs to the district, regular sidewalk sweeping, sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing private security services above and beyond that of the National City Police Department, aiding in the coordination of homeless intervention services, proposing solutions to parking problems, initiating beautification programs, tree planting and maintenance, coming up with new marketing and promotions programs, defining greater visual linkages to the 8th Street Trolley stop as well as serving as an advocacy group of business and property owners. This proposed Downtown National City PBID or special benefits district would be funded through an assessment levied on each and every parcel in the finalized and approved boundaries in Downtown. Affected property owners have determined the exact costs of funding these special benefit services. All properties, public and private, would be included in this new assessment district. 3 In early April, a survey was mailed to every property owner within the initial study area. The area included all parcels on National City Blvd. between 2"`' Street on the north, 12th Street on the south, and along 8`" Street from the Trolley Stop on the west to E Avenue on the east. There are 153 parcels in the proposed district, represented by 96 property owners. The district is approximately 34 square blocks. The database compiled by New City America, Inc. reveals the following data that would create the material basis for the apportionment of assessments throughout the district: • 1,465,301 square feet in total lot size; • 448,344 square feet in total building size; • 21,744 linear feet in total frontage The survey results were quite stunning. The results of the survey were as follows: NUMBER OF RESPONSES: Respondents represented the following property variables: Lot size: Building size Linear Frontage 522,523 square feet or 35% of the total 240,713 square feet or 54% of the total 8,248 linear feet or 37% of the total Of those who responded to the survey, the following respondents, (by weight) demonstrated their support for creation of the PBID: Responses from Property Owners Who Returned PBID Survey Response Lot Size Building Size Linear Frontage Support Formation 76% 88% 77% Oppose Formation 24% 12% 23% Of those who responded, the following represent support of specific special benefits funded by the PBID: ➢ 61% had owned their property for 9 years or less; ➢ 73% were sole proprietorship or family owned properties ➢ 52% believed that National City had been portrayed negatively by the major media in the last few years; ➢ 84% believed that Downtown was unsafe or "safe, however suffers an image as an unsafe district;" ➢ 54% would support property owners funded special benefit security services; ➢ 54% feel their customers would not feel safe walking from the corner of 8th and National City Blvd. and the Trolley Stop; ➢ 64% would support initiation of property owner funded regular sidewalk/gutter sweeping and steam cleaning services; 4 ➢ 70% support property owner funded special events to improve the identity of Downtown; Based upon this level of support, the Downtown National City PBID Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROPERTY VARIABLES TO BE ASSESSED: Three property variables will be used to fund the special benefit services of the district. Those variables will include: lot or parcel size, building square footage, and linear frontage. Each of these variables can be verified by County records. By law, the district can only fund special benefits, not general benefit services. Building square footage will be further categorized by "use", (retail, hotel, church, public building, office, etc). Use determines needs and therefore special benefit to be received. SERVICES TO BE FUNDED: The primary special benefits to be funded by the creation of the district will be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8th and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for five years with provisions for annual CPI adjustments as well as annual disestablishments procedures. BENEFIT ZONES: There will be two benefit zones in the proposed district. Benefit Zones are determined by the level and frequency of services to one sector of the district, vs. another. For example, the core area parcels along National City Boulevard between 2"d and 12th, as well as 8th Street from the freeway bridge to A Avenue, will constitute Benefit Zone 1. All other parcels in the district will fall into Benefit Zone 2. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). 5 APPORTIONMENT OF BUILDING USES: Building Use Code Description of Use A Retail space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution Institutional (School, public, park Church, Tax-exempt properties D E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9 —19 units) G Multi -unit housing, apartments (2 — 8 units) H Single Family housing units (not to exceed $240 per year) I Condo units - $ 240.00 flat fee per year Approximately $146,095.30 (61%) of the assessments will be generated from parcels within Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2 parcels. COST: Downtown National City PBID First Year Costs by Property Variable PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE Lot Square Footage $ 0.0841 per square foot per year $0.0757 per square foot per year $118,053.09 (49%) Building Square Footage (range) $ 0.1485-$0.1886 per square foot per year $0.1485-$0.1697 per square foot per year $80,075.68 (33%) Linear Frontage $1.8264 per linear foot per year $1.8264 per linear foot per year $39,713.24 (17%) Single Family Home and Condo Annual Fee $ 240.00 $240.00 $2,880.00 (1%) Total Annual Budget $240,722.01 ANNUAL ADJUSTMENTS: The Board of Directors of the Management Corporation will be given the option to increase _ the assessments annually based upon the San Diego County regional CPI indicator or by an amount not to exceed 5% from the previous year's assessments. The Management Corporation shall have the right to shift allocations within the four categories as they feel appropriate and as long as it remains consistent with the intent of the plan. The Board shall also have the right to shift up to 10% per year from category to category, each year, as needs change with the priorities of special benefits. 6 PART II ADDRESS SERIES, GENERAL STREET BOUNDARIES LOCATION: In general, the Downtown National City PBID includes all private and public parcels within the following boundaries: Street Address Series Street Name 704-724 A Avenue 827 B Avenue 811 — 817 C Avenue 831 — 835 D Avenue 41— 43 E. 12th St. 14 — 35 E. 3rd St. 10 E. 5th St. 22-404 E. 8th St. 419 E. 9th St. 810 — 925 Hoover Avenue 205 —1146 National City Blvd. 225 —1133 Roosevelt Avenue 25 — 38 W. l lth St. 21 W. 12th St. 30 W. 2"d Avenue 21 — 27 W. 3rd Avenue 21 W. 7th St. 110 — 200 W. 8th St. 111- 225 W. 9th St. 32 — 121 W. P►aza Blvd. PART III WORK PLAN AND BUDGET SERVICES: Special benefit services to be financed by the Downtown National City Boulevard Property Business Improvement District will primarily include funding the following types of services. Based upon the survey results of the property owners, and estimated costs and services, the preliminary special benefits funded by the Downtown National City Property Business Improvement District are as follows: Proposed Downtown National City PBID: 1. Public Rights of Way and Sidewalk Operations (PROWSO) • Sidewalk sweeping; • Beautification; • Decorations and banners; • Enhanced trash receptacle placement and regular emptying; • Removal of bulky items; • Tree and shrub planting and maintenance ■ Work with City on hazardous issues; ■ Maintenance of public order in the sidewalks; • Homeless intervention; • Equipment, supplies, tools; • Misc. 2. District Identity and Streetscape Improvement (DISI) (Predominantly in Benefit Zone 1) • Special events (1 per year); • Web site; ■ Pedestrian kiosks/signage • Underwriting advertising coop for hotel and retail 3. Administration. and Corporate Operations: • Staffing; • Insurance; • Office related expenses; • Misc. 4. Contingency/Reserve: • Delinquencies; • City costs; • County costs; • Hardship; • Reserves; 8 Consistent with state law, any property assessment district must confer a special benefit to real property owners paying into the assessment district. At times, specific parcels will derive greater benefit, due to their proximity to a "core" area. These core and peripheral parcels, will from time to time, be designated through "benefit zones." The Downtown National City PBID anticipates two benefit zones, each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: The Downtown National City PBID Benefit Zones are created based upon the frequency and type of special benefit services that might be desired. For example, the core area near National City Boulevard and 8`h Street may need special benefit services six days per week, have large special events and be the focus of many promotional activities. These property owners would pay for those specific special benefit services based upon the anticipated benefit to be received. Benefit Zone Zone 1 (core area) Zone 2 (peripheral area) Boundaries National City Boulevard from 2nd to 12`h Street 8th Street from the freeway bridge to A Avenue All other streets in the district not included in Benefit Zone 1 TABLE 1 -FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES Special Benefit Service Benefit Zone 1 Frequency 6 days per week Benefit Zone 2 Frequency 4 days per week Public rights of way and sidewalk operations (PRO WSO) District Identity and Streetscape Improvements (DISI) • Special Events • Holiday Decorations Through programs Once per year Seasonally Through programs None None Administration/Corporate Operations Monday — Friday Monday — Friday 9 FART IV ASSESSMENT METHODOLOGY TO FUND SPECIAL BENEFITS BUDGET: The first year annual budget is projected to be $240,722.01. Annual adjustments of up to a maximum of 5% over the previous year's gross assessment amount are allowable, subject to the approval of the Downtown National City Property Business Improvement District Management Corporation. TABLE 2 — SPECIAL BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS PER BENEFIT ZONE PROWSO Personnel Estimated Costs Service Benefit Zone 1 Benefit Zone 2 PROWSO: • Sidewalk Sweeping; • Beautification • Decorations and banners • Enhanced trash receptacle emptying • Removal of bulky items • Reporting hazards to City; • Removal of bulky items; • Tree and shrub planting and maintenance • Maintenance of public order • Homeless intervention 6 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed 4 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed ESTIMATED PERSONNEL NEEDS* '/ cost of Supervisor; ($ 23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) 1 maintenance worker, six days per week, 48 hours ($30,720) %: cost of Supervisor; ($23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) Estimated maintenance personnel costs 581,610 $ 50,890 Total Estimated Personnel Cost $ 132,500 10 *THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE COSTS ARE ONLY USED AS A REFERENCE, THE LINE ITEM IN THE BUDGET FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00 ANNUALLY. The basis of determining personnel costs is derived from One Source, a nationwide company that provides employees for many building management companies, as well as BIDs. One Source's rates on labor include workers comp, payroll taxes, check disbursement, health benefits, vacation and sick time. Most importantly, these are contracted employees and therefore release the management corporation of payroll and personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6 in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00 per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay. We reiterate that this is simply a tool for calculating costs of maintenance personnel. The free market, and competitive bidding may produce higher and better results. It is the job of the management corporation to maximize the delivery of special benefit services to the property owners based upon various category and line items of services. The function of this crew is to deal with all services in the public rights of way, including but not limited to: sweeping, beautification, decorations, security, etc. TABLE 3 — SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON -PERSONNEL ANNUAL COSTS INCLUDING EQUIPMENT AND MATERIALS PROWSO Equipment and Materials Estimated Annual Cost Truck lease, insurance $ 6,000 Uniforms $ 1,000 Communications $ 4,000 Supplies $ 8,000 Water $ 1,000 Dumpster costs $ 6,000 Nursery Items $ 8,000 Small Equipment $ 3,000 Miscellaneous $ 3,500 Total Estimated Annual Equipment Costs $ 40,500 Again, these services may be provided by an outside contractor, however accommodations must be made for these costs whether done in-house of to an outside contractor. In addition, this budget does not assume any grants from public agencies or foundations that could underwrite the costs of equipment. Nor does it assume that the City would pay for landscaping water related costs or dumpster removal fees, both of which could be negotiated with the CDC. 11 TABLE 4 — DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS SUGGESTED BUDGET ITEMS Program to befunded/Both Benefit Zones Estimated First Year Annual Cost Special events (1 per year); $ 5,000 Logo Creation (First Year only) $ 1,000 Web site creation and maintenance $ 4,000 Pedestrian kiosks/signage annually $ 4,000 Total Estimated First Year Annual Costs $ 14,000 TABLE 5 - ADMINISTRATION AND CORPORATE OPERATIONS SUGGESTED ALLOCATIONS Program to be Funded Estimated First Year Annual Cost Staff (Community Advocacy, retail attraction, Corporate minutes, administration to Board) $ 26,000 Insurance $ 3,000 Office rent $ 6,000 Phone/Fax $ 1,000 E-mail Service $ 800 Office supplies $1,000 Office Equipment $ 2,000 Utilities $ 1,200 Total Estimated Annual Costs $ 41,000 TABLE 6 — SPECIAL BENEFIT SERVICES/CONTINGENCY — RESERVE ANTICIPATED NEED Program to be Funded Estimated First Year Cost County Costs (1.7% of total assessments) City costs ($500.00 per year) No -pays, (uncollected assessments) (?) Misc./Reserve (Balance of expenses) Total Estimated Annual Costs $ 12,772.01 12 TABLE 7 — TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Program First Year Allocation % of Total Budget Public Rights of Way and Sidewalk Operations — Personnel and Equipment for All Benefit Zones $ 173,000.00 72% District Identity and Streetscape Improvements $.14,000.00 6% Administrative/Corporate Operations $ 41,000.00 17 % Contingency/Reserve $ 12,722.01 5% Total Estimated First Year Costs of Programs $ 240,722.01 100% METHOD OF FINANCING: This method of financing the special services is based upon the levy of assessments on real property that benefits from proposed improvements and activities. This represents a "benefit assessment district" as defined in the California Streets and Highway Code. Assessed valuation cannot be used as the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978. There are at least four basic factors that will be used in determining individual assessments. These factors include 1) linear frontage, 2) land area and 3) building square footage, 4) building use. The assessments for the Downtown National City PBID are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. Linear frontage will be assessed on all sides of the parcel receiving benefit. PBID assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. They are then transferred directly to the Downtown National City PBID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. TABLE 8 - TOTAL GROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES Property Variables Total in District Lot Size 1,465,301 square feet Building Size 448,344 square feet Linear Feet 21,744 linear feet There are 153 parcels and 96 legal owners currently in the database of the above mentioned property variables. There are about 34 square blocks in the district. 