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2006 02-07 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 — February 7, 2006 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager any matter that you desire the City Council to consider. We thank you for your presence and wish you to know that we appreciate your involvement. Pledge of Allegiance to the Flag 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 interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. I // Council Requests That All CeII 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 PRESENTATIONS 1. Presentation — Impacts of General Fund Budget Crisis — Police Chief Adolfo Gonzales 2. Presentation — Impacts of General Fund Budget Crisis Fire Chief Rod Juniel COUNCIL AGENDA 2/7/06 Page 2 on Police Department on Fire Department - INTERVIEWS/APPOINTMENTS 3. Interviews and Appointments: Ad Hoc Committee on Housing and Community Development Committee. (City Clerk) 4. Appointment to Metropolitan Transit System. (City Council) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the minutes of the Regular Meeting of November 1, 2005 and the adjourned meeting of December 13, 2005. (City Clerk) 6. 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) 7. Resolution of the City Council approving the proposed 2005/2006 Memorandum of Understanding between the City and the National City Municipal Employees' Association. (Human Resources Department) 8. Resolution of the City Council of the City of National City authorizing the City Manager to execute a side letter to Memorandum of Understanding between National City Municipal Employees' Association and the City of National City to implement a 4/10 work schedule for employees of the National City Public Library. (Human Resources) COUNCIL AGENDA 2/7/06 Page 3 CONSENT CALENDAR (Cont.) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract between Project Design Consultants and the City for $442,846 to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project. (This project is funded by a SANDAG Smart Growth Grant and the Community Development Commission) (Engineering) 10. A resolution approving an agreement with Tetra Tech Engineering, Inc. to provide the City with engineering inspection services in the "Not to Exceed" amount of $81,556 for the Highland Avenue Medians Phase I — 8th Street to 16th Street Improvements, Specification No. 05-05 and authorizing the City Engineer to execute the agreement. (Funding for this project is provided by the National City Community Development Commission). (Engineering) 11. Resolution authorizing the City Engineer to establish handicap blue curb in front of 1632 Harding Avenue. (B. Aceves, TSC Item No. 2006-1) (Engineering) 12. Resolution authorizing the City Engineer to establish red "No Parking" zones adjacent to the driveway at 937 E. 8th Street. (E. San Juan, TSC Item No. 2006-3) (Engineering) 13. Resolution approving a Tentative Subdivision Map and Conditional Use Permit to convert nine apartments into condominium units for individual sale at 603-609 E. 19th Street. (Applicant: CondoConversions.com) (Case File No. S-2005-3/CUP-2005-4) (Planning) 14. Resolution approving a Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 E. 18th Street. (Applicant: Westone Management Consultants) (Case File No. S-2003-06/CUP-2003-25) (Planning) 15. Resolution of the City Council of the City of National City continuing appropriations from the Fiscal Year 2004-2005 budget into the 2005-2006 fiscal year budget. (Finance) COUNCIL AGENDA 2/7/06 Page 4 CONSENT CALENDAR (Cont.) 16. Cash and Investment Quarterly Reports for 3`d Quarter Ending 9/30/05 and 4th Quarter Ending 12/30/05. (Finance & City Treasurer) 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit for an approximately 4,000 square foot expansion of Sweetwater Square Shopping Center to accommodate a new Mervyn's at the southeast corner of Highland Avenue and 30th Street. (Applicant: Michelle Alfieri of SSOE for Mervyn's) (Case File No. CUP-2005-19) (Planning) 18. WARRANT REGISTER # 27 (Finance) Ratification of Demands in the amount of $820,601.61. 19. WARRANT REGISTER # 28 (Finance) Ratification of Demands in the amount of $1,326,430.10. ORDINANCE FOR INTRODUCTION 20. An Ordinance of the City Council amending Title 18 of the Municipal Code reducing minimum public parking aisle width and parking stall depth requirements. (Applicant: Westfield Corporation, Inc.) (Case File No. A- 2004-2. (Planning) ORDINANCES FOR ADOPTION 21. An Ordinance of the City of National City imposing a transactions and use tax to be administered by the State Board of Equalization. (City Attorney) 22. An Ordinance of the City Council of the City of National City declaring an emergency pursuant to Article XIII of the California Constitution and ordering the submission of a measure to impose a transactions and use tax (sales tax) in the amount of one percent (1 %) to the qualified voters of the City at the Special Municipal Election to be held on June 6, 2006. (City Attorney) COUNCIL AGENDA 2/7/06 Page 5 PUBLIC HEARING 23. Public Hearing — Health and Safety Code Section 33433 report and reuse analysis of the Park Village Project. (Community Development Commission) NON CONSENT RESOLUTIONS 24. Resolution approving the Health and Safety Code Section 33433 Report and Reuse Analysis for development of the Park Village Project and making certain findings herewith. (Community Development Commission) 25. Resolution of the City Council of the City of National City ordering the submission of a measure to the qualified voters of the City of National City at the Special Municipal Election to be held on June 6, 2006, relating to approval of an Ordinance imposing a one cent transactions and use tax (a sales tax) for City services, facilities and programs. (City Attorney) 26. Resolution of the City Council of the City of National City calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, June 6, 2006 for the purpose of submission of a ballot measure to the voters as required by the laws of the State of California relating to General Law Cities. (City Attorney) 27. Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a Special Municipal Election to be held on June 6, 2006 with the Statewide Primary Election to be held on the same date pursuant to Section 10403 of the Election Code. (City Attorney) 28. Resolution of the City Council of the City of National City authorizing the filing of an impartial analysis and written arguments relating to a measure to approve an Ordinance imposing a one cent transactions and use tax (a sales tax) for City services, facilities and programs. (City Attorney) 29. Resolution of the City Council of the City of National City authorizing the Mayor to execute a grant of easement agreement and a lease agreement with Baldock Holdings, Inc. for an underground parking garage underlying the City owned alley for a residential condominium project on Highland Avenue between 21 s and 22nd Streets. (City Attorney) NON CONSENT RESOLUTIONS (Cont.) 30. Resolution authorizing the City Council to approve, accept and record Highland Avenue and 21st Street final subdivision map (S-2004-14, CUP- 2004-23). (Engineering) COUNCIL AGENDA 2/7/06 Page 6 31. Resolution approving the Operating Procedures and Bylaws for the National City "Community and Police Relations Commission" (CPRC). (Community Services) NEW BUSINESS 32. Verbal Update on City/Community Development Commission Integration. (City Manager) 33. Temporary Use Permit — Cornerstone Church of San Diego Temporary Church Structure — 1920 Sweetwater Road, March 6, 2006 — September 6, 2006) (Building & Safety) 34. Award of Paratransit Vehicle Permits and Medallions. (Finance) 35. Alpha Project — National City Progress Report -- December 1, 2005 — January 2006. (Public Works) STAFF MAYOR AND CITY COUNCIL Next Regular City Council Meeting — Tuesday — February 15, 2006 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE 1N THE CITY CLERK'S OFFICE Item #1 2/7/06 PRESENTATION - IMPACTS OF GENERAL FUND BUDGET CRISIS ON POLICE DEPARTMENT - POLICE CHIEF ADOLFO GONZALES ITEM #2 2/7/06 PRESENTATION - IMPACTS OF GENERAL FUND BUDGET CRISIS ON THE FIRE DEPARTMENT - FIRE CHIEF ROD JUNIEL City of National City, California COUNCIL AGENDA STATEMENT February 7, 2006 MEETING DATE AGENDA ITEM NO. 3 ITEM TITLE INTERVIEWS AND APPOINTMENTS: AD HOC COMMITTEE ON HOUSING AND\ HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE PREPARED BY Michael R. Dalla DEPARTMENT City Clerk EXT. EXPLANATION There is one remaining vacancy on the Ad Hoc Committee on Housing due to the unexpected departure of Fr. Farrell from St. Anthony's Church. The vacancy has been advertised and posted. Applications will be distributed prior to the meeting and applicants have been invited to appear. There is also a vacancy on the Housing and Community Development Committee. Mr. Mario Lopez has been interviewed may be considered for appointment to that position. 2 ( Environmental Review XX N/A Financial Statement None >STAFF RECOMMENDATION Interview and appoint MIS Approval Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below ) Applications Resolution No. A-200 (Rev. 7/03) ITEM #4 2/7/06 APPOINTMENT TO METROPOLITAN TRANSIT SYSTEM (CITY COUNCIL) ITEM #5 2/7/06 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 1, 2005 AND THE ADJOURNED MEETING OF DECEMBER 13, 2005. (CITY CLERK) ITEM #6 2/7/06 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 thismeeting 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 Feb. 7, 2006 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council approving the proposed 2005/2006 Memorandum of Understanding between the City and the National City Municipal Employees' Association PREPARED BY Ryan Hyland DEPARTMENT Human Resources Department Deputy Director 336-4300 EXPLANATION City representatives and the National City Municipal Employees' Association (MEA) began discussions for the purposes of updating the current MOU in May 2005. Both parties met and conferred in good faith and reached agreement on the attached MOU which covers the period of July 1, 2005 through December 31, 2006. The signed MOU is now before the City Council for final approval. The proposed MOU balances the City's current budget constraints with the need to reward MEA employees for the valuable work they provide throughout the City. The retention incentive illustrates an innovative compensation approach that is required due to the fiscal environment the City currently operates within. The approach is fiscally prudent as it emphasizes one time expenditures over ongoing expenditures. This approach has been used consistently with each of the City's bargaining units. Elements of the proposed MOU include, but are not limited to: • • $2,000 per member one time Retention Incentive for all members with at least one year of service. 4/10 schedule (Fridays Off) • Vacation Sell -Back program added • Expanded definition of "time worked" for overtime purposes • Increased opportunities for Acting Assignment Pay • Increase to Education Reimbursement Budget • Increase to Bilingual Pay Reduction in City's contribution to Health Net and Delta Premier Insurance C Financial Statement !Fiscal Year 05-06 Retention Incentive Employee Lounge Improvements 'Education Reimbursement I !Bilingual Pay _ 3 Cost Budget Impact; ' $264,0001One time I $25,000I0ne time1' $8,000 On -going $22,0001On going $319,000E�� General Fund appropriations will be increased by $319,000 for Fiscal Year 05-06 via the attached resolution. Finance Dept. Authorization STAFF RECOMMENDATION Approve Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Proposed Memorandum of Understanding Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE PROPOSED 2005/2006 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION WHEREAS, the City has met and conferred with representatives of the National City Municipal Employees' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et. seq. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City Manager is hereby authorized to enter into a Memorandum of Understanding (MOU) between the City of National City and the National City Municipal Employees' Association for the period July 1, 2005 through December 31, 2006. Section 2. General Fund Appropriations are hereby increased by $319,000 for Fiscal Year 2005-2006. Said Memorandum of Understanding shall be on file in the Office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 2/7/06 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of the City of National City Authorizing the City Manager to Execute a Side Letter to Memorandum of Understanding Between National City Municipal Employees' Association and The City of National City: 4/10 Work Schedule for Library Employees DEPARTMENT Human Resources PREPARED BY Ryan Hyland,eputy Director HR (336-4300) EXPLANATION Beginning the week of February 6, 2006, the National City Library's days of operation will be adjusted to Monday through Thursday. The attached side letter has been agreed upon by the City and the MEA and addresses the necessary adjustments needed to implement this new schedule. Environmental Review ✓ N/A Financial Statement The side letter will not create a financial impact on the City. STAFF RECOMMENDATION Approve the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1) Resolution 2) Side Letter to MOU Account No. Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION AND THE CITY OF NATIONAL CITY TO IMPLEMENT A 4/10 WORK SCHEDULE FOR EMPLOYEES OF THE NATIONAL CITY PUBLIC LIBRARY WHEREAS, due to budget constraints, the City Manager has recommended that the National City Public Library be open only four days a week; Monday through Thursday; and WHEREAS, to accommodate the new business hours of the Library, it is necessary to adjust the work schedules of the full-time Library employees to work ten hours a day, four days a week (4/10). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute a side letter to the Memorandum of Understanding between the National City Municipal Employees' Association (MEA) and the City of National City to implement a 4/10 work schedule for full-time employees of the National City Public Library. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU LOCAL 2028 AND THE CITY OF NATIONAL CITY 4/10 WORK SCHEDULE FOR LIBRARY EMPLOYEES Effective upon Council approval of this side letter, the CITY shall adjust the work schedules of employees in the Library. The new work schedule is necessitated by the City's current budget situation and the associated reduction in Library business hours. This side letter will serve as the controlling document for issues related to the Library's 4/10 schedule. When the Library reverts to previous hours of operation, the feasibility of the 4/10 schedule will be reconsidered at that time. Although the 4/10 implementation plan has been designed to be as specific as possible, the City, MEA, and SEIU Local 2028 understand that there are aspects of work schedule changes that cannot be fully anticipated, and that the parties may need to meet to discuss unforeseen circumstances should they arise. ARTICLE 24: Work Day, Work Week, Pay Period, and Pay Day Section 6: 4/10 Work Schedule for Library Employees Work Day: The standard work schedule requires that employees work ten (10) hour days four (4) days per week. The standard work schedule is 9:10 a.m. to 8:10 p.m. Monday, Tuesday, Wednesday, and Thursday. The Library will be closed to the public on Friday, Saturday, and Sunday, and employees will not work on those days. A one -hour unpaid lunch will be provided. Pay Day: No change. Overtime: Implementation of this schedule will have no effect on current overtime practices. Leave Time: Leave time (including Comp., Floater, Vacation, and Sick) will continue to be accrued at the same rate, but will need to be taken in accordance with however many hours of work are missed. For instance, should an employee take a vacation day on a day they are scheduled to work 10 hours, 10 hours of vacation time will need to be used. Accrual Rates: Rates will be unchanged. The number of scheduled work hours during which the employee is absent will be deducted from the appropriate leave category. For example, an employee taking a single vacation day, or who is absent due to illness, will have ten hours deducted from his/her accrual balance. Holidays: Holidays will continue to be compensated at a rate of eight (8) hours of the employee's regular rate of pay. Employees will use 2 hours of leave time (vacation, floater, or comp.) to maintain a 40-hour workweek when those holidays occur on a regular workday. Employees also have the option of working an additional 2 hours Library 4/10 - Side Letter to Current MOU Page 1 within the pay week (Tuesday through Monday) in which the holiday occurs. The make up schedule will be structured at the Library Director's discretion. The standard make up schedule will provide thirty (30) minute lunches and a ten (10) minute reduction in break times for each day during the pay week in which the holiday occurs. When a holiday falls on a Friday, the day will be accrued at eight (8) hours and will be taken as a floater at a later date. These floaters must be used prior to the end of the fiscal year. The use of the floater is subject to Supervisor approval, just as is the current practice for leave time. If workload issues, as defined by supervisors, create a situation in which holiday leave floaters cannot be used by the end of the fiscal year, the holiday leave floater can be carried to the new fiscal year. Breaks: In keeping with the current rest time allotted in Section 1, the City will continue provide to 15 minutes paid rest time for each four (4) consecutive hours worked. To account for the additional 2 hours worked during each workday required by the 4/10 schedules, an additional 7.5-minute rest time will be added to each workday. Given the current staffing shortage in the Library, the City will permit the reconfiguring of rest time, noted above, in any manner determined appropriate by the City Librarian. This flexibility is specifically designed for the current staffing shortage only, and when the City's budget once again allows for full staffing the City shall adjust rest schedules as needed. Implementation: Contingent upon Council approval, the new work schedule will be implemented on February 7, 2006. For the CITY: Chris Zapata City Manager Date For the NCMEA: James Slade President/NCMEA Date Library 4/10 - Side Letter to Current MOU Page 2 City of National City, California COUNCIL AGENDA STATEMENT :ilEETING DATE Februa;ry 7, 2306 AGENDA ITEM NO. 9 (ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a ` contract between Project Design Consultants and the City for $442,846 to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project (This project is funded by a SANDAG Smart Growth Grant and the Community Development Commission.) PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT Engineering See attached explanation. EXT. 1387 ( Environmental Review X N/A MIS Approval ) Financial Statement The amount for the contract is $442,846. Funding is available through Community Development Center (CDC) Department. of the three projects will be as follows: Sidewalk and Streetlighting ($252,422), and r($141,711), and Fountain Plaza -Promenade Improvements ($48,715).Gi 7;e=jik STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A P rove dBy: sV Finance Director The expenditures toward each Median and Landscape ri Account No. ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. 2. Three original copies of the Contract Agreement 3. Firm's Biography A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS, INC., IN THE AMOUNT OF $442,846 TO PROVIDE DESIGN AND CONSTRUCTION SERVICES FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND FOUNTAIN PLAZA PROMENADE IMPROVEMENTS PROJECT WHEREAS, the City desires to employ a contractor to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project; and WHEREAS, the City has determined that Project Design Consultants, Inc., is a professional engineering/architectural firm, and is qualified by experience and ability to perform such services desired by the City, and Project Design Consultants, Inc., is willing to perform such services at the cost of $442,846. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the amount of $442,846 with Project Design Consultants, Inc., to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk d APPROVED AS TO FORM: George H. Eiser, III City Attorney RE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract between Project Design Consultants and the City for $442,846 to provide design and construction services for the National City Boulevard Streetscape and Fountain Plaza Promenade Improvements Project (This project is funded by a SANDAG Smart Growth Grant and the Community Development Commission.) Background National City Boulevard is considered to be the most prominent north -south thoroughfare within the Downtown/Civic Center area of the City of National City. According to the findings of the Downtown Specific Plan, the proposed street improvements on National City Boulevard and cross streets will provide a more appealing walkable neighborhood for the community and have a significant impact on the visual quality of the street and adjacent businesses. The recommended improvements are to install landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th and Division Streets. In addition, the improvements will include the sidewalk area rehabilitation of an area on National City Boulevard between 12th and 7th Streets. The work will include coordinated design of public right of way improvements such as lighting, street furniture, sidewalk, driveway, curb and gutter, traffic signs, irrigation, signage, and plant material which will provide a visual orientation framework for Downtown visitors. The project will also include a Fountain Plaza Promenade improvement which will be installed on 9th Street between A Avenue and National City Boulevard. The Fountain Plaza is conceived to be a public space that is a major crossroad in Downtown for residents, and students from the Education Village and visitors. In order to provide the financial support for the project and to perform the recommended improvements the City submitted grant applications for the project through the San Diego Association of Government's (SANDAG's) Pilot Smart Growth Incentive program. The City received the requested grant funds in support of the City's proposed work. The grant funds constitute approximately half of the total construction cost. The remaining construction cost will be local funds provided by the Community Development Commission. The design work will be entirely CDC funded. Engineering/Architectural Design On October 10, 2005, the Engineering Department requested Statements of Qualification for professional engineering/architectural services to design the recommended improvements on National City Boulevard and for the Fountain Plaza Promenade. 1 On November 7, 2005, the City received eight statements of Qualification from the following firms: Boyle Engineerin DeLorenzo Incorporated Masson & Associates, Inc. Nasland Engineering Project Design Consultant Schmidt Design Group, Inc. Van Dyke San Diego, CA 92111 San Diego, CA 92101 Escondido, CA 92025 San Diego, CA 92111 San Diego, CA 92101 San Diego, CA 92103 San Diego, CA 92103 A selection panel was formed to review the submittals. The panel members consisted of Steve Kirkpatrick (City Engineer), Ben Martinez (CDC Director,) Mary Jo Wilson (Principal Planner), Maryza Seal (Management Analysis II), and Din Daneshfar (Associate Civil Engineer). On November 17, 2005, after the review of the submittals the selection panel met and selected four candidates for interview. The four firms were Nasland Engineering, Project Design Consultant, Schmidt Design Group, Inc., and Van Dyke. The candidates were interviewed and Project Design Consultant was selected to advance to the next step. The scope of work, project schedule, and fees were negotiated with the selected firm. Finial Currently, the grant funds available for the project are $2,000,000 through the Pilot Smart Growth Incentive Program. The total amount as matching funds budgeted by the Community Development Commission for the project is $2,258,000. The total cost for the entire project is estimated at $4,258,000. The design is funded by the Community Development Commission. Staff Recommendation Staffs recommendation is to adopt the resolution authorizing the Mayor to execute the contract between the City and Project Design Consultants. Attachments Details of the scope of work for the work, 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 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT ENGINEERING CONSULTANTS THIS AGREEMENT is entered into this 17th day of January, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Project Design Consutant, a California Professional Corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the Engineering and Architectural Design Services for the National Streetscape anfd Fountain Plaza Promenade Improvements Project. WHEREAS, the CITY has determined that the CONTRACTOR is a is a Professional Engineering/Architectural 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 Revised April 2005 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. 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. Gordon Lutes 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, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the 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 2 Revised April 2005 CONTRACTOR's written work product for the CITY's purposes, and the 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 3 Revised April 2005 City of National City business license prior to and during performance of any work pursuant to this Agreement. 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 4 Revised April 2005 places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 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. 5 Revised April 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include 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 CONTRACTOR'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- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. 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. 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. 6 Revised April 2005 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining theamount 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 conclusjve 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. 