13 Apportionment of Costs to Property Variables used in the Assessment Methodolo'y As is common practice, various property variables fund different special benefit services in the district. We have employed an assessment methodology that we believes supports the relationship between assessments paid and benefits received. The following programs and services must confer a special benefit to real property owners to be consistent with Article XIII (d) of the state constitution. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). TABLE 9 - DEFINITION OF BUILDING/LAND USES: Building Use Code Description of Use A Retail space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution D Institutional (School, public, park Church, Tax-exempt properties E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9 — 19 units) G Multi -unit housing, apartments (2 — 8 units) H Single Family housing units (not to exceed $240 per year) I Condo units, $ 240.00 flat fee per year The proposed apportionment of special benefits to the various property variables are as follows: I TABLE 10— APPORTIONMENT OFSERVICES TOPROPERTY VARIABLES Program to be Funded Benefit Zone Apportioned to Variable PROWSO: ■ Maintenance Personnel 1 V2 to all building square footage, ($ 81,610) V2 to all lot size in Benefit Zone 1 • Maintenance Personnel 2 V2 to all building square footage, ($50,890) V2 to all lot size in Benefit Zone 2 • Non -personnel, equipment 1, 2 All linear frontage, apportioned ($ 40,500) equally in both Benefit Zones DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: • Special events (1 per year) 1 Building square footage "a" only ( $5, 000) • Logo creation 1, 2 Building square footage a — c ($1,000) ■ Web site creation/maintenance 1, 2 Building square footage a — c ($4,000) • Pedestrian kiosks/signage 1, 2 Building square footage a — d ($ 4,000) ADMINISTRATION AND CORPORATE 1, 2 Apportioned equally to all lot size OPERATIONS ($ 41,000) in both zones CONTINGENCY/RESERVE 1, 2 Apportioned equally to all lot size ($ 12,722.01) in both zones The assessment methodology annual costs are summed up in the following table: 15 TABLE 11 — ANNUAL COSTS PER SPECIAL BENEFIT SERVICE AND BENEFIT ZONE Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 1 $0.0841 a. $0.1886 b. $0.1696 c. $0.1696 d. $0.1577 e. $0.1485 f. $0.1485 g. $0.1485 $1.8264 $146,095.30 Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 2 $0.0757 a. $0.1697 b. $0.1697 c. $0.1697 d. $0.1578 e $0.1485 f. $0.1485 g. $0.1485 $1.8264 $94,626.71 Both Condos and Single family homes $ 240.00 per year per unit Approximately $146,095.30 (61%) of the assessments will be generated from parcels within Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2 parcels. CONDO FACTOR: It is unknown at this point how much future condos will contribute to the district. Since the condos are being built in mixed use or commercially zoned areas, they are not exempt from payment into the assessment district. The condo owners will derive and appreciate the special benefit services they will receive from the cleaning and beautification services in the district. Provisions will be made to avoid a property variable and unit assessment for condos. Once a parcel or parcel(s) have been converted to condos, the per unit fee will kick in, however that parcel will have its linear frontage, building square footage and lot size deleted as a variable to be assessed. For example, if a 5,000 square foot lot is converted from a parking lot to a 10 unit condo development, that parcel will be reassessed to capture the $2,400 condo assessments annually now generated from that parcel (10 x $240.00 per year). Simultaneously, the property variables of that parcel, will be eliminated from the overall PBID database so the new condo owners are not doubly assessed for their property variables and condo units. Condos and residentially utilized single family residences will pay the same flat fee per year into the district. Condos will be fully assessed once they have been constructed and parcelized. Condos under construction shall pay $240, Tess a 50% reduction until completed and parcelized. 16 TABLE 12 - DOWNTOWN NATIONAL CITY PBID FIRST YEAR COSTS BY PROPERTY VARIABLE PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE Lot Square Footage $ 0.0841 per square foot per year $0.0757 per square foot per year $118,053.09 (49%) Building Square Footage (range) $ 0.1485-$0.1886 per square foot per year $0.1485-$0.1697 per square foot per year $80,075.68 (33%) Linear Frontage $1.8264 per linear foot per year $1.8264 per linear footper year $39,713.24 (17%) Single Family Home and Condo Annual Fee $ 240.00 $240.00 $2,880.00 (1%) Total Annual Budget $240,722.01 TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY PBID Property Variable Total Gross Variable, Amount Generated First Year Parcel or Lot Size 1,465,301 $118,053.09 Building Square Feet 448,344 $80,075.68 Linear Frontage 21,744 $39,713.24 Single Family Horne and Condo Annual Fee 12 $2,880.00 Total Assessments, First Year —Both Zones $240,722.01 17 PART V RELEVANT ENABLING LEGISLATION, AB 1021 The relevant enabling PBID legislation, which allows the property owners of Downtown National City to fund these special benefit services, is to be found in... Section 36600 of the California Streets and Highway Code known as the Property Business Improvement District Law of 1994. (Amended in 2000, 2003) On July 20, 2001, Governor Gray Davis signed AB 1021, approving changes to the Property Business Improvement District Law of 1994, (Cal. Streets and Highway Code Sections 36600 et. Seq.) which changes several procedures involving PBIDs. The law became effective on January 1, 2002. The major change within the law is the establishment of an "Owner's Association." This Association will be a private, non-profit entity that will contract with the City to manage the PBID. It will be subject to the Brown Act (Ca. Government Code Sections 54950 et seq.) and the California Public Records Act (Cal Government Code Sections 6250 et seq.). However, the Association will not be considered as a public entity for any other purpose. Similarly, any board members or staff will not be considered public officials. -Under the amended law, all property owners who do not pay assessments will be subject to penalties for delinquent payments. The amended statute also provides provisions for renewal of the PBID. If the PBID is renewed after its first term (up to five years), the funds from the prior district may be used in the renewed district only for the benefit of the parcels within the boundaries of the prior district. If no parcels from the prior district are within the renewed district, the funds must be returned to the property owners. Also, upon renewal, a district may be renewed for up to ten years. These changes clarify issues regarding PBID operations and formation and the status of the non-profit organizations that manage PBIDs in the aftermath of the court ruling in Epstein vs. the Hollywood Entertainment District. The Epstein decision classified non-profit organizations that managed PBIDs as public entities for purposes of the Brown Act. The issue has been raised that if the organizations were public entities for the Brown Act, could they also be public entities for other acts, such as the Political Reform Act. The changes in the new legislation ensure that these PBID and BID Management Corporations are not considered public entities for any California law except the Ralph M. Brown Act and the Public Records Act. Proposition 218 (Article XIII D of the state constitution) states in Section 4 (a): "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional benefit conferred on that parcel. Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." 18 FORMATION: ■ District formation requires submittal of petitions from property owners representing at least 50% of the total assessment. The "Right to Vote on Taxes Act" (Proposition 218) requires that more than 50% of the ballots received, weighted by assessment, be in support of the District. • This petition support ensures that the mail ballot procedure will be successful in the formation of the district. Once the necessary threshold of petitions have been collected, the management district plan will then be submitted to the City to begin processing the public hearing. With the adoption of an ordinance of intention, the City Council will authorize the City Clerk to send out the mail ballots to all affected property owners to determine their support for the establishment of the district. • When all is said and done, the first assessments should be collected with the annual property tax bill in December 2004 with the Management Corporation receiving its first installment payment in January 2005. DURATION: • Pursuant to State Law, the District will have a set term. The proposed district will have a five-year life commencing January 1, 2005. After five years, the petition process must be repeated for the District to be re-established. 19 TIME LINE AS SPECIFIED BY LAW: The district must be established to take advantage of the, County's tax assessment notification schedule. Mindful of that, all property related assessment districts must be established by the end of July in any calendar year, in order to have assessments levied on parcels for the upcoming fiscal year. In our case, the district must be established through an assessment ballot proceeding in late July 2004, in order to notify the County in time for the 2004-05 fiscal tax year. The first assessments would then appear on the property tax statements due in December 2004. In order to take advantage of this schedule, as well as to generate revenues in early 2005, the following time line has been adopted to ensure timely funding of special benefit programs: To work effectively, we must look at the completion date and work backwards: Date must be completed by Task to be completed July 20`h, 2004 Public hearing/assessment balloting proceeding, ballots counted by weight June 8th Resolution of intent by City to establish the district May 1S`-June 7th Property owners representing 50% of the weight, based upon assessments to be levied, must sign petition endorsing the management district plan; Assessment engineer certifies plan as compliant with Proposition 218 April 30`h Finalize management district plan including special benefit services to be provided, duration of district, boundaries, benefit zones, assessment methodology, administration, etc. Initiate petition drive April 20, 2004 First rough draft Management District Plan submitted to PBID Steering Committee 20 PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND THE DURATION OF THE DISTRICT A. Assessment Methodology Property owners in Downtown National City have emphasized that an assessment formula for a PBID be fair, balanced and commensurate with special benefits received. NEW CITY AMERICA has contracted with Ed Henning and Associates to come up with a plan that has been certified by a licensed engineer. In preparing the engineer's report for the Downtown National City PBID, the engineer concluded that the special benefit to each parcel was found to be proportional to the property variable and their apportionment. An Engineer's report for the PBID is provided in the Appendix. B. Time and Manner for Collecting Assessments: As provided by state law, the Downtown National City Property Business Improvement District will appear as a separate line item on the annual property tax bills prepared by the San Diego County Tax Assessor. Property tax bills are generally distributed in the Fall and payment is expected by lump sum or in two installments. The County Assessor shall distribute the assessments to the City who will in turn then forward them to the designated Downtown National City PBID Management Corporation pursuant to the authorization of this plan. Existing laws for enforcement of property taxes apply to the Management District assessments. The assessments shall be collected at the same time and in the same manner as for any possessory interest tax paid to the County of San Diego. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the possessory interest tax. The "property owner" of the possessory interest shall be any person as the owner/taxpayer on the last equalized possessory interest assessment roll or otherwise known to be the owner/taxpayer by the City Council. The City Council has no obligation to obtain other information as to the ownership of the interest, and its determination or ownership shall be final and conclusive for the purposes of this district. 21 C. Publicly Owned Parcels and Government Assessments: The Downtown National City PBID Steering Committee assumes that the City of National City, The Community Development Commission, Southwestern College, the County, the Unified School District, the State of California and any other publicly owned parcels will pay assessments for the special benefits conferred upon government owned property within the boundaries of the PBID. Article XIII D of the California Constitution, (Proposition 218), explains the basis for assessing publicly owned parcels: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from Assessments unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. D. Annual Assessment Adjustment: The PBID Management Corporation, will be granted the option of increasing the assessments annually based upon the Consumer Price Index of San Diego County or by a flat amount, not to exceed 5% per year. E. District Duration: Pursuant to State PBID Law, the Downtown National City PBID will have a duration of five years, commencing on January 1, 2005 and extending through December 31st 2009. This is the maximum period allowable for a new PBID under state legislation. Any continuation of the District after its five-year period will require compliance with all regulations and statutes in place at the time relative to the establishment of the new PBID. 22 PART VII DISTRICT GOVERNANCE AND THE DOWNTOWN NATIONAL CITY P.B.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PBID Management Corporation in the administration of the district. Conflict of Interest: ♦ Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include, but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring or selecting the relatives of Board members, etc. In addition, the Management Corporation shall aim to meet the following operational objectives for the district... Create and manage programs that best respond to the top priorities of district property owners; • Maximize coordination of the City government to avoid duplication of services and to leverage resources; • Deliver services through a cost-effective, non -bureaucratic and easy to access organizational structure; • Provide accountability and responsiveness to those who pay through open access to Board meetings, elections to the Board and Board records. 