7 Revised April 2005 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 Gordon Lutes Senior Vice President Project Design Consultants 701 B Street, Suite 800 San Duego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 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 8 Revised April 2005 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. ❑ 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 9 Revised April 2005 agreement, representation, or promise made by either party hereto, or by to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Project Design Cosultants (Corporation — signatures of two corporate officers) By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, I11 City Attorney By: (Title) (Name) (Title) 10 Revised April 2005 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements EXHIBIT A SCOPE OF WORK TASK 1.0 SURVEY AND MAPPING Overview: Accurate and current survey and aerial topographic base mapping will be required to provide a sound basis for the design and construction documents. In addition, this task will establish the relevant project property lines, easements and encumbrances. The purpose of this task is to establish survey datums, conduct site and aerial GPS control surveys, prepare aerial topographic mapping, digital color orthophoto mapping and map street right-of-way, utility and feature location/mapping. Deliverables: The deliverables associated with this task are as follows: • Control survey map and coordinate/elevation values; • Nine by nine inch prints of black and white aerial photography; • Color aerial orthophoto of project area; • One -foot contour interval digital aerial topographic mapping in Autocad format; • Digital Terrain Model at one -foot contour interval accuracy in Autocad format; • Hardcopy plot and digital CAD file of the plotted right-of-way in Autocad format; and • Digital coordinate and elevation data of field supplemental topographic surveys and hardcopy plots of locations in Autocad format. Assumptions: This task assumes that survey acquisition of right-of-way or ea Subtask 1.1 Control Surveys Static GPS survey method will NAD 83, Zone 6, NGS HPGN and appropriate vertical datum will be surveyed by GPS Rapid and mapping services will not be required for the sements. be used to transfer California Coordinate System or City of National City GPS control monuments to project control monuments. HN control panels Static and RTK methods to the project control. 1 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 1.2 Aerial Photogrammetry Color aerial photography will be collected with a RC30 calibrated camera with Forward Motion Compensation. Photography for topographic mapping will be collected for one -foot contour interval mapping. Conventional aerotriangulation will be utilized to transfer minimal ground control panels to control each stereo model with four pug points. A single bundle block adjustment will be conducted to balance error with a report produced to quantify the quality of the control and adjustment. Breaklines, mass points, digital terrain model, contours and topographic features will be mapped by a 1st order IMA analytical stereo plotter with super -imposition of the CAD image over the stereo model projection or on a Datum Summit color softcopy system. Subtask 1.3 Right -of -Way Plotting Record survey maps will be researched at the County Recorder's Office. A sufficient number of record monuments of the property boundary will be searched for and surveyed into the project coordinate system with GPS Rapid Static and RTK methods or conventional total station methods. The purpose of this sub - task is to provide AutoCad line work sufficient for project design. Subtask 1.4 Design Topographic Survey These surveys would be performed with RTK GPS or conventional total station equipment. These surveys would supplement the aerial topographic survey when greater accuracy or detail is required. These surveys include surface street cross sections at the minimum of 50' intervals along National City Boulevard from 12th Street to 9th Street. Also included is supplemental survey data within the plaza area of 9th Street. All data will be collected electronically and downloaded to CAD files electronically for evaluation of the design engineers. Subtask 1.5 Easement and Property -Related Document Preparation Documents could include utility easements, temporary construction easements, construction access easements, right -of -entry permits, Caltrans encroachment permits, State Lands Commission easement, and numerous other related documents. Licensed land surveyors will prepare these documents. No document is anticipated, but this task includes the preparation of one (1) property exhibit. TASK 2.0 DATA COLLECTION Overview: 2 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements The purpose of the data collection task is to perform the necessary research, collection, and organization of data to support the design process for the entire project. Deliverables: The deliverables associated with this task are as follows: • Base map in AutoCAD format; and • Cost model in Excel format Assumptions: The following assumptions have been made for this project: • City staff will provide PDC with as -built and survey record information; and • City staff will provide PDC with unit cost data from similar projects recently completed within the City of National City for use in developing the cost model. Subtask 2.1 As -Built Record Research This task includes coordinating with city staff to determine the appropriate record information needed for this project. The City of National City staff will research and provide PDC with appropriate as -built improvement and survey record information for all areas within the project limits. As -built records provided to PDC should include existing public street improvements, traffic signals, street lights, storm drain systems, sewer systems, water systems, irrigation systems, record survey maps and all other available information requested by PDC. Subtask 2.2 Franchise Utility Record Research PDC will contact the franchise utility companies and request copies of their record utility maps within the project limits. This information will be used by the design team to coordinate proposed improvements with the franchise utility companies and their respective facilities. Subtask 2.3 Site Research The purpose of this task is to identify existing site conditions that will impact the work to be done and to field verify as -built record information. A visual survey of the site will be conducted by the design team to identify existing improvements, equipment, materials, plantings, and furnishings that will remain, be removed, and/or be replaced. A photo log of the existing site improvements will be created and used for reference by the design team. Subtask 2.4 Base Map The survey, mapping, and existing record information will be consolidated into a master AutoCAD file for creation of the base map. The base map will be utilized 3 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements by the Design Team for preparation of construction plans and exhibits as well as to assist in the planning/coordination of meetings. Subtask 2.5 Review Existing Plans And Reports PDC will review and become familiar with the National City Specific Plan and other environmental documents previously prepared that encompass the project area. Subtask 2.6 Develop Cost Model City staff will provide PDC with unit cost data from similar projects recently completed within the City of National City. This task includes research performed by PDC to collect cost data from projects of similar scope and location, material suppliers, manufacturers, and cost books to supplement the unit cost data provided by City staff. The cost data will be developed into a cost model for the project. The cost model will be used as the basis for preparing cost estimates during the master planning and final engineering phases of the project. TASK 3.0 PHASE 1 ENVIRONMENTAL SITE ASSESSMENT Overview: The proposed study consists of the following tasks: ▪ Task 1 - Records Review • Task 2 - Onsite Observational Reconnaissance • Task 3 - Interviews • Task 4 - Report Preparation The "site" for this scope of work will be limited to the portion of National City Boulevard between 1st Street and Division Street directly adjacent to the existing gas station. Work will be performed in general accordance with ASTM "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process - E 1527-00". Details of the tasks outlined in the subsections. Assumptions: The proposed study does not include the following: • Water sampling and analyses; • Consideration of possible future contamination of the site from adjacent or surrounding facilities or properties; and • Physical sampling and testing of soils, asphalt, concrete, and/or other materials. 4 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 3.1 Records Review • Review of selected govemment documents for record of potential hazardous materials/waste contamination at the site and in the immediate vicinity of the site. • Review of selected historical aerial photographs for general site use information. • Review of readily available published Local geology and a current USGS 7.5 Minute Topographic Map and literature to determine geologic setting and types of geologic formations beneath the site. • Review of readily available published local and regional hydrogeology maps and literature for depths to ground water, general quality of ground water, direction of ground water flow, and water -bearing lithologies. • Review of existing geotechnical and environmental reports, provided by National City, for mention of environmental conditions onsite. • Review of the following reasonably available historical sources of information which shows the subject site dating back to 1940: aerial photographs, fire insurance maps, property tax files, recorded land title records, USGS 7.5 Minute Topographic Maps, local street directories, building department records, zoning/land use records. • Contact appropriate local (fire department, planning and building permit departments, utility), county (County Department of Environmental Health, Regional Water Quality Control Board, Air District), and state agencies who may have information regarding the occurrence of hazardous materials/waste at the site, including registered underground storage tanks, landfills, contaminated sites, records of emergency release reports, contaminated public wells. Subtask 3.2 Site Reconnaissance • Perform an onsite observational reconnaissance for visual indications of environmental conditions. This includes observations of the current conditions of the site and adjacent properties for drum storage and chemicals, discolored ground surfaces or corrosion, underground storage tanks, drains or sumps/clarifiers, electrical transformers, areas of solid waste disposal, transformers, monitoring wells, septic systems, stressed vegetation, etc. • Land use of immediately adjacent properties will also be identified for signs of a potential environmental impact on the subject site, including USTs and ASTs, manufacturing activities, landfills, etc. • Photograph current site conditions. Subtask 3.3 Interviews • Interview selected present employees (if they are available and cooperative) for additional information about past and present site usage. • Interviews with local government officials (Fire Department, and Health Agency) for information regarding hazardous waste disposal or other environmental issues dealing with the site. 5 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 3.4 Report Preparation • A report summarizing our findings, conclusions, and recommendations will be prepared and submitted to you. TASK 4.0 MASTER PLAN Overview: The purpose of the master planning process is to develop a site design that collectively utilizes the design elements to meet the requirements of the project and implements the Downtown Specific Plan in the most functional and aesthetically pleasing manner. The intent of the Master Plan is summarized by quoting National City's Mayor: "that development in Downtown National City will exemplify superior architecture and the best of urban design". The Master Plan will blend the community's ideas to create a truly unique, memorable place. There are three distinct areas that compose the project: 1.) The streetscape on National City Boulevard from 12th Street to 7th Street, 2.) The medians on National City Boulevard from 7th Street to the north City limits, and the plaza area on 9th Street between alley west of A Street and National City Boulevard. Deliverables: The deliverables associated with this task are as follows: • Opportunities and Constraints Plan — The aerial photographic map as the base with analysis information as an overlay. • Program — Key elements of the project and a description of the elements. • Conceptual Alternative — One alternative presented to the Community for streetscape and median improvements on National City Blvd. • Public Art Concept — Up to two (2) altemative for fountain / plaza area • Public Participation Documentation — Meeting Minutes • Master Plan — The approved Master Plan rendered and mounted for presentation purposes. • Estimate of Probable Cost — Cost estimates would be developed at the programming phase, the conceptual alternatives phase and for the final master plan. • Two Public Workshops Subtask 4.1 Program Development Site research and analysis is a critical preliminary step to program development. This subtask would include review of all existing conditions information, existing roadway improvement plans, pertinent National City planning documents This step provides the designer with pertinent site information in order to evaluate and determine the site's character, problems and potential. This task 6 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements will generate an Opportunities and Constraints Plan, which would inventory and summarize the research and analysis subtasks. Program development consists of developing a list or outline of all the elements and requirements the design solution must include and satisfy. The program serves two purposes: it acts as a summary and synthesis of the site inventory and analysis as well as the client/public input. The program functions as a checklist with which to compare the design elements as the design team goes through the master -planning process. The approved program is a written reminder of what should be included in the proposed streetscape. Subtask 4.2 Master Planning Master Planning subtask 2.2 through subtask 2.7 will consist of two workshops that wilt address all aspects of the project. These concentrated sessions will occur within weeks of one another. The Concept Altemative Workshop will present the Opportunities and Constraints Plan, pertinent case studies of similar projects, the Program and a discussion of plaza public art. Meeting minutes will be generated to document the programming decisions. The design for Public Art will begin with a review of available resource material including demographic and historical data as well as pertinent existing maps, plans and drawings of the project site. The public artist together with PDC will discuss public art with the community to understand first hand, their concems as well as historic and environmental issues that may be associated with the project. The public artist will also meet with appropriate City staff to review operational concerns such as maintenance and safety and use this information as a guide to design. The public artist will work closely with PDC to develop integral public art components. The master planning team will obtain detailed information at the workshop to determine the community's needs and desires. This information will be transformed into site -related streetscape improvements. Some user groups may have needs and desires that cannot be fulfilled by this project. This type of information will be documented and conveyed to the community. The public input phase is critical to the success of the project, since this is when the community begins to take ownership of the project. Subtask 4.3 Planning Analysis This subtask would review the consolidated information generated during discussions with the City as well as the site inventory and analysis of information. A functional diagram would be developed showing the most appropriate relationships between proposed functions and spaces outlined in the program. The objective to this exercise is to determine which elements should be associated with one another and which elements should be separated. 7 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Based on the functional diagram and in conjunction with the approved Program, schematic concepts will be discussed and developed. Subtask 4.4 Concept Alternative Based on the schematic concepts, which are a culmination of the site analysis, the Program, the functional diagram, and the preliminary schematic concepts; the concept alternative will be developed. Basic organizing principles and spatial relationships will be reviewed and referenced to create appropriate streetscape improvements. One altemative for National City Blvd and up to two altematives for the Plaza will be developed and the Program will be reviewed for conformity. The concept altemative phase will help the design team identify appropriate opportunities for art interventions. Based on the team's findings the public artist will generate preliminary sketches for design team input and further develop preferred proposals for City review. Subtask 4.5 Concept Alternative Workshop The Conceptual Altemative Workshop will present the preliminary findings and initial concept to stakeholders, interested parties and the public. Reactions at the workshop will be chronicled and taken into account in the further refinement of the plan. In some instances there may be consensus, and on some issues there may be the need to "agree to disagree." All assumptions are eligible to challenge and subject to reconsideration in light of new ideas, facts and concepts. Regardless, throughout the process the PDC team will maintain an open discourse and respectful exchange of ideas. This will ensure that both those who agree with the plans and those who may oppose them, will have a fair airing of their thoughts. The team is aware that it is not the intent of the City of National City to have a "visioning" process for this project, but rather to provide an opportunity for the public to review and comment on the proposed concept. We are aware that the City of National City is not anticipating a lengthy public input process. The conceptual alternative will be presented to the community. Workshop attendees will break into groups and evaluate the concept based on specific topics: traffic and parking issues, public art, landscape treatments and site furnishings. Each group will present their recommendations to workshop attendees as a whole. Recommendations will be prioritized and meeting minutes will be generated to document decisions. Public art concepts will be presented using drawings, models and photo - simulations along with descriptive narratives and budget analyses. Subtask 4.6 Design Refinement The conceptual alternative will be reviewed to determine which aspects of the concept received the most client / community support. Review of workshop 8 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements information will also identify those parts of the concept that were not well received and determine why. The final design will be developed and the program will be reviewed for conformity with current design. Subtask 4.7 Final Design Workshop The Final Design Workshop will present the Opportunities and Constraints (if necessary), the Program, and the original conceptual alternative. The community input will be reviewed from the prior workshop and the refined alternative will be presented. The community attendees will break into groups and evaluate the refined concept based on specific topics: public art, landscape treatments and site fumishings. The facilitator will provide closure to the workshop phase of the project. Subtask 4.8 Conceptual Cost Estimates PDC will prepare a conceptual cost estimate of the proposed altemative for use by the City of National City. The estimate will be general in nature, based on large portions of work to be completed, and will note include detailed quantity takeoffs. PDC will develop the cost estimate based on construction costs provided by the City staff, our experience with similar projects, local construction cost database resources, quotes from suppliers, and input from City staff TASK 5.0 ENVIRONMENTAL DOCUMENTATION Overview: The goal of this task will be to complete the environmental review process required to obtain funding and undertake the proposed improvements. Overall, the environmental review process is anticipated to be completed with a Categorical Exemption (CEQA) and a Categorical Exclusion (NEPA). It is assumed that PDC would assume primary responsibility under direction of the City staff for preparation of documentation and notices under CEQA. It is also assumed that Caltrans would be responsible for preparing the Categorical Exclusion document and noticing requirements pursuant to NEPA. Primary subtasks will include: (1) Initial Constraint Identification and Agency Coordination, (2) Document Preparation, and (3) Process Coordination. Deliverables: The deliverables associated with this task are as follows: CEQA • Initial Study • Notice of Exemption Assumptions: 9 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements The following tasks will not be completed as a part of this project: • Visual Impact Assessment; • Biological Study; and • PES and initial Field Review forms Subtask 5.1 Initial Constraint Identification and Agency Coordination PDC will complete the following tasks. • Review certified EIR for the Downtown Specific Plan. Identify potential environmental impacts and potential design measures to avoid or reduce any impacts. • Meet with design team to discuss environmental impacts and design measures. • Coordinate with Caltrans staff to identify environmental review process and any aspects that may be unique to the proposed project. Subtask 5.2 Document Preparation PDC will complete the following tasks. NEPA • Prepare Field Review form. CEQA • Prepare Initial Study. • Prepare Notice of Exemption. Subtask 5.3 Environmental Processing PDC will complete the following tasks. NEPA • Conduct a field review with Caltrans staff. • Monitor CE processing by Caltrans and provide supplemental documentation or information, as required. CEQA • Submit Notice of Exemption to City staff. • File Notice of Exemption with County Clerk after approval of improvements. TASK 6.0 TRAFFIC ENGINEERING Traffic engineering studies have been completed as part of previous studies for this project and are assumed adequate for the proposed work. If Caltrans determines that the existing traffic reports are not adequate for processing this 10 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements project through Local Assistance, Damell & Associates will be available to update the existing Traffic Study to conform to EIS format and requirements. TASK 7.0 CONSTRUCTION DOCUMENTS Overview: The purpose of this task is to design and develop the documents required for permitting and construction of the project. Deliverables: Deliverables for this task include the following: • Public Improvement Plans • Construction Details • Striping and Signing Plans • Electrical Plans • Electrical Panel Board Schedules • Planting Plans • Irrigation Plans • Landscape Details • Construction Layout Plans • Roadway Cross -Sections • Water Quality Technical Report (WQTR) • Storm Water Pollution Prevention Plan (SWPPP) • Technical Specifications • Opinion of Probable Construction Costs Assumptions: The following assumptions have been made for this project: • Drainage design will not include area pipe flow analysis; • Structural design and analysis is not included; • Traffic control plans will be completed by the contractor and are not included as a part of this contract; • Traffic signal modification plans are not included; • Traffic signal timing coordination plans are not included; • Mechanical and plumbing construction documents will not be prepared for the fountain; • Drainage improvements will be limited to relocation of existing structures; and • Schedule for design, as stated in the contract, will be maintained. If the schedule is lengthened from the agreed upon schedule, additional services will be required. 11 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements Subtask 7.1 Public Improvement Plans The PDC team will develop public improvement plans at 1 "=20' scale for processing through the City of National City. The public improvement plans will include plan and profiles of new or modified curb lines, construction details and notes, title sheet, typical sections, drainage modifications, existing and proposed contours at 1 foot intervals, existing right-of-way, easements, locations of existing improvements, location of saw cut lines, project limits, and the locations of items to be removed, relocated, demolished, or salvaged. The public improvement plans will include up to 1 title sheet, 2 notes and details sheets, and eighteen (18) plan and profile sheets. Subtask 7.2 Striping and Signing Plan Roadway striping and signing plans will be developed for the project area along National City Boulevard, from 12th Street to Division Street. The striping and signing design will be based on the Caltrans standard details and specifications. The striping and signing plans will be prepared at 1"=140' scale and will include the type and location of proposed traffic striping and signs. This task includes developing up to a total of nine (9) signing and striping sheets. Subtasks 7.3, 7.4, and 7.5 Landscape Construction Documents Landscape construction documents will be prepared at 1" = 20' scale for processing through the City and for public bid. The construction documents will include but are not limited to sidewalk and plaza paving material locations, details and associated improvements. Tree grate installation details, lighting selection and coordination with the electrical engineer, the public art piece / water feature coordination, supplemental details and accent improvements, and site furnishings. Construction documents will also include street and plaza trees with specific locations, species and quantities (planting plan) and specific planting details and specifications; as well as a fully automatic irrigation system for all newly planted areas (irrigation plans and details). Subtask 7.6 Electrical Construction Documents The objective of this task is for Lopez Engineering to prepare construction documents required for permitting and construction of the electrical and street light improvements for the National City Boulevard streetscape, median, and fountain plaza promenade improvements. The electrical plans will be based on discussions with Project Team and the City of National City staff and will incorporate recommendations received from the City, and franchise utilities. The final plans and specifications will be in accordance with the city and regional guidelines, policies, procedures, codes and standards. Plans will be at 1" = 20' scale. Lopez Engineering will prepare voltage drop and conduit fill calculations in order to properly size the wire and conduit; prepare drawings that identify existing light standards and electrical equipment that needs to be removed; identify existing 12 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements light standards and electrical equipment, which need to remain; prepare drawings that identify proposed Tight standards and electrical equipment; identify points of connection; design electrical connection to irrigation controllers and fountain pumps; design electrical system for duplex outlet installations in the plaza/promenade area; indicate routing for trenches, where required; and identify utility crossings that will impact the trenches. Lopez Engineering will also complete a basis of design document that summarizes the project scope of work for the electrical design in straightforward language that includes all contract elements. Subtask 7.7 Mechanical Engineering The objective of this task is for Lopez Engineering to coordinate with a pump manufacturer regarding the operating requirements of the pump system for use in the plaza fountain. The pump system requirements will be identified in the specifications and the contractor will be directed submit catalog cuts of the proposed pump system for approval. Subtask 7.8 Roadway Cross Sections PDC will develop cross sections at fifty -foot (50') intervals for streetscape improvements along National City Boulevard, from 12th Street to 7th Street, and along 9th Street, from National City Boulevard to "A" Avenue. Roadway cross sections will not be developed for the portion of the project involving only median improvements. The roadway cross sections will extend from right-of-way to right- of-way, or catch point to catch point (whichever is greater), and include the existing and proposed roadway surface, curb, gutter, median, sidewalk, and cut/fill slopes. This task will include developing up to a total of fourty (40) cross sections. The roadway cross sections will be provided to city staff during their review process, but will not be included as a part of the bidding documents. Subtask 7.9 Water Quality Technical Report Prepare a Water Quality Technical Report (WQTR) »to comply with the City of National City regulations and the County of San Diego Standard Urban Storm Water Mitigation Plan (SUSMP) for Land Development. The WQTR will identify pollutants and conditions of concern, establish permanent stormwater BMPs, and ensure implementation and maintenance of post -construction BMPs. Includes field reconnaissance to observe downstream conditions, including undercutting erosion, slope stability, vegetative stress, and the area's susceptibility to erosion or habitat alteration as a result of any future upstream development, and determination of the rainfall runoff characteristics from the project area under existing and proposed conditions following the requirements of the City of National City and the County SUSMP. The following items are not included in the scope of work for the WQTR and would need to be contracted for separately: hydraulic calculations of BMPs, supply or implementation of BMPs, coordination of maintenance agreements for 13 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements BMPs, revision of the Water Quality Technical Report due to changes in planned development of the project area. Subtask 7.10 Storm Water Pollution Prevention Plan Prepare a Storm Water Pollution Prevention Plan (SWPPP) as required by the modified General Permit for Storm Water Discharges from Construction Activity (SWRCB Order No. 99-08-DWQ and Resolution No. 2001-046, NPDES Permit No. CAS000002) for construction phase activities based on the SWMP, the Erosion Control Plans, and Grading and Improvement Plans submitted for permitting. The SWPPP will include the site description addressing the elements and characteristics specific to the site, descriptions of BMPs for erosion and sediment controls, descriptions of BMPs for construction waste handling and disposal, methods of implementation of approved local plans, description of proposed post -construction controls, details of non -storm water management, a construction site sampling, monitoring, and inspection plan. This scope includes the completion of a Notice of Intent (NOI) for the Client, one meeting with the Client to review the SWPPP prior to completion, and one brief training session for the site superintendent on proper SWPPP implementation. Updates to the SWPPP during the construction phase are excluded from this scope, but may be added by contract amendment. Client to provide all submittal fees. The following items are not included in the scope of work for the SWPPP and would need to be contracted for separately: hydraulic calculations of BMPs, supply or implementation of BMPs, coordination of maintenance agreements for BMPs, revisions to the SWPPP after approval from the Client, BMP monitoring or sampling, BMP monitoring or sampling training, processing through the Regional Water Quality Control Board (RWQCB) or other resource agency, and correspondence to and/or communication with the State Water Resources Control Board, RWQCB, or other resource agency. Subtask 7.11 Technical Specifications PDC will develop technical specifications for the project in the format requested by the City. The format could follow Caltrans, CSI, or the Standard Specifications for Public Works Construction ("Greenbook"), as required. The technical specifications will direct the methods and materials to be used by the Contractor for construction of the project. The City of National City will prepare the General Provisions for the project specifications. Subtask 7.12 Opinion Of Probable Construction Costs PDC will prepare the Opinion of Probable Construction Costs for use by the City of National City. The estimate will include quantity takeoffs for each bid item. PDC will develop unit costs for the bid items based on unit prices provided by the City staff, our experience with similar projects, local unit cost database resources, quotes from suppliers, and input from City staff. 14 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements TASK 8.0 PROJECT MANAGEMENT The project management task for this project will be an ongoing, continuous process that will begin upon project initiation and conclude after the final construction debriefing meetings have been conducted. This task includes project management items that support the engineering and construction services, team meetings, client meetings, progress reports, invoicing, writing meeting minutes, project coordination, and QA/QC review. Project management will be provided to include attendance and participation of two (2) PDC staff members in up to a total of eight (8) client meetings and eight (8) team meetings. TASK 9.0 AGENCY COORDINATION AND PROCESSING The goal of this task is to secure the permits necessary to construct the improvements. PDC will meet personally with agency staff to discuss the project and the information provided at the time of submittal. We will routinely follow up with staff to keep the project moving forward and take immediate action to address any concems. As a part of this task, PDC anticipates performing plan processing through the City and coordination with the following agencies/organizations: • SDG&E • SBC • Cox Communications • Time Warner Cable • SANDAG/MTS Lopez Engineering will contact SDG&E and the City of National City staff to discuss the proposed electrical work that needs to be performed, the operation of the existing system, operation and maintenance challenges that these personnel are experiencing with the existing system, the location of existing series street lighting (if any) that need to be upgraded, the points of connection for existing and proposed street lighting branch circuits, and their recommendations for equipment items. Since trenching will be required for this project, Lopez Engineering will coordinate the location of proposed underground conduits with the franchise utility companies and the City of National City to avoid conflicts with existing utilities. TASK 10.0 CALTRANS LOCAL ASSISTANCE PROCESSING PDC will perform Local Assistance processing services through Caltrans for this project. This task includes the review and preparation of forms required for submittal, as stated in the Local Assistance Procedures Manual. Assumptions: • The Resident Engineer's Construction Contract Administration Checklist (Form 15-B) will be completed by the City of National City's Resident Engineer 15 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements TASK 11.0 CONSTRUCTION SERVICES Overview: The PDC team will provide construction services support to the City beginning with the bidding process, through construction, and completion of the record drawings as specified below. Deliverables: The quantity and type of deliverables associated with this task will vary based upon the final construction documents. The assumed deliverables that will likely be completed as a part of this task are as follows: • Meeting minutes and written responses to Contractor's RFI's and submittals; • As -built record drawings _ Assumptions: The assumptions associated with this task are as follows: • The duration of construction will adhere to the schedule presented in the RFQ; • Developing, designing, and processing of construction changes are not included. These tasks can be performed for additional services; • Construction surveying and staking are not included, but can be provided as additional services; • The construction work will be continuous from start to completion; • The project will be advertised for construction and awarded to a contractor within the schedule presented in the RFQ; and • The project will go out for bid once, re -bidding the project will require additional bid administration services. Subtask 11.1 Bid Administration Typically, questions and clarifications are necessary during the bidding and construction processes of plans. Members of the PDC team will be available on an as -needed basis to attend pre -bid meetings, site meetings, and the bid opening, up to a total of three (3) meetings. Members of the PDC team will respond to questions from Contractor's interested in bidding on the project through the City, assist in the preparation of one (1) addendum, and review the final bid documents, as required by the City of National City. Subtask 11.2 Construction Phase Services The PDC team will be available on a time and materials basis for meetings and site visits with the Contractor, review material and product submittals for conformance with the construction documents, support the City in verifying that 16 National City Boulevard Streetscape, Median, and Plaza Promenade Improvements construction activities conform to the project drawings and specifications, and respond to RFI's as needed. At the completion of construction activities, the PDC team will be available to attend a debriefing meeting to discuss project closeout. Work for this task will be billed on a time and materials basis and will include attendance and participation in a maximum of five (5) meetings during the construction process. A substantial level of effort is anticipated for art fabrication and installation oversight. The public artist will be onsite during key construction events to assure accurate execution of the final designs. Subtask 11.3 Record Drawings At the conclusion of the project, the City of National City will furnish PDC a single copy of redlined project drawings showing changes made during construction. The design team will modify their respective original drawings to show those record conditions. PDC will process the as -built plans through the City for archiving. TASK 12.0 REIMBURSABLE EXPENSES This task will be used to cover the cost of direct expenses incurred by the project team during this project. The project team will be responsible for preparing and printing exhibits, plan sets for submittal review, and one set of final Mylars. The City of National City will be responsible for printing costs associated with preparing bid sets. 17 EXHIBIT $ CITY Or NATIONAL CITY 5- CAY Blvd. 119•Impa Inp090IIM118$ EJECT MONCONNLTANTB wPc OARN4L8 EN0111EEII1103 4411043141111 - cl , , a. ,I .,,i, 1.0 WPM AND MAPPING .... THELaartoN GROUP IT6P0 R DSSg11GROUP .. PAUL 040080N ir.t31 1.1 CanIQ19uWW 8 1. Aso5 PAoo69o. M 8,400 1 PIOWn $ 1 OM 1.4 T BUY�Y $ 0000 1.6 EEESRNnI NfEIN•NWIeS D0a0nM Pr6Me6on f 000 2.0 SUBTOTAL 4 17,576 { 17,}74 DATA COLLECTION 2.1 A443012R00dF300 oA $ 200 2.2 FISII0INESI,B!ffigBEMMOI $ ND ! 4/5 22 914 RllauoL 2.420 ! 030, ! 072 _2,4 BIa0.Me2 - _L 5.126 25 R8New E)41Ln.PINN`q Ro ala 1 • f 1.400 29 perebp COMM036 ! I,040 $ I.4A40 1 448 3.0 SUET TAL ! 9,868 ! 3.800 0 1,500 $ 16,32.3 PNAK I ENVMONMf07K SITE AESE*OMENT 3.1 Rsare4 Review f 1,200 3.2 011*08 46 08. t 420 3.3 I17107.4e7,0 f 210 3A Repot Prep0O0w t 7,010 4.0 j0BTOTAL t 0.700 6 9.700 MASTER PLAN 4.1 Pro6M11De011ee016N $ 2462 t 1.400 42 61I14e7PMrc.0O 1 5900 4.3 P10NMnAM'IM 1 5.340 4.4 C01.91A1149161706 { 7210 1 1400 $ 4.600 4.5 A06IMFw WON,. t 1220 1 1.420 t 1A00 FCjaIOII4Q011 f 1340 1 2 .026 $ 1,060 4.6 00n086 IM0bC0R - 24Oao R840 0.0 SUBTOTAL 3.620 ! 34.036 t 4260 $ 4.000 $ 48,505 ENVIRONMENTAL DOCIIIENIATpN 6.1 AMM COMOYA IOsr00Lilm sal Ammo COGGna6on 8 3,000 52 900881Mer1 f 139M 5.3 PmceWq t 1,420 L0 SUBTOTAL 6 u2w 4 24.240 TRARICC ENGINEERING 760 L2 L4MM 0IRir3R8 SNOF } 3,880 I= 7.0 SUBTOTAL 3 4,640 t 4,840 CONSTRUCOION DOCUMENTS 7.1 Public lmpraWrzw6 Plea ! 55.700 7.2 SOVSIO end 618050PIm t 0350 • 74 LAnearapa Canebumn layout Plans and OMMN ! 27000 7A Ird1a4n Pins and Ptah 0 23,400 7.6 P18MM Plana VP00MN 0 24.000 1.6 EI806X.IConshsc0o0 Dopmenu t 13,440 7.7 Machanbl Engineering $ 1,702 79 Roadway Crow 5ectbM $ 4.706 7.0 Wain loam Tech** Re0d1 1 5.020 7.10 Storm Water NAP.. P8Enn0on Plan t 5200 7.11 Talembl1500NAA000 $ 13,140 t 3,000 1 2,400 T.12 Cpl,I00 w Probable Cmprvctlo0 Owls t 6,640 $ 14,5o0 f 1,344 IA SUBTOTAL f 99,636 0 62000 5 19284 1 201 099 PROJECT MANAGEMENT 8.1 Team MAAR1w 1 6.250 t 2,700 $ 1 440 0.2 CINnt Ma0BN. and Minutes t 4 040 4 3.600 4 720 0.3 0AMC 0 1200 3 3,800 1 380 0.4 BIN./9dN00a0 $ 2.700 0.6 Progress RepaN 1 2.000 $ 1,200 $ 360 9.0 SUBTOTAL $ 15,300 t 11100 1 2800 $ 29.280 AGENCY COORDINATION AND PR0CE8BIIq [SUBTOTAL 10.0 1 0 3,5101 $ 5 940 1 1 1$ 9.460 CALTRANS LOCAL ASSISTANCE PROCESSING 10.1 Re46810.r A20042064013C1 t 420 102 Pm1ec1 Prefix Checklist (3E1 4 260 10.3 FIn0NY Leger 13F1 0 1 040 10.4 Papua. 00 Aulho4A0ticn Dati Shoal (3G) 1 2,000 10 5 Local Agency AOnem nl CN 4161M .144I 0 1,400 10.6 Reid Review Perm (78) ! 3,460 10.7 Preliminary Estimate M Con (124) IoM) 520 10.0 PSOE CSMlkelfon 112C) 1 130 10.8 P86E C6echN1f12O) S IN 10.10 No Right e1 Way CeRllke0on (13A1 t 620 10.11 Consruc0on Con6at Aem41atNan Chnklll)ISA) 4 620 10.12 Reeteenl E896l0044 Constructor ConlractAbnnNINfon Che60801 t 10.13 Local -Agency Project Advertising CY1e(UN1115C) t 620 10.14 BP Tabule0on Summary Sheet(1001 t 1040 10.15 Local Agency 610 Openp 26eck1141 1161) $ 260 10,18 Lout Agency C0n00C1 Aware Checklist 11611 4 1N0 10.17 Oelall EaImete (1614) 5 700 10. 18 Mownge win Caleen4 L0ce1 Aee1e1-58w(3 51040n0o) S 1800 10,10 Reylse Form4 4 4.700 10.20 Oversight (To be pedonne0 by Boyle Engineering) 3 0000 11.0 SUBTOTAL $ 32470 t 32470 CONSTRUCTION SERVICES 11.1 Bid Administration $ 1.820 $ 1,050 $ 440 11.2 Construction Support Sankey 4 6620 4 2600 1 2,016 $ 5,250 11.3 Recordbrewln2e 4 0,000 1 4300 1 2240 12.0 SUBTOTAL $ 13500 t 0750 j 4704 1 5,200 $ 32,204 REIMBURSABLE EXPENSES SUBTOTAL 6 9,000 1 7,000 i $ 530 1 1,200 1 250 i 1 350 [ $ 18,350 TOTAL t 187.000 5 153.625 5 27,070 $ 17,575 5 26.736 1 4,820 $ 10,050 1 5.250 1 10.050 1 442,846 .. uary ., 2008 Surveying, Photogrammetry Site Manager, Crew Manager, Mapping Manager, Senior Surveyor $125 Sr. Right -of -Way Agent Surveyor $120 Crew/Mapping Coordinator, Photogrammetric Mapping Manager $110 Survey Coordinator g $105 Survey/Map Tech II $100 Photogrammetrist/Photogrammetric Map Editor $90 Survey/Map Tech I $90 Right -of -Way Agent $85 Right -of -Way Special Projects Engineer $80 Clerical $75 2-Man Survey Crew (Conventional) $60 3-Man Survey Crew (Conventional) $200 I -Man Crew (GPS; 1 Receiver) $230 2-Man Crew (GPS; 2 Receivers) $130 3-Man Crew (GPS; 3 Receivers) $225 $300 Reimbursable charges for blueprinting, photographic mylar reproduction, photocopying, travel and mileage, delivery services, long-distance telephone charges, computerized plotting, special graphic supplies, facsimiles, and other direct project charges incurred on behalf of Client will be billed to Client at cost plus 10%_ Rates subject to change without notice after June 30, 2005 T.\MUNICIPAL➢VFRA.STRUCTURE\NATIONAL CITY BLVD\LABOR RATE-05MARCH.DOC REVISED 1/12/05 LABOR RATE SCHEDULE Effective March 07, 2005 Principal, Senior Project Manager Project Manager $180 Planning, Environmental & Landscape Architecture $150 Senior Environmental/Senior Planner Senior Landscape Architect $120 GIS Specialist, CAD/GIS Coordinator, Associate Planner $1 10 Landscape Architect, Project Planner $105 Landscape Designer, Assistant Planner $100 Urban Designer, Electronics Visualization Specialist $95 Junior Planner $90 GIS Technician $90 Graphics Artist $85 Landscape Drafter, Asst. Landscape Designer $75 Planning InternClerical $70 $60 Engineering Senior Project Engineer, Design Manager Project Engineer, Design Supervisor, Water Quality Engineer $115 Senior Civil Designer, Design Engineer, Project Coordinator $1 Civil Engineer, CADD Manager $105 QC Specialist $95 Civil Designer $95 Asst. Civil Engineer $85 Design Drafter $80 Drafter $75 Permit Processor, Clerical $70 Junior Technician $65 $55 #1 3 6 a ti4yfF! E,! 1 wf I8nw'! W EI Fms�e a'LLa:LL 1 wr 111 viao a i 111111 (7. PROJECT DESIGN CONSULTANTS INTRODUCTION At Project Design Consultants, we study, plan, survey, design and engineer sustainable master planned communities, commercial and urban infill projects, and the public infrastructure that supports them. HISTORY Project Design Consultants was founded in 1976 with a vision, business plan, and five staff members in a small downtown San Diego office. Today, the firm has grown to more than 200 employees and celebrates nearly three decades of experience applying our knowledge to help clients transform communities for the better. OUR CLIENTS Our clients are leaders in both the private and public sectors throughout the West. We help them anticipate and harness the dynamic forces of change that are inherent in developing land and public infrastructure. STAFF Equipped with the latest technology and resources, our staff consists of civil engineers, planners, urban designers, landscape architects, GIS specialists, surveyors, photogrammetrists, and transportation engineers. OFFICE LOCATION Corporate Headquarters 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 619.234.0349 Fax www.projectdesign.com EXHIBIT D PROFESSIONAL DESIGN SERVICES OFFERED: PLANNING • Regional Planning • Urban Design and Planning • Policy Planning • Permit Processing • Public Agency Support • Redevelopment Planning/Government Coordination • Physical Planning LANDSCAPE ARCHITECTURE • Streetscape, Design/Construction Plans • Park System Master Plan • Park Planning, Design/Construction Plans • Gateway & Entry, Design/Construction Plans • Plaza Planning, Design/Construction Plans • Multi -family Housing Landscape Design • Trail Planning Design Construction Plans • Slope Planting & Irrigation Plans • Fire Control Plans ENVIRONMENTAL • Environmental Documentation/Processing • Constraints/Opportunities Studies • Public Agency Support • Permit Processing ENGINEERING • Land Development Engineering • Urban Engineering • Transportation Planning and Engineering • Water Resources Engineering • Water and Wastewater Engineering • Public Facilities Design • Assessment Engineering • Program Management SURVEY • Cadastral, Boundary and ALTA Surveys • Topographic Surveys • Subdivision Mapping • Condominium Mapping • Digital Mapping Products • Geodetic/Control Surveying • Right -of -Way Engineering • Construction Surveys • Photogrammetry OTHER SERVICES • Geographic Information Systems IGISI • Graphics (3-D modeling, Multi -Media Presentations, Photo Simulations, Computer and Hand Graphics) About Project Design Consultants City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE February 7, 2006 AGENDA ITEM NO. 10 (-ITEM TITLE A resolution approving a t Agreement with Tetra Tech Engineering, Inc. to provide the City with engineering inspection services in the "Not to Exceed" amount of $81,556 for the Highland Avenue Medians Phase I — 8th St. to 16th St. Improvements, Specification No. 05-05, and authorizing the City Engineer to execute the agreement. (Funding for this project is provided by the National City Community Development PREPARED BY Commission.) DEPARTMENT Alberto Griego Engineering 4386 EXPLANATION See attached Environmental Review Financial Statement X N/A This agreement is for a "Not to Exceed" amount of $81,556. Funding is available through Community Development Commission Account Number 900210. MC'¢ount No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A , ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 3. Exhibit "A" proposal for Inspection Services 2. Proposed Supplemental Agreement A-200 (0/80) RE: A resolution approving a Supplemental Agreement with Tetra Tech Engineering, Inc. to provide the City with engineering inspection services in the "Not to Exceed" amount of $81,556 for the Highland Avenue Medians Phase I — 8th St. to 16th St. Improvements, Specification No. 05-05, and authorizing the City Engineer to execute the agreement. (Funding for this project is provided by the National City Community Development Commission.) On September 9, 2004 the City of National City issued a Request for Qualification seeking three Civil Engineering Consultants to perform Civil Engineering Services for the various Capital Improvement Projects. We received statements from eight qualified firms of which Tetra Tech was selected as one of the most qualified by experience and ability to perform the required services. On April 5, 2005 the City Council issued resolution No. 2005-64 authorizing the Mayor 'to execute a multiyear contract with this company. On December 20, 2005, by resolution No. 2005-268, the City Council awarded a contract to Portillo Concrete, Inc. for the Highland Avenue Medians Phase I — 8th St. to 16th St. Improvements, Specification No. 05-05. Staff has considered that Tetra Tech Inc. can provide the inspection services for this project during construction. Recently, Tetra Tech completed the inspection of the National City Street Resurfacing Program FY 03-04, Miscellaneous Concrete Improvements Project and the National City Blvd. 7th to 12th St. Improvements. Tetra Tech is familiar with the City's inspection requirements. The engineering services will include the daily general inspection activities. Based upon the staffs request, Tetra Tech has a proposed plan, outlined in Exhibit "A" of the supplemental agreement, to perform the required services. This scope of work is consistent with the City's inspection needs. The work can be accomplished through a Supplemental Agreement to the existing "As -needed" contract. The final scope of work is attached as part of the Supplemental Agreement that is being presented to the Council for approval. The fee for performing the work per the cost proposal is a "Not to Exceed" amount of $ 81,556. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE AN AGREEMENT WITH TETRA TECH ENGINEERING, INC. TO PROVIDE ENGINEERING INSPECTION SERVICES IN THE NOT TO EXCEED AMOUNT OF $81,556 FOR THE HIGHLAND AVENUE MEDIANS PHASE I, 8TH STREET TO 16TH STREET IMPROVEMENT PROJECT WHEREAS, the City desires to employ a contractor to perform engineering inspection services for the Highland Avenue Medians Phasel, 8th Street to 16th Street Improvement Project; and WHEREAS, the Engineering Department has determined that Tetra Tech Engineering, Inc. is qualified by experience and ability to perform such services for the City, and is willing to perform such services in the not to exceed amount of $81,556; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with Tetra Tech Engineering, Inc. to provide engineering inspection services for the Highland Avenue Medians Phase I, 8th Street to 16th Street Improvement Project. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FOLLOWS: AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TETRA TECH INC. THIS AGREEMENT is entered into this 7th day of February, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Tetra Tech Engineering Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform inspection services for the Highland Avenue Medians Phase I — 8th St. to 16th St. Improvements, Specification No. 05-05. WHEREAS, the CITY has determined that the CONTRACTOR is a firm specializing in inspection work, 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 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 1O% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego, Associate Engineer -Civil, 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 CONTRACTOR. Brad Nguyen, P. E., Project Manager 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 amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. 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. The length of this agreement shall be (180) one hundred and eighty working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Thursday, October 26, 2006 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, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the 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 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. 2 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, arid 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 within the City. 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 3 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. 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. 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 4 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 indemnify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, 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 acts, errors or omissions or other wrongful conduct 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 purchase and maintain throughout the term of this agreement, the following insurance policies: 7] 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 and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. 5 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 appointed 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 ten (10) days if cancellation is for nonpayment of premiums. 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 Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. 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. 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 attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement 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 and the amount of controversy does not exceed $25,000, 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 6 breach thereof that does not exceed $25,000 and 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 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, 7 request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Jim Jaska President Tetra Tech Inc. 10815 Rancho Bernardo Rd. Ste. 200 San Diego, CA 92127 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 td 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. 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. 8 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 following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes, • Exhibit A — Scope of Services and Fee Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this 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 TETRA TECH ENGINEERING INC. (Two signatures required) By: By: Stephen M. Kirkpatrick, (Name) City Engineer APPROVED AS TO FORM: By: (Title) (Name) George H. Eiser, III City Attorney (Title) 10 EXHIBIT "A" 11 TETRATECH, INC. December 16, 2005 Mr. Albert Griego Engineering Department City of National City 1243 National City Boulevard National City, CA 91950 Reference: Proposal forInspection Services for the Highlando. 05-05 Avenue Medians Phase I — 8 to 16th Street Improvements, Spec. Dear Mr. Griego: Tetra Tech, Inc. is pleased to submit our proposal to provide inspection services for the Highland Avenue Medians Phase I Project. Tetra Tech's experience in providing inspection services for municipalities as well as previous experience with the City makes us well qualified for the project. Mr. Brad Nguyen will serve as Project Manager. He is a Registered Civil Engineer, and will be responsible of supervising the inspection services and the adequacy of the background and experience of the inspector. As Construction Inspector, we currently have many qualified candidates for the position. Mr. John Quenga may be available depending on the start date uofi the job and hirs s availprovblityby Tethe City will have the opportunity to select one of many q Tech forthe ajob. Tech has performed previous inspection tasks _s for the City and is familiar inspection with services.s.Tetra the City's inspection requirements and procedures. The following is a detailed Scope of Work that is based upon the City's anticipated need for this project: SCOPE OF WORK ith e City of National The inspection servicesadministration procedures. dures. Tetra Tech shaprovided in ll meece t iththe Citystaff and obtain the construction adrmn P proper forms shall be used documents that need to be used during construction inspection. The p for providing daily reports, payroll log sheets, interviews, etc. 10815 Rancho Bernardo Road, Suite 200, San Diego, CA 92127 Tel 858.673.5505 Fax 858.673.1610 www.tetratech.corn TE 1 TETRA TECH, INC. Mr. Albert Griego City of National City December 16, 2005 Page 2 The major inspection services can be outlined as follows: 1. Daily Construction Inspection shall be required for comprehensive compliance with the contract documents. 2. The Construction Inspector shall attend the pre -construction conference. 3. The construction inspection shall include the preparation of daily reports. The daily reports are to include a listing of the men and equipment on site and the work completed each day. The daily report shall follow the City's standard format. 4. Every Friday the Construction Inspector shall prepare summary report of work completed during the week. This report shall be in sufficient detail to allow comparison to Contractor's weekly submittal of required 15-day look ahead schedule. 5. The Construction Inspector will also assist the City's Project Manager as required to determine percentage of work completed for reconciling progress payments. Daily reports shall include all information necessary to determine quantity of work complete according to categories listed on bid sheet for items other than the construction work items. The work shall be compared against the required submittal of contractor's schedule of values breakdown. The inspector shall review and pre -approved the Contractor's progress estimates based on the completed work in the field prior to submittal of the invoices by the Contractor. The inspector shall complete the payroll employee log sheets based on the listing of the men worked on the job site daily. 6. Attendance at weekly meetings with the Contractor by the Construction Inspector will be required. The meetings will be held on the construction site. City representative will request to have random meetings during the construction period with the City regarding the payrolls and other items on the work progress. 7. The Construction Inspector performing the inspection services shall be under the supervision of a Registered Civil Engineer employed by Tetra Tech. The adequacy of the background and experience of the inspector to perform the inspection services as required will be the responsibility of the Registered Engineer. 8. The inspector will be required to direct project management type issues/inquiries to the City's Project Manager. wit TETRA TECH, INC. Mr. Albert Griego City of National City December 16, 2005 Page 3 FEE ESTIMATE We have attached our hourly fee estimate to complete these services similar to previous inspection services contract with the City. The fee estimate is based on a 180 calendar day construction contract. Tetra Tech will be providing the inspection on the median curbing and paving. The City will have a separate consultant to inspect the landscaping. Therefore, we estimate 800 hours (or 100 working days) for our part of the inspection. We are excited at the prospect of providing these services to the City of National City and look forward to continuing working with you on this most important project. Please contact me at (858) 673-5505 if you have any questions. Sincerely, Brad Nguyen, . Project Manager FEE PROPOSAL CITY OF NATIONAL CITY INSPECTION SERVICES FOR THE HIGHLAND AVENUE MEDIANS PHASE I - 8TH TO 16TH STREET IMPROVEMENTS SPEC. NO. 05-05 PREPARED BY: TETRA TECH, INC. DATE: December 16, 2005 PROJ MGR CONST INSP WORD PROC TOTAL LABOR HOURS TOTAL LABOR COSTS DIRECT COSTS TOTAL COST $150.00 $89.00 $60.00 INSPECTION SERVICES 1 Daily Construction Inspection (100 working days x 8hrs = 800 hrs) 800 800 $71,200 $1,500 $72,700 2 Pre Job Walk and Job Closeout (1 days prejob and 2 days jobcloseout) 16 24 40 $4,536 $4,536 3 RCE Supervision 24 12 36 $4,320 $4,320 SUBTOTAL 40 824 12 876 $80,056 $1,500 $81,556 TOTAL NOT TO EXCEED AMOUNT 881,556 National City Highland Avenue Phase 1 Fee ! 12/162005 City of National City, California COUNCIL AGENDA STATEMENT February 7, 2006 IEETING DATE AGENDA ITEM NO. 11 t ITEM TITLE Resolution authorizing the City Engineer to establish handicap blue curb in front of 1632 Harding Avenue (B. Aceves, TSC Item No. 2006-1). PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering 4394 Mrs. Beulah Aceves is requesting for her parents the installation of a handicap parking space in front of 1632 Harding Avenue. Mrs. Aceves stated in her correspondence, that her father is receiving dialysis and her mother is using a cane because of an operation. In most cases, they have to park away from their home and her parents cannot walk long distances. The Traffic Safety Committee approved the requested handicap spaces at their meeting of January 11, 2006. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Adopt BOARD / COMMI SION RECOMMENDATION The Traffic Safety Committee, at its meeting of January 11, 2006, approved the handicap parking spaces in front of 1632 Harding Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2006-1 A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO BLUE CURB HANDICAP PARKING SPACES IN FRONT OF THE PROPERTY LOCATED AT 1632 HARDING AVENUE (B. Aceves, TSC Item 2006-1) WHEREAS, Beulah Aceves, daughter of Mr. and Mrs. Romero who reside at 1632 Harding Avenue, has requested that two blue curb handicap parking spaces be installed in front of the property to accommodate her parents who are handicapped; and WHEREAS, at its meeting on January 11, 2006, the Traffic Safety Committee approved the installation of two blue curb handicap parking spaces in front of the property located at 1632 Harding Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two blue curb handicap parking spaces in front of the property located at 1632 Harding Avenue. PASSED and ADOPTED this 7th day of February, 2006. Nick lnzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 11, 2006 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1632 HARDING AVENUE (BY: B. ACEVESI PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Mrs. Beulah Aceves is requesting the installation of a handicap parking space in front of her parent's house located at 1632 Harding Avenue. Mrs. Aceves stated in her correspondence, that her father is receiving dialysis and her mother is using a cane because of an operation. City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. Staff has investigated the site and found two off-street parking spaces on his property (see photos). This condition is not met. The Policy requires that all three (3) conditions be met. In this case, 2 conditions are met. STAFF RECOMMENDATION: Staff recommends not installing a handicap parking space since it does not meet the City Council Policy. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2006-1 November 2005 To whom it may concern: I would like to request two handicap parking spaces for my parents. One is for my father who is receving dialysis and my mother is using a cane and just had an operation. My brother and I take care of them and there is no parking in front of their house, in that area there is no parking spaces because at the corner is a business and they parked infront of my parent's house. I have enclosed a copy of their handicap parking placard. My parents are Ramon and Leonor Romero 1632 Harding Avenue National City Tel: 477-7525 The name of their doctor is: Michael Sullivan and the phone no. 692-3977 Thank you Beulah Aceves you d ao 05 rn rrs rri rri -If CO(� b `AWA 0 ch 40ASU 03 SY-C CI L (6 -D c)rri A.QA Qt c ka 40, . JG tratia, orrt4 PaalcAre m- i)YL � � v '� v_ c-c` Li dlot,,J Omo ( arm �Y,,� >Z 9 'PK4c �, ipatc .met% «.-Q) WtQ vvi mod- A Cc k` C. p RCiJYh LR, C7 Authu Yo Pc (1Y-uNvu- sac, `6()-_ cry (te,ry rko- arki 1,12/r YYto0i ( Coo (CY1 "`.t0" , JYYI i ..,21,12/r-InCurt , c .J2m JCL_ . "),yu f pr` °, Prn c2Q z L� efAAck Ast 'n.ey) ,7 ytav i,en y.L_ cv? e ,� 1j ( 3 CA- (C41 cgii, ccCLvi.4.. n pap cam. 4 41406 040)1 C1Y Y'3 YYLL Y C. h 3 \ACci-d CaLL (()1CI) LIB 7- -7 Cj rr-e-4iro , V1 ply ow-0-0 /r 147ra-ArY��'Y' 14- -ukTr(\A u cc-v krawj s Q,x.-a-T-►-r)c T ),n (1/0 - Cruo - 9 )fN'f' Mf11�1iT d.DYJA (.ry, uv.'Wr, o t �j 0 V Y otW Aro`gUvo -ovnr so' c'pw T ei-v-shv tom , \Arr,rTutof \2 /})§ )//\ (\ .C';.' ,B, : g_ o \\ uJ tt \k\ CU §]\ R K N G P b '-7 AR ING .1•••••• ..••••••••• AVF \ 0 .11 m LIiE City of National City, California COUNCIL AGENDA STATEMENT February 7, 2006 ]EETING DATE AGENDA ITEM NO. 12 ITEM TITLE Resolution authorizing the City Engineer to establish red "No Parking" zones adjacent to the driveway at 937 E. 8th Street (E. San Juan, TSC Item No. 2006-3). PREPARED BY EXPLANATION Adam Landa DEPARTMENT Engineering 4394 Mrs. Evelyn San Juan, the owner of 937 E. 8th Street, has requested the installation of a red curb "No Parking" zone adjacent to her driveway on "J" Avenue. According to Ms. San Juan's correspondence, vehicles from the neighborhood are parking into her driveway and are not allowing egress and ingress. Staff investigated the site and agrees with the installation of the red curb. The approximate length will be 3 feet on each side of the driveway. The Traffic Safety Committee approved three feet of red curb on both sides of her driveway, at their meeting on January 11, 2006. Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMION RECOMMENDATION The Traffic Safety Committee, at its meeting of January 11, 2006, approved the three feet of red "No Parking" zone adjacent to the driveway at 937 E. 8th Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2006-3 A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH THREE-FOOT RED CURB NO PARKING ZONES ADJACENT TO THE DRIVEWAY FOR THE PROPERTY LOCATED AT 937 EAST 8TH STREET (E. San Juan, TSC ITEM NO. 2006-3) WHEREAS, Evelyn San Juan, the owner of 937 East 8th Street, has requested the installation of red curb no parking zones adjacent to her driveway, which is located on "J" Avenue, because parked vehicles encroach into her driveway restricting ingress and egress from the property; and WHEREAS, at its meeting on January 11, 2006, the Traffic Safety Committee approved the installation of three-foot red curb no parking zones on both sides of the driveway for the property located at 937 East 8th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish three-foot red curb no parking zones on both sides of the driveway for the property located at 937 East 8th Street. PASSED and ADOPTED this 7th day of February, 2006. Nick lnzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 11, 2006 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 937 E. 8T STREET IBY: E. SAN JUAN) PREPARED BY: Adam J.•Landa, Engineering Department DISCUSSION: Ms. Evelyn San Juan, the owner of 937 E. 8"' Street has requested the installation of a red curb "No Parking" zone adjacent to her "J" Avenue driveway. According to Ms. San Juan correspondence, vehicles from the neighborhood are parking next to her driveway and are not allowing egress and ingress. Staff investigated the site and agrees with the installation of the 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 side of her "J" Avenue driveway located at 937 E. 8th Street. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2006-3 12-17-2005 Dear engineering Department I like to request red line on my driveway in the side walk on J Street. 937 east 8`h street National City, Ca. 91950. I'm requesting this because Somebody blocking my driveway. Sincerely Mrs,San Juan tuLNAvA rrrl -r : �, rnr o Clrn rrl A a� o ' J • 8th 7th STREET LOCATIO\ VIAP STR„ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 AGENDA ITEM NO. 13 ITEM TITLE Resolution approving a Tentative Subdivision Map and Conditional Use Permit to Convert Nine Apartments into Condominium Units for Individual Sale at 603-609 E. 19th Street. (Applicant: CondoConversons.com) Case File No. S-2005-3/CUP-2005-4 PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the January 17, 2006 public hearing. The attached resolution is needed to follow through on the action. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. FP BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT TO CONVERT 9 APARTMENTS INTO CONDOMINIUM UNITS FOR INDIVIDUAL SALE AT 603-609 EAST 19TH STREET. APPLICANT: CONDOCONVERSION.COM CASE FILE NO. S-2005-3/CUP-2005-4 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 East 19th Street on property generally described as: Lots 5, 6, 7, 8, 9, and 10 in Block 3 of Subdivision by W. S. Bullis, Map 201 filed in the Office of the County Recorder of San Diego County May 21, 1881, together with vacated street adjacent ("F" Avenue). WHEREAS, the Planning Commission considered said application at a public hearing held on November 7, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application, and at public hearings held on December 6, 2005 and January 17, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2005-3/CUP-2005-4, which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council that it hereby approves the Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 East 19th Street, based on the following findings: 1. The proposed Tentative Map is consistent with the National City General Plan and applicable specific plans, since the project will create 9 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. Resolution No. 2006 — February 7, 2006 Page 2 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposedlrequired improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 7. The discharge of sewerage waste from the subdivision into National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. ADDITIONAL RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing units will create 9 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the planned Renovation Program and each unit interior will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. , That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. Resolution No. 2006 — February 7, 2006 Page 3 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 no additional traffic will be generated, since the project consists solely of a change of ownership and repair and renovation of existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. Conditions requiring the new owners to maintain the property have been included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 9 new homeownership opportunities that should be attractive to first time homebuyers will allow for mobility in the housing market,. and since the increased rate of homeownership may translate into an improved property appearance. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit to convert 9 apartments into condominium units for individual sale at 603-609 East 19`h Street, is hereby approved subject to the following conditions: 1. This Tentatie Map and Conditional Use Permit authorize the conversion of the property at 603 East 19thStreet, including 9 residential units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, B, C, and D, Case File No. S-2005-03 / CUP 2005-04, dated June 24, 2005 and September 12, 2005, respectively. 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 landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All of the recommendations of the Property Condition Assessment shall be implemented prior to release of any unit for sale. Such improvements include the replacement of the roof, as need, exterior painting of the building, replacement of windows, enhanced landscaping, replacement of balcony railing, repair balcony deck, addition of a barbeque area and bench seating in the common area. The interior improvements include painting the interior of the units, replace flooring, replace or refinish cabinets, replace plumbing fixtures, lighting and other fixtures, provide new kitchen countertops where necessary and install new kitchen appliances. 4. All of the recommendations of the Property Condition Assessment including the eradication of the subterranean and dry wood termites, fungus -dry rot, abate the mildew and mold shall be implemented prior to release of any unit for sale. Resolution No. 2006 — February 7, 2006 Page 4 5. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey, subject to review and approval by the City Attorney, to ensure that the improvements for the project site are completed. 6. The Covenants, Conditions and Restrictions (CC&R's) shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such maintenance. The City Attomey shall approve the form of the language contained in such clause. 7. The developer shall provide a declaration of Covenants, Conditions and Restrictions (CC&R's), running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, surface parking areas, and open spaces prior to approval of the Final Map. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. The gas water heater for unit number 605 shall be replaced. 9. The project shall comply with the Crime -free Multi -Housing criteria and Crime Prevention through Environmental Design (CPTED) standards. 10. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 11. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 12. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 13. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. Show filtering system for the parking lot. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. A private storm water filter treatment maintenance agreement shall be signed and recorded. 14. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of Resolution No. 2006 — February 7, 2006 Page 5 the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 15. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 16. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 17. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for map plan, checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours and consultant services. 18. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 19. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 20. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. There is one pole and one service pole that would be underground at this location. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Resolution No. 2006 — February 7, 2006 Page 6 23. Exterior walls of buildings/freestanding fences/retaining walls to a height of not less than 6- feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 24. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 25. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. 26. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m., or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 27. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. Resolution No. 2006 — February 7, 2006 Page 7 PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 AGENDA ITEM NO. 14 (11-EM TITLE Resolution approving a Tentative Subdivision Map and Conditional Use Permit for the Proposed Conversion of 36 Apartment Units (Le National) to Condominiums at 1306 E. 18th Street. Applicant: Westone Management Consultants. Case File No. S-2003-06/CUP-2003-25) PREPARED BY Mary Jo Wilson, 336-43 0 4 • EPARTMENT Planning Principal Planner EXPLANATION The City Council voted to approve this item at the January 17, 2006 public hearing. The attached resolution is needed to follow through on the action. At the hearing, Council added condition number 25 relating to tenant relocation costs. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Ketj Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE PROPOSED CONVERSION OF 36 APARTMENT UNITS (LE NATIONAL) TO CONDOMINIUMS AT 1306 EAST 18 " STREET APPLICANT: WESTONE MANAGEMENT CONSULTING CASE FILE NOS. S-2003-06/CUP-2003-25 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 East 18th Street on property generally described as: All that portion of the westerly half of the northeasterly Quarter of the southwesterly Quarter of 40 acre Lot 1 in Quarter Section 133 of the Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 on file in the Office of. the Recorder of said San Diego County. WHEREAS, the Planning Commission considered said application at public hearings held on November 7, 2005, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application, and at a public hearing held on December 6, 2005 and January 17, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2003-06 and CUP-2003-25, which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves the Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 East 18th Street, based on the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will use high quality materials and create 36 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change Resolution No. 2006 — February 7, 2006 Page 2 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services are currently being provided and will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on -site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. 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 no additional traffic will be generated and the project consists solely of a change of ownership with repairs and renovation of the existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. Resolution No. 2006 — February 7, 2006 Page 3 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 36 new homeownership opportunities should be attractive to homeownership. first time homebuyers, will allow for mobility in the housing market and an increased rate of FINDINGS FOR CONDOMINIUM CONVERSION PROJECTS 2. Plans and reports submitted by the applicant, along with conditions of approval, indicate that all necessary upgrading will be completed prior to the sale of any of the units, since all of the common area improvements as well as the individual units will be renovated before such unit(s) is sold as will be specified in a Lien Contract and Agreement not to Convey. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for the proposed conversion of 36 apartment units (Le National) to condominiums at 1306 East 18`h Street, is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorize the conversion of the property at 1306 East 8th Street, including 36 residential apartment units, into condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the•project shall conform with Exhibit A, Case File No. S 2003-06 / CUP 2003-25, November 3, 2005. 1. The proposal is consistent with Housing Element goals and objectives, since the conversion of the existing apartment complex will create 36 additional opportunities for homeownership, which will likely be available to persons of a moderate -income level. 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 landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All of the recommendations of the Property Condition Assessment Report and the Pest Control Report shall be implemented prior to release of any unit for sale including, but not limited to the: interior painting including the ceiling, new kitchen, new appliance, new interior doors, new window coverings, new carpet and floor tile, new bathroom, new lighting, new door hardware and baseboard and crown molding as well as new hot water heaters. The areas of the buildings that were determined by Pest Control Report to have drywood termites shall be eradicated. The units shall also be equipped with smoke detectors. The building shall be repaired as necessary, including the painting of exterior buildings, replacement of the exterior patio, new perimeter fencing and repair to the trash enclosure. The entire asphalt paved driveway and parking lot shall be repaired, seal - coated and re -striped. 4. The individual garage doors shall be repaired or replaced. Resolution No. 2006 — February 7, 2006 Page 4 5. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey to ensure the improvement for the project site are complete and shall be subject to review and approval by the City Attorney. 6. The Covenants, Conditions and Restrictions (CC&R's) shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and, when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such maintenance. The City Attorney shall approve the form of the language contained in such clause. 7. The developer shall provide a declaration of Covenants, Conditions and Restrictions (CC&R's), running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, surface parking areas, and open spaces prior to approval of the Final Map. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. 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. Prior to the units being sold, the building must be inspected by the City Housing Inspector and all code violations must be corrected. 9. Street improvements shall be in accordance with City Standards. All missing street improvements (110-feet of gutter) shall be constructed. In addition, the deteriorated portions of the existing street improvements (5-feet of curb) along the property frontage shall be removed and replaced. 10. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 11. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. 12. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 13. All new property line survey monuments shall be set on private property, unless otherwise approved. Resolution No. 2006 — February 7, 2006 Page 5 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 15. A Title Report shall be submitted to the Engineering Department for the review of all existing easements and the ownership at the property. 16. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. A deposit for Final Map review is required and is subject to adjustment according to the actual hours worked and consultant services. 17. The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a. true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to the existing horizontal control stations shall be shown. 18. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 19. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 20. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 21. Approval of the Tentative Subdivision Map expires two (2) years after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. Resolution No. 2006 — February 7, 2006 Page 6 22. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:30 p.m. or one year after recordation of the Final Map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 23. Exterior walls of buildings/freestanding fences/retaining walls to a height of not Tess than 6- feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 24. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 25. Prior to the issuance of Building Permits for the rehabilitation of the units and the tenant occupying the unit is a tenant in good standing, the developer shall give the last 30 days free rent. Further, the developer shall refund 100% of the rental deposit back at the beginning of the 30 day free rent period to further enable the tenant to find suitable accommodation. All units occupied by a person on the lease age 55 or greater shall receive 30 days free rent, their rental deposit returned at the start of the free rent and a cash payment equal to 60 days rent. This relocation assistance is in addition to any such payment required by the California Subdivision Map Act. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. --- Signature Page to Follow --- Resolution No. 2006 — February 7, 2006 Page 7 PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMEN"I MEETING DATE 02/07/06 AGEIti CH. f't'kal.>n N 15 ITEM TITLE Resolution of the City Council of the City of National City Continuing Appropriations from the Fiscal Year 2004-2005 Budget into the 2005-2006 Fiscal Year Budget PREPARED BY Bill Yeomans Interim Finance`ector EXPLANATION DEPARTMENT Finance x 4331 At the end of each fiscal year on June 30, all budgets expire except legal contracts and obligations unless the City Council takes further action. In particular, Capital Projects and Funded Grants Budgets must be carried over into the new fiscal year. An analysis by departments managers and finance staff of remaining budget balances has led to the preparation of a list of recommended continuing appropriations. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Approve and file BOARD / COMMISSION RECOMMENDATION N/A y. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Continuing Appropriations List A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONTINUING APPROPRIATIONS FROM THE FISCAL YEAR 2004-2005 BUDGET INTO THE 2005-2006 FISCAL YEAR BUDGET WHEREAS, certain grants and capital improvements were included in the fiscal year 2004-2005 budget; and WHEREAS, those projects were not completed or under contract at the end of the fiscal year on June 30, 2005; and WHEREAS, the budgets for those projects would expire if the appropriations were not continued. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the appropriations remaining in those projects on June 30, 2005, not to exceed the amount in Exhibit A, be continued into the fiscal year beginning July 1, 2005. PASSED and ADOPTED this 7`h day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Exhibit A Department POLICE LIBRARY FIRE BUILDING COMMUNITY SERVICES ENGINEERING CONTINUING APPROPRIATIONS June 30, 2005 Description LETPP LETPP SLESF 04/05 SLESF 04/05 LLEBG 04/05 LLEBG 04/05 LLEBG 03/04 LLEBG 03/04 OTS -- TEAM OTS - TEAM OTS - TEAM Library Capital Outlay State Public Library Fund Library School District Contract NC Public Library Donations WINGS WOW Mobile Grant Prime Time Family Reading Time AmeriCorps CNCS Year II Grant LETPP -- DHS USAI SD OHS Firefighting Apparatus Lease Interest Lead Based Paint Hazard Code Enforcement Grant Recreation Supplies Recreation Activities Materials Sweetwater Channel Maintenance Replace PW Hazard Mat Tanks PW Yard Site Invest. & Closure 50/50 Alley Improvements NPDES Storm Water Permit Program Paradise Valley Road Improvements Resurfacing of Various Streets Slurry Seal /Street Maintenance Program Reinstallation of Street Lights Pavement Mgmt. System Update Concrete Improv. Gutter, & Sidewalk Sweetwater Road Improvements Speed Surveying /Traffic Monitoring Upgrade Traffic Signals Traffic Signal Traffic Signal Installation Miscellaneous Storm Drain Work ENGINEERING Sewer (Storm Drain Master Plan) Emergency Stand-by Generator Conn.to Valencia Park Sewer Trunk Maintenance Account 282 282 208 208 257 131 255 131 204 204 204 108 154 171 277 246 222 279 280 411 411 411 411 411 411 411 411 411 411 411 0 502 0 355 405 502 405 355 0 355 0 355 0 355 0 355 0 230 0 258 0 355 282 412 125 355 1 412 125 519 254 413 256 413 253 441 253 441 1 1 1 1 1 103 109 109 109 109 109 109 109 109 109 109 109 125 125 125 409 409 409 409 409 409 409 409 409 409 409 409 409 409 409 409 409 409 409 409 311 399 500 598 1121 500 598 1364 500 598 1565 500 598 6031 500 598 7056 500 598 6149 500 598 6035 500 598 6102 500 598 6135 500 598 6136 500 598 6137 500 598 6161 500 598 6557 500 598 6558 500 598 6559 500 598 6560 500 598 7062 500 598 2014 500 598 2019 500 598 2020 Amount $ 16,201 5,269 89,000 11,000 2,267 549 3,086 542 1,850 1,726 11 235,419 58,933 9,159 31,024 145,444 2,858 7,656 275,086 55,966 6,500 1,451,440 241,517 4,410 407 89,697 9,317 3,879 41,190 28,299 1,014,945 159,416 138,124 125,084 26,210 61,361 1,110 67,000 35,163 5,072 2,053 109,763 2,232,207 32,688 480,000 P1 CONTINUING APPROPRIATIONS June 30, 2005 Department Description Account Amount Sewer Pump Station Alarm Replacement 125 409 500 598 2021 30,939 Mobil Data Computing 157 409 500 598 8009 9,860 Computer Aided Disp/Rec Mgmt 157 409 500 598 8010 18,416 Basement Refurbishing 189 409 500 598 1569 5,905 Phase 6 - 2nd Floor Remodel-Citv Hall 189 409 500 598 1579 307,679 Civic Center Signing Program 189 409 500 598 1580 88,755 Security Card Access System 189 409 500 598 8032 5,904 Comm. Conf. Room AudioNisual 189 409 500 598 8036 50,000 Replace Backflow Preventers CC & PD 196 409 500 598 1149 1,200 Replace Shower Valves-PD 196 409 500 598 1158 4,106 Replace Restroom Flushometer 196 409 500 598 1159 3,000 Civic Center Emergency Generator 196 409 500 598 1397 85,000 PW Yard Site Invest. & Closure 196 409 500 598 1565 7,000 Replace PW Fuel Tanks 196 409 500 598 1587 7,579 Exxon -Mobile Playground Equip. 196 409 500 598 4121 7,259 Alley Improvements 196 409 500 598 6152 5,921 Paint Traffic Signal Poles 196 409 500 598 6571 9,000 Public Works Fuel Management System 196 409 500 598 8024 20,000 Mobil Data Computing 220 409 500 598 8009 17,053 New National City Library 241 409 500 598 1583 853,16,8 New National City Library 242 409 500 598 1583 475,575 New Fire Station Construction 250 409 500 598 1588 431,903 Phase 7 - Garden Level Remodel 303 409 500 598 1400 150,000 Library Building Project 303 409 500 598 1545 5,480 Misc. Facility Improvements 303 409 500 598 1585 5,219 Soccer Field Development 303 409 500 598 4104 75,000 Civic Center Beautification - Phase 1 303 409 500 598 4115 122,474 Replace Drinking Fountains in Parks 304 409 500 598 4010 8,002 Replace Las Palmas Pool Filters 304 409 500 598 4078 30,000 Replace Electrical Cabinet --El Toyon 304 409 500 598 4111 1,660 Replace Lawn Genie w/ Riding Mower 304 409 500 598 4120 29,000 Tennis Court Conversion to Basketball 304 409 500 598 4122 169 ENGINEERING N Avenue ROW / Construction 307 409 500 598 6001 31,624 N Avenue 8th Street to Plaza Boulevard 307 409 500 598 6033 331,730 Resurfacing of Various Streets 307 409 500 598 6035 1,183,742 Upgrade Traffic Signals 307 409 500 598 6558 114,651 Plaza Boulevard Widening 307 409 500 598 6569 254,000 Speed Surveying /Traffic Monitoring 312 409 500 598 6557 8,663 Paradise Creek Education Park 348 409 500 598 4113 553,059 Security Card Access System 629 409 500 598 8032 212,077 Card Access System for City Hall 630 409 500 598 8011 6,341 Fire Dept. Data Mgmt. Software 630 409 500 598 8015 31,000 Civic Center Fire and Security Alarm 630 409 500 598 8016 6,261 Voice/Data Fiber to 8th Street 630 409 500 598 8022 30,000 Public Works Fuel Management System 630 409 500 598 8024 5,000 Automated Agenda Management System 630 409 500 598 8025 40,000 GIS Need Analysis Development 630 409 500 598 8026 40,000 Fire Suppression System 630 409 500 598 8028 40,000 Conf. Room Audio / Visual Equipment 630 409 500 598 8029 45,000 Supp. Funding Audio/ Visual Equipment 630 409 500 598 8031 150,000 Internet Access / E-Mail Intranet 631 409 500 598 8017 2,803 P2 CONTINUING APPROPRIATIONS June 30, 2005 Department Description Account Amount Network/Community Infrastructure 631 409 500 598 8018 1,693 Unified Messaging & Call Management 631 409 500 598 8027 16,816 Phase 7 — Garden Level Remodel 189 409 500 598 1400 935,572 Las Palmas Municipal Pool Renovation 244 409 500 598 4097 157,445 Las Palmas Municipal Pool Renovation 243 409 500 598 4097 256,500 Las Palmas Municipal Pool Renovation 303 409 500 598 4097 273,290 Upgrade Fuel Tanks PD and PW Yard 196 409 500 598 1156 156,086 Civic Center Seismic Upgrade 189 409 500 598 1575 1,022,057 Electric Meter Box 1 409 500 598 6150 16,940 Upgrade Mag Starter -Civic Center 189 409 500 598 1160 15,000 Install Light Switches Various City Bldgs 196 409 500 598 1153 15,000 Conversion to Energy Efficient System 196 409 500 598 1404 6,764 Electric Meter Box Conversion —Highland 196 409 500 598 6150 35,500 Pool Boiler Replacement 196 409 501 598 1585 50,000 PW Yard Asphalt resurfacing 303 409 500 598 1406 70,000 Misc. Park Bathroom Fixture Replacement 304 409 500 598 4011 13,895 Hardwire Alarms —Various Park Buildings 304 409 500 598 ; 4074 6,000 Install ADA Compliant Drinking Fountain 304 409 500 598 4109 1,690 Highland Avenue Resurfacing 307 409 500 598 6157 84,034 Reinstallation of Street Lights 109 409 500 598 6153 6,582 TOTAL $ 16,418,934 P3 CONTINUING APPROPRIATIONS June 30, 2005 Department Description Account Amount BY FUND Fund # Appropriation General 1 195,822 General Capital Outlay 103 1,014,945 Library Capital Outlay 108 235,419 Gax Tax 109 736,936 Sewer 125 2,775,833 Asset Forfeiture 131 1,090 State Public Library 154 58,933 Supplemental Law Enforcement (SLESF) 157 28,276 Library School District Contract 171 9,159 Civic Center Refurbishing 189 2,430,872 Capital Project Reserve 196 413,415 Traffic Equipment for All 204 3,586 SLESF 208 100,000 Local Law Enforcement (LLEBG) 2001 220 17,053 WOW Mobile 2001 222 2,858 NC Library - State Grant 241 853,168 NC Library - City Matching 242 475,575 Per Capita Grant - Recreation 243 256,500 RZH State Recreation 244 157,445 Wings Grant 246 145,444 Fire Station Construction 250 431,903 Recreational Activities 253 4,817 Lead Paint Hazard Reduction 254 1,451,440 Local Law Enforcement (LLEBG) 2004 255 3,086 Code Enforcement Grant 256 241,517 Local Law Enforcement (LLEBG) 2005 257 2,267 Library Donations 277 31,024 Prime Time Family Reading 279 7,656 Americorp II 280 275,086 Reimbursable Grants 282 77,436 Capital Facilities 303 701,463 Park Development 304 90,415 Proposition A Streets 307 1,999,782 STP Transnet Highway 312 8,663 State Grant 348 , 553,059 Information Systems Maintenance 629 212,077 Office Equipment 630 393,602 Telecommunications 631 21,312 16,418,934 P4 City of National City, California COUNCIL AGENDA STATEMENT dIEETING DATE 02/07/06 AGENDA. ITT M NO, 16 (--ITEM TITLE Cash and Investment Quarterly Reports for 3rd Qu arter Ending 9/30/05 and 4th Quarter Ending 12/30/05 PREPARED BY Bill Yeomans Interim Finance Dir EXPLANATION DEPARTMENT Finance x 4330 For the City Council's information and in compliance with the City's Investment Policy, the Cash and Investment Quarterly Reports for 3rd Quarter Ending 9/30/05 and 4th Quarter Ending 12/30/05 is hereby submitted. These reports reflect the components of the Investment Program for the periods then ended. The Investment Portfolio provides for sufficient liquidity to meet the quarters estimated expenditures. Environmental Review Financial Statement Not applicable STAFF RECOMMENDATION N/A Staff recommends the report be accepted and filed. BOARD / COMMISSION RECOMME ATION Concur: City Treasurer +- ATTACHMENTS ( Listed Below ) 1. Investments by Type-3rd Quarter Ending 9/30/05 and 4th Quarter Ending 12/31/05 2. Investment Earnings-3rd Quarter and 4th Quarter 3. Cash Balances by Fund-9/30/05 and 12/31/05 A-200 (9/80) Local Agency Investment Fund CalTrust US Government Agencies Pass Through Securities Certificates of Deposit Negotiable CDs INVESTMENTS BY TYPE DECEMBER 31, 2005 Par Value Market Value 21,875,155.92 21,821,826.02 2,024,417.75 2,022,393.33 5,200,000.00 5,127,195.00 7,548.79 7,742.91 5,639,000.00 5,639,080.02 95,000.00 94,954.40 Book Value 21, 875,155.92 2,024,417.75 5,196, 540.63 7,867.35 5,639,000.00 95, 000.00 % of Portfolio 62.79% 5.81% 14.92% 0.02% 16.19% 0.27% TOTAL 34,841,122.46 34,713,191.68 34,837,981.65 100.00% Days to Maturity 192 394 1,040 1,819 212 484 335 Yield to Maturity (360 days) 3.05% 4.40% 3.29% 7.61% 3.48% 4.83% 3.24% Local Agency Investment Fund CalTrust Sympro Report INVESTMENT EARNINGS OCTOBER 1, 2005 TO DECEMBER 31, 2005 Capital Gain Interest Earnings 198,407.40 19,710.02 96,608.76 Quarterly Average Balance Return 21,695,883.07 2,012,208.88 11,005,407.98 0.00 314,726.18 34,713,499.92 3.630% 3.886% 3.483% 3.597% Investments Certificates of Deposit - Monthly Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments City of National City Portfolio Management Portfolio Summary December 31, 2005 Par Market Value Value 5,639,000.00 95,000.00 5,200,000.00 7,548.79 5,639,080.02 94,954,40 5,127,195.00 7,742.91 10, 941, 548.79 10, 868, 972.33 Book %of City oft Aal City YTM/C YTM/C Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 5,639,000.00 51.55 719 212 3.477 3.525 95,000.00 0.87 1,826 484 4.833 4.900 5,196,540.63 47.51 1,711 1,040 3.285 3.331 7,867.35 0.07 4,595 1,819 7.605 7.711 Days to 10,938,407.98 100.00% 1,202 609 3.401 3.448 Total Earnings Current Year Average Daily Balance Effective Rate of Return December 31 Month Ending Fiscal Year To Date Director of ance Reporting period 12/01/2005-12/31/2005 FtaCDate: 01/21/2006 - 1619 32,508.02 10,938,407.98 3.50% /- 2 225,699.03 11,569,439.44 3.87% Portfolio CNC CC PM (PHF_PM1) SymRept 6.41.202b Report Ver. 5.00 City of National City -0 Portfolio Management Portfolio Details - Investments December 31, 2005 CUSIP Page 2 Average Purchase Stated YTM/C Days to Maturity Investment 11 Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS10988 10988 Advanta Bank Corp 08/30/2004 99,000.00 99,000.00 99,000.00 3.350 209 3.350 241 08/30/2006 SYS10958 10958 American Home Bank 04/22/2004 99,000.00 99,000.00 99,000.00 2.930 208 2.930 113 04/24/2006 SY510957 10957 American Bank 04/26/2004 99,000.00 99,000.00 99,000.00 2.700 2.700 115 04/26/2006 SYS10989 10989 Bloomfield State Bank 08/10/2004 99,000.00 99,000.00 99,000.00 3.510 204 3.510 221 08/10/2006 8Y510923 10923 Brand Banking Company 01/23/2004 99,000.00 99,000.00 99,000.00 2.655 255 2.655 20 01/21/2006 SYS10970 10970 Busey Bank of Florida 05/20/2004 99,000.00 99,000.00 99,000.00 3.110 141 3.110 139 05/20/2006 SYS10959 10959 Business Bank of Fox River Vly 04/23/2004 99,000.00 99,000.00 99,000.00 2.750 174 2.750 113 04/24/2006 SYS11037 11037 Capital Bank & Trust Co. 09/12/2005 99,000.00 99,000.00 99,000.00 4.350 124 4.350 254 09/12/2006 SYS10981 10981 Capital One Bank 07/09/2004 100,000.00 100,000.00 100,000.00 3.340 300 3.340 189 07/09/2006 SYS10967 10967 Capitol City Bank & Trust 05/10/2004 99,000.00 99,000.00 99,000.00 2.800 232 2.800 129 05/10/2006 SYS10982 10982 Capital One FSB 07/09/2004 100,000.00 100,000.00 100,000.00 3.300 300 3.300 189 07/09/2006 SYS11040 11040 Carolina Trust Bank 10/01/2005 99,000.00 99,000.00 99,000.00 4.500 104 4.500 273 10/01/2006 SYS10960 10960 Centennial Bank of the West 04/30/2004 99,000.00 99,000.00 99,000.00 2.750 161 2.750 120 05/01/2006 SYS10937 10937 First Capital Bank 02/13/2004 99,000.00 99,000.00 99,000.00 2.720 93 2.720 43 02/13/2006 177707ACO 10702 City Bank 05/15/2002 95,000.00 94,948.70 95,000.00 4.900 167 4.900 499 05/15/2007 SYS11042 11042 Citizens Natl. Bank of Quitman 10/06/2005 99,000.00 99,000.00 99,000.00 4.400 237 4.400 278 10/06/2006 SYS10991 10991 Community Commerce Bank 08/24/2004 99,000.00 99,00000 99,000.00 3.400 295 3.400 235 08/24/2006 SYS10976 10976 Commercial Savings Bank 06/29/2004 99,000.00 99,000.00 99,000.00 3.300 114 3.300 179 06/29/2006 SYS11039 11039 Commerce First Bank 09/17/2005 99,000.00 99,000.00 99,000.00 4.500 108 4.500 258 09/16/2006 SYS10990 10990 First Commercial Bk of Florida 08/10/2004 99,000,00 99,000.00 99,000.00 3.450 170 3.450 190 07/10/2006 SYS10925 . 10925 First Cherokee State Bank 01/26/2004 99,000.00 - 99,000.00 99,000.00 2.800 124 2.800 25 01/26/2006 SYS11018 11018 First Enterprise Bank, West Br 02/18/2005 99,000.00 99,000.00 99,000.00 3.750 25 3.750 413 02/18/2007 SYS10983 10983 First Western Bank 07/09/2004 99,000.00 99,000.00 99,000.00 3.300 244 3.300 190 07/10/2006 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,240.57 99,000.00 5.150 182 5.150 268 09/26/2006 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 94,890.75 95,000.00 4.850 218 4.850 499 05/15/2007 SYS10980 10980 Garden City Stale Bank 07/01/2004 99,000.00 99,000.00 99,000.00 3.660 193 3.660 183 07/03/2006 SYS11033 11033 Georgian Bank 07/11/2005 99,000.00 99,000.00 99,000.00 4.200 200 4.200 556 07/11/2007 SYS10969 10969 Greatbank Algonquin 05/10/2004 99,000.00 99,000.00 99,000.00 2.900 208 2.900 129 05/10/2006 SYS10924 10924 Guernsey Bank 01/23/2004 99,000.00 99,000.00 99,000.00 2.650 110 2.650 22 01/23/2006 SYS10975 10975 Heritage Bank of Ashland 06/24/2004 99,000.00 99,000.00 99,000.00 3.250 111 3.250 176 06/26/2006 SYS10936 10936 Heritage Community Bank 02/05/2004 99,000.00 99,000.00 99,000.00 2.750 155 2.750 35 02/05/2006 SYS10986 10986 Home Federal Bank of Hollywood 07/23/2004 99,000.00 99,000.00 99,000.00 3.200 266 3.200 204 07/24/2006 SYS11023 11023 International Bank of Chicago 05/16/2005 99,000.00 99,000.00 99,000.00 4.500 274 4.500 500 05/16/2007 SYS10953 10953 Islands Community Bank, N.A. 04/30/2004 99,000.00 99,000.00 99,000.00 2.760 138 2.760 120 05/01/2006 SYS10927 10927 Jacksonville Bank 01/07/2004 99,000.00 99,000.00 99,000.00 2.860 124 2.860 6 01/07/2006 SYS11043 11043 Lake Country State Bank 10/03/2005 99,000.00 99,000.00 99,000.00 4.550 180 4.550 275 10/03/2006 SYS10993 10993 Legacy Bank of Harrisburg 08/31/2004 99,000.00 99,000.00 99,000.00 3.401 107 3.401 242 08/31/2006 Portfolio CNC CC Run Date 01/21,2006 - 16:19 PM (PRF_PM2) SymRept 6.41.2026 /er. 5.00 Negotiable/Transferable CDs 458657EV1 10688 Intercredit Bank Subtotal and Average Federal Agency Securities 3128X1 DQ7C 10842 Federal Horne Loan Bank 31339XTQ7C 10849 Federal Home Loan Bank 31339Y6G2C 10856 Federal Home Loan Bank 31339YFN7C 10857 Federal Home Loan Bank 31339YPB2C 10858 Federal Home Loan Bank 31339XQN7 10863 Federal Home Loan Bank 31339XON7 10867 Federal Home Loan Bank 31339Y6G2 10868 Federal Home Loan Bank 31339YYD8C 10872 Federal Home Loan Bank 31339YVS8C 10873 - Federal Home Loan Bank Run-Et}te: 01/21 /2006 - 16:19 Q City of Nat1.,,1a1 City Portfolio Management Portfolio Details - Investments December 31, 2005 Average Purchase Page 3 CUSIP Investment k Issuer Balance - Certificates of Deposit -Monthly Date Par Value - Market Value StatedteYTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date SYS11019 11019. Lowcountry National Bank SYS11044 11044 Millenium State Bank of Texas 02/28/2005 99,000.00 SYS11044 10/13/2005 99,000.00 99,000.00 3.750 11034 Mutual Bank 99,000.00 99,000.00 207 3.750 423 02/28/2007 SYS10928 10928 07/05/2005 9900000 99,000.00 4.600 213 4.600 285 10/13/2006 SYS11016 Network Bank 01l21/2004 99,000.00 99,000.00 4,350 10928016 Omni National Bank 99,000.00 99 000 197 4.350 550 07/05/2007 SYS11022 11022 01/20/2005 99,000.00 99,000.00 2.700 247 2.700 19 01/20/2006 Pioneer Bank 99,000.00 99,000.00 3.250 158 3.250 200 07/20/2006 SYS11046 11046 Premier Bank of Wilmette 05/05/2005 99,000.00 SYS11046 11/25/2005 99,000.00 99,000.00 4.850 11005, Peoples State Bank 99,000.00 99,000.00 238 4.200 491 05/07/2007 SYS10984 10984 09/14/2004 99,000.00 99,000.00 4.850 235 4.850 330 11/27/2006 SYS10939 Security Bank 99,000.00 99,000.00 3.400 137 3.400 255 09/13/2006 10939 Southern Bank • 07/12/2004 99,000.00 SYS10968 02/04/2004 99,000.00 99,000.00 3.500 10968 Sovereign Bank 99,000.00 99,000.00 247 3.500 192 07/12/2006 SYS 10943 10943 05/10/2004 100,000.00 99,000.00 2.750 165 2.750 34 02/04/2006 SYS10946 State Farm Financial Svcs, FSB100,000.00 100,000.00 2.930 209 2.930 129 05/10/2006 10946 Key Bank(Sterling Bank &Trust 03/08/2004 100,000.00 SYS1094601/25/2004 100,000.00 100,000.00 2.810 11017 Stockmans Bank 99,000.00 99 000t)0 103 2.810 64 03/06/2006 SYS11047 11047 02/14/2005 99,000.00 99,000.00 2.230 141 2.230 23 01/24/2006 SYS10992 Trinity Bank 99,000.00 99,000.00 3.950 10992 Union Bk. of Gilbert, AZ .11/25/2005 99,000.00 94 3.950 409 02/14/2007 SYS10992 08/30/2004 99,000.00 99,000.00 4.800 11024 Union Credit Bank 99,000.00 99,000.00 108 4.800 330 11l27/2006 SYS10985 10985 06/20/2005 99,000.00 99,000.00 3.400 192 3.400 239 08/28/2006 SYS10926 Union National Bank of Elgin 99,o00.00 99,000.00 4.100 242 4.1005170 06/20/2006 10926 Washington State Bank 07l18/2004 99,000.00 SYS10921 01/27/2004 99,000.00 99,pp0,00 3.500 11021 West Pointe Bank 99,000.00 99,000.00 275 3.500 199 07/19/2006 04/11/2005 99,000.00 99,000.00 2.850 96 2.850. 26 01/27/2006 Subtotal and Average 5,639,000.00 -'- -- � - 5 99��0 � 3.900 231 3.900 100 04/11/2006 5,639,000.00 5,639,080.02 5,639,000.00 3.525 212 04/30/2002 95,000.00 94,954.40 95,000.00 4.900 128 4.900 484 04/30/2007 95,000.00 -'-'- -- 95,000.00 94,954.40 95,000.00 4.900 484 05/28/2003 100,000.00 05/28/2003 98,431.00 100,000.00 3.500 100,000.00 97,928.00 AAA 2.650 906/30/2008 07/17/2003 100,000.00 100,000.00 3.000 AAA 2.650 911 17 06/30/2008 07/24/2003 97,947.00 99,937.50 3.000 100,000.00 98,111.00 AAA 2.713 935 07//2008 07/30/2003 100,000.00 99,750.00 3.250 AAA 2.904 935 07/2424/2008 07/3/2003 98,425.00 100,000.00 3.500 AAA 3.200 941 07/30/2008 100,000.00 97,500.00 100,000.00 3.000 AAA 2.700 913 07/02/2008 07/02/2003 100,000.00 07/17/2003 97,500.00 100,000.00 3.000 100,000.00 98,188.0p AAA 2.700 913 07/7/2008 08/13/2003 100,000.00 t00,000.Op 3.000 AAA 2.700 928 07/17/2008 08/13/2003 98,130.00 100,000.00 3.500 100,000.00 97,973.00 AAA 3.000 956 08/13/2008 100,000.00 3.250 AAA 3.000 956 08/14l2008 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b 0) CUSIP Investment # Federal Agency Securities 3133X0AE9C 3133XODE6 3133X0AE9 31339YYD8 3133X0789 3133X1LS4C 3133X1 L39C 3133X24X0C 3133X23C7 3133X2JS5C 3133X3C84C 3133X3RF2 3133X3MG5C 3133X46R7C 3133X3WC3C 3133X3055 3133X4P21C 3133X5FE3C 3133X52E7 3133X4GJ4 3133X5FE3 3133X52E7C 3133X5L48C 3133X5NZ7C 3133XSVR6C 3133X6BGOC 3133X6DB9C 3133X6MF0 3133X6N05 3133X6NP7C 3133X6DYD2C 3133X6NP7 3133X81368 3133X8G23 3133X8GC0 3133X8J06C 3133X8MG4C 10874 10875 10879 10882 10883 10898 10899 10913 10920 10921 10922 10931 10932 10934 10935 10938 10940 10941 10942 10944 10945 10947 10948 10949 10950 10951 10952 10955 10961 10964 10965 10966 10987 10994 10995 10996 10997 Run Date. 01/21/2006 - 16:19. Issuer City of National City Portfolio Management Portfolio Details - Investments December 31, 2005 Average Purchase Balance Date Par Value Market Value Page 4 Stated YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 08/20/2003 08/26/2003 08/20/2003 08/13/2003 08/20/2003 10/30/2003 10/30/2003 11/28/2003 11/26/2003 12/16/2003 01/30/2004 02/26/2004 02/20/2004 02/27/2004 02/27/2004 02(23/2004 03/25/2004 03/30/2004 03/30/2004 03/17/2004 03/30/2004 03/30/2004 04/21/2004 04/22/2004 04/28/2004 04/29/2004 04/30/2004 04/30/2004 05/12/2004 05/12/2004 05/26/2004 05/12/2004 08/26/2004 09/17/2004 09/22/2004 09/23/2004 09/30/2004 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 99,202.00 98,517.00 99,344.00 98,281.00 99,000.00 98,710.00 98,555.00 99,012.00 99,094.00 98,980.00 98,973.00 98,719.00 99,039.00 98,960.00 98,527.00 99,063.00 98,063.00 98,992.00 97,764.00 99,375.00 98,969.00 98,094.00 97,395.00 97,104.00 99,072.00 98,185.00 98,552.00 99,656.00 98,713.00 98,631.00 98,597.00 99,188.00 98,615.00 98,577.00 99,089.00 98,266.00 99,073.00 99,937.50 4.000 AAA 3.514 962 08/20/2008 100,000.00 3.750 AAA 3.500 968 08/26/2008 100,000.00 4.000 AAA 3.500 962 08/20/2008 100,000.00 3.500 AAA 3.350 955 08/13/2008 100,000.00 4.000 AAA 3.700 962 08/20/2008 99,900.00 3.750 AAA 3.522 1,033 10/30/2008 99,375.00 3.750 AAA 3.587 1,033 10/30/2008 99,562.50 4.000 AAA 3.797 1,062 11/28/2008 100,000.00 4.000 AAA 3.750 1,060 11/26/2008 99,812.50 4.000 AAA 3.741 1,080 12/16/2008 99,937.50 3.125 AAA 3.139 1,125 01/30/2009 100,000.00 3.500 AAA 3.409 1,333 08/26/2009 99,937.50 3.125 AAA 2.964 1,146 02/20/2009 99,750.00 2.250 AAA 2.303 1,153 02/27/2009 99,937.50 3.500 AAA 3.414 1,153 02/27/2009 100,000.00 3.500 AAA 3.225 1,149 02/23/2009 99,937.50 3.250 AAA 3.214 1,179 03/25/2009 100,000.00 3.500 AAA 3.200 1,184 03/30/2009 99,937.50 3.000 AAA 2.863 1,184 03/30/2009 100,000.00 3.000 AAA 2.857 624 09/17/2007 100,000.00 3.500 AAA 3.200 1,184 03/30/2009 100,000.00 3.000 AAA 2,850 1,184 03/30/2009 99,562.50 2.750 AAA 2.744 1,206 04/21/2009 100,000.00 3.200 AAA 3.160 1,207 04/22/2009 100,000.00 3.650 AAA 3.350 1,213 04/28/2009 99,968.75 3.250 AAA 3.207 1,214 04/29/2009 99,800.00 3.750 AAA 3.694 1,215 04/30/2009 100,000.00 4.000 AAA 3.300 302 10/30/2006 99,906.25 3.000 AAA 3.020 1,227 05/12/2009 100,000.00 3.250 AAA 3.250 1,227 05/12/2009 99,937.50 3.750 AAA 3.714 1,241 05/26/2009 100,000.00 3.750 AAA 3.650 1,227 05/12/2009 100,000.00 3.750 AAA 3.600 1,333 08/26/2009 100,000.00 3.750 AAA 3.650 1,355 09/17/2009 100,000.00 4.000 AAA 3.800 1,360 09/22/2009 99,953.13 3.750 AAA 3.660 1,361 09/23/2009 100,000.00 4,000 AAA 3.800 1,368 09/30/2009 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b CUSIP Investment # Federal Agency Securities 3133X8J05 3133XAYX97 3133XCMK6 11003 11020 11036 Pass Through Securities 3133TGSG5 10637 31376PGY5 10126 Run te. 01/21/2006 - 16:19 V Issuer Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Subtotal and Average Average Balance 5,196,540.63 Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. Subtotal and Average Total and Average 7,867.35 10,938,407.98 City of Natik.,ral City Portfolio Management Portfolio Details - Investments December 31, 2005 Purchase Date Par Value Market Value 09/23/2004 03/28/2005 08/17/2005 11 /30/1998 12/01/1998 100,000.00 200,000.00 200,000.00 98,344.00 197,820.00 198,952.00 5,200,000.00 5,127,195.00 0.00 7,548.79 7,548.79 10,941,548.79 0.00 7,742.91 7,742.91 10,868,972.33 Page 5 Stated YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date 99,762.50 200,000.00 199,937.50 5,196,540.63 3.750 AAA 4.000 AAA 4.050 AAA 0.00 6.000 7,867.35 8.500 7,867,35 10,938,407.98 3.702 4.000 4.080 1,361 09/23/2009 543 O6/28/2007 320 11/17/2006 3.331 1,040 AAA 6.000 0 01/15/2013 AAA 7.711 1,819 07/01/2011 7.711 1,819 3.448 609 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b City of National City Portfolio Management Interest Earnings Summary December 31, 2005 December 31 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: 111g3 . ,6981 Interest Collected ,69.3 Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 96,941.52).52) Less Accrued Interest at Purchase During Period 457.98 Interest Earned during Period 32,0.00 Adjusted by Capital Gains or Losses Earnings during Periods 32,457.98 Pass Through Securities: 0.00 Interest Collected 633.29 Plus Accrued Interest at End of Period 633.29) Less Accrued Interest at Beginning of Period { 0.00) Less Accrued Interest at Purchase During Period Interest Earned during Period 50.04 0.00 Adjusted by Premiums and Discounts 0.00 Adjusted by Capital Gains or Losses Earnings during Periods 50.04 Cash/Checking Accounts: 0.00 Interest Collected 0.00 Plus Accrued Interest at End of Period 0.00) Less Accrued Interest at Beginning of Period Interest Earned during Period 0.00 32,508.02 Total Interest Earned during Period 0.00 Total Capital Gains or Losses Total Earnings during Period 32,508.02 176,987.02 110,701.37 92,326.88) 0.00) 195,361.51 30,029.64 225,390.15 0.00 633.29 324.41) 0.00) 308.88 0.00 0.00 308.88 0.00 0.00 0.00) 0.00 195,670.39 30,028.64 225,699.03 Page 6 Portfolio CNC CC PM (PRF_PM6) SymRep16.41.202b Report Ver. 5.00 Run Date: 01/21/2006 • 16:19 STATE OF CALIFORNIA PHILIP ANGELIDES, Treasurer OFFICE OF THE TREASURER SACRAMENTO Local Agency Investment Fund, PO Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 December, 2005 Statement CITY OF NATIONAL CITY Attn: FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4397 Transactions Account Number : 98-37-576 Effective Transaction Tran Confirm Authorized Date Date Type Number Caller Amount 12-09-2005 12-12-2005 RDA 1053857 WILLIAM YEOMANS - 500,000.00 12-09-2005 12-09-2005 RD 1053663 WILLIAM YEOMANS 500,000.00 12-15-2005 12-15-2005 RD 1054334 WILLIAM YEOMANS 1,700,000.00 12-20-2005 12-20-2005 RW 1054839 WILLIAM YEOMANS - 2,000,000.00 12-23-2005 12-23-2005 RD 1055379 WILLIAM YE.OMANS 2,000,000.00 Account Summary Total Deposit : 3,700,000.00 Beginning Balance : 20,175,155.92 Total Withdrawal : - 2,000,000.00 Ending Balance : 21,875,155.92 Page : 1 of 1 P9 cA ETRu ST Net Asset Value NAV per Share Yield Period Return Duration Average Maturity Portfolio LAIF $130,892,512.65 N/A $9.99 N/A 4.40% 3.89% 0.34% 0.31% 0.15 N/A 0.53 Years 1.08 Years Portfolio Sector Breakdown MDS 13.50% MMF 1.90% FID.M 13 90% Corporate Securities 22 60'/ US Gov/AGY 370/ CP 23 00% CD 21 40% CaITRUST - Short Term Fund MONTH END PORTFOLIO STATISTICS December 31, 2005 CalTrust Short Term LAIF One Month 0.34% 0.31% Three Month 0.99% 0.91% Six Month 1.90% 1.71% 1 Year 3.29% 3.05% 3 Year N/A N/A 5 Year N/A N/A Since Inception of CalTrust Account (Annualized) 2.19% 2.16% Portfolio Quality Breakdown 2A7 4.9I % A I,P I, or equivalent 15.29% Aa2 4.90% Al 3.05% NOTES Inception date of the Portfolio - February 13, 2003. Returns are Net of Fees. Rating Source - Moody's Investors Service. Yield represents weighted average gross yield on investments held in portfolio as of the last business day of the month. City of National City City of National City Portfolio Management Portfolio Summary September 30, 2005 Investments Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 5,935,000.00 5,936,910.39 5,935,000.00 52.83 756 253 3.228 3.273 Negotiable/Transferable CDs 95,000.00 95,626.05 95,000.00 0.85 1,826 576 4.833 4.900 Federal Agency Securities - 5,200,000.00 - 5,134,795.00 5,198,540.63 48.26 1,711 1,132 3.250 3.296 Pass Through Securities 7,548.79 7,754.84 7,867.35 0.07 4,595 1,911 7.605 7.711 Investments 11,237, 548.79 11,175, 086.28 11,234,407.98 100.00% 1,209 664 3.255 3.300 Total Earnings September 30 Month Ending Fiscal Year To Date Current Year 62,101.84 129,084.57 Average Daily Balance 11,642,495.57 12,132,742.65 Effective Rate of Return 6.49% 4.22% Director of Fin Reporting period 09/0112005-09130f2005 RuaQale: 01/11/2006 - 15:09 Portfolio CNC CC PM (PRF_PMI) SymRept 6.41.202b Report Ver. 5.00 CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2005 Page 2 Average Purchase Staled YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS10988 10988 Advanta Bank Corp 08/30/2004 99,000.00 99,000.00 99,000.00 3,350 209 3.350 333 08/30/2006 SYS10958 10958 American Home Bank 04/22/2004 99,000.00 99,000.00 99,000.00 2.930 208 2.930 205 04/24/2006 SYS10957 10957 American Bank 04/26/2004 99,000.00 99,000.00 99,000.00 2.700 2.700 207 04/26/2006 SYS10989 10989 Bloomfield Stale Bank 08/10/2004 99,000.00 99,000.00 99,000.00 3.510 204 3.510 313 08/10/2006 SYS10923 10923 Brand Banking Company 01/23/2004 99,000.00 99,000.00 99,000.00 2.655 255 2.655 112 01/21/2006 SYS10970 10970 Busey Bank of Florida 05/20/2004 99,000.00 99,000.00 99,000.00 3.110 141 3.110 231 05/20/2006 SYS 10959 10959 Business Bank of Fox River Vly 04/23/2004 99,000.00 99,000.00 99,000.00 2.750 174 2.750 205 04/24/2006 SYS11037 11037 Capital Bank & Trust Co. 09/12/2005 99,000.00 99,000.00 99.000,00 4.350 124 4.350 346 09/12/2006 SYS10981 10981 Capital One Bank 07/09/2004 100,000.00 100,000.00 100,000.00 3.340 300 3.340 281 07/09/2006 SYS10967 10967 Capitol City Bank & Trust 05/10/2004 99,000.00 99,000.00 99,000.00 2.800 232 2.800 221 05/10/2006 SYS10982 10982 Capital One FSB 07/09/2004 100,000.00 100,000.00 100,000.00 3.300 300 3.300 281 07/09/2006 SYS10900 10900 Carolina Trust Bank 10/01/2003 99,000.00 99,000.00 99,000.00 2.500 104 2.500 0 10/01/2005 15546 10901 Corn Bell B & T Co 10/07/2003 98,000.00 98,000.00 98,000.00 2.710 268 2.710 6 10/07/2005 SYS10960 10960 Centennial Bank of the West 04/30/2004 99,000.00 99,000.00 99,000.00 2.750 161 2.750 212 05/01/2006 SYS10937 10937 First Capital Bank 02/13/2004 99,000.00 99,000.00 99,000.00 2.720 93 2.720 135 02/13/2006 177707AC0 10702 City Bank 05/15/2002 95,000.00 95,634.60 95,000.00 4.900 167 4.900 591 05/15/2007 SYS10905 10905 Citizens Natl. Bank of Quitman 10/06/2003 99,000.00 99,009.00 99,000.00 2.500 169 2.500 5 10/06/2005 SYS10991 10991 Community Commerce Bank 08/24/2004 99,000.00 99,000:00 99,000.00 3.400 295 3.400 327 08/24/2006 SYS10976 10976 Commercial Savings Bank 06/29/2004 99,000.00 99,000.00 99,000.00 3.300 114 3.300 271 06/29/2006 SYS 10990 10990 First Commercial Bk of Florida 08/10/2004 99,000.00 99,000.00 99,000.00 3.450 170 3.450 282 07/10/2006 SYS10925 10925 First Cherokee State Bank 01/26/2004 99,000.00 99,000.00 99,000.00 2.800 124 2.800 117 01/26/2006 SYS11018 11018 First Enterprise Bank, West Br 02/18/2005 99,000.00 99,000.00 99,000.00 3.750 25 3.750 505 02/18/2007 SYS10983 10983 First Western Bank 07/09/2004 99,000.00 99,000.00 99,000.00 3.300 244 3.300 282 07/10/2006 340558CE3 10829 Florida Bank, NA 09/26/2001 99,000.00 99,703.89 99,000.00 5.150 182 5,150 360 09/26/2006 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 95,571.90 95,000.00 4.850 218 4.850 591 05/15/2007 SYS10980 10980 Garden City State Bank 07/01/2004 99,000.00 99,000.00 99,000.00 3.660 193 3.660 275 07/03/2006 SYS11033 11033 Georgian Bank 07/11/2005 99,000.00 99,000.00 99,000.00 4.200 200 4.200 ' 648 07/11/2007 SYS10969 10969 Greatbank Algonquin - 05/10/2004 99,000.00 99,000.00 99,000.00 2.900 208 2.900 221 05/10/2006 SYS10924 10924 Guernsey Bank 01/23/2004 99,000.00 99,000.00 99,000.00 2.650 110 2.650 114 01/23/2006 SYS10975 10975 Heritage Bank of Ashland 06/24/2004 99,000.00 99,000.00 99,000.00 3.250 111 3.250 268 06/26/2006 SYS10936 10936 Heritage Coritmunity Bank 02/05/2004 99,000.00. 99,000.00 99,000.00 2.750 155 2.750 127 02/05/2006 SYS10986 10986 Home Federal Bank of Hollywood 07/23/2004 99,000.00 99,000.00 99,000.00 3.200 266 3.200 296 07/24/2006 SYS10908 10908 Horizon Bank 10/31/2003 99,000.00 99,000.00 99,000.00 2.600 215 2.600 30 10/31/2005 SYS11023 11023 International Bank of Chicago 05/16/2005 99,000.00 99,000.00 99,000.00 4.500 274 4.500 592 05/16/2007 SYS10953 10953 Islands Community Bank, N.A. 04/30/2004 99,000.00 99,000.00 99,000.00 2.760 138 2.760 212 05/01/2006 SYS10927 10927 Jacksonville Bank 01/07/2004 99,000.00 99,000.00 ' 99,000.00 2.860 124 2.860 98 01/07/2006 Run Date: 01/11/20D6 - 15:09 Portfolio CNC CC PM (PRF_PM2) SymRep16.41.2029 •,Ver. 5.00 CUSIP Investment# Certificates of Deposit - Monthly SYS10904 SYS10993 SYS11019 SYS11034 SYS10928 SYS10906 SYS10907 SYS11016 S YS 11022 S YS10917 SYS11005 SYS10984 SYS10939 SYS10968 SYS10943 SYS10946 SYS11017 SYS10918 SYS11038 SYS 10992 SYS 1 1024 SYS10985 SYS10926 SYS11021 10904 10993 11019 11034 10928 10906 10907 11016 11022 10917 11005 10984 10939 10968 10943 10946 11017 10918 11038 10992 11024 10985 10926 .11021 Negotiable/Transferable CDs 458657EVY 10688 Federal Agency Securities 3128X1DQ7C 31339XTQ7C 31339Y6G2C 31339YFN7C 31339YPB2C ate: 01111/2006 - 15:09 10842 10849 10856 10857 10858 Issuer Lake Country State Bank Legacy Bank of Harrisburg Lowcountry National Bank Mutual Bank Network Bank Oceanside Bank Ocwen Federal Bank FSB Omni National Bank Pioneer Bank Premier Bank of Wilmette Peoples State Bank Security Bank Southern Bank Sovereign Bank State Farm Financial Svcs, FSB Key Bank(Steding Bank & Trust Stockmans Bank Trinity Bank Trinity Bank Union Bk. of Gilbert, AZ Union Credit Bank Union National Bank of Elgin Washington State Bank West Pointe Bank Average Balance Subtotal and Average 6,156,100.00 Intercredit Bank Subtotal and Average Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 125,320.92 City of National City Portfolio Management Portfolio Details - Investments September 30, 2005 Purchase Date Par Value Market Value. 10/02/2003 08/31/2004 02/28/2005 07/05/2005.. 01/21/2004 10/20/2003 10/27/2003 01/20/2005 05/05/2005 11/25/2003 09/14/2004 07/12/2004 02/04/2004 05/10/2004 03/08/2004 01/25/2004 02/14/2005 11/25/2003 09/17/2005 08/30/2004 06/20/2005 07/18/2004 01/27/2004 04/11/2005 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000,00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000,00 99,000.00 99,000.00 99,000,00 99,000.00 99,000.00. 99,000.00 99,000.00 99,000.00 99,000,00 99,000.00 99,000.00 100,000.00 100,000.00 100,000.00 100,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 89,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 Page 3 YTM/C Days to Maturity Book Value Rate S&P 385 Maturity Date 99,000.00 99,000.00 99,000.00 99,000,00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 100,000.00 100,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 5,935,000,00 5,936,910.39 04/30/2002 95,000.00 05/28/2003 06/30/2003 07/17/2003 07/24/2003 07/30/2003 95,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 95,628.05 5,935,000.00 Stated 2.550 3.401 3.750 4.350 2.700 2.500 2.730 3.250 4.200 2.550 3.400 3.500 2.750 2.930 2.810 2.230 3.950 2.650 4.350 3.400 4.100 3.500 2.850 3.900 95,000.00 4.900 95,626.05 98,546.00 97,934.00 98,062.00 98,175.00 98,451.00 95,000.00 170 107 207 197 247 179 160 158 238 169 137 247 165 209 103 141 94 108 108 192 242 275 96 231 2.550 3.401 3.750 4.350 2.700 2.500 2.730 3.250 4.200 2.550 3.400 3.500 2.750 2.930 2.810 2.230 3.950 2.650 4.350 3.400 4.100 3.500 2.850 3.900 2 10/03/2005 334 08/31/2006 515 02/28/2007 642 07/05/2007 111 01/20/2006 19 10/20/2005 23 10/24/2005 292 07/20/2006 583 55 347 284 126 221 156 115 501 55 350 331 05/07/2007 11/25/2005 09/13/2006 07/12/2006 02/04/2006 05/10/2006 03/06/2006 01/24/2006 02/14/2007 11/25/2005 09/16/2006 08/28/2006 262 06/20/2006 291 07/19/2006 118 01/27/2006 192 04/11/2006 3.273 253 128 4.900 576 04/30/2007 100,000.00 3.500 AAA 100,000.00 3.000 ,AAA 99,937.50 3.000 AAA 99,750.00 3.250 AAA 100,000.00 3.500 AAA 4.900 576 3.240 2.650 2.713 2.904 3.200 970 05/28/2008 1,003 06/30/2008 1,020 07/17/2008 1,027 07/24/2008 1,033 07/30/2008 Portfolio CNC CC PM (PRF PM2) SymRept 6.41.2028 CUSIP Investment # Issuer City of National City Portfolio Management Portfolio Details - Investments September 30, 2005 Average Purchase Balance Date Par Value Page 4 Stated YTMIC Days to Maturity Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Securities 31339XQN7 10863 Federal Home Loan Bank 07/02/2003 100,000.00 97,844.00 100,000.00 3.000 AAA 2.700 1,005 07/02/2008 31339X0N7 10867 Federal Home Loan Bank 07/02/2003 100,000.00 97,844.00 100,000.00 3.000 AAA 2.700 1,005 07/02/2008 31339Y6G2 10868 Federal Home Loan Bank 07/17/2003 100,000.00 98,406.00 100,000.00 3.000 AAA 2.700 1,020 07/17/2008 31339YYD8C 10872 Federal Home Loan Bank 08/13/2003 100,000.00 98,274.00 100,000.00 3.500 AAA 3.350 1,047 08/13/2008 31339YVS8C 10873 Federal Home Loan Bank 08/14/2003 100,000.00 98,039.00 100,000.00 3.250 AAA 3.000 1,048 08/14/2008 3133X0AE9C 10874 Federal Home Loan Bank 08/20/2003 100,000.00 99,305.00 99,937.50 4.000 AAA 3.514 1,054 08/20/2008 3133XODE6 10875 Federal Home Loan Bank 08/26/2003 100,000.00 98,690.00 100,000.00 3.750 AAA 3.500 1,060 08/26/2008 3133X0AE9 10879 Federal Home Loan Bank 08/20/2003 100,000.00 99,688.00 100,000.00 4.000 AAA 3.500 1,054 08/20/2008 31339YYD8 10882 Federal Home Loan Bank 08/13/2003 100,000.00 98,656.00 100,000.00 3.500 AAA 3.350 1,047 08/13/2008 3133X0789 10883 Federal Home Loan Bank 08/20/2003 100,000.00 99,438.00 100,000.00 4.000 AAA 3.700 1,054 08/20/2008 3133X1LS4C 10898 Federal Home Loan Bank 10/30/2003 100,000.00 98,696.00 99,900,00 3.250 AAA 3.222 1,125 10/30/2008 3133X1L39C 10899 Federal Home Loan Bank 10/30/2003 100,000.00 98,580.00 99,375.00 3.250 AAA 3.286 1,125 10/30/2008 3133X24X0C 10913 Federal Home Loan Bank 11/28/2003 100,000.00 98,940.00 99,562.50 3.500 AAA 3.496 1,154 11/28/2008 3133X23C7 10920 Federal Home Loan Bank 11/28/2003 100,000.00 99,438.00 100,000.00 3.500 AAA 3.450 1.152 11/26/2008 3133X2JS5C 10921 Federal Home Loan Bank 12/16/2003 100,000.00 98,895.00 99,812.50 3.500 AAA 3.441 1,172 12/16/2008 3133X3C84C 10922 Federal Home Loan Bank 01/30/2004 100,000.00 98,993.00 99,937.50 3.125 AAA 3.139 1,217 01/30/2009 3133X3RF2 10931 Federal Home Loan Bank 02/26/2004 100,000.00 99,125.00 100,000.00 3.500 AAA 3.409 1,425 08/26/2009 3133X3MG5C 10932 Federal Home Loan Bank 02/20/2004 100,000.00 98,896.00 99,937.50 3.125 AAA 2.964 1.238 02/20/2009 3133X46R7C 10934 Federal Home Loan Bank 02/27/2004 100,000.00 98,790.00 99,750.00 2.250 AAA 2.303 1,245 02/27/2009 3133X3WC3C 10935 Federal Home Loan Bank 02/27/2004 100,000.00 98,556.00 99,937.50 3.500 AAA 3.414 1,245 02/27/2009 3133X3QS5 10938 Federal Home Loan Bank 02/23/2004 100,000.00 - 99,344.00 100,000.00 3.500 AAA 3.225 1,241 02/23/2009 3133X4P21C 10940 Federal Home Loan Bank 03/25/2004 100,000.00 98,157.00 99,937.50 3.250 AAA 3.214 1,271 03/25/2009 3133X5FE3C 10941 Federal Home Loan Bank 03/30/2004 100,000.00 98,953.00 100,000.00 3.500 AAA 3.200 1,276 03/30/2009 3133X52E7 10942 Federal Horne Loan Bank 03/30/2004 100,000.00 97,679.00 99,937.50 3.000 MA 2.863 1,276 03/30/2009 3133X4GJ4 10944 Federal Home Loan Bank 03/17/2004 100,000.00 99,688.00 100,000.00 3.000 AAA 2.857 716 09/17/2007 3133X5FE3 10945 Federal Home Loan Bank 03/30/2004 100,000.00 99,313.00 100,000.00 3.500 AAA 3.200 1,276 03/30/2009 3133X52E7C 10947 Federal Home Loan Bank 03/30/2004 100,000.00 98,375.00 100,000.00 3.000 AAA 2.850 1,276 03/30/2009 3133X5L48C 10948 Federal Horne Loan Bank 04/21/2004 100,000.00 97,518.00 99,582.50 2.750 AAA 2.744 1,298 04/21/2009 3133X5NZ7C 10949 Federal Home Loan Bank 04/22/2004 100,000.00 97,399.00 100,000.00 3.200 AAA 3.160 1,299 04/22/2009 3133X5VR6C 10950 Federal Home Loan Bank 04/28/2004 100,000.00 99,041.00 100,000.00 3.150 MA 3.000 1,305 04/28/2009 3133X60G0C 10951 Federal Home Loan Bank 04/29/2004 100,000.00 98,155.00 99,968.75 3.250 AAA 3.207 1,306 04/29/2009 3133X6DB9C 10952 Federal Home Loan Bank 04/30/2004 100,000.00 98,619.00 99,800.00 3.750 AAA 3.694 1,307 04/30/2009 3133X6MF0 10955 Federal Home Loan Bank 04/30/2004 100,000.00 99,750.00 100,000.00 4.000 AAA 3.300 394 10/30/2006 3133X6NQ5 10961 Federal Home Loan Bank 05/12/2004 100,000.00 98,873.00 99,906.25 3.000 AAA 3.020 1,319 05/12/2009 3133X6NP7C 10964 Federal Home Loan Bank 05/12/2004 100,000.00 98,780.00 100,000.00 3.250 AAA 3.250 1,319 05/12/2009 3133X6DY02C 10965 Federal Home Loan Bank 05/26/2004 100,000.00 98,879.00 99,937.50 3.750 AAA 3.714 1,333 05/26/2009 Run Dale: O1/11/2006 - 15:09 Portfolio CNC CC PM (PRF_PM2) SymRepl 6.41.2026 CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2005 Page 5 Average Purchase • Stated YTMIC Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Securities 3133X6NP7 10966 Federal Home Loan Bank 05/12/2004 100,000.00 99,500.00 100,000.00 3.750 AAA 3.650 1,319 05/12/2009 3133X8B68 10987 Federal Home Loan Bank 08/28(2004 100,000.00 98,844.00 100,000.00 3,750 AAA 3.600 1,425 08/26/2009 3133X8G23 10994 Federal Home Loan Bank 09/17/2004 100,000.00 98,642.00 100,000.00 3.750 AAA 3.650 1,447 09/17/2009 3133X8GC0 10995 Federal Home Loan Bank 09/22/2004 100,000.00 99,205.00 100,000.00 4.000 AAA 3.800 1,452 09/22/2009 3133X8JQ6C 10996 Federal Home Loan Bank 09/23/2004 100,000.00 98,370.00 99,953.13 3.750 AAA 3.660 1,453 09/23/2009 3133X8MG4C 10997 Federal Home Loan Bank 09/30/2004 100,000.00 99,167.00 100,000.00 4.000 AAA 3.800 1,480 09/30/2009 3133X8JQ6 11003 Federal Horne Loan Bank 09/23/2004 100,000.00 98,875.00 99,762.50 3.750 AAA 3.702 1,453 09/23/2009 3133XAYX97 11020 Federal Home Loan Bank 03/28/2005 200,000.00 198,260.00 200,000.00 4.000 AAA 4.000 635 06/28/2007 3133XCMK6 11036 Federal Home Loan Bank 08/17/2005 200,000.00 199,348.00 199,937.50 4.050 MA 4.080 412 11/17/2006 Subtotal and Average 5,353,207.30 5,200,000.00 5,134,795.00 5,196,540.63 3.296 1,132 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998 0.00 0.00 0.00 6.000 AAA 6.000 0 01/15/2013 31376PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 7,548.79 7,754.84 7,867.35 .8.500 AAA 7,711 1,911 07/01/2011 7,887.35 7.711 1,911 Subtotal and Average 7,867.35 7,548.79 7,754.84 Total and Average 11,842,495.57 Run n2e. 01111/2006. 15:09 C31 11,237,548.79 11,175,086.28 11,234,407.98 3.300 684 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b City of National City Portfolio Management Interest Earnings Summary September 30, 2005 September 30 Month Ending Fiscal Year To Date Page 2 CD/Coupon/Discount Investments: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Capital Gains or Losses Earnings during Periods 34,398.99 106,458.48 108,836.04) 0.00) 84,767.31 106,458.48 92,326.88) 0.00) 32,021.43 98,898.91 30,028.64 30,028.64 62,050.07 128,927.55 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 481.43 481.43 Less Accrued Interest at Beginning of Period ( 429.66) ( 324.41) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 51.77 157.02 Adjusted by Premiums and Discounts 0.00 0.00 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 51.77 157.02 Cash/Checking Accounts: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned during Period ( 0.00 0.00 0.00) 0.00 0.00 0.00) 0.00 0.00 Total Interest Earned during Period Total Capital Gains or Losses 32,073.20 99,055.93 30,028.64 30,028.64 Total Earnings during Period Run Dale: 01/11/2006 - 15:22 62,101.84 129,084.57 Portfolio CNC CC PM (PRF_PM6) SymRept 6.41.202b Report Ver. 5.00 STATE OF CALIFORNIA PHILIP ANGELIDES, Treasurer OFFICE OF THE TREASURER SACRAMENTO Local Agency Investment Fund PO Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 September, 2005 Statement CITY OF NATIONAL CITY Attn: FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4397 Transactions Account Number : 98-37-576 Effective Transaction Tran Confirm Authorized Date Date Type Number Caller 09-06-2005 09-06-2005 RW 1041215 WILLIAM YEOMANS 09-09-2005 09-08-2005 RD 1041644 WILLIAM YEOMANS 09-16-2005 09-16-2005 RW 1042444 WILLIAM YEOMANS 09-22-2005 09-22-2005 RD 1043026 WILLIAM YEOMANS 09-27-2005 09-27-2005 RD 1043493 WILLIAM YEOMANS Account Summary Amount - 5,000,000.00 1,200,000.00 - 800,000.00 1,500,000.00 800,000.00 Total Deposit : 3,500,000.00 Beginning Balance : 23,683,378.81 Total Withdrawal : - 5,800,000.00 Ending Balance : 21,383,378.81 Page : 1 of 1 P17 INVESTMENTS BY TYPE SEPTEMBER 30, 2005 Par Value Market Value Book Value % of Portfolio Days to Maturity Local Agency Investment Fund 21,383,378.81 21,321,004.35 21,383,378.81 59.93% CalTrust 2,000,000.00 2,000,000.00 2,000,000.00 5.61% US Government Agencies 5,200,000.00 5,134,735.00 5,196,603.13 14.57% Pass Through Securities 7,548.79 7,784.61 7,867.35 0.02% Certificates of Deposit 6,925,000.00 6,927,662.36 6,925,000.00 19.41% Negotiable CDs 195,000.00 195,859.75 164,971.36 0.46% TOTAL 35,710,927.60 35,587,046.07 35,677,820.65 100.00% 169 277 1,132 1,911 253 576 334 Yield to Maturity (360 days) 3.18% 1.92% 3.25% 7.61% 3.23% 4.83% 3.14% Local Agency Investment Fund CalTrust Sympro Report INVESTMENT EARNINGS JULY 1, 2005 TO SEPTEMBER 30, 2005 Capital Gain Interest Earnings 30, 028.64 133,975.38 4,707.74 99,055.73 Average Balance 30,028.64 237, 738.85 31, 794,136.94 543,478.26 12,132, 742.65 44,470,357.85 Quarterly Return 1.672% 3.437% 3.239% 2.121% City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 AGENDA ITEM NO. 17 ITEM TITLE Notice of Decision —Planning Commission Approval of a Conditional Use Permit for an Approximately 4,000 Square Foot Expansion of Sweetwater Square Shopping Center to Accommodate a New Mervyn's, at the Southeast Corner of Highland Avenue and 30' Street (Applicant: Michelle Alfieri of SSOE for Mervyn's) (Case File No. CUP-2005-19) PREPARED BY <� DEPARTMENT Andrew H skinson x4310 Planning EXPLANATION The project site is the existing 11.5-acre Sweetwater Square shopping center at the southeast corner of Highland Avenue and 30th Street in the General Commercial (CG) Zone. The center has approximately 116,400 square feet of retail space, of which just over 100,000 square feet is in the main building on the property. Some of the current tenants of the center include Blockbuster, China Super Buffet, Peter Piper Pizza and Evans Tire & Service Center. The primary anchor space, roughly 66,000 square feet, in the main building is currently vacant. Much of the site is developed with a 572-space parking lot. The applicant proposes to enclose the existing approximately 4,000 square foot covered vestibule (primary entry) to combine it with the primary anchor space, and several smaller suites to the north of the vestibule along the west side of the building to accommodate a new 79,600 square foot Mervyn's. In addition to enclosing the vestibule, the most noticeable exterior building changes include walling up the aluminum/glass store fronts along the west facade with a plaster finish, placing pre -cast landscape planters along the west facade of the building, adding stainless steel accents to the existing canopies on the west facade, and painting the entire exterior of the building (e.g. tan). The applicant will also reconfigure the parking lot to add 22 new parking spaces. Planning Commission held a public hearing on this item at the December 19, 2005 meeting. There was no public testimony at that time; however, the Commission did discuss the availability of parking in the center. They also heard that the Mervyn's in Plaza Bonita would move to this location once the improvements are finished (estimated to be early 2007). The Commission voted to approve the proposal finding the site appropriate for the intended use. Environmental Review X N/A Catergorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION gee Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes — Carrillo, Pruitt, Alvarado, Baca, Martinelli, Flores, Reynolds Abstain: Delapaz ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 1-2006 2. Location Map Resolution No. 3. Site Photos 4. Project Plans A-200 (9/99) RESOLUTION NO. 1-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN APPROXIMATELY 4,000 SQUARE FOOT EXPANSION OF SWEETWATER SQUARE SHOPPING CENTER TO ACCOMMODATE A NEW MERVYN'S AT THE SOUTHEAST CORNER OF HIGHLAND AVENUE AND 30TH STREET APPLICANT: MICHELLE ALFIERI OF SSOE FOR MERVYN'S CASE FILE NO. CUP-2005-19 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for an approximately 4,000 square foot expansion of Sweetwater Square Shopping Center to accommodate a new Mervyn's at the southeast corner of Highland Avenue and 30a' Street at a duly advertised public hearing held on December 19, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2005-19 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 19, 2005, support the following findings: 1. That the site for the proposed 4,000 square foot shopping center expansion is adequate in size and shape, since the 11.5 acre shopping center has sufficient room to accommodate a minimal three and a half percent increase in floor area and an additional 22 parking spaces. 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 expansion and use, since Sweetwater Square is located at the southeast corner of the intersection of Highland Avenue (major arterial) and 30th Street (prime arterial), two roads with sufficient capacity to handle the possible 160 Average Daily Trips that the proposed expansion may generate. 3. That the proposed expansion and use will not have an adverse effect upon adjacent or abutting properties, since the project site is an established shopping center located at A the intersection of two arterial roads in a major commercial district, and since additional parking can be provided for the minor three and a half percent increase in floor area. 4. That the proposed expansion and use is deemed essential and desirable to the public convenience and welfare, since the proposed expansion and minor architectural changes will allow for a major anchor tenant to locate within the existing shopping center close to many City residents. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a 4,000 square foot expansion of the Sweetwater Square shopping center. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2005-19, dated 11/23/2005. 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 landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Additionally, the landscape plan shall include re- planting of trees in all of the parking lot planters, where trees have been removed. 3. All new parking spaces provided on the east side of the property shall be standard size (9 feet by 19 feet). 4. All existing painted block/brick portions of the main building shall be finished with a TEX-COTE product that is similar in appearance to the plaster finish on the bulk of the building. 5. 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. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. Exterior walls of buildings/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 8. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 9. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning 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. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 10. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 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 January 9, 2006, by the following vote: AYES: CARRILLO, PRUITT, ALVARADO, BACA, MARTINELLI, FLORES, REYNOLDS NAYS: ABSENT: ABSTAIN: DELAPAZ PROJECT LOCATION A LOCATION MAP Conditional Use Permit for a 4,000 square foot expansion of Sweetwater Square to accommodate a new Mervyn's CUP-2005-19 NATIONAL/CITY PLANNING DRN. DATr 12/6/05 INITIAL HEARING: 12/19/05 Site Photographs View of the vestibule from the west View of the vestibule from the northwest View of smaller suites north of vestibule, showing glass/aluminum storefronts to be removed and canopies to be enhanced Typical existing cart corral Painted brick portion of the main building (south wall) Sample of TEX-COTE product (tan) on the building NOT A PART 0 H c a c c _ J c c 1cc\\tc y\;�\\�� \ \\ y� Y \\\\ GAS STATION FILM, ,4CC 5 F. LANrcns $/CURUISc, r o StTEPLAN 30TH STREET SHOPS 18.S lc S.F. SITE DATA IE%ISTING) nrclxv MIEN DOCK ccicccccccccccccc cc zl W 10.000 S.F. (y� BITE PLAN aYlf. M# 3OTH STREET XISTINQ 18.679 5.f. 81TE DATA IEXIBTING) uaae.—__ w ras rg rr wrr ras .._._11, eaa.0 • SITE DATA 1— ii "er.r •a.. vas _ r. tonrs� mrw-• . 79.665 S.F. PARKING TABLE vr .ra m ', �+a•.ar sr s. • t..sal a n ...oc rare• ne.a -__ w COI. PUMP rue. oat STOREFRONT ©ELEVATION .e+ OUR tec•IM UK Won uRns PARTIAL ©ELEVATION I.ING OM le MOW TO WINN an. PARTIAL ©ELEVATION yr.N PARTIAL ©ELEVATION MOW LAIL We KM MM.e.r 1.1,0 K-. wig o c 0 Imos stiff Me���I��IIU�ye��1�11�11, - cave a. acne staL arma. Aix. =re ama maw °WERT ELEVATION ©NORTH ELEVATION .EASTELEVATION Wi ,m MT. SITII m©SOUTH ELEVATION GENFRAi NOT S WAIC FAINT LEGEND o5-rsi-m A-201 § 1 I 'i ®7 4 j-- 41- .4-4 - ! 1 L _i I ! • i __i I_ 1 17-zazzpi 1 i .4 .- RETAIL SPACE • -------EaR_ 0051.01 —0 0.0.1011.1 000 POOP 0010E rik, i 1 • 1 L --r-- ---i- --T-1----7- -.....L.Lesla-. j.—' --4' .i-F--- --t --'h- = -1-- -4- --H-71--- , 1 -- ------4-----+------- .—:,:„.-,-,,- ---'FP'',-: I or 10 I.0000 1 I I — . L. 4 __L__i. ' i 1 ! I ! ' 1 g i • 1 PROPOSED CDFLOOR PLAN ra GFIERAL /.101,5 (IMIRES m0 ...C[1,040 0 I-0001 RUM 009000 00 00 1-.0, 0 1000 K. 5.0 go 00 MU TO 0.00 PE, Or, u.L. Or 0 ,LOOP 011."1,0 .000FIL. 0000. ,010. ,L0011 0 0,050. 1.4,0 /.11 I/01k 211,0 , .40,0 0, .C.010 0 xr..,..,:0:.,00...10-0.10 B000. 00 0. C0000 .000.000 0 .00 6" our .0.0,000 0000 5,0“ OFEr. 0101 sr. 0ro co000 Vrsr. STELL DOLLAR0 ALLTVPE cOHSTRuCri. , .0.00 000 cor,poorrro, COWSTRUCTION .0, g ps: 2 6 ' 0 0 0 --. TT TT?T 11•111.1.1••• ItFf- : -44 0- :J) T ! 1 ! I - - DEMOLITION- SPLOOP PLAN lAr . 009. DEMOLITION KEY NOTES 0 Roo,. cuonntvcrom cr000mrr no..t. T10010,11001 PST/ croorurrro 0010E WAWA 000115 51001,11010 901,11,11 001.000 [MA 0. 09000 0 0[1.0E 00..0 .000.5 kSJOak T. 0.00., IAD :UIYIE 00, t .0, 5LT,, - 0 0(11111 TO 5.1.41101, 0.1.100 0[11 OF 0010.105. 1015 0.1000T 51005 108[010, 4111,11011[ 0.000 40 0.1010 DO. TO Of 1,00. 000 10000 .10:00 91.0 1.1.0 .Y000 00.11_1114T 01/01-ECT 000 10 1111010 11/10A1,a,105 010. 111.0101,0 S110(.10110 00110101015 .0004 01.U-100 00.00005 0110001 .00, ACCESS 411001 J010 ASS00.11/0 01/600.41 01.101011, °111°C /1[00, 00,10t, 000110111141 111/1,1 T1, 11/110[10.0.1 010/00,0. 00...15 11W 0, .2100. rrror. ▪ ocoror 00[1040 Odd .001A5500011. 0.00.10 0000,1110. ▪ 111,0, 01.00 1.11k f010110 ors. coorortur 0 KAM MM. or au rog WW1 Oft.. C.101110.0C 11•1110 oro rorr WU. A-1.1 • PPE 10110400 .0 110010. e ffrEurre crna-rm. erl1.01110 RE.110.1 OF 001/1.001.1 11A, 011. 01. 10.0.0 102200.I 51000001•53101l, 00011.11111, 7011,°1 0_0 0E0001, cortorys mom, WV 000,0 .0 010. 00.-0 1•000.0 1,01 000.1 F.1a (01 {00111XII, 50000-15110.0 000, 01.11005. k.01. 105 , U0,0011 •0.10[ CO/ rn 01151111 O .1., 0100.1101 VW- 1110,5 .100 /151.0.,110.010.4[ 001010,5 10 EC 11010.0. Kr. 10 5111000104 010001. 1000 109 .01.0 • 1111.0 010.1011011. CIA•111,1( 1.111011C 0.00 [0.0. 001111.01.111,1,1 00,0 TO 11510. 150.0.7 P0,01/- \ 1r, 11001/, C.0.11 CA1, me Fun. coutrra, • 0.071,11 .0.11/011, MAI T1014. 70 01.1101 0/11110 0[051110[11011 /NO .001G AC1000, ELECTRICAL DEMOLITION KEY NOTES .5 Pr. 0..W.0,00, 51•0101,10 11/5 50.0/1. ,c13,,,,,,,,,,00,04.11101[101001105, 0.0.0.010/10. 0,010011 LOA 1010011, 0 COM. 0.101011100 0115;1.4,111.0.1,0( 1115,.00. Z11 1C000,14,,051,T110 ,000,1,1TE .010 0.111 4 • 1.10r04.,407,04 1,0010.1 .50.141,111 Of 010 WKS 1000 [111104 .1.00[11/0 TO .50 1.1.010 1.4-1.• SUMS ,011.1/0 111•04, 110101 P0.10 5041 010K 1000.0,0 11.00. [0.001011000 uu Aka 0.0.010 10 Rom. GENERAL DEMOLITION NOTES .17=e1A5 A'rePrcrstgr..Z.j..%=":11..P. Zg.:=c"' -C) NPR -e TD maw ".„.v•ma 111,e0 J.0.ry.13 11000 100,0110U 10 0,101 GENERAL CTRICAL DEMOLLICH NOTE': • roe ,orrorc000 moron rho orrocr. 000r rorrorr orr ar:r :Gorr roo coo, rarro. -oo o„roor o. oororo,,r, 'row. rooro.ro, ocor rrororo 000ro rooroo., orro.ororo, ror, c rwr rrrom rnrro so., or rrrr op or erroo. ror ror.„ aoroo.,r, rr.cor or, orror For touroarm Kr. norwro too ror, won. rrrro orr, Go.aro. rot orr„ so.orr, riox • ror srorcso rer.o or.o.co. norm c rrro,rF orr .orr orcr ,orr our roo ook oo orr,00 „ goo, DEMOLITION- (IyAEZZANINE PLAN +.4. DEMOLITION - ()MEZZANINE PLAN rm. • r-e, .80, MC 7 ; 11[51011. 1 1 ILDING 1/Ahb0 NS SOL STORE M-0322 INCIAMAIVX VM LA a ws« a -arn _J imi ROOM ®■ •(j54 OM �- 1 la i ■M SEE Imp it i.0 e1 I le II .� r. i• — I IN v 1 N 1 9 n P 1 i1 0 1 1 ILDING 1/Ahb0 NS r PILMM City of National City, California COUNCIL AGENDA STATEMENT EETING DATE FEBRUARY 7, 2006 AGENDA ITEM NO. 18 ITEM TITLE WARRANT REGISTER #27 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 / Ratification of Warrant Register #27 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance ector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 820,601.61 BOARD / COMMISSION RECOMMENDAT}iON ATTACHMENTS ( Listed Below ) 1. Warrant Register #27 2. Workers Comp Warrant Registers dated 1/4/06 3. A-200 19 99, Resolution No. Payee DIXIELINE LUMBER CO. SPOONER'S WOODWORK'S INC. ACCOUNTEMPS ACCOUNTEMPS ACCOUNTEMPS AMERICAN FORENSIC NURSES ASBURY ENVIRONMENTAL SERVI CAFE LA MAZE CALIFORNIA COMMERCIAL POOL CEB :,HILDREN'S HOSPITAL CHOICEPOINT CITY OF CHULA VISTA CITY OF EL CAJON CITY-WIDE ELECTRONICS CLARK CLEAN HARBORS CONRAD AND ASSOCIATES, LLP CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CSMFO D-MAX ENGINEERING INC DANIELS DAPPER TIRE COMPANY DELL MARKETING CORP City of National City WARRANT REGISTER #27 1/10/06 Description chk no MOP 45707-MASTER PADLOCK 200170 WORK COMPLETE LAMINATE COUNTER TOP 200171 TEMP SRVCS MARY-JO REBELEZ W/E 12/23/05206003 TEMP SRVCS PATRICK MORRIS W/E 12/23/05 206004 TEMP SRVCS PATRICK MORRIS W/E 12/16/05 206005 SUSPECT BLOOD WITHDRAWALS, URINE TEE 206006 USED OIL/MIXED OILS INTERVIEW LUNCHEONS MAY THRU SEP 200 206008 NOV 2005 SRVCS-RENOVATION OF COMMU P 206009 CEB- CA SUBDIVISION MAP ACT 206010 CHILD SEXUAL ABUSE EXAMS AS NEEDED Fi20601 I AUTO TRACK DATABASE - UNLIMITED ACCE206012 SEP 2005 ANIMAL SHELTER COSTS TECH PERSONNEL SERVICES 10/12/05 QUARTERLY MONITORING FOR SECURITY A] 206015 RETIREE HEALTH BENEFITS JAN 2006 206016 HAZARDOUS WASTE PICK UP FOR FISCAL YE206017 3RD PROGRESS BILLING IN CONNECTION W/ 206018 MOP 45704-TONER CRTRG PERMIT RENEWAL/EMERGENCY GENERATOI206020 GENERAL HAZARDOUS MATERIALS/POOL 206021 CSMFO ADVERTISING/FINANCE DIRECTOR 206022 T&A#951 PARADISE WALK/HYDROLOGY STU 206023 T&A#971 2822 N AVENUE/PERFORMANCE REI206024 TIRES 206025 INV#J87480100-DELL POWEREDGE chk date amount 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 206007 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 206013 1/10/06 206014 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 206019 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 206026 1/10/06 2.92 1,400.00 1,369.00 1,358.40 1,358.40 480.00 80.00 218.41 106,099.20 93.23 1,450.00 100.00 8,265.51 102.55 195.00 125.00 1,412.00 7,975.00 121.75 400.00 384.00 136.00 7,429.00 150.00 599.57 23,996.58 City of National City WARRANT REGISTER # 27 1/10/06 Payee' DIXIELINE LUMBER CO. EAGLE EDCO DISPOSAL CORPORATION ENTERTAINMENT PUBLICATIONS I EXPRESS PRINTING EXPRESS PRINTING FEDEX FROMEX PHOTO & STUDIO GORDON GRUBB HARRIS & ASSOCIATES HARRIS & ASSOCIATES HARRIS & ASSOCIATES HART'S AUTO SUPPLY HINCKS HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS INC. ICMA INSIGHT PUBLIC SECTOR IRON MOUNTAIN RECORDS MGMT JAYNES CORPORATION JAYNES CORPORATION OF AMERIC KILLACKY, KEVIN KING MICHAEL LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES Description chk no MOP 45707 BATTERIES FOR TASERS 206027 VIDEO MACHINE & VEHICLE PERMIT DECAL 206028 SRVCS FOR CLEAN UP EVENT OCT 15, 2005 206029 PROMOTIONAL ACTIVITIES ACCT#119518-9 206030 BUSINESS LIC & RES. RENTAL TAX RENEWA1206031 BUSINESS LICENSE APPLICANT COVER LETT 206032 TECH PERSONNEL SERVICES 206033 MOP 67534 FILM DEVELOPING REPRINTS EDUCATIONAL REIMBURSEMENT 206034 206035 REFUND OVRPMNT OF CITATION#NC1510110.206036 T&A#902 900-910 MANCHESTER/MAP CHECKI206037 T&A#951 PARADISE WALK/MAP CHECKING 206038 NOV 2005 SRVCS-SYSTEM UPDATE TRAFFIC ;206039 206040 206041 206042 206043 206044. 206045 206046 BRAKE PARTS REFUND OF CITATION DISMISSED #P55607 EMPLOYEE ASSISTANCE PROG DEC 2005 MOP 45720 - IRRIGATION PARTS ICMA ADVERTISING FINANCE DIRECTOR INV#110285437-PANASONIC LAPTOPS STORAGE FEES FOR JANUARY 31, 2006 NOV ESCROW RETENTION ACCT#2010160619 206047 NOV 2005 SRVCS-CONSTRCTN OF LIBRARY 206048 125 PLAN REIMBURSEMENT/KILLACKY KEVI206049 125 PLAN REIMBURSEMENT/KING MICHAEL 206050 MOP 45725 TONER FOR HP 2300 206051 MEMBERSHIP DUES FOR CALENDAR YR 2006 206052 2006 LEAGUE LUNCH DUES 206053 chk date amount 1/10/06 624.12 1/10/06 520.43 1/10/06 6,062.21 1/10/06 288.00 1/10/06 201.49 1/10/06 109.04 1/10/06 32.02 1/10/06 19.24 1/10/06 202.17 1/10/06 35.00 1/10/06 925.10 1/10/06 55.00 1/10/06 525.00 1/10/06 404.00 1/10/06 35.00 1/10/06 920.06 1/10/06 92.29 1/10/06 300.00 1/10/06 244,092.70 1/10/06 100.00 1/10/06 8,403.00 1/10/06 159,657.80 1/10/06 1,644.00 1/10/06 501.00 1/10/06 323.04 1/10/06 16,846.00 1/10/06 450.00 2 Payee LEXIS-NEXIS MAIN ST. ANIMAL HOSPITAL City of National City WARRANT REGISTER # 27 1/10/06 Description CA CODES 6-IN-1 2006 EDITION BOOK chk no chk date 206054 1/10/06 MEXICAN AMERICAN BUSINESS & MABPA 2006 ANNUAL MEMBERSHIP FEE/GBF206056 MJC CONSTRUCTION MORA N C CHAMBER OF COMMERCE NAPA AUTO PARTS OFFICE TEAM OFFICE TEAM OLIVARES ORIENTAL TRADING, CO., INC. 'ORAC LEGAL DEFENSE FUND POWELL PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM REED ROJAS SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO INDUSTRIAL SEAL VET CARE FOR POLICE K9 DOGS AS NEEDED 206055 1/10/06 1/10/06 CNSTRCTN 1ST PHASE -PARADISE CREEK PR1206057 1/10/06 125 PLAN REIMBURSEMENT/MORA SERGIO 206058 1/10/06 CITY ENHANCEMENT FUND JAN 2006 206059 1/10/06 206060 1/10/06 TEMP EMPLOYEE JOSEPH OLSON W/E 12/09/0.206061 1/10/06 TEMP EMPLOYEE JOSEPH OLSON W/E 12/16/0.206062 1/10/06 125 PLAN REIMBURSEMENT/OLIVARES GLOR206063 1/10/06 RESIN SANDWICH COOKIE ORNAMENT; 206064 1/10/06 LEGAL DEFENSE FUND FOR RESERVE OFFICI206065 1/10/06 206066 1/10/06 206067 1/10/06 SERVICE PERIOD 01-06-3 206068 1/10/06 EDUC REIMB/FIRE MGMT 2D/REED WILLIAM 206069 1/10/06 125 PLAN REIMBURSEMENT/ROJAS G LIZZA 206070 1/10/06 206071 1/10/06 206072 1/10/06 206073 1/10/06 206074 1/10/06 206075 1/10/06 206076 1/10/06 206077 1/10/06 206078 1/10/06 SDIRC 2006 ANNUAL MEMBERSHIP FEE/GVR3,206079 1/10/06 REIMB MILEAGE -SOLID WASTE MEETING 12/206080 1/10/06 MOP 45735 OIL FILTERS/ AIR FILTERS EDUCATIONAL REIMBURSEMENT MOP 45742 LAUNDRY SERVICE FOR PD ELECTRIC BILL/FACILITIES#86482714057 ELECTRIC BILL/FACILITIES#68199629265 ELEC BILL FACILITIES # 9428290992 7 ELECTRIC BILL/FACILITIES#10439934345 ELECTRIC BILL/STREET#76860974845 ELECTRIC BILL/STREET#07385071072 ELEC BILL/STREET #27985377588 ELEC BILL/STREET #87271426986 amount 93.61 50.76 250.00 67,500.00 269.88 4,995.83 212.80 959.20 767.36 342.00 22.75 84.00 180.00 312.58 62,831.56 140.00 295.00 7,765.99 3,838.54 3,432.51 1,293.93 1,264.55 128.17 45.06 23.81 160.00 11.45 City of National City WARRANT REGISTER # 27 1/10/06 Payee SORIANO SOUTH BAY VOLKSWAGEN STRATACOM SUN BADGE COMPANY INC. SUN TRUST SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY THE STAR NEWS U.S. HEALTHWORKS U.S. HEALTHWORKS U.S. HEALTHWORKS UNDERGROUND SERV ALERT UNION TRIBUNE PUBLISHING CO VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT VULCAN MATERIALS COMPANY WEST GROUP PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES ARCO GASPRO PLUS BJ'S RENTALS NATIONAL CITY BUCK PETROLEUM CO CINTAS CORPORATION #694 COLORALL TECHNOLOGIES DIXIELINE LUMBER CO Description chk no 125 PLAN REIMBURSEMENT/SORIANO GABW206081 REFUND OF T.U.P. APPLICATION MEA TIMESHEETS MOP 45761 SUNTONE BADGES NEW FIRE TRUCK RNTAL PMT#23 01/30/06 WATER BILLS/STREET 3 ACCOUNTS WATER BILLS/SEWER#920-3000-0 WATER BILLS/PARK#920-6000-0 206082 206083 206084 206085 206086 206087 206088 PROOF OF PUBLCTN/VOLUNTEER OPPORTUI`206089 MEDICAL SRVCS/DOT DRUG & ALCOHOL TEE206090 MEDICAL SERVICES -PRE -EMPLOYMENT PHY206091 MEDICAL SERVICES/DOT EXAM 11/21/05 149 NEW TICKETS (@,, 1.55 EACH ONE YR SUBSCRIPTN ACCT#1199845/H.R. MOP 46453 - PLUMBING GRAFFITI PAINT ASPHALT FOR FISCAL YEAR 2006 CA CIVIL CODE BOOKS MOP 63850 - VALVE PLUG MOP 45763 - CABLES R2(40) SPEED LIMIT 40 24X30 .080 ALUM FUEL FOR STAFF VEHICLES 3 DRILL FOR BUS STOP POLES INSTALL MOTOR OIL BOOTS - HECTOR DIAZ BUS ACCIDENT REPAIRS SHOP SUPPLIES 206092 206093 206094 206095 206096 206097 206098 206099 206100 206101 206102 206103 206104 206105 206106 206107 chk date amount 1/10/06 1,496.34 1/10/06 65.00 1/10/06 677.97 1/10/06 289.84 1/10/06 5,009.63 1/10/06 330.02 1/10/06 71.74 1/10/06 14.98 1/10/06 61.50 1/10/06 775.00 1/10/06 220.00 1/10/06 55.00 1/10/06 230.95 1/10/06 156.00 1/10/06 231.49 1/10/06 726.80 1/10/06 122.89 1/10/06 1,249.67 1/10/06 21.41 1/10/06 377.00 1/10/06 804.89 1/10/06 423.28 1/10/06 108.30 1/10/06 1,078.66 1/10/06 52.19 1/10/06 1,050.00 1/10/06 19.37 4 Payee EXXONMOBIL/GECC City of National City WARRANT REGISTER # 27 1/10/06 Description FUEL FOR STAFF VEHICLES JANKOVICH COMPANY DIESEL FUEL KAMAN INDUSTRIAL TECHNOLOGI 001 GAT- AIR HOSE M&M PLASTICS MYERS TIRE SUPPLY COMPANY NATIONAL CITY PUBLIC LIBRARY NEW FLYER PARTS NORTHWEST PUMP & EQUIPT CO PARADISE VALLEY HOSPITAL PRINCIPAL FINANCIAL GROUP PRUDENTIAL INSURANCE iEGIONAL COMMUNICATIONS SY SAFETY-KLEEN SYSTEMS, INC. SAN DIEGO BUS DRIVERS UNION SAN DIEGO COUNTY SHERIFF SAN DIEGO FRICTION PROD. SAN DIEGO GAS & ELECTRIC SAN DIEGO TRANSIT CORPORATIO SBC UNIVERSITY COMMUNICATIONS,I chk no 206108 206109 206110 10 - FABRICATE DECAL, CUSTOM NATIONAL 206111 SHOP SUPPLIES AS NEEDED FOR FY06 LIBRARY CONTRIBUTION PPE 12/24/05 BUS PARTS AS NEEDED FOR FY06 FUEL PUMP REPAIRS MEDICAL SERVICES - CHUCK ARYAVONG 401K PPE 12/24/05 LIFE INSURANCE - JAN. '0.6 RCS RADIO NETWORK - DEC. '05 WASTE REMOVAL UNION DUES - DEC. '05 206112 206113 206114 206115 206116 206117 206118 206119 206120 206121 PAYROLL PPE 12/24/05 - EVELLINNE ALCANT.206122 BUS PARTS AS NEEDED FOR FY06 ELECTRIC 11/29/05 - 12/29/05 ADULT MONTHLY BUS PASS PHONE SERVICE 12/5/05 1/04/06 CHILD SAFETY MESSAGES 206123 206124 206125 206126 206127 chk date 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 1/10/06 amount 2.49 15,317.21 19.16 86.20 7.00 29.85 873.08 3,103.22 45.00 2,465.73 246.45 583.00 1,568.68 1,139.20 145.00 2,281.91 2,100.84 120.00 295.46 165.00 Total Workers compensation checks 11035 1/4/06 11036 1/4/06 11037 1/4/06 11038 1/4/06 11039 1/4/06 $ 812,254.97 47.50 47.60 730.02 18.70 704.96 5 City of National City WARRANT REGISTER # 27 1/10/06 Payee Description chk no chk date amount 11040 1/4/06 10.32 11041 1/4/06 33.00 11042 1/4/06 25.40 11043 1/4/06 29.65 11044 1/4/06 108.99 11045 1/4/06 60.98 11046 1/4/06 4,215.93 11047 1/4/06 57.80 11048 1/4/06 156.84 11049 1/4/06 366.65 11050 1/4/06 250.00 11051 1/4/06 400.00 11052 1/4/06 32.30 11053 1/4/06 400.00 11054 1/4/06 280.00 11055 1/4/06 370.00 Total $ 8,346.64 Grand Total 820,601.61 TRANSIT WARRANTS CHECK#206102-206127 26 CHECKS $ 33,326.28 6 City of National City WARRANT REGISTER #27 1/10/06 001 GENERAL FUND 129,512.36 105 PARKS MAINTENANCE FUND 180.59 109 GAS TAXES FUND 1,329.89 125 SEWER SERVICE FUND 324.10 131 ASSET FORFEITURE FUND 198,737.50 172 TRASH RATE STABILIZATION FUND 1,412.00 208 SUPP.LAW ENFORCEMENT SVCS FUN 27,971.33 212 PERSONNEL COMPENSATION FUND 125.00 241 NATIONAL CITY LIBRARY STATE GR 109,239.52 242 N. CITY LIBRARY MATCHING FUND 58,821.28 250 NEW FIRE STATION CONSTRUCTION 1,402.92 282 REIMBURSABLE GRANTS CITYWIDE 23,848.50 301 GRANT-C.D.B.G. 11,265.11 302 CDC PAYMENTS 306.82 303 CAPITAL FACILITIES FUND 106,099.20 348 STATE GRANT 67,500.00 552 TDA 33,326.28 626 FACILITIES MAINT FUND 17,213.74 627 LIABILITY INS. FUND 8,446.64 628 GENERAL SERVICES FUND 2,621.14 632 GENERAL ACCOUNTING SERVICES 12,068.95 643 MOTOR VEHICLE SVC FUND 1.64 723 PROMO ITEMS FOR EMPLOYEE BEN 288.00 726 ENGINEERING/PUBLIC WORKS T & A 8,559.10 TOTAL 820,601.61 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. FINANCED TOR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, MEMBER I 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 7th DAY OF FEBRUARY 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT EETING DATE FEBRUARY 7, 2006 AGENDA ITEM NO. 19 (-ITEM TITLE WARRANT REGISTER #28 PREPARED BY DEPARTMENT Finance EXPLANATION City Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #28 per Government Section Code 37208. 1 Environmental Review N/A Financial Statement Not applicable. Approved By: Finances rector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,326,430.10 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #28 2. Workers Comp Warrant Registers dated 1/11/06 3. Payroll register dated 1/11/06 A-200 ,9.99 Resolution No. ABC CLIO, INC. AMAZON.COM CREDIT BAKER & TAYLOR BOWKER CITY OF NATIONAL CITY CONGRESSIONAL QUARTERLY I MIDWEST TAPE OMNIGRAPHICS, INC. THOMSON GALE THOMSON WEST .S. POSTMASTER City of National City WARRANT REGISTER # 28 1/17/06 Description chk no chk date amount BOOKS 206128 1/17/06 63.66 BOOKS 206129 1/17/06 138.69 BOOKS 206130 1/17/06 381.87 BOOKS 206131 1/17/06 280.40 BOOKS(OUT OF STATE SALES TAX) 206132 1/17/06 28.88 BOOKS 206133 1/17/06 200.50 PHOTOGRAPHIC SUPPLIES 206134 1/17/06 1,068.62 BOOKS 206135 1/17/06 60.14 BOOKS 206136 1/17/06 316.51 BOOKS 206137 1/17/06 93.74 POSTAGE 206138 1/17/06 444.00 WORLD BOOK SCHOOL AND LIBRARY BOOKS 206139 1/17/06 882.47 AAA RADIATOR WAREHOUSE AUTOMOTIVE PARTS (RADIATORS, HEATER 206140 1/17/06 312.51 ADDICTION MEDICINE CONSULTANTS MEDICAL SRVCS DEC 31, 2005-JUN 30, 2006 206141 1/17/06 775.00 ADDICTION MEDICINE CONSULTANTS MEDICAL SRVCS JUL 1, 2005-DEC 31, 2005 206142 1/17/06 750.00 ALEXANDER'S LEGAL SEMINARS REV#32 FOR SD CIVIL LITIGATION MANUAL 206143 1/17/06 36.30 AMERICAN FORENSIC NURSES SUSPECT BLOOD WITHDRAWALS, URINE TEST: 206144 1/17/06 1,316.00 AMERICAN ROTARY BROOM CO., INC MOP 62683 - SWEEPER PARTS 206145 1/17/06 784.57 ARNETT CONSTRUCTION T&A#853 910 HIGHLAND AVE PROJECT 206146 1/17/06 26,635.00 AT&T AT&T BUSINESS SRVCS #050 777-2898001 206147 1/17/06 83.71 BOHDAN & DOUCETTE LLP PROF SRVCS RENDERED THROUGH 1/6/06 206148 1/17/06 6,578.00 BOOT WORLD MOP 64096-BOOTS/ACOSTA INV#1025316-TN 206149 1/17/06 541.90 C A P F FIRE/LTD JANUARY 2006 206150 1/17/06 640.00 CALIFORNTA ANIMAL CONTROL 2006 MEMBERSHIP DUES 206151 1/17/06 150.00 .,ALIFORNIA LAW ENFORCEMENT PD/LTD JAN 2006 206152 1/17/06 1,521.00 CAREER TRACK TECH PERSONNEL SERVICES 206153 1/17/06 25.00 CCH INCORPORATED MILLER GOVERMNTL GAAP BOOK 2006/TESS L. 206154 1/17/06 ' 186.54 1 CHOICEPOINT AUTO TRACK DATABASE - UNLIMITED ACCES: 206155 1/17/06 100.00 CINGULAR WIRELESS WIRELESS DATANOICE SRVC #0045535344 206156 1/17/06 2,527.87 CINGULAR WIRELESS WIRELESS DATANOICE SRVC #113782899 206157 1/17/06 128.39 CINGULAR WIRELESS WIRELESS DATANOICE SRVC #043-741264 206158 1/17/06 26.38 CITY CLERKS ASSOCIATION OF CA CITY CLERKS ANNUAL MEM DUES 2005-2006 206159 1/17/06 160.00 COLLINS STRATEGIC GROUP, INC. CPRC-CONSULTANT 206160 1/17/06 1,843.75 CONSTRUCTION ELECTRONICS INC. JAN 2006 MAINT OF KEY CARD SYSTEM 206161 1/17/06 843.55 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 206162 1/17/06 24.71 CORPORATE EXPRESS FAX MACHINE, LASER - CORPORATE EXPRESS 206163 1/17/06 724.07 COUNTY OF SAN DIEGO PREHOSPITAL CONTINUING EDUC COORDINAI 206164 1/17/06 400.00 COUNTY OF SAN DIEGO, RCS DEC 2005 RCS RADIO SERVICE AND MAINT 206165 1/17/06 8,718.50 D-MAX ENGINEERING INC T&A#1010 3131 HOOVER AVE COMBINED PLAN 206166 1/17/06 517.00 DELTA DENTAL DENTAL INS JAN 2006 206167 1/17/06 14,362,00 DELTACARE (PMI) DENTAL INS PMI JAN 2006 206168 1/17/06 3,060.50 DEPARTMENT OF CONSERVATION S.M.I.P. FEES, OCT. 1, TO DEC. 31-2005 206169 1/17/06 1,180.20 DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING FOR NOVEMBER 2005 206170 1/17/06 2,858.03 DIXIELINE LUMBER CO. MOP 45707 - GRINDER 206171 1/17/06 188.42 DREW FORD MOP 49078 - SEAL 206172 1/17/06 28.88 EAGLE YEAR LABELS, "2008", 500/LOT 206173 1/17/06 206.44 EMCO INDUSTRIES, INC. CLEANER, DISINFECTANT TC-D 206174 1/17/06 182.62 ENVIRONMENTAL HAZARDS, SERVICES LEAD WIPE SAMPLES ANALYZED 39 INVOICES 206175 1/17/06 702.00 ESGIL CORPORATION INV. FOR PLAN CHECK SERVICES. 206176 1/17/06 9,537.76 EXPRESSTEL LONG DISTANCE SRVCS #24303871 206177 1/17/06 143.58 FEDEX MAILED LEAD SAMPLES TO EHS 12/12/05 206178 1/17/06 40.90 FEDEX GRANT SENT BY FEDEX TO HUD 12/06/05 206179 1/17/06 17.74 FLEET SERVICES, INC MOP 67804 - FLEET KIT 206180 1/17/06 96.36 FON-JON KENNELS KENNEL FOR POLICE K9'S WHILE HANDLERS 206181 1/17/06 125.00 FORTIS BENEFITS VTL JANUARY 2006 206182 1/17/06 2,345.91 FORTIS BENEFITS INSURANCE CO MGMT/LTD JAN 2006 206183 1/17/06 3,530.94 FORTIS BENEFITS INSURANCE CO LIFE INS JAN 2006 206184 1/17/06 1,984.56 FORTIS BENEFITS INSURANCE CO STD/LTD JAN 2006 206185 1/17/06 7,772.60 HARRIS & ASSOCIATES T&A#930 CYPRESS GLEN CONDO MAP CHECKIt 206186 1/17/06 1,783.93 HEALTH NET HEALTH INS JAN 2006 57135A 206187 1/17/06 57,826.45 HEALTH NET HEALTH -ELECT INS JAN 2006 85027A 206188 1/17/06 2,857.11 2 HEALTH NET HEALTH NET HEALTH NET 1.S PACIFIC, INC. JUDD ELECTRIC HEALTH-RET INS 57135F JAN 2006 HEALTH-RET INS 85027B JAN 2006 HEALTH NET 57135J JAN 2006 JIM McCOY BUILDING INSPECTOR FEES. EMERGENCY ADJUSTMENT TO PUMPS AT 24TH KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE JAN 2006 KAISER FOUNDATION HEALTH PLANS KAISER INS RETIREES JAN 2006 KILLACKY, KEVIN KLEINFELDER, INC. LAFRENIERE LEXIS-NEXIS LEXIS-NEXLS MBIA MUNISERVICES COMPANY MULTI -BANK SERVICES LTD MX LOGIC, INC NAPA AUTO PARTS NEXTEL COMMUNICATIONS EXUS INTEGRATED SOLUTIONS NEXUS IS, INC. EDUCATIONAL REIMBURSEMENT DEC 18, SRVCS-SWIMMING POOL RENOVATION EDUCATIONAL REIMBURSEMENT ONLINE CHARGES FOR DEC 2005 CA DEER DESKTOP CODE SET 2006 BIB 7N4 CONSULTING SERVICES PROVIDED SRVC CHRGS-CAROLINA TRUST BANK EMAIL PROTECTION, ANTI-SPAM PROTECTION; MOP 45735 - AIR FILTER WIRELESS SRVC #481082028 JAN-MAR 2006 MAINT FOR TELECOM NEC2400 MOVE, ADD AND CHANGE PHONE LINES AND NORTHROP GRUMMAN CORPORATION BASIC SOFTWARE MAINTENANCE - RECORD OFFICE TEAM OFFICE TEAM OFFICE TEAM P & D CONSULTANTS PACIFIC AUTO REPAIR POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY PUROR REEDER SAN DIEGO PET & LAB SUPPLY SBC/MCI ,BC/MCI SBC/MCI SDCBA TEMP EMPLOYEE WILLIAMS LEON W/E 12/23/05 TEMP SRVCS WILLIAMS, LEON W/E 12/09/05 TEMP EMPLOYEE WILLIAMS LEON W/E 12/16/05 INV#3818 HOUSING ELEMENT SEP TO DEC 2005 206189 1/17/06 2,381.63 206190 1/17/06 861.04 206191 1/17/06 571.80 206192 1/17/06 7,169.70 206193 1/17/06 140.00 206194 1/17/06 96,265.13 206195 1/17/06 1,091.04 206196 1/17/06 140.00 206197 1/17/06 552.00 206198 1/17/06 140.00 206199 1/17/06 379.47 206200 1/17/06 227.68 206201 1/17/06 11,766.41 206202 1/17/06 99.54 206203 1/17/06 441.00 206204 1/17/06 115.79 206205 1/17/06 67.25 206206 1/17/06 5,104.08 206207 1/17/06 476.00 206208 1/17/06 31,953.00 206209 1/17/06 924.00 206210 1/17/06 1,691.36 206211 1/17/06 623.70 206212 1/17/06 16,142.75 SMOG CHECKS FOR CITY VEHICLES AS NEEDEI 206213 MOP 67839 - BAIIERY MOP 45742 -UNIFORMS - EQUIPMENT T&A#1009 2020 HOOVER AVENUE PROJECT EDUCATIONAL REIMBURSEMENT MOP 45753-K9 SUPPLIES VOICE & DATA #C604497549555 VOICE & DATA # 1365370 COMMUNICATION #619 4779738 6438 SDCBA SEMINAR/CLAUDIA G. SILVA 206214 206215 206216 206217 206218 206219 206220 206221 206222 1/17/06 1/17/06 1/17/06 1/17/06 1/17/06 1/17/06 1/17/06 1/17/06 1/17/06 1/17/06 871.50 181.32 149.53 500.00 1,200.00 296.79 7,341.08 61.37 173.22 25.00 3 SOCIAL SCIENCE RESEARCH LAB, SOUTHLAND AUTO BODY SOUTHWEST SIGNAL SERVICE, INC. SWEETWATER AUTHORITY THE STAR NEWS THE STAR NEWS TOTAL TEMPERATURE TYLER TECHNOLOGIES, INC US STERLING CAPITAL CORP VERIZON WIRELESS WESTFLEX INDUSTRIAL RAMADA INN BURBANK AIRPORT OPERAT. ACCT # 901086P11385730220 BODY AND PAINT REPAIR FOR CITY VEHICLES DEC 2005 TRAFFIC SIGNAL, STREET LIGHTING WATER BILLS/STREET 19 ACCOUNTS PROOF OF PUBLICATION 12/16/05 LEGAL ADVERT MEETING HEARING 1/09/06 ST80 PRO-25 LASER/FOR NC STREET RESURF DEFERRED SUPPORT PLUS - 2006 ANNUAL TRADE SETTLING CHRGS 11/9/05-11/25/05 MOBILE SRVCS #970467631-00001 MOP 63850 - HANDLE VALVE ADV LODGING/JOSE TELLEZ RAMADA INN BURBANK AIRPORT ADV LODGING/LANNY ROARK ROARK TELLEZ THE LAPD REVOLVING TRAINING THE LAPD REVOLVING TRAINING AT SYSTEMS WEST INC AVAYA, INC BAYSHORE TRANSIT MGMT INC CINTAS CORPORATION #694 CONRAD AND ASSOCIATES, LLP COPY POST PRINTING CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DIXIELINE LUMBER CO FIRST ADVANTAGE CORPORATION GREAT AMERICAN INSURANCE CO KIWANIS CLUB OF NATIONAL CITY MYERS TIRE SUPPLY COMPANY ADV MEALS/MILEAGE-WEST POINT LDRSHP ADV MEALS/MILEAGE-WEST POINT LDRSHP ADV TUITION/JOSE TELLEZ ADV TUITION/LANNY ROARK MONEY TRUCK - JAN. '06 PHONE AGREEMENT 12/02 - 01/01/06 PAYROLL CK DTD 01/13/06 MA1NT LAUNDRY SERVICE AUDITING SERVICE 2ND PROGRESS BILLING AREA ROUTE MAPS OFFICE SUPPLIES PAYROLL PPE 01/07/06 - JOSE VASQUEZ PAYROLL PPE 01/07/05 - SHERRY LOGEL SHOP SUPPLIES RANDOM SELECTIONS WORKER COMP INSUR. MEMBERSHIP DUES - NOV. & DEC. AUTO PARTS NATL CITY CHAMBER OF COMMERCE ADVERTISING PRE -PAID LEGAL SERVICES INC PRINCIPAL FINANCIAL GROUP PRE -PAID LEGAL SERVICES 401K PPE 01/07/06 206223 1/17/06 18,500.00 206224 1/17/06 812.27 206225 1/17/06 6,723.91 206226 1/17/06 5,409.38 206227 1/17/06 253.69 206228 1/17/06 84.56 206229 1/17/06 294.00 206230 1/17/06 36,554.86 206231 1/17/06 199.08 206232 1/17/06 46.68 206233 1/17/06 45.11 206234 1/17/06 418.00 206235 1/17/06 418.00 206236 1/17/06 268.04 206237 1/17/06 268.04 206238 1/17/06 710.00 206239 1/17/06 710.00 206240 1/17/06 384.95 206241 1/17/06 46.88 206242 1/17/06 55,714.42 206243 1/17/06 128.34 206244 1/17/06 9,000.00 206245 1/17/06 643.75 206246 1/17/06 418.26 206247 1/17/06 50.00 206248 1/17/06 23.04 206249 1/17/06 53.11 206250 1/17/06 395.00 206251 1/17/06 16,155.92 206252 1/17/06 124.00 206253 1/17/06 19.40 206254 1/17/06 100.00 206255 1/17/06 779.05 206256 1/17/06 2,713.27 4 SAN DIEGO BUS DRIVERS UNION SOUTH COAST MEDICAL CLINIC STATE OF CALIFORNIA WEETWATER AUTHORITY THE STAR NEWS UNION TRIBUNE PUBLISHING CO. UNION DUES - JAN. 06 PRE -EMPLOYMENT DRUG & ALCOHOL SCREEI+ PAYROLL PPE 01/07/06 - DIANNE BUCKINGHAM WATER 10/26/05 - 12/28/05 AD FOR BUS OPERATORS AD FOR BUS OPERATOR UNISOURCE MAINTENANCE SUPPLY 7ANITIORIAL SUPPLIES Total Workers compensation checks 206257 1/17/06 1,122.40 206258 1/17/06 72.00 206259 1/17/06 73.36 206260 1/17/06 1,665.18 206261 1/17/06 46.20 206262 1/17/06 305.00 206263 1/17/06 350.23 523,364.72 11056 1/11/06 495.00 11057 1/11/06 495.00 11058 1/11/06 61.35 11059 1/11/06. 80.68 11060 1/11/06 73.43 11061 1/11/06 9.06 11062 1/11/06 27.84 11063 1/11/06 92.26 11064 1/11/06 88.00 11065 1/11/06 88.00 11066 1/11/06 66.00 11067 1/11/06 22.00 11068 1/11/06 11069 1/11/06 11070 1/11/06 11071 1/11/06 11072 1/11/06 11073 1/11/06 11074 1/11/06 11075 1/11/06 11076 1/11/06 11077 1/11/06 11078 1/11/06 162.51 11079 1/11/06 162.51 88.00 88.00 110.00 144.85 291.84 24.36 25.86 21.33 58.12 72.25 PAYROLL Pay period Start Date End Date Check Date 271 11080 1/11/06 45.24 11081 1/11/06 87.03 11082 1/11/06 45.24 11083 1/11/06 624.69 11084 1/11/06 336.92 11085 1/11/06 59.29 11086 1/11/06 74.32 11087 1/11/06 180.34 11088 1/11/06 59.29 11089 1/11/06 263.08 11090 1/11/06 59.29 11091 1/11/06 71.94 11092 1/11/06 78.40 11093 1/11/06 65.03 11094 1/11/06 67.33 11095 1/11/06 57.00 11096 1/11/06 2,687.50 11097 1/11/06 400.00 11098 1/11/06 320.00 11099 1/11/06 12.92 11100 1/11/06 761.05 11101 1/11/06 2,361.68 11102 1/11/06 147.94 11103 1/11/06 400.00 11104 1/11/06 12.92 Total 12,126.69 Total 535,491.41 12/20/05 1/2/06 1/11/06 Total 790938.69 GRAND TOTAL 1,326,430.10 LIBRARY WARRANTS CHECK#206128-206139 12 CHECKS $3,959.48 TRANSIT WARRANTS CHECK#206240-206263 24 CHECKS $90,383.76 6 City of National City Warrant Register # 28 1/17/06 001 GENERAL FUND 104 LIBRARY FUND 862,880.21 105 PARKS MAINTENANCE FUND 25,325.48 108 LIBRARY CAPITAL OUTLAY 109 17,856.90 GAS TAXES FUND 2,446.86 111 P.O.S.T. FUND 3,808.22 120 2,792.08 125 PLAN CHECKING REVOLVING FUND SEWER SERVICE FUND 154 16,707.46 STATE PUBLIC LIBRARY FUND 20,497.97 159 255.77 171 GENERAL PLAN UPDATE RESERVE DISTRICT CNTRCT 16,142.75 LIBRARY SCHOOL 172 1,837.40 191 TRASH RATE STABILIZATION FUND STOP PROJECT 1,967.89 211 1,613.25 REGULATION FUND 212 SECURITY AND ALARM206.44 PERSONNEL COMPENSATION FUND 222 108.00 WOW MOBILE GRANT FY 2000-2001 230 1,500.24 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 1,597.84 254 1,246.95 27° LEAD -BASED PAINT HAZARD REDUCTION GRANT 8,975.92 2`_ CBAG-MAJOR MEXICAN TRAFFICKERS LITERACY SERVICES YEAR 2 4,250.14 280 574.22 301 AMERICORPS/CNCS YEAR 2 GRANT .D.B.G. 2,853.24 GRANT-C 302 CDC PAYMENTS 7,384.65 303 CAPITAL FACILITIES FUND 29,125.76 307 PROPOSITION A" FUND 552.00 552 TDA 5,788.10 626 FACILITIES MAINT FUND 90,383.76 627 LIABILITY INS. FUND 628 17,386.23 GENERAL SERVICES FUND 12,126.69 629 5,085.93 630 INFORMATION SYSTEMS MAINTENANC OFFICE EQUIPMENT DEPRECIATION 75,210.28 631 8,718.50 632 TELECOMMUNICATIONS REVOLVING GENERAL ACCOUNTING SERVICES 18,360.64 543 MOTOR VEHICLE SVC FUND 11,601.95 724 COBRA/RETIREE INSURANCE 14,379.97 '26 5,444.48 ENGINEERING/PUBLIC WORKS T & A DEPOSITS Total 29,435.93 1,326,430.10 7 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE S LISTED ABOVE AND HEREBY CERTIFYOFFUNDS FOR THE AYMENT THEREOF CY OF THE DAND FURTHER THAT THETABOVE AVAILABILITYO THE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. PjV FINANCED TOR C (yvfr., CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NLUIS N TFIDAD, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS RRANTS INW RE APP RROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID BY THE CITY COUNCIL ON THE 7th DAY OF FEBRUARY 2006. AYES_ NAYS ABSENT ROSALIE ZARATE, MEMBER City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 AGENDA ITEM NO. 20 (--- ITEM TITLE An Ordinance of the City Council Amending Title 18 of the Municipal Code Reducing Minimum Public Parking Aisle Width and Parking Stall Depth Requirements (Applicant: Westfield Corporation, Inc.) Case File No. A-2004-2. OA— PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council approved the amendment after holding a public hearing on January 17, 2006. The attached ordinance is needed to follow through on that action. Environmental Review X Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance BOARD / COMMISSION RECOMMENDATION N/A ( ATTACHMENTS ( Listed Below ) Ordinance L Resolution No. A-200 (9/99) ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE MUNICIPAL CODE REDUCING MINIMUM PUBLIC PARKING AISLE WIDTH AND PARKING STALL DEPTH REQUIREMENTS APPLICANT: WESTFIELD CORPORATION, INC. CASE FILE NO. A-2004-2 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission and the City Council, 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 amendment. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. All protests, if any, against said amendment to the Municipal Code, and each of them be and hereby are denied and overruled. Section 2. That Section 18.58.310 Table XV of Title 18 of the Municipal Code be amended to read as follows: STANDARD SIZE CAR ;Parking Angle A Parallel Stall Width TABLE XV PARKING TABLE Stall Stall Depth Aisle Width Distance At Bay Side Bay Width D E ! F 9'0"* g 0 f 12'0"** 23'0" I " 21 0 9'0"* 9'6„* 10'0"* 9 0"* 9'6„* 10'0"* 15'0" 15'5" 15'9" 17'3" 17'8" 18'2" 12'0"** 12'0"** 12'0"** 26'3" 27'8" 29'2" 18'0" 19'0" 20'0" Required Increase in Aisle Width for Public Facilities G 27'0" 1' 27'5" 27'9" 29'3" 29'8" 30'2" STANDARD SIZE CAR (Continued) 45° 9'0"* 60° 9'6"* 10'0"* 9'0"* 9'6„* 10'0"* 19'8" 13'0" j 12'7" 32'8" 20'1" 13'0" i 13'4" 33'1" 20'5" 13'0" ! 14'1" 33'5" 21'0" 18'0" i..............10'4" .-.. 39'0" 21'2" 18'0" 11'0" 39'2" 21'5" 18'0" 11'5" 39'5" 70° 9'0„* 9'6„* 10'0"* 21'0" 19'0" 9'6" 40'0" 21'2" 18'5" I 10'1" 39'7" 21'2" 18'0" 10'6" 39'2" 80° 9'0"* 9'6"* 10'0"* 20'3" 20'4" 20'5" 24'0" 9'1" 44'3" 24'0" 9'6" 44'4" 24'0" 10'2" 44'5" 90° 9'0"* 1:8'0" 9,6„* ,f,8,O:x 10'0"* 11r0" 24'0" 24'0" 24'0" 9'0" 43'0" 9'6" 43'0" 10'0" 43'0" * See Sections 18.58.330 and 18.58.340 ** See G & N for public parking facilities. COMPACT SIZE CAR H Parallel I J 8'0"* 30° l 8'0"* 45° 60° 8'0"* K L 8'0" 12'0"** 16'0"/19'0" 15'6" 12'0"** 15'10" 17'0" 12'0"** 11'4" 20'0" 27'6" 29'0" 8'0"* 17'9" 1 7'0"** 9'2" 34'9" 90° 1 8'0"* 16'0" 20'0"** 8'0" 36'0" N Section 3. That the proposed amendment to Title 18 is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect. The amendment is limited to reduce both the minimum parking stall depth of 90 degree parking stalls for standard size cars from 19 feet to 18 feet, and the minimum drive aisle width in public parking facilities (e.g. shopping centers, office buildings) from 27 to 24 feet, which would also be exempt from environmental review. PASSED and ADOPTED this ATTEST: Michael R. Dalla, City Clerk of , 2006. Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 7 2006 AGENDA ITEM NO. 21 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION PREPARED BY George H. Eiser, III 04 DEPARTMENT (Ext. 4221) EXPLANATION Please see attached memorandum. City Attorney Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt Ordinance BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Ordinance Resolution No. A-200 (9/80) J TO: City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Elser, III . City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 Mayor and City Council DATE: January 24, 2006 FROM: City Attorney SUBJECT: Transactions and Use Tax; Placement on June 6, 2006 Ballot California Revenue and Taxation Code Section 7285.9 authorizes the City Council to levy a transactions and use tax (a sales tax) at a rate of 0.25 percent or a multiple thereof, provided the tax is approved by a two-thirds vote of the City Council and by a majority vote of the qualified voters of the city voting in an election on the issue. At the January 17, '2006 City Council Meeting, the Council directed the staff to include on the February 7 agenda a resolution placing a measure on the June 6 ballot for voter approval of a one -cent (one percent) transactions and use tax. In order to proceed, pursuant to Section 7285.9 and other applicable state law, the City Council would first enact an ordinance amending the Municipal Code by adding Chapter 4.60, entitled "Transactions and Use Tax", thereto. Pursuant to Section 36937 of the Government Code, the ordinance would take effect immediately because it relates to taxes for the usual and current expenses of the City. Next, the Council would adopt a resolution ordering the submission of a proposition to the voters at the special municipal election on June 6, 2006, to consider approval of the ordinance. If approved, the ordinance would impose a transactions tax at the rate of one percent of the gross receipts of any retailer from the sale of all tangible personal property sold in the City. The ordinance would also impose a use tax on the storage, use, or other consumption in the City of tangible personal property produced from any retailer at the rate of one percent of the sales price of the property. Certain transactions would be exempted from the tax, such as a sale of property to be used outside the City and which is shipped to a site outside the City. The tax would go into effect October 1, 2006. The tax would be paid in addition to the existing sales tax and would be collected at the same time and in the same manner as the existing sales tax. Because the proposed tax would be a "general tax", the revenues from the tax would go into the City's general fund and could be used for any legal municipal purpose. Finally, the ordinance would require every five years that the Mayor and City Council appoint an independent committee comprised of three experts in financial matters, who would report back to the City Council as to whether the tax should remain in effect for an additional five years, or be placed on the ballot to be extended or repealed by a majority of the voters voting thereon. GHE/gmo GEORGE H. EISER, III City Attorney ® Recycled Paper ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 4.60 TO THE NATIONAL CITY MUNICIPAL CODE TO IMPOSE A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION BE IT ORDAINED by the People of the City of National City as follows: Section 1. That Title 4 of the National City Municipal Code is hereby amended by adding Chapter 4.60 to read as follows: Chapter 4.60 TRANSACTIONS AND USE TAX Sections: 4.60.010 Title 4.60.020 Definitions 4.60.030 Operative date 4.60.040 Purpose 4.60.050 Contract with State Board of Equalization 4.60.060 Transactions tax rate 4.60.070 Place of sale 4.60.080 Use tax rate 4.60.090 Adoption of provisions of state law 4.60.100 Limitations on adoption of State law and collection of use taxes 4.60.110 Permit not required 4.60.120 Exclusion; exemptions 4.60.130 Permissible uses 4.60.140 Amendments 4.60.150 Enjoining collection forbidden 4.60.160 Severability 4.60.170 Independent committee 4.60.010 Title. This chapter shall be known as the "City of National City Transactions and Use Tax Ordinance". This ordinance shall be applicable in the incorporated territory of the City. 4.60.020 Definitions. As used in this chapter, "City" means the City of National City and "tax" means the transactions and use taxes, sometimes also referred to as "sales tax", imposed under the provisions of this ordinance; "tax revenue" and "tax revenues" mean all proceeds of the tax received by the City from the State Board of Equalization. 4.60.030 Operative date. "Operative date" means the first day that the tax is imposed and collected. The operative date shall be October 1, 2006, unless a later operative date becomes effective under the provisions of Section 4.60.050. 4.60.040 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the. requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 4.60.050 Contract with State Board of Equalization. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 4.60.060 Transactions tax rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1 % (one percent) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 2 4.60.070 Place of sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. 4.60.080 Use tax rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1% (one percent) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 4.60.090 Adoption of provisions of state law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 4.60.100 Limitations on adoption of state law and collection of use taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; 3 b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. 4.60.110 Permit not required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 4.60.120 Exclusion; exemptions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law., or the amount of any state - administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of -City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out -of -City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 4 5. For the purposes of subparagraphs 3 and 4 of this subsection B, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs 3 and 4 of this subsection C, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph 7 of this subsection C, a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 5 4.60.130 Permissible uses. The revenues of the tax shall be deposited in the City's general fund and may be used for any legal municipal purpose. 4.60.140 Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 4.60.150 Enioinina collection forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 4.60.160 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 4.60.170 Independent committee. Every five (5) years the Mayor, with approval of the City Council, shall appoint an independent committee comprised of three (3) experts in financial matters, who will report back their recommendation to the Mayor and City Council as to whether the transactions and use tax should remain in effect, or be placed on the ballot to be repealed by a majority of the voters voting thereon. Section 2. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall become effective upon the approval of the tax imposed hereunder by a majority of the voters of the City voting thereon at an election called for that purpose. The "operative date" of the tax imposed hereunder shall be as provided in Section 4.60.030. PASSED and ADOPTED this 7th day of February, 2006. ATTEST: Michael R. Della, City Clerk 6 Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 22 AGENDA ITEM NO. ITEM TITLE An Ordinance of the City Council of the City of National City declaring an emergency pursuant to Article XIII C of the California Constitution, and ordering the submission of a Measure to impose a Transactions and Use Tax (sales tax) in the amount of one percent (1 %) to the qualified voters of the city at the Special Municipal Election to be held on June 6, 2006. PREPARED BY George H. Eiser, 111 (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached Memorandum Environmental Review X N/A Financial Statement Sufficient funds are available to place the measure on the ballot. Account No. STAFF RECOMMENDATION Adopt ordinance BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance Resolution No. A-200 (9/80) City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: FROM: City Attorney SUBJECT: Transactions and Use Tax; Placement on June 6, 2006 Ballot; Declaration of Emergency Mayor and City Council DATE: January 24, 2006 California Revenue and Taxation Code Section 7285.9 authorizes the City Council to levy a transactions and use tax (a sales tax) at a rate of 0.25 percent or'a multiple thereof, provided the tax is approved by a two-thirds vote of the City Council and by a majority vote of the qualified voters of the city voting in an election on the issue. At the January 17, 2006 City Council Meeting, the Council directed the staff to include on the February 7 agenda a resolution placing a measure on the June 6 ballot for voter approval of a one -cent (one percent) transactions and use tax. In order to proceed, pursuant to Section 7285.9 and other applicable state law, the City Council would first enact an ordinance amending the Municipal Code by adding Chapter 4.60, entitled "Transactions and Use Tax", thereto. Pursuant to Section 36937 of the Government Code, the ordinance would take effect immediately because it relates to taxes for the usual and current expenses of the City. Next, the Council would adopt a resolution ordering the submission of a proposition to the votersat the special municipal election on June 6, 2006, to consider approval of the ordinance. The City Manager has presented evidence that the City is facing a structural budget deficit in the magnitude of a $6.7 Million annual shortfall in funding City services, facilities and programs, including public safety services, facilities and programs, which will result in a substantial reduction in those services, facilities and programs unless additional sources of revenue can be found. Article XIII C, Section 2 of the California Constitution requires that a general tax must be approved by a majority vote of the qualified voters of the City voting in an election on the issue, and that said election shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by unanimous vote of the governing body. The proposed ordinance finds, determines and declares that an emergency exists within the meaning of Article 13 C, Section 2 of the California Constitution in that without additional revenues, the City is facing a structural budget deficit in the magnitude of a $6.7 Million annual shortfall in funding City services, facilities and programs, which will result in a substantial reduction in those services, facilities and programs unless additional sources of revenue are found. The proposed ordinance orders the submission of a e Recycled Paper Transactions and Use Tax Declaration of Emergency January 24, 2006 Page 2 measure to impose a Transactions and Use Tax of one percent to the qualified voters of the City at the Special Municipal Election to be held on June 6, 2006. The ordinance would take effect immediately as an ordinance relating to an election, pursuant to Government Code Section 36937(a), and as an urgency ordinance necessary for the immediate preservation of the public peace, health or safety, pursuant to Government Code Section 36937(b). GEORGE H. EISER, III City Attorney GHE/gmo ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING AN EMERGENCY PURSUANT TO ARTICLE XIII C OF THE CALIFORNIA CONSTITUTION, AND ORDERING THE SUBMISSION OF A MEASURE TO IMPOSE A TRANSACTIONS AND USE TAX (A SALES TAX) IN THE AMOUNT OF ONE PERCENT (1 %)TO THE QUALIFIED VOTERS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 6, 2006 WHEREAS, section 7825.9 of the California Revenue and Taxation Code authorizes cities to levy a transactions and use tax ("sales tax" or "sales and use tax") at a rate of 0.25% (or any multiple thereof) to be expended for general purposes, which transactions and use tax is subject to the approval by a two-thirds majority vote of all the members of the City Council and by a majority vote of the qualified voters of the City voting in an election on the issue; and WHEREAS, Article XIII C, section 2 of the California Constitution requires that a general tax must be approved by a majority vote of the qualified voters of the City voting in an election on the issue, and that said election shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by unanimous vote of the governing body; and WHEREAS, the City Manager has presented evidence that the City is facing a structural budget deficit in the magnitude of a $6.7 Million annual shortfall in funding City services, facilities and programs, including public safety services, facilities and programs, which will result in a substantial reduction in those services, facilities and programs unless additional sources of revenue can be found; and WHEREAS, the City Council desires to submit a ballot measure on a transactions and use tax to the qualified voters of the City of National City at a Special Municipal Election to be consolidated with the Statewide Primary Election to be held on June 6, 2006 (the "Consolidated Election"). NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the City Council hereby finds, determines and declares that an emergency exists within the meaning of Article XIII C, Section 2 of the California Constitution, in that without additional revenues, the City is facing a structural budget deficit in the magnitude of a $6.7 Million shortfall in funding City services, facilities and programs, including public safety services, facilities and programs, which will result in a substantial reduction in those services, facilities and programs unless additional sources of revenues can be found. Section 2. That the City Council further finds, determines and declares that it is necessary for this ordinance to take effect immediately for the preservation of the public peace, health and safety, within the meaning of Section 36937(b) of the California Government Code. Section 3. At the consolidated statewide primary election to be held on June 6, 2006, there shall be submitted to the qualified voters the following measure to approve an ordinance levying a transactions and use tax for general purposes: Shall an ordinance be approved imposing a one percent transactions and use tax (a sales tax) for City services, facilities and programs? Yes No Section 4. The measure shall be submitted to the voters of National City as required by Section 53720 et seq. of the California Government Code, approved by the voters of California in 1986 as Proposition 62, as required by Article XIII C of the California Constitution, approved by the voters of California in 1996 as Proposition 218, and as required by Section 7285.9 of the California Revenue and Taxation Code. Section 5. This ordinance shall take effect immediately as an ordinance relating to an election, pursuant to California Government Code Section 36937 (a), and as an urgency ordinance necessary for the immediate preservation of the public peace, health or safety, pursuant to California Government Code Section 36937(b). PASSED and ADOPTED this 7th day of February, 2006. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 7006 AGENDA ITEM NO 23 ITEM TITLE Public Hearing — Health and Safety Code Section 33433 report and reuse analysis of the Park Village Project PREPARED B Patricia Beard Interim Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION On February 22, 2005, the Community Development Commission ("CDC") approved an Owner Participation Agreement ("OPA") for development of the Park Village Project. A First Amendment to the OPA assigned the development rights to AARB, LLC was approved by the CDC on December 13, 2005. In order to proceed with potential Redevelopment Agency acquisition of property for the project, California law requires the adoption of the Health and Safety Code Section 33433 Report and Reuse Analysis. On January 24, 2006, the CDC approved the 33433 report for the Park Village project and forwarded it to the City Council for consideration. The proposed resolution would approve the Health and Safety Code 33433 Report and Reuse Analysis for the Park Village project. Environmental Review The Park Village project has been determined to be consistent with the Certified Program EIR for the Downtown Specific Plan and is exempt from CEQA per section 15182(a). Financial Statement None with this action Account No STAFF RECOMMENDATION Hold the Public Hearing BOARD / COMMISSION RECOMMENDATION The Community Development Commission approved the 33433 Report and Reuse Analysis for the Park Village Project on January 24, 2006. ATTACHMENTS 1. Background Report 2. Resolution 3. 33433 Report and Reuses Analysis Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT The Park Village project is located within the Downtown Specific Plan area. It will include two hundred twenty-seven (227) condominium residential units, fourteen thousand (14,000) square feet of retail space, approximately three hundred fifty-two (352) residential parking spaces, fifty (50) retail parking spaces and other on -site improvements on the block bounded by National City Boulevard, 11th Street, Plaza Boulevard and Roosevelt Street. On February 22, 2005 the Community Development Commission ("CDC") approved an Owner Participation Agreement ("OPA") with Beauchamp Family Trust for development of the Park Village Project. On December 13, 2005, a First Amendment to the OPA was approved, assigning development rights and responsibilities for the project to AARB, LLC. In order to proceed with potential Redevelopment Agency acquisition of property for the Project, State law mandates the adoption of the Health and Safety Code Section 33433 Report and Reuse Analysis. The CDC approved the 33433 Report and Reuse Anaylsis at its meeting of January 24, 2006 and transmitted it to the City Council for consideration. The Health and Safety Code Section 33433 Report is attached for review. Fiscal Impact: None with this action. Environmental Impact: A Program Environmental Impact Report has been adopted for the Downtown Specific Plan, in accordance with CEQA Guidelines