23 APPENDIX A MAP OF THE DISTRICT 24 • • • Downtown National City PBID Benefit Zone 1 Benefit Zone 2 APPENDIX B FIVE-YEAR PROJECTION OF THE ASSESSMENTS ASSUMING THE MAXIMUM ANNUAL INCREASE 25 Downtown National City P.B.I.D. FIVE YEAR PROJECTION OF ASSESSMENTS WITH 5% ANNUAL ADJUSTMENT Projected Budget 2005 5% 2006 5% 2007 5% 2008 5% 2009 Public Rights of Way and Sidewalk Operations $173,000.00 $8,650.00 $181,650.00 $9,082.50 $190,732.50 $9,536.63 $200,269.13 $10,013.46 $210,282.58 District Identity and Streetscape Improvements $14,000.00 $700.00 $14,700,00 $735,00 $15,435.00 $771,75 $16,206.75 $810.34 $17,017,09 Administrative/Corporate Operations $41,000.00 $2,050.00 $43,050.00 $2,152.50 $45 202.50 $2,260.13 $47,462.63 $2,373,13 $49,835.76 Contingency/Reserve $12,722.01 $636.10 $13,358.11 $667.91 $14,026.02 $701.30 $14,727.32 $736.37 $15,463.68 Total $240,722.01 $12,036.10 S252,758.11 $12,637.91 $265,396.02 $13,269.80 $278,665.82 $13,933.29 $292,599.11 6/8/04 APPENDIX C LIST OF PARCELS INCLUDED IN THE DISTRICT 26 APN .,30 01 00 555 030 02 00 555 030 03 00 555 030 04 00 555 030 05 00 555 030 06 00 555 030 07 00 555 030 08 00 555 030 09 00 555 030 10 00 555 030 11 00 555 030 12 00 555 030 13 00 555 030 14 00 555 030 17 00 55s 030 20 00 ., .J30 21 00 555 030 22 00 555 041 01 00 555 041 02 00 555 041 03 00 555 041 04 00 555 041 05 00 555 041 06 00 555 041 07 00 555 041 08 00 555 041 09 00 555 041 10 00 555 042 10 00 555"042 15 00 555 042 17 00 555 042 18 00 J52 04 00 555 052 05 00 555 052 06 00 555 052 14 00 Annual Assessment $240.00 $427.32 $0.00 $0.00 $240.00 $0.00 $240.00 $1,358.46 $278.41 $339.52 $270.50 $344.51 $282.92 $500.53 $1,089.50 $4,997.45 $3,644.29 $6,609.58 $878.28 $472.48 $3,616.36 $1,063.44 $570.74 $571.49 $694.46 $511.82 $511.82 $1,206.28 $1,080.70 $3,104.82 $3,458.95 $7,001.77 $694.46 $649.75 $471.60 $2,453.40 NATIONA PARCELS APN 555 052 15 00 555 053 17 00 555 054 12 00 555 081 09 00 555 081 10 00 555 081 14 00 555 08t 15 00 555 081 16 00 555 081 17 00 555 082 01 00 555 082 02 00 555 082 03 00 555 082 04 00 555 082 05 00 555 082 06 00 555 082 10 00 555 082 11 00 555 083 21 00 555 083 22 00 555 083 23 00 555 083 24 00 555 085 01 00 555 085 02 00 555 085 03 00 555 085 04 00 555 085 05 00 555 085 06 00 555 085 07 00 5551130400 555 113 05 00 555 113 08 00 5551131100 555 113 12 00 555 113 13 00 555 114 01 00 555 114 02 00 L CITY PBID TO BE ASSESSED Annual Assessment $2,361.54 $22,785.90 $6,377.83 $510.24 $267.23 $396.50 $216.88 $695.37 $1,992.94 $1,855.29 $244.19 $527.88 $399.68 $1,137.98 $960.23 $1,533.33 $4,097.40 $1,846.85 $5,094.43 $2,989.50 $5,751.78 $622.48 $240.00 $240.00 $464.11 $2,797.35 $187.37 $4,258.90 $808.87 $792.75 $1,269.33 $2,084.78 $1,569.72 $1,133.05 $240.00 $240.00 APN 5551140300 555 114 04 00 555 114 05 00 555 114 06 00 555 114 07 00 555 114 11 00 555 114 12 00 555 114 13 00 556 101 01 00 556 101 02 00 556101 1500 556 101 16 00 556 104 01 00 556 104 02 00 556 104 18 00 5562102500 556 210 26 00 556 210 27 00 556 212 01 00 556 212 02 00 556 212 03 00 5562120400 556 212 05 00 556 212 06 00 556 212 07 00 556 331 03 00 556 331 04 00 556 331 05 00 556 331 14 00 556 331 15 00 556 331 20 00 556 331 21 00 556 331 22 00 556 331 23 00 556 331 24 00 556 331 25 00 Annual Assessment $215.59 $220.14 $452.48 $652.46 $1,151.14 $330.42 $1,594.28 $1,569.62 $1,614.58 $1,815.33 $5,492.84 $2,276.33 $2,485.63 $240.00 $1,820.45 $1,662.72 $1,510.43 $1,077.40 $240.00 $240.00 $496.74 $276.94 $419.14 $563.61 $754.77 $249.09 $505.91 $1,181.45 $2,439.68 $926.31 $748.13 $2,720.06 $1,255.39 $566.21 $715.80 $3,133.35 APN Annual Assessment 556 332 20 00 $1,764.62 556 332 21 00 $535.59 556 332 22 00 $375.86 556 332 23 00 $253.70 556 332 24 00 $1,409.83 556 333 15 00 $2,626.38 556 333 17 00 $4,907.21 556 333 18 00 $522.19 556 334 19 00 $2,101.81 556 334 20 00 $282.35 556 334 21 00 $410.30 556 334 22 00 $452.14 556 471 03 00 $2,233.31 556 471 04 00 $575.76 556 471 16 00 $1,585.34 556 471 17 00 $2,69126 556 471 23 00 $4,830.57 556 471 24 00 $3,673.51 556 472 23 00 $2,019.79 556 472 24 00 $527.74 556 472 26 00 $3,056.70 556 472 27 00 $265.95 556 473 15 00 $1,526.52 556 473 16 00 $792.75 556 473 17 00 $962.08 556 474 01 00 $1,610.56 556 474 02 00 $739.54 556 474 21 00 $2,527.99 556 493 01 00 $1,290.96 556 493 04 00 $934.44 556 493 05 00 $240.00 556 553 01 00 $694.46 556 553 02 00 $357.75 556 553 03 00 $409.23 556 553 04 00 $616.95 556 553 05 00 $1,592.79 NATIONA PARCELS T APN 556 553 09 00 556 553 12 00 556 553 13 00 556 554 16 00 556 554 17 00 556 554 18 00 556 554 19 00 556 554 20 00 556 554 21 00 L CITY PBID 0 BE ASSESSED Annual Assessment $515.54 $567.57 $526.29 $4,415.42 $6,245.33 $1,195.18 $569.85 $1,205.03 $1,568.79 APN Annual Assessment APPENDIX D ENGINEER'S REPORT 27 Edward Henning & Associates URBAN REVITALIZATION • FUNDING Downtown National City Property Business Improvement District CITY OF NATIONAL CITY - CALIFORNIA DISTRICT ASSESSMENT ENGINEER' S REPORT Prepared by Edward V Henning, California Registered Professional Engineer # 26549 Edward Henning & Associates Phelan California June 1, 2004 13330 Buttecnere Rd • Phelan CA 92371 • (760) 868,-9963 • (fax) (760) 868-6490 • mred2@earthlink.net ATTACHMENT N Edward Henning & Associates URBAN REVITALIZATION • FUNDING DISTRICT ASSESSMENT ENGINEER'S REPORT To Whom It May Concern: I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the proposed Downtown National City Property Business Improvement District will receive a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each respective property. Prepare. by Edward V. Henning California Registered Professional Engineer # 26549 RPE #26549 June 1, 2004 Edward V. He _ Date (NOT VALID WITHOUT EMBOSSED CERTIFICATION SEAL AND SIGNATURE HERE) Introduction This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California Constitution (Proposition 218) to support the benefit property accr-csments proposed to be levied within the Downtown National City Property Business Improvement District (Downtown National City PBID) in the City of National City, California being established for a five year period The discussion and analysis contained within constitutes the required "nexus" of rationale between asment amounts levied and special benefits derived by properties within the Downtown National City PBID. NOTE 1: The terminology "identified benefiting parcel" or "property" is used 919 - "Pro throughout this report pursuant to SB position 218 Omnibus Implementation Act" which clarified portions of Prop 218. It provides the Engineer and District Consultant with the ability to actually identify individual parcels which will benefit directly either in whole or in part from the proposed District funded programs and improvements and does not imply that all parcels iec,eive assessable benefits . 13330 Buttemere Rd • Phelan CA 9237t • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates . URBAN REVITALIZATION • FUNDING BackEround The Downtown National City PBID is a property -based benefit assessment type district being established pursuant to Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District Law of 1994 (the "Act"). Due to the benefit assessment nature of assessments levied within a PBID, district program costs are to be distributed amongst all identified benefiting properties based on the proportional amount of program benefit each property is expwted to derive from the assessments collected. Within the Act, frequent references are made to the concept of relative "benefit" received from PBID programs and activities versus amount of assessment paid_ Only those properties expected to derive special benefits from PBID funded programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be received. The method used to determine benefits derived by each identified property within a PBID begins with the selection of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the Downtown National City PBID, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or building size in square feet or number of building floors or proximity to major corridors in average linear feet, or any combination of these factors. Quantity takeoffs for each parcel are then measured or otherwise ascertained. From these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances such as unique geography, land uses, development constraints etc. arecarefully reviewed relative to specific programs and improvements to be funded by the PBID in order to determine any levels of diminished benefit which may apply on a parcel by parcel or categorical basis. Based on the factors described above such as geography and nature of programs and activities proposed, an assessment formula is developed which is derived from a singular or composite basic benefit unit factor or factors. Within the assessment formula, different factors may be assigned different `weights" or percentage of values. Next, all program and activity costs, including incidental costs, district administration, ancillary programs, and volunteer and comped resource and material credits are estimated. It is noted, as stipulated in Proposition 218, and now required of all property based assessment districts, indirect and general benefits may not be incorporated into the assessment formula and levied on the district properties; only direct or "special" benefits and costs may be considered. Indirect or general benefit costs must be calculated and factored out of the assessment cost basis to produce a "net" cost figure. In addition, Proposition 218 no longer exempts government owned property from paying benefit assessments and these properties must be factored into the assessment roll if special benefit is determined to be conferred upon such properties. 2 13330 Buttemere Rd - Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is known as "spreading the assessment' or the "assessment spread" in that all costs are allocated proportionally or "spread" amongst all properties within the PBID. The method and basis of spreading program costs varies from one PBID to another based on local geographic conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived. Supplemental Proposition 218 Procedures and Requirements Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID_ These requirements are in addition to requirements imposed by State and local assessment enabling laws. These requirements were "chaptered" into law as Article MID of the California Constitution and then further clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et seq of the California Government Code_ Since Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first. The key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of these provisions is delineated below. (Note: All section references below pertain to Article XIII of the California Constitution): Find_ J.L.L. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed" There are 153 "identified" individual parcels within the Downtown National City PBID which will all derive some level of special benefit from the proposed District programs and activities. These parcels are shown on the Boundary Map within the Management District Plan and are listed as an attachment to the Plan - identified by assessor parcel number and site address. Two benefit zones have been identified within the District which generally includes all properties along and surrounding the National City Boulevard corridor from 2nd to 12th and the 8i° Street corridor from the freeway to A Avenue. 3 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates . URBAN REVITALIZATION • FUNDING Findint 2. From Section 4(a): "Separate the general benefits from the special benefits conferred on parcel(s). Only special benefits are assessable. " As stipulated by Prop 218, accecsment district programs and activities confer a combination of general and special benefits to district properties, but the only program benefits which can be funded through assessments are those attributed to special property related benefits. Thus, a portion of the program costs must be considered attributable to general benefits and assigned a value. Conventional assessment engineering experience has found that general benefits within a given district typically average 10% of the total adjusted costs with a 5% deviation. (Total adjusted costs include actual proposed PBID program costs plus any additional supplemental or matching program costs as well as applied credits from sources such as start up grants, Board/Committee member service credits and sl,a ialized assessment reductions/adjustments.) There are three common methods for determining general and spa ial benefit ratios within assessment districts: (1) The parcel by parcel allocation method (2) The program/activity line item allocation method, and (3) The composite district overlay determinant method. The vast majority of PBIDs in California have used Method #3, the composite district overlay determinant method which will be used for the Downtown National City PBID. Using empirical data from other PBIDs, a focused range for general benefits from 5-15% is used. Based on a composite of district criteria such as the shape of the Downtown National City PBID, the existence of two benefit zones, a three-four element assessment formula, the proximity all of district properties to the applicable program benefit zones, and the nature of the proposed programs and activities, a specific "overlay" value of 5% is assigned to the general benefit portion of the total adjusted costs. This leaves a value of 95% assigned to special benefit related costs. Since the total program cost is estimated at S265,572.01 (see Table 1 later in this Report), the maximum special benefit portion which can be recouped through property assessments, is S252,293.41. Remaining costs which are attributed to general benefits, will need to be derived from other sources. (e.g. public/private matching grants, startup grants, startup volunteer credits or ongoing board member volunteer credits). 4 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of the. ..... „..cost of public improvement(s) or the maintenance and operation expenses. --....or the cost of the property related service being provided. The proportionate sl,xial benefit cost for each parcel is listed in an attachment to the Management District Plan. The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity costs) were computed by dividing the individual parcel assessment by the total program costs. Finding 4. From Section 4(a): "No assessment..„._ shall exceed the reasonable cost of the proportional special benefit conferred on parcel(s)." Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which would be possible through the Downtown National City PBID, they are also considerably less than other options considered by groups like the Downtown National City PBID Formation Committee. Finding 5. From Section 4(a): "Parcels. --.that are owned or used by any (public) agency shall not be exempt from assessment." Parcels within the District that are owned by public agencies (i.e. City of National City, the Community Development Conunission, Southwestern College etc) will also be assPccPd and at rates equivalent to private sector owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned parcels and any increased values and benefits derived from PBID programs and services would be similar for either public or privately owned parcels, with or without improvements. Just as the costs and effects of blight are shared by both public and private properties, so are the rewards of clean and safe as well as district promotions and marketing programs. Since there is no compelling finding or evidence that such properties would receive less direct benefit from the proposed PBID programs and services than surrounding private parcels, the same assessment rates would be levied. Finding 6. From Section 4(b): "All assessments must be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California". This report shall serve as the "detailed engineer's report" to support the benefit property assessments proposed to be levied within the Downtown National City PBID. 5 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 - mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated (along with) the total amount thereof chargeable to the entire district, the duration of such payments, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated." The individual and total parcel assessments attributable to spa. -al property benefits are shown on an attachment to the Management District Plan. The district and resultant assessment payments will continue for five years and may be renewed again at that time. The reasons (purposes) for the proposed assessments are outlined in the Management District Plan. The calculation basis of the proposed assessment for the PBID is attributed in part to the specific amount of property size, building size and street frontage. Special Benefit and Assessment Analysis Step 1. Select "Basic Benefit Unit(s)" PBID assessment formulas typically are based on either property street frontage or parcel and building size or location, all which can affect the amount of benefit conferred on a particular parcel and the proportionate assessment to be paid. The formula may base assessments on a single factor or a combination of factors. Based on the nature of the program activities to be funded by the Downtown National City PBID, which relate to the proportionate amount of real estate (i.e. land) held in ownership, development intensity (i.e. building area) and property street frontage as well as land use, it has been determined that the assessments for the PBID will be based proportionately on a combination of parcel size, building size, land use and street frontage. In addition a flat rate will be applied to single family residential (SFR) and residential condo units located on non -residentially zoned land. The `Basic Benefit Unit" will be expressed as a function of land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units - further refined by land use) and linear feet of property frontage (Basic Benefit "C" Units). Based on the shape of the Downtown National City PBID, as well as the nature of the District program elements, it is determined that two benefit zones exist in which identified properties will gain a direct, albeit, proportionate degree of benefit based on the respective amount of parcel size, building size, land use and street frontage. Step 2. Quantify Total Basic Benefit Units Taking into account all identified benefiting properties, there are 1,465,301 square feet of assessable parcel land area within the District, 448,344 square feet of assessable building area and 21,744 linear feet of property street frontage. In addition, there are 12 assessable single family/condo units. Since the selected Basic Benefit Unit is based on a 6 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Zone 2: Assessment = Edward Henning & Associates URBAN REVITALIZATION • FUNDING combination of parcel area, building area and street frontage, there are, in turn, corresponding amounts of Basic Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for land, 33% for building area, 17% for street frontage and 1% for SFR and condo flat rates. Further, the targeted weighted revenues for each Benefit Zone were 60% for Zone I and 40% for Zone 2. The final adjusted weights are 61% for Zone 1 and 39% for Zone 2. Step 3. Calculate Benefit Units for Each Property. The number of Benefit Units for each identified benefiting parcel within the Downtown National City PBID was computed from data extracted from City of National City, San Diego County and third party real estate data services property and land use records_ These data sources delineate current land uses, property areas and dimensions of record for each tax parcel and are listed as an attachment to the Management District Plan. While it is understood that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision maps or building records, it does provide an .acceptable basis for the purpose of calculating property based assessments. All reNpa tive property data being used for assessment computations has been provided to each property owner in the PBID for their review_ All known or reported discrepancies or errors have been corrected. Step 4. Determine Assessment Formula For a District with a single Basic Benefit Unit with one Benefit Zone, the assessment formula would be the same for each identified benefiting property as follows: Number of Basic Benefit Units x Basic Unit Cost = PBID Assessment The Downtown National City PBID assessment is to be based on three Basic Benefit Unit factors; land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units) and linear feet of property frontage (Basic Benefit "C" Units). It has been determined that the assessment should be based partially on parcel size, building size and street frontage as follows: Zone l: Assessment = [(No. of Benefit "A-l"Units x Basic "A-1" Unit Cost)] + [(No. of Benefit `B-I" Units x Basic "B-I" Unit Cost)) + [(No. of Benefit "C-1" Units x Basic "C-1" Unit Cost)] [(No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)] + [(No. of Benefit "B-2" Units x Basic "B-2" Unit Cost)] + [(No. of Benefit "C-2" Units x Basic "C-2" Unit Cost)] 7 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Note A: Benefit `B" Unit Costs vary based on land use as shown in Table 3 later in this report. Note B: Assessments for single family residential and residential condos are based on a flat fee per unit as shown in Table 3. Step 5. Estimate Total Program and Activity Costs Total estimated proposed program and activity costs are shown below in Table 1. These costs include expenses for general as well as special benefits and related programs/activities. TABLE 1 Estimated Total Year 1 Program & Activity Costs (Svecial+General Benefits) Program/Activity Year 1 1' % Public Rights of Way & Sidewalk Operations S 173,000.00 65.14% District Identity/Streetscape improvements 514,000.00 5.27% Administration/Corporate Operations $41 ,000.00 15.44% Contingency/Reserve S12 722.01. , 4.79% Misc Costs (Credits) S24,850.00 9.36% Total S265,572.01 I 100.00% Step 6. Separate General Benefits from Special Benefits and Related Costs (Prop 218) Total program and activity costs are estimated at $265,572.01 (see Table 1 above). General benefits are factored at 5% of total (see Finding 2 on page 4 of this report) with special benefits set at 95%. Prop 218 limits the levy of property assessments to costs attributed to special benefits only. The 5% general benefit cost is computed to be $13,278.60 with a resultant 95% special benefit limit computed at $252,293.41. This is the maximum amount of revenue that can be derived from prrty assessments from the subject PBID. The total amount of revenue proposed to be derived from PBID assessments is $240,722.01 for Year 1, which is less than the special benefit limit of $252,293.41. Therefore, no Prop 218 adjustments need to be made to the proposed assessment formula. MI program costs associated with general benefits will be derived from sources or credits other than PBID assessments as shown below in Table 2. 8 13330 Buttemere Rd. • Phelan CA 92371 • (760) 868-9963 - (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Adjusted Year 1 Revenue (For Special + General Benefit Protrams/Activities) Funding Source Subtotal Revenue ' S PBID Assessments S240,722.01 90.64% PBID Formation Pro -rated Credit/Year (535,000 base) $7,000.00 2.64% PBID Formation Pro -Rated Volunteer Credit/Year (S0% base) $3,500.00 1.32% Annual Board/Volunteer Credit (35% base Admin) S14,350.00 5.40% TOTAL ADJUSTED REVENUE S265,572.01 100.00% Step 7. Calculate `Basic Unit Cost" (Special Benefits Only) With a Year 1 budget of $240,720.01 (special benefit only), the Basic Unit Costs ("A", "B" and "C") from the Management Plan are: TABLE 3 Basic Unit Land Use Description Benefit Zone 1 Benefit Zone 2 "A" Cost All except Si'R and condos $0.0841/sf 50.0757/sf "B-a" Cost Retail, hotels, motels, visitor $0.1886!sf $0.1697/sf "B-b" Cost Office, commercial, pkg strut. 50.1696/sf $0.1697/sf "B-c" Cost Industrial, manufacturing $0.16961sf SO.1697/sf "B-d" Cost Institutional, government etc $0.1577/sf $0.1578/sf "B-e" Cost Residential 20+ units 50.1485/sf $0.1485/sf "B f Cost Residential 9-19 units $0.1485/sf $0.1485/sf "B-g" Cost Residential 2-8 units $0.1485/sf $0.1485/sf "B-h" Cost Single family residential $240 flat rate $240 flat rate "B-i" Cost Residential Condo $240 flat rate $240 flat rate "C" Cost All except SFR and condos $1.8264/LF 51.8264/LF Since the PBID is planned for a five year term, maximum assessments for future years (Years 2 through 5) must be set at the inception of the PBID. A maximum annual flat rate increase of 5% may be imposed each year, subject to approval by the PBID Board. 9 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 - mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Step 8. Spread the Assessments The resultant assessment spread calculations for each parcel within the PBID are shown in an attachment to the District Management Plan and were determined by applying the District assessment formula to each identified benefiting property. This list of all identified benefiting parcels in the PBID delineates each parcel and benefit units for property street frontage and parcel area. 10 1333o Buttemere .Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING EDWARD HENNING & ASSOCIATES Edward Henning and Associates is a multi -disciplined consulting firm offering a diverse range of community development and funding services focusing on downtown business districts and the unique problems and opportunities associated with center city areas. Types of services provided • Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates • Prop 218 Assessment Engineering Analyses and Reports (Licensed Engineer) • Downtown Revitalization Plans/Redevelopment Planning and Implementation • Establish/Administer/Field Supervision for Rehabilitation Programs and Projects • Architectural Design Guidelines/ Sign Ordinances Partial list of agencies and clients represented • Town of Apple Valley • City of Berkeley • City of Buena Park • City of Culver City • City of Huntington Park • City of Huntington Beach • City of Los Angeles - Gateway to LAX - Historic Downtown Core - Hollywood District - Melrose/Fairfax — Larclunont - Los Feliz - San Fernando Valley (6 areas) - San Vicente - Wilshire Center • City of Monterey Park • City of Napa • City of Newport Beach • City of Ontario (Downtown) • City of Oxnard • City of Pasadena • Placer County (Tahoe City) • City of San Francisco (Union Square) • City of Vacaville • City of Whittier • City of Yucaipa PBID Formation (Village) BID Formation (Downtown) BID Formation Analysis (Auto Row & Entertainment Corridor) BID Formation (Downtown) BID Formation (Pacific Blvd.) BID Formation (Auto Row District) PBID Formation & Renewal (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation & Renewal BID Formation PBID Formation (Prop 218 Compliance) Private Sector PBID Formation Hybrid BID/PBID Formation BID Modification (Downtown) PBID Formation (Downtown) BID Advising BID Modification PBID Formation (Downtown) PBID Formation (Playhouse District) Citywide Tourist Improvement District (1ID) PBID Formation (Downtown) PBID Formation (Prop 218 Compliance) BID Formation (Downtown) Citywide Tourist Improvement District Evaluation (TID) BID Modification (Uptown) PBID Formation & Renewal(Uptown) 11 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net City of National City COUNCIL AGENDA STATEMENT 35 ,MEETING DATE: August 2, 2005 AGENDA ITEM NO. ITEM TITLE: REPORT: SUBMISSION OF FISCAL YEAR 2005-2006 MILE OF CARS ASSOCIATION ANNUAL BUDGET AND BOARD MEMBERS. PREPARED BY: Benjamin Martinez, DEPARTMENT: Community Development Commission Executive Director EXPLANATION: Since the formation of the Property Business Improvement District for the Mile of Cars, the Association has been re- quired to submit their annual budget and board of directors on a yearly basis. Environmental Review: X N/A Financial Statement: Not Applicable STAFF RECOMMENDATION: Accept and file report. BOARD/COMMISSION RECOMMENDATION: N/A ATTACHMENTS (Listed Below) 1. Board of Directors 2. Budget Resolution No. • .rrrrrrr ■ rr s NATIONAL CITY To Whom It May Concern: 1/21/05 Please be advised that at their regular meeting on 1/20/05, the Board of the Mile of Cars B.I.D. voted into office the following slate for 2005: President: John Ball Vice President: Bill Cumming Secretary: Tim Howell Treasurer: Rudy Erm Jr. Weldon Donaldson Co -Executive Dir. PO. Box 1387, National City, CA 91951 Attachment 1 Mks of Cure Association Maintenance Account (A segment of Mlle of Care Association) (A NOfl-PrdtiM Mutual BenePiit Corporation) Statement of Assets, Liabilities and Net Assets December a1. a9O4 Current assets Cash • . ASSETS LIAEIt-ITIE3 AND NET ASSETS Currant Liabilities Accounts payable $ 1; 890 Net aaeeta • 5 345 Sfaa aceountantc' compilation report. -2- • 10.236 • Attachment 2 Mile of•Cars Association Maintenance Account (A Segment of M11e of Cars Association) (ANon-Profs Mutual Benefit Corporation) .Statement of Revenues.Expendes and Changes in Net Assets • For the Year Ended December 31, 2004 Revenue Assessments Irv*m, t Income S 8.3,301 264 88,568 Expenses . Bank charges • Professional fe222 e, • Repairs and maintenance 2.188 '• tJtiiilisp 63,084 . 32,038 Net iotas list assets - beglnning.ot period Net assets -and of period. • See accountants' compilation roport •3- 98, 009 . (9,436) 17.783 e, 345 City of National City COUNCIL AGENDA STATEMENT ,MEETING DATE: August 2, 2005 AGENDA ITEM NO. 36 ITEM TITLE: REPORT: SUBMISSION OF FISCAL YEAR 2005-2006 DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET AND BOARD MEMBERS. PREPARED BY: Benjamin Martinez, Executive Director EXPLANATION: DEPARTMENT: Community Development Commission Since the formation of the National City Property Business Improvement District in fiscal year 2004-2005, the District is required to submit their annual budget and board of directors on a yearly basis. The budget is incorporated in the Down- town National City Property Business Improvement District Management District Plan, which covers a five year period. Environmental Review: X N/A Financial Statement: Not Applicable STAFF RECOMMENDATION: Accept and file report. BOARD/COMMISSION RECOMMENDATION: N/A ATTACHMENTS (Listed Below) Resolution No. 1. Board of Directors 2. Budget (Downtown National City Property Business Improvement District Management District Plan) 1 DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS President : Patti Finnegan - Niederfranks Ice Cream Vice President : Marcia Nordstrom - Trophy Lounge Secretary/Admin : Ditas Yamane - The Phone Shop, Inc. Treasurer: Nancy Estolano - San Diego Leather Factory Board Members: 1. Mike Arellano - Mc Dini's Restaurant 2. Jim Beauchamp - Park Village Towers 3. Ernesto Guzman - Plaza Management 4. Sharon Meints - Appliance Center 5. Dan Missori - Pacific Host Corp. 6. George Taylor - Union Bank of California 7. Juan Luis Torres - Bay Theatre 8. Swan Yen - National City Motel 9. vacant Attachment 1 RECEIVED Community DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Formed Under California Streets and Highway Code Section 36600 Property Business Improvement District Act of 1994 FINAL PLAN SUBMITTED TO: THE DOWNTOWN NATIONAL CITY P.B.I.D. STEERING COMMITTEE THE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MARTINEZ MAYOR NICK INZUNZA AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB PRESENTED BY: MARCO LI MANDRI, NEW CITY AMERICA INC. APPROVED APRIL 30, 2004 UPDATED MAY 24, 2004 Attachment 2 DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FINAL PLAN - MAY 24, 2004 TABLE OF CONTENTS I. INTRODUCTION, EXECUTIVE SUMMARY II. ADDRESS SERIES, GENERAL STREET BOUNDARIES III. WORK PLAN AND BUDGET IV. ASSESSMENT METHODOLOGY TO FUND THE SPECIAL BENEFITS V. RELEVANT ENABLING LEGISLATION, AB 1021 VI. ENGINEER'S REPORT AND RELATIONSHIP BETWEEN ASSESSMENTS PAID AND SPECIAL SERVICES RECEIVED VII.. DISTRICT GOVERNANCE APPENDIX A. MAP OF THE DISTRICT B. FIVE YEAR PROJECTION OF ASSESSMENTS C. LIST OF PARCELS INCLUDED IN DISTRICT D. CERTIFIED ENGINEER'S REPORT 2 PART I EXECUTIVE SUMMARY DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT PLAN Statement of Purpose Over the past two years, the people of San Diego County have begun to see National City in a whole new light. Long identified with the extremely successful National City Mile of Cars, the City now has the distinct identity of a municipal corporation aggressively moving forward on a number of fronts. Whether it be the visionary Marina project, the development of Filipino Village, the beautification of Highland Avenue or the creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City Council, as well as the staff of the Community Development Commission, National City is in a race to re -position itself as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 21s1 Century. Led by a group of significant, small and long-time business and property owners, this effort to establish a Property Business Improvement District was initiated in March 2004. With great speed and tremendous commitment, it is the intent of this district to be established and generate its first revenues by the conclusion of calendar year 2004. Such an undertaking is unprecedented but reflects the seriousness of the effort of the Downtown stakeholders to redefine themselves to the surrounding region. 'With the growing state budget crisis in California and its resulting impact on the cities, it is safe to assume that current National City general benefit services delivered in the Downtown business district will not increase in the future. To make the Downtown district and community better, commercial and institutional property owners must look at new ways of funding special benefit services to clean up the district as well as promote the area. Such special benefit services could include bringing a new identity to the Downtown business district, funding new gateway signs to the district, regular sidewalk sweeping, sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing private security services above and beyond that of the National City Police Department, aiding in the coordination of homeless intervention services, proposing solutions to parking problems, initiating beautification programs, tree planting and maintenance, coming up with new marketing and promotions programs, defining greater visual linkages to the 8th Street Trolley stop as well as serving as an advocacy group of business and property owners. This proposed Downtown National City PBID or special benefits district would be funded through an assessment levied on each and every parcel in the finalized and approved boundaries in Downtown. Affected property owners have determined the exact costs of funding these special benefit services. All properties, public and private, would be included in this new assessment district. 3 In early April, a survey was mailed to every property owner within the initial study area. The area included all parcels on National City Blvd. between 2" Street on the north, 12th Street on the south, and along 8th Street from the Trolley Stop on the west to E Avenue on the east. There are 153 parcels in the proposed district, represented by 96 property owners. The district is approximately 34 square blocks. The database compiled by New City America, Inc. reveals the following data that would create the material basis for the apportionment of assessments throughout the district: • 1,465,301 square feet in total lot size; • 448,344 square feet in total building size; • 21,744 linear feet in total frontage The survey results were quite stunning.. The results of the survey were as follows: NUMBER OF RESPONSES: Respondents represented the following property variables: Lot size: Building size Linear Frontage 522,523 square feet or 35% of the total 240,713 square feet or 54% of the total 8,248 linear feet or 37% of the total Of those who responded to the survey, the following respondents, (by weight) demonstrated their support for creation of the PBID: Responses front Property Owners Who Returned PBID Survey Response Lot Size Building Size Linear Frontage Support Formation 76% 88% 77% Oppose Formation 24% 12% 23% Of those who responded, the following represent support of specific special benefits funded by the PBID: ➢ 61% had owned their property for 9 years or less; ➢ 73"/0 were sole proprietorship or family owned properties ➢ 52% believed that National City had been portrayed negatively by the major media in the last few years; ➢ 84% believed that Downtown was unsafe or "safe, however suffers an image as an unsafe district;" ➢ 54% would support property owners funded special benefit security services; ➢ 54% feel their customers would not feel safe walking from the corner of 8th and National City Blvd. and the Trolley Stop; ➢ 64% would support initiation of property owner funded regular sidewalk/gutter sweeping and steam cleaning services; 4 ➢ 70% support property owner funded special events to improve the identity of Downtown; Based upon this level of support, the Downtown National City PBID Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROPERTY VARIABLES TO BE ASSESSED: Three property variables will be used to fund the special benefit services of the district. Those variables will include: lot or parcel size, building square footage, and linear frontage. Each of these variables can be verified by County records. By law, the district can only fund special benefits, not general benefit services. Building square footage will be further categorized by "use", (retail, hotel, church, public building, office, etc). Use determines needs and therefore special benefit to be received. SERVICES TO BE FUNDED: The primary special benefits to be funded by the creation of the district will be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8th and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for five years with provisions for annual CPI adjustments as well as annual disestablishments procedures. BENEFIT ZONES: There will be two benefit zones in the proposed district. Benefit Zones are determined by the level and frequency of services to one sector of the district, vs. another. For example, the core area parcels along National City Boulevard between 2"d and 12th, as well as 8th Street from the freeway bridge to A Avenue, will constitute Benefit Zone 1. All other parcels in the district will fall into Benefit Zone 2. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). 5 APPORTIONMENT OF BUILDING USES: Building Use Code Description of Use A Retail space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution Institutional (School, public, park Church, Tax-exempt properties D E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9 —19 units) G Multi -unit housing, apartments (2 — 8 units) H Single Family housing units (not to exceed $240 per year) I Condo units - $ 240.00 flat fee per year Approximately $146,095.30 (61%) of the assessments will be generated from parcels within Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2 parcels. COST: Downtown National City PBID First Year Costs by Property Variable PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE Lot Square Footage $ 0.0841 per square foot per year $0.0757 per square foot per year $118,053.09 (49%) Building Square Footage (range) $ 0.1485-$0.1886 per square foot per year $0.1485-$0.1697 per square foot per year $80,075.68 (33%) Linear Frontage $1.8264 per linear foot per year $1.8264 per linear foot per year $39,713.24 (17%) Single Family Home and Condo Annual Fee $ 240.00 $240.00 $2,880.00 (1%) Total Annual Budget $240,722.01 ANNUAL ADJUSTMENTS: The Board of Directors of the Management Corporation will be given the option to increase the assessments annually based upon the San Diego County regional CPI indicator or by an amount not to exceed 5% from the previous year's assessments. The Management Corporation shall have the right to shift allocations within the four categories as they feel appropriate and as long as it remains consistent with the intent of the plan. The Board shall also have the right to shift up to 10% per year from category to category, each year, as needs change with the priorities of special benefits. 6 PART II ADDRESS SERIES, GENERAL STREET BOUNDARIES LOCATION: In general, the Downtown National City PBID includes all private and public parcels within the following boundaries: Street Address Series Street Name 704-724 A Avenue 827 B Avenue 811— 817 C Avenue 831 — 835 D Avenue 41— 43 E. 12'h St. 14 — 35 E. 3" St. 10 E. 5'h St. 22-404 E. 8th St. 419 E. 9'h St. 810 — 925 Hoover Avenue 205 —1146 National City Blvd. 225 —1133 Roosevelt Avenue 25 — 38 W. 11'h St. 21 W. 12th St. 30 W. 2nd Avenue 21 — 27 W 3" Avenue 21 W 7th St. 110 — 200 W. 8" St. 111- 225 W 9'h St. 32 —121 W. Plaza Blvd. 7 PART III WORK PLAN AND BUDGET SERVICES: Special benefit services to be financed by the Downtown National City Boulevard Property Business Improvement District will primarily include funding the following types of services. Based upon the survey results of the property owners, and estimated costs and services, the preliminary special benefits funded by the Downtown National City Property Business Improvement District are as follows: Proposed Downtown National City PBID: 1. Public Rights of Way and Sidewalk Operations (PROWSO) • Sidewalk sweeping; • Beautification; • Decorations and banners; • Enhanced trash receptacle placement and regular emptying; • Removal of bulky items; • Tree and shrub planting and maintenance • Work with City on hazardous issues; • Maintenance of public order in the sidewalks; • Homeless intervention; • Equipment, supplies, tools; • Misc. 2. District Identity and Streetscape Improvement (DISI) (Predominantly in Benefit Zone 1) ■ Special events (1 per year); • Web site; ■ Pedestrian kiosks/signage • Underwriting advertising coop for hotel and retail 3. Administration and Corporate Operations: • Staffing; • Insurance; • Office related expenses; • Misc. 4. Contingency/Reserve: • Delinquencies; ■ City costs; ■ County costs; ■ Hardship; • Reserves; 8 Consistent with state law, any property assessment district must confer a special benefit to real property owners paying into the assessment district. At times, specific parcels will derive greater benefit, due to their proximity to a "core" area. These core and peripheral parcels, will from time to time, be designated through "benefit zones." The Downtown National City PBID anticipates two benefit zones, each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: The Downtown National City PBID Benefit Zones are created based upon the frequency and type of special benefit services that might be desired. For example, the core area near National City Boulevard and 8th Street may need special benefit services six days per week, have large special events and be the focus of many promotional activities. These property owners would pay for those specific special benefit services based upon the anticipated benefit to be received. Benefit Zone Boundaries Zone 1 (core area) National City Boulevard from 2"d to 12th Street 8th Street from the freeway bridge to A Avenue Zone 2 (peripheral area) All other streets in the district not included in Benefit Zone 1 TABLE 1 — FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES Special Benefit Service Benefit Zone 1 Frequency 6 days per week Benefit Zone 2 Frequency 4 days per week Public rights of way and sidewalk operations (PROWSO) District Identity and Streetscape Improvements (DISI) • Special Events • Holiday Decorations Through programs Once per year Seasonally Through programs None None Administration/Corporate Operations Monday — Friday Monday — Friday 9 PART IV ASSESSMENT METHODOLOGY TO FUND SPECIAL BENEFITS BUDGET: The first year annual budget is projected to be $240,722.01. Annual adjustments of up to a maximum of 5% over the previous year's gross assessment amount are allowable, subject to the approval of the Downtown National City Property Business Improvement District Management Corporation. TABLE 2 — SPECIAL BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS PER BENEFIT ZONE PROWSO Personnel Estimated Costs Service Benefit Zone 1 Benefit Zone 2 PROWSO: • Sidewalk Sweeping; • Beautification • Decorations and banners • Enhanced trash receptacle emptying ■ Removal of bulky items • Reporting hazards to City; ■ Removal of bulky items; ■ Tree and shrub planting and maintenance • Maintenance of public order • Homeless intervention 6 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed 4 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed ESTIMATED PERSONNEL NEEDS* % cost of Supervisor; ($ 23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) 1 maintenance worker, six days per week, 48 hours (S30,720) Y2 cost of Supervisor; ($23,040) 1 maintenance worker, full time, 40 hours per week (S27,850) Estimated maintenance personnel costs S81,610 $ 50,890 Total Estimated Personnel Cost $ 132,500 10 *THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE COSTS ARE ONLY USED AS A REFERENCE, THE LINE ITEM IN THE BUDGET FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00 ANNUALLY. The basis of determining personnel costs is derived from One Source, a nationwide company that provides employees for many building management companies, as well as BIDs. One Source's rates on labor include workers comp, payroll taxes, check disbursement, health benefits, vacation and sick time. Most importantly, these are contracted employees and therefore release the management corporation of payroll and personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6 in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00 per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay. We reiterate that this is simply a tool for calculating costs of maintenance personnel. The free market, and competitive bidding may produce higher and better results. It is the job of the management corporation to maximize the delivery of special benefit services to the property owners based upon various category and line items of services. The function of this crew is to deal with all services in the public rights of way, including but not limited to: sweeping, beautification, decorations, security, etc. TABLE 3 — SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON -PERSONNEL ANNUAL COSTS INCLUDING EQUIPMENT AND MATERIALS PROWSO Equipment and Materials Truck lease, insurance Uniforms Estimated Annual Cost Communications Supplies Water Dumpster costs Nursery Items Small Equipment Miscellaneous Total Estimated Annual Equipment Costs $ 6,000 $ 1,000 $ 4,000 $ 8,000 $ 1,000 $ 6,000 $ 8,000 $ 3,000 $ 3,500 $ 40,500 Again, these services may be provided by an outside contractor, however accommodations must be made for these costs whether done in-house of to an outside contractor. In addition, this budget does not assume any grants from public agencies or foundations that could underwrite the costs of equipment. Nor does it assume that the City would pay for landscaping water related costs or dumpster removal fees, both of which could be negotiated with the CDC. 11 TABLE 4 — DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS SUGGESTED BUDGET ITEMS Program to be funded/Both Benefit Zones Estimated First Year Annual Cost Special events (1 per year); $ 5,000 Logo Creation (First Year only) $ 1,000 Web site creation and maintenance $ 4,000 Pedestrian kiosks/signage annually $ 4,000 Total Estimated First Year Annual Costs $ 14,000 TABLE 5 — ADMINISTRATION AND CORPORATE OPERATIONS SUGGESTED ALLOCATIONS Program to be Funded Estimated First Year Annual Cost Staff (Community Advocacy, retail attraction, Corporate minutes, administration to Board) $ 26,000 Insurance $ 3,000 Office rent $ 6,000 Phone/Fax $ 1,000 E-mail Service $ 800 Office supplies $1,000 Office Equipment $ 2,000 Utilities $ 1,200 Total Estimated Annual Costs $ 41,000 TABLE 6 — SPECIAL BENEFIT SERVICES/CONTINGENCY — RESERVE ANTICIPATED NEED Program to be Funded Estimated First Year Cost County Costs (1.7% of total assessments) City costs ($500.00 per year) No -pays, (uncollected assessments) (?) Misc/Reserve (Balance of expenses) Total Estimated Annual Costs $ 12,772.01 I2 TABLE 7 — TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Program Public Rights of Way and Sidewalk Operations — Personnel and Equipment for All Benefit Zones District Identity and Streetscape Improvements Administrative/Corporate Operations Contingency/Reserve Total Estimated First Year Costs of Programs First Year Allocation $ 173,000.00 $ 14,000.00 $ 41,000.00 $ 12,722.01 % of Total Budget 72 6% 17 % 5(1/0 $ 240, 722.01 100% METHOD OF FINANCING: This method of financing the special services is based upon the levy of assessments on real property that benefits from proposed improvements and activities. This represents a "benefit assessment district" as defined in the California Streets and Highway Code. Assessed valuation cannot be used as the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978. There are at least four basic factors that will be used in determining individual assessments. These factors include 1) linear frontage, 2) land area and 3) building square footage, 4) building use. The assessments for the Downtown National City PBID are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. Linear frontage will be assessed on all sides of the parcel receiving benefit. PBID assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. They are then transferred directly to the Downtown National City PBID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. TABLE 8 - TOTAL GROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES Property Variables Lot Size Building Size Linear Feet Total in District 1,465,301 square feet 448,344 square feet 21,744 linear feet There are 153 parcels and 96 legal owners currently in the database of the above mentioned property variables. There are about 34 square blocks in the district. 13 Apportionment of Costs to Property Variables used in the Assessment Methodology As is common practice, various property variables fund different special benefit services in the district. We have employed an assessment methodology that we believes supports the relationship between assessments paid and benefits received. The following programs and services must confer a special benefit to real property owners to be consistent with Article XIII (d) of the state constitution. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). TABLE 9 - DEFINITION OF BUILDING/LAND USES: Building Use Code Description of Use A Retail space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution Institutional (School, public, park Church, Tax-exempt properties D E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9 — 19 units) G Multi -unit housing, apartments (2 — 8 units) H S Single Family housing units (not to exceed $240 per year) I Condo units, $ 240.00 flat fee per year The proposed apportionment of special benefits to the various property variables are as follows: 14 TABLE 10 — APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES Program to be Funded Benefit Zone Apportioned to Variable PROWSO: • Maintenance Personnel 1 Y2 to all building square footage, ($ 81,610) V2 to all lot size in Benefit Zone 1 • Maintenance Personnel 2 V2 to all building square footage, (S50,890) V2 to all lot size in Benefit Zone 2 ■ Non -personnel, equipment 1, 2 All linear frontage, apportioned ($ 40,500) equally in both Benefit Zones DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: ■ Special events (1 per year) 1 Building square footage "a" only ( $5,000) ■ Logo creation 1, 2 Building square footage a — c ( $1,000) ■ Web site creation/maintenance 1, 2 Building square footage a — c ($4,000) • Pedestrian kiosks/signage 1, 2 Building square footage a — d ($ 4,000) ADMINISTRATION AND CORPORATE 1, 2 Apportioned equally to all lot size OPERATIONS ($ 41,000) in both zones CONTINGENCY/RESERVE 1, 2 Apportioned equally to all lot size ($ 12,722.01) in both zones The assessment methodology annual costs are summed up in the following table: 15 TABLE 11 —ANNUAL COSTS PER SPECIAL BENEFIT SERVICE AND BENEFIT ZONE Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 1 $0.0841 a. $0.1886 b. $0.1696 c. $0.1696 d. $0.1577 e. $0.1485 f. $0.1485 g. $0.1485 $1.8264 $146,095.30 Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 2 $0.0757 a. $0.1697 b. $0.1697 c. $0.1697 d. $0.1578 e $0.1485 f. $0.1485 g. $0.1485 $1.8264 $94,626.71 Both Condos and Single family homes $ 240.00 per year per unit Approximately $146,095.30 (61%) of the assessments will be generated from parcels within Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2 parcels. CONDO FACTOR: It is unknown at this point how much future condos will contribute to the district. Since the condos are being built in mixed use or commercially zoned areas, they are not exempt from payment into the assessment district. The condo owners will derive and appreciate the special benefit services they will receive from the cleaning and beautification services in the district. Provisions will be made to avoid a property variable and unit assessment for condos. Once a parcel or parcel(s) have been converted to condos, the per unit fee will kick in, however that parcel will have its linear frontage, building square footage and lot size deleted as a variable to be assessed. For example, if a 5,000 square foot lot is converted from a parking lot to a 10 unit condo development, that parcel will be reassessed to capture the $2,400 condo assessments annually now generated from that parcel (10 x $240.00 per year). Simultaneously, the property variables of that parcel, will be eliminated from the overall PBID database so the new condo owners are not doubly assessed for their property variables and condo units. Condos and residentially utilized single family residences will pay the same flat fee per year into the district. Condos will be fully assessed once they have been constructed and parcelized. Condos under construction shall pay $240, less a 50% reduction until completed and parcelized. 16 TABLE 12 - DOWNTOWN NATIONAL CITY PBID FIRST YEAR COSTS BY PROPERTY VARIABLE PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE Lot Square Footage $ 0.0841 per square foot per year $0.0757 per square foot per year $118,053.09 (49%) Building Square Footage (range) $ 0.1485-$0.1886 per square foot per year $0.1485-$0.1697 per square foot per year $80,075.68 (33%) Linear Frontage $1.8264 per linear foot per year $1.8264 per linear footper year $39,713.24 (17%) Single Family Home and Condo Annual Fee $ 240.00 $240.00 $2,880.00 (1%) Total Annual Budget $240,722.01 TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY PBID Property Variable Total Gross Variable, Amount Generated First Year Parcel or Lot Size 1,465,301 $118,053.09 Building Square Feet 448,344 $80,075.68 Linear Frontage 21,744 $39,713.24 Single Family Home and Condo Annual Fee 12 $2,880.00 Total Assessments, First Year — Both Zones $240,722.01 17 PART V RELEVANT ENABLING LEGISLATION, AB 1021 The relevant enabling PBID legislation, which allows the property owners of Downtown National City to fund these special benefit services, is to be found in... Section 36600 of the California Streets and Highway Code known as the Property Business Improvement District Law of 1994. (Amended in 2000, 2003) On July 20, 2001, Governor Gray Davis signed AB 1021, approving changes to the Property Business Improvement District Law of 1994, (Cal. Streets and Highway Code Sections 36600 et. Seq.) which changes several procedures involving PBIDs. The law became effective on January 1, 2002. The major change within the law is the establishment of an "Owner's Association." This Association will be a private, non-profit entity that will contract with the City to manage the PBID. It will be subject to the Brown Act (Ca. Government Code Sections 54950 et seq.) and the California Public Records Act (Cal Government Code Sections 6250 et seq.). However, the Association will not be considered as a public entity for any other purpose. Similarly, any board members or staff will not be considered public officials. Under the amended law, all property owners who do not pay assessments will be subject to penalties for delinquent payments. The amended statute also provides provisions for renewal of the PBID. If the PBID is renewed after its first term (up to five years), the funds from the prior district may be used in the renewed district only for the benefit of the parcels within the boundaries of the prior district. If no parcels from the prior district are within the renewed district, the funds must be returned to the property owners. Also, upon renewal, a district may be renewed for up to ten years. These changes clarify issues regarding PBID operations and formation and the status of the non-profit organizations that manage PBIDs in the aftermath of the court ruling in Epstein vs. the Hollywood Entertainment District. The Epstein decision classified non-profit organizations that managed PBIDs as public entities for purposes of the Brown Act. The issue has been raised that if the organizations were public entities for the Brown Act, could they also be public entities for other acts, such as the Political Reform Act. The changes in the new legislation ensure that these PBID and BID Management Corporations are not considered public entities for any California law except the Ralph M. Brown Act and the Public Records Act. Proposition 218 (Article XIII D of the state constitution) states in Section 4 (a): "No assessment shall be unposed on any parcel which exceeds the reasonable cost of the proportional benefit conferred on that parcel. Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." 18 FORMATION: • District formation requires submittal of petitions from property owners representing at least 50% of the total assessment. The "Right to Vote on Taxes Act" (Proposition 218) requires that more than 50% of the ballots received, weighted by assessment, be in support of the District. • This petition support ensures that the mail ballot procedure will be successful in the formation of the district. Once the necessary threshold of petitions have been collected, the management district plan will then be submitted to the City to begin processing the public hearing. With the adoption of an ordinance of intention, the City Council will authorize the City Clerk to send out the mail ballots to all affected property owners to determine their support for the establishment of the district. • When all is said and done, the first assessments should be collected with the annual property tax bill in December 2004 with the Management Corporation receiving its first installment payment in January 2005. DURATION: • Pursuant to State Law, the District will have a set term. The proposed district will have a five-year life commencing January 1, 2005. After five years, the petition process must be repeated for the District to be re-established. 19 TIME LINE AS SPECIFIED BY LAW: The district must be established to take advantage of the County's tax assessment notification schedule. Mindful of that, all property related assessment districts must be established by the end of July in any calendar year, in order to have assessments levied on parcels for the upcoming fiscal year. In our case, the district must be established through an assessment ballot proceeding in late July 2004, in order to notify the County in time for the 2004-05 fiscal tax year. The first assessments would then appear on the property tax statements due in December 2004. In order to take advantage of this schedule, as well as to generate revenues in early 2005, the following time line has been adopted to ensure timely funding of special benefit programs: To work effectively, we must look at the completion date and work backwards: Date must be completed by Task to be completed July 20th, 2004 Public hearing/assessment balloting proceeding, ballots counted by weight June 8th Resolution of intent by City to establish the district May 1st -June 7th Property owners representing 50% of the weight, based upon assessments to be levied, must sign petition endorsing the management district plan; Assessment engineer certifies plan as compliant with Proposition 218 April 30th Finalize management district plan including special benefit services to be provided, duration of district, boundaries, benefit zones, assessment methodology, administration, etc. Initiate petition drive April 20, 2004 First rough draft Management District Plan submitted to PBID Steering Committee 20 PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND THE DURATION OF THE DISTRICT A. Assessment Methodology Property owners in Downtown National City have emphasized that an assessment formula for a PBID be fair, balanced and commensurate with special benefits received. NEW CITY AMERICA has contracted with Ed Henning and Associates to come up with a plan that has been certified by a licensed engineer. In preparing the engineer's report for the Downtown National City PBID, the engineer concluded that the special benefit to each parcel was found to be proportional to the property variable and their apportionment. An Engineer's report for the PBID is provided in the Appendix. B. Time and Manner for Collecting Assessments: As provided by state law, the Downtown National City Property Business Improvement District will appear as a separate line item on the annual property tax bills prepared by the San Diego County Tax Assessor. Property tax bills are generally distributed in the Fall and payment is expected by lump sum or in two installments. The County Assessor shall distribute the assessments to the City who will in turn then forward them to the designated Downtown National City PBID Management Corporation pursuant to the authorization of this plan. Existing laws for enforcement of property taxes apply to the Management District assessments. The assessments shall be collected at the same time and in the same manner as for any possessory interest tax paid to the County of San Diego. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the possessory interest tax. The "property owner" of the possessory interest shall be any person as the owner/taxpayer on the last equalized possessory interest assessment roll or otherwise known to be the owner/taxpayer by the City Council. The City Council has no obligation to obtain other information as to the ownership of the interest, and its determination or ownership shall be final and conclusive for the purposes of this district. 21 C. Publicly Owned Parcels and Government Assessments: The Downtown National City PBID Steering Committee assumes that the City of National City, The Community Development Commission, Southwestern College, the County, the Unified School District, the State of California and any other publicly owned parcels will pay assessments for the special benefits conferred upon government owned property within the boundaries of the PBID. Article XIII D of the California Constitution, (Proposition 218), explains the basis for assessing publicly owned parcels: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from Assessments unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. D. Annual Assessment Adjustment: The PBID Management Corporation, will be granted the option of increasing the assessments annually based upon the Consumer Price Index of San Diego County or by a flat amount, not to exceed 5% per year. E. District Duration: Pursuant to State PBID Law, the Downtown National City PBID will have a duration of five years, commencing on January 1, 2005 and extending through December 3151 2009. This is the maximum period allowable for a new PBID under state legislation. Any continuation of the District after its five-year period will require compliance with all regulations and statutes in place at the time relative to the establishment of the new PBID. 22 PART VII DISTRICT GOVERNANCE AND THE DOWNTOWN NATIONAL CITY P.B.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PBID Management Corporation in the administration of the district. •:• Conflict of Interest: Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include, but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring or selecting the relatives of Board members, etc. In addition, the Management Corporation shall aim to meet the following operational objectives for the district... • Create and manage programs that best respond to the top priorities of district property owners; • Maximize coordination of the City government to avoid duplication of services and to leverage resources; • Deliver services through a cost-effective, non -bureaucratic and easy to access organizational structure; • Provide accountability and responsiveness to those who pay through open access to Board meetings, elections to the Board and Board records. 73 APPENDIX A MAP OF THE DISTRICT 24 • Downtown National City PBID Benefit Zone 1 , a ? Benefit Zone 2 APPENDIX B FIVE-YEAR PROJECTION OF THE ASSESSMENTS ASSUMING THE MAXIMUM ANNUAL INCREASE 25 Downtown National City P.B.I.D. FIVE YEAR PROJECTION OF ASSESSMENTS WITH 5% ANNUAL ADJUSTMENT Projected Budget 2005 5% 2006 5% 2007 5% 2008 5% 2009 Public Rights of Way and Sidewalk Operations $173,000.00 $8,650.00 $181,650.00 $9,082.50 $190,732.50 $9,536.63 $200,269.13 $10,013.46 $210,282.58 District Identity and Streetscape Improvements $14,000.00 $700.00 $14,700.00 $735.00 $15,435.00 $771.75 $16,206.75 $810.34 $17,017.09 Administrative/Corporate Operations $41,000.00 $2,050.00 $43,050.00 $2,152.50 $45,202.50 $2,260.13 $47,462.63 $2,373.13 $49,835.76 Contingency/Reserve $12,722.01 $636.10 $13,358.11 $667.91 $14,026.02 $701.30 $14,727.32 $736.37 $15,463,68 Total $240,722.01 $12,036.10 $252,758.11 $12,637.91 $265,396.02 $13,269.80 $278,665.82 $13,933.29 $292,599.11 6/8/04 APPENDIX C LIST OF PARCELS INCLUDED IN THE DISTRICT 26 APN 5 J30 01 00 555 030 02 00 555 030 03 00 555 030 04 00 555 030 05 00 555 030 06 00 555 030 07 00 555 030 08 00 555 030 09 00 555 030 10 00 555 030 11 00 555 030 12 00 555 030 13 00 555 030 14 00 555 030 17 00 Fs� 030 20 00 J30 21 00 555 030 22 00 555 041 01 00 555 041 02 00 555 041 03 00 555 041 04 00 555 041 05 00 555 041 06 00 555 041 07 00 555 041 08 00 555 041 09 00 555 041 10 00 555 042 10 00 555042 15 00 555 042 17 00 555 042 18 00 J 52 04 00 555 052 05 00 555 052 06 00 555 052 14 00 Annual Assessment $240.00 $427.32 $0.00 $0.00 $240.00 $0.00 $240.00 $1,358.46 $278.41 $339.52 $270.50 $344.51 $282.92 $500.53 $1,089.50 $4,997.45 $3,644.29 $6,609.58 $878.28 $472.48 $3, 616.36 $1,063.44 $570.74 $571.49 $694.46 $511.82 $511.82 $1,206.28 $1, 080.70 $3,104.82 $3,458.95 $7,001.77 $694.46 $649.75 $471.60 $2,453.40 NATIONA PARCELS T APN 555 052 15 00 555 053 17 00 555 054 12 00 555 081 09 00 555 081 10 00 555 081 14 00 555081- 1500 555 081 16 00 555 081 17 00 555 082 01 00 555 082 02 00 555 082 03 00 555 082 04 00 555 082 05 00 555 082 06 00 555 082 10 00 555 082 11 00 555 083 21 00 555 083 22 00 555 083 23 00 555 083 24 00 555 085 01 00 555 085 02 00 555 085 03 00 555 085 04 00 555 085 05 00 555 085 06 00 555 085 07 00 555 113 04 00 555 113,05 00 555 113 08 00 555 113 11 00 555 113 12 00 555 113 13 00 555 1140100 555 114 02 00 L CITY PBID O BE ASSESSED Annual Assessment $2,361.54 $22,785.90 $6,377.83 $510.24 $267.23 $396.50 $216.88 $695.37 $1,992.94 $1,855.29 $244.19 $527.88 $399.68 $1,137.98 $960.23 $1,533.33 $4,097.40 $1,846.85 $5,094.43 $2,989.50 $5,751.78 $622.48 $240.00 $240.00 $464.11 $2,797.35 $187.37 $4,258.90 $808.87 $792.75 $1,269.33 $2,084.78 $1,569.72 $1,133.05 $240.00 $240.00 APN 555 114 03 00 555114 04 00 555 114 05 00 555 114 06 00 555 114 07 00 5551141100 555 114 12 00 555 114 13 00 556 101 01 00 556 101 02 00 556 101 15 00 556 101 16 00 556 104 01 00 556 104 02 00 556 104 18 00 5562102500 5562102600 556 210 27 00 556 212 01 00 556 212 02 00 556 212 03 00 556 212 04 00 556 212 05 00 556 212 06 00 556 212 07 00 556 331 03 00 556 331 04 00 556 331 05 00 556 331 14 00 556 331 556 331 556 331 556 331 556 331 556 331 556 331 1500 20 00 21 00 22 00 23 00 24 00 25 00 Annual Assessment $215.59 $220.14 $452.48 $652.46 $1,151.14 $330.42 $1,594.28 $1,569.62 $1,614.58 $1,815.33 $5,492.84 $2,276.33 $2,485.63 $240.00 $1,820.45 $1,662.72 $1,510.43 $1,077.40 $240.00 $240.00 $496.74 $276.94 $419.14 $563.61 $754.77 $249.09 $505.91 $1,181.45 $2,439.68 $926.31 $748.13 $2,720.06 $1,255.39 $566.21 $715.80 $3,133.35 APN Annual Assessment 556 332 20 00 $1,764.62 556 332 21 00 $535.59 556 332 22 00 $375.86 556 332 23 00 $253.70 556 332 24 00 $1,409.83 556 333 15 00 $2,626.38 556 333 17 00 $4,907.21 556 333 18 00 $522.19 556 334 19 00 $2,101.81 556 334 20 00 $282.35 556 334 21 00 $410.30 556 334 22 00 $452.14 556 471 03 00 $2,233.31 556 471 04 00 $575.76 556 471 16 00 $1,585.34 556 471 17 00 $2,691.26 556 471 23 00 $4,830.57 556 471 24 00 $3,673.51 556 472 23 00 $2,019.79 556 472 24 00 $527.74 556 472 26 00 $3,056.70 556 472 27 00 $265.95 556 473 15 00 $1,526.52 556 473 16 00 $792.75 556 473 17 00 $962.08 556 474 01 00 $1,610.56 556 474 02 00 $739.54 556 474 21 00 $2,527.99 556 493 01 00 $1,290.96 556 493 04 00 $934.44 556 493 05 00 $240.00 556 553 01 00 $694.46 556 553 02 00 $357.75 556 553 03 00 $409.23 556 553 04 00 $616.95 556 553 05 00 $1,592.79 NATIONA PARCELS T APN 556 553 09 00 556 553 12 00 556 553 13 00 556 554 16 00 556 554 17 00 556 554 18 00 556 554 19 00 556 554 20 00 556 554 21 00 L CITY PBID 0 BE ASSESSED Annual Assessment $515.54 $567.57 $526.29 $4,415.42 $6,245.33 $1,195.18 $569.85 $1,205.03 $1,568.79 APN Annual Assessment APPENDIX D ENGINEER'S REPORT 27 Edward Henning & Associates URBAN REVITALIZATION • FUNDING Downtown National City Property Business Improvement District CITY OF NATIONAL CITY - CALIFORNIA DISTRICT ASSESSMENT ENGINEER'S REPORT Prepared by Edward V. Henning, California Registered Professional Engineer # 26549 Edward Henning & Associates Phelan California June 1, 2004 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • ((ax) (76o) 868-6490 • mredz@earthlink.net ATTACHMENT NO, Edward Henning & Associates URBAN REVITALIZATION • FUNDING DISTRICT ASSESSMENT ENGINEER'S REPORT To Whom It May Concern: I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the proposed Downtown National City Property Business Improvement District will receive a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each respe .tive property. eeitarepare . by Edward V. Henning, California Registered Professional Engineer # 26549 a RPE 1126549 June 1, 2004 Edward V. He ' Date (NOT VALID WITHOUT EMBOSSED CERTIFICATION SEAL AND SIGNATURE HERE) Introduction This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California Constitution (Proposition 218) to support the benefit property assessments proposed to be levied within the Downtown National City Property Business Improvement District (Downtown National City PBID) in the City of National City, California being established for a five year period. The discussion and analysis contained within constitutes the required "nexus" of rationale between assessment amounts levied and special benefits derived by properties within the Downtown National City PBID. NOTE 1: The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SB 919 - "Proposition 218 Omnibus Implementation Act" which clarified portions of Prop 218. It provides the Engineer and District Consultant with the ability to actually identify individual parcels which will benefit directly either in whole or in part from the proposed District funded programs and improvements and does not imply that all parcels receive assessable benefits . 1 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Background The Downtown National City PBID is a property -based benefit acsPcsment type district being established pursuant to Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District Law of 1994 (the "Act"). Due to the benefit assessment nature of assessments levied within a PBID, district program costs are to be distributed amongst all identified benefiting properties based on the proportional amount of program benefit each property is eapcc.ted to derive from the assessments collected. Within the Act, frequent references are made to the concept of relative "benefit" received from PBID programs and activities versus amount of assessment paid_ Only those properties expected to derive special benefits from PBID funded programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be received. The method used to determine benefits derived by each identified property within a PBID begins with the selection of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the Downtown National City PBID, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or building size in square feet or number of building floors or proximity to major corridors in average linear feet, or any combination of these factors. Quantity takeoffs for each parcel are then measured or otherwise ascertained. From these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances such as unique geography, land uses, development constraints etc. are carefully reviewed relative to specific programs and improvements to be funded by the PBID in order to determine any levels of diminished benefit which may apply on a parcel by parcel or categorical basis. Based on the factors described above such as geography and nature of programs and activities proposed, an assessment formula is developed which is derived from a singular or composite basic benefit unit factor or factors. Within the assessment formula, different factors may be assigned different "weights" or percentage of values. Next, all program and activity costs, including incidental costs, district administration, ancillary programs, and volunteer and comped resource and material credits are estimated. It is noted, as stipulated in Proposition 218, and now required of all property based assessment districts, indirect and general benefits may not be incorporated into the assessment formula and levied on the district properties; only direct or "special' benefits and costs may be -• considered. Indirect or general benefit costs must be calculated and factored out of the assessment cost basis to produce a "net" cost figure. In addition, Proposition 218 no longer exempts government owned property from paying benefit assessments and these properties must be factored into the assessment roll if special benefit is determined to be conferred upon such properties. 2 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of estimated net program costs by the total number of benefit units. The amount of ase sment for each parcel can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or "spread" amongst all properties within the PBID. The method and basis of spreading program costs varies from one PBID to another based on local geographic " conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived. Supplemental Proposition 218 Procedures and Requirements Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID. These requirements are in addition to requirements imposed by State and local accecsment enabling laws. These requirements were "chaptered" into law as Article XIBD of the California Constitution and then further clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et seq of the California Government Code. Since Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first. The key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of these provisions is delineated below. (Note: All section references below pertain to Article XIII of the California Constitution): Finding 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed" There are 153 `identified" individual parcels within the Downtown National City PBID which will all derive some level of sprxiai benefit from the proposed District programs and activities. These parcels are shown on the Boundary Map within the Management District Plan and are listed as an attachment to the Plan - identified by assessor parcel number and site address. Two benefit zones have been identified within the District which generally includes all properties along and surrounding the National City Boulevard corridor from 2"d to 12th and the 8th Street corridor from the freeway to A Avenue. 3 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@a earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 2. From Section 4(a): "Separate the general benefits from the special benefits conferred on parcel(s). Only special benefits are assessable. " As stipulated by Prop 218, assessment district programs and activities confer a combination of general and spa, -al benefits to district properties, but the only program benefits which can be funded through assessments are those attributed to spa,ial property related benefits. Thus, a portion of the program costs must be considered attributable to general benefits and assigned a value. Conventional assessment engineering experience has found that general benefits within a given district typically average 10% of the total adjusted costs with a 5% deviation. (Total adjusted costs include actual proposed PBID program costs plus any additional supplemental or matching program costs as well as applied credits from sources such as start up grants, Board/Committee member service credits and specialized assessment reductions/adjustments.) There are three common methods for determining general and special benefit ratios within assessment districts: (I) The parcel by parcel allocation method (2) The program/activity line item allocation method, and (3) The composite district overlay determinant method. The vast majority of PBIDs in California have used Method #3, the composite district overlay determinant method which will be used for the Downtown National City PBID. Using empirical data from other PBIDs, a focused range for general benefits from 5-15% is used. Based on a composite of district criteria such as the shape of the Downtown National City PBID, the existence of two benefit zones, a three-four element assessment formula, the proximity all of district properties to the applicable program benefit zones, and the nature of the proposed programs and activities, a specific "overlay" value of 5% is assigned to the general benefit portion of the total adjusted costs. This leaves a value of 95% assigned to special benefit related costs. Since the total program cost is estimated at $265,572.01 (see Table 1 later in this Report), the maximum special benefit portion which can be recouped through property assessments, is $252,293.41. Remaining costs which are attributed to general benefits, will need to be derived from other sources. (e.g. public/private matching grants, startup grants, startup volunteer credits or ongoing board member volunteer credits)_ 4 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of the..„ ...... cost of public improvement(s) or the maintenance and operation expenses.... —....or the cost of the property related service being provided. The proportionate special benefit cost for each parcel is listed in an attachment to the Management District Plan. The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity costs) were computed by dividing the individual parcel assessment by the total program costs. Finding 4. From Section 4(a): "No assessment shall exceed the reasonable cost of the proportional special benefit conferred on parcel(s)." Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which would be possible through the Downtown National City PBID, they are also considerably less than other options considered by groups like the Downtown National City PBID Formation Committee. Finding 5. From Section 4(a): "Parcels. -.....that are owned or used by any (public) agency shall not be exempt from assessment." Parcels within the District that are owned by public agencies (i.e. City of National City, the Community Development Commission, Southwestern College etc) will also be ascPccPd and at rates equivalent to private sector owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned parcels and any increased values and benefits derived from PBID programs and services would be similar for either public or privately owned parcels, with or without improvements. Just as the costs and effects of blight are shared by both public and private properties, so are the rewards of clean and safe as well as district promotions and marketing programs. Since there is no compelling finding or evidence that such properties would receive less direct benefit from the proposed PBID programs and services than surrounding private parcels, the same assessment rates would be levied. Finding 6. From Section 4(b): "All assessments must be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California". This report shall serve as the "detailed engineer's report" to support the benefit property assessments proposed to be levied within the Downtown National City PBID. 5 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated (along with) the total amount thereof chargeable to the entire district, the duration of such payments, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated." The individual and total parcel assessments attributable to special property benefits are shown on an attachment to the Management District Plan. The district and resultant assessment payments will continue for five years and may be renewed again at that time. The reasons (purposes) for the proposed assessments are outlined in the Management District Plan. The calculation basis of the proposed assessment for the PBID is attributed in part to the spt,,ific amount of property size, building size and street frontage. Special Benefit and Assessment Analysis Step 1. Select "Basic Benefit Unit(s)" PBID assessment formulas typically are based on either property street frontage or parcel and building size or location, all which can affect the amount of benefit conferred on a particular parcel and the proportionate assessment to be paid. The formula may base assessments on a single factor or a combination of factors. Based on the nature of the program activities to be funded by the Downtown National City PBID, which relate to the proportionate amount of real estate (i.e. land) held in ownership, development intensity (i.e. building area) and property street frontage as well as land use, it has been determined that the assessments for the PBID will be based proportionately on a combination of parcel size, building size, land use and street frontage. In addition a flat rate will be applied to single family residential (SFR) and residential condo units located on non -residentially zoned land. The "Basic Benefit Unit" will be expressed as a function of land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units - further refined by land use) and linear feet of property frontage (Basic Benefit "C" Units). Based on the shape of the Downtown National City PBID, as well as the nature of the District program elements, it is determined that two benefit zones exist in which identified properties will gain a direct, albeit, proportionate degree of benefit based on the respective amount of parcel size, building size, land use and street frontage. Step 2. Quantify Total Basic Benefit Units Taking into account all identified benefiting properties, there are 1,465,301 square feet of assessable parcel land area within the District, 448,344 square feet of assessable building area and 21,744 linear feet of property street frontage. In addition, there are 12 assessable single family/condo units. Since the selected Basic Benefit Unit is based on a 6 1333o Buttemere Rd • Phelan CA 92371 - (76o) 868-9963 • (fax) (760) 868-6490 - mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING combination of parcel area, building area and street frontage, there are, in turn, corresponding amounts of Basic Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for land, 33% for building area, 17% for street frontage and 1% for SFR and condo flat rates. Further, the targeted weighted revenues for each Benefit Zone were 60% for Zone 1 and 40% for Zone 2. The final adjusted weights are 61% for Zone 1 and 39% for Zone 2. Step 3. Calculate Benefit Units for Each Property. The number of Benefit Units for each identified benefiting parcel within the Downtown National City PBID was computed from data extracted from City of National City, San Diego County and third party real estate data services property and land use records. These data sources delineate current land uses, property areas and dimensions of record for each tax parcel and are listed as an attachment to the Management District Plan. While it is understood that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision maps or building records, it does provide an acceptable basis for the purpose of calculating property based assessments. All respective property data being used for assessment computations has been provided to each property owner in the PBID for their review. All known or reported discrepancies or errors have been corrected. Step 4. Determine Assessment Formula For a District with a single Basic Benefit Unit with one Benefit Zone, the assessment formula would be the same for each identified benefiting property as follows: Number of Basic Benefit Units x Basic Unit Cost = PBID Assessment The Downtown National City PBID assessment is to be based on three Basic Benefit Unit factors; land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units) and linear feet of property frontage (Basic Benefit "C" Units). It has been determined that the assessment should be based partially on parcel size, building size and street frontage as follows: Zone 1: Assessment = [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)] + [(No. of Benefit "B-1" Units x Basic "B-1" Unit Cost)] + [(No. of Benefit "C-1" Units x Basic "C-1" Unit Cost)] Zone 2- Assessment = [(No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)] + [(No. of Benefit `B-2" Units x Basic "B-2" Unit Cost)] + [(No. of Benefit "C-2" Units x Basic "C-2" Unit Cost)] 7 t3330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Note A: Benefit "B" Unit Costs vary based on land use as shown in Table 3 later in this report. Note B: Assessments for single family residential and residential condos are based on a flat fee per unit as shown in Table 3. Step 5. Estimate Total Program and Activity Costs Total estimated proposed program and activity costs are shown below in Table 1. These costs include expenses for general as well as sycxaal benefits and related programs/activities. TABLE 1 Estimated Total Year 1 Program & Activity Costs (Special+General Benefits) Program/Activity Public Rights of Way & Sidewalk Operations District Identity/Streetscape Improvements Administration/Corporate Operations Contingency/ Reserve Misc Costs (Credits) Total Year 1 $173,000.00 $14,000.00 S41 ,000.00 S12,722.01. S24,850.00 S265,572.01 Step 6. Separate General Benefits from Special Benefits and Related Costs (Prop 218) 65.14% 5.27% 1 5.44% 4.79% 9.36% 100.00% Total program and activity costs are estimated at $265,572.01 (see Table 1 above). General benefits are factored at 5% of total (see Finding 2 on page 4 of this report) with special benefits set at 95%. Prop 218 limits the levy of property assessments to costs attributed to special benefits only. The 5% general benefit cost is computed to be $13,278.60 with a resultant 95% special benefit limit computed at $252,293.41. This is the maximum amount of revenue that can be derived from property assessments from the subject PBID. The total amount of revenue proposed to be derived from PBID assessments is $240,722.01 for Year 1, which is less than the special benefit limit of $252,293.41. Therefore, no Prop 218 adjustments need to be made to the proposed assessment formula. All program costs associated with general benefits will be derived from sources or credits other than PBID assessments as shown below in Table 2. 8 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Adjusted Year 1 Revenue (For Special + General Benefit Programs/Activities) Funding Source PBID Assessments PBID Formation Pro -rated Credit/Year ($35,000 base) PBID Formation Pro -Rated Volunteer Credit/Year (50% base) Annual Board/Volunteer Credit (35% base Admin) TOTAL ADJUSTED REVENUE Subtotal Revenue 4240,722.01 $ 7,000.00 $3,500.00 $14,350.00 $265,572.01 90.64% 2.64% 1.32% 5.40% 100.00% Step 7. Calculate `Basic Unit Cost" (Special Benefits Only) With a Year 1 budget of $240,720.01 (special benefit only), the Basic Unit Costs ("A", "B" and "C") from the Management Plan are: TABLE 3 Basic Unit Land Use Description Benefit Zone 1 Benefit Zone 2 "A" Cost All except SFR and condos $0.0841/sf $0.0757/sf "B-a" Cost Retail, hotels, motels, visitor $0.1886/sf $0.1697/sf "B-b" Cost Office, commercial, pkg struc. $0.1696/sf $0.1697/sf "B-c" Cost Industrial, manufacturing $0.1696/sf $0.1697/sf "B-d" Cost Institutional, government etc $0.1577/sf $0.1578/sf "B-e" Cost Residential 20+ units $0.1485/sf $0.1485/sf "B-f' Cost Residential 9-19 units $0.1485/sf $0.1485/sf "B-g" Cost Residential 2-8 units $0.1485/sf $0.1485/sf `B-h" Cost Single family residential $240 flat rate $240 flat rate "B-i" Cost Residential Condo $240 flat rate $240 flat rate "C" Cost All except SFR and condos $1.8264/LF $1.8264/LF Since the PBID is planned for a five year term, maximum assessments for future years (Years 2 through 5) must be set at the inception of the PBID_ A maximum annual flat rate increase of 5% may be imposed each year, subject to approval by the PBID Board. 9 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Step 8. Spread the Assessments The resultant assessment spread calculations for each parcel within the PBID are shown in an attachment to the District Management Plan and were determined by applying the District assessment formula to each identified benefiting papperty. This list of all identified benefiting parcels in the PBID delineates each parcel and benefit units for property street frontage and parcel area. l0 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING EDWARD HENNING & ASSOCIATES Edward Henning and Associates is a multi -disciplined consulting firm offering a diverse range of community development and funding services focusing on downtown business districts and the unique problems and opportunities associated with center city areas_ Types of services provided • Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates • Prop 218 Accessment Engineering Analyses and Reports (Licensed Engineer) • Downtown Revitalization Plans/Redevelopment Planning and Implementation • Establish/Administer/Field Supervision for Rehabilitation Programs and Projects • Architectural Design Guidelines/ Sign Ordinances Partial list of agencies and clients represented • Town of Apple Valley • City of Berkeley • City of Buena Park • City of Culver City • City of Huntington Park • City of Huntington Beach • City of Los Angeles - Gateway to LAX - Historic Downtown Core - Hollywood District - Melrose/Fairfax — Larchmont - Los Feliz - San Fernando Valley (6 areas) - San Vicente - Wilshire Center • City of Monterey Park • City of Napa • City of Newport Beach • City of Ontario (Downtown) • City of Oxnard • City of Pasadena • Placer County (Tahoe City) • City of San Francisco (Union Square) • City of Vacaville • City of Whittier • City of Yucaipa PBID Formation (Village) BID Formation (Downtown) BID Formation Analysis (Auto Row & Entertainment Corridor) BID Formation (Downtown) BID Formation (Pacific Blvd.) BID Formation (Auto Row District) PBID Formation & Renewal (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation & Renewal BID Formation PBID Formation (Prop 218 Compliance) Private Sector PBID Formation Hybrid BID/PBID Formation BID Modification (Downtown) PBID Formation (Downtown) BID Advising BID Modification PBID Formation (Downtown) PBID Formation (Playhouse District) Citywide Tourist Improvement District (I ID) PBID Formation (Downtown) PBID Formation (Prop 218 Compliance) BID Formation (Downtown) Citywide Tourist Improvement District Evaluation (111)) BID Modification (Uptown) PBID Formation & Renewal(Uptown) 11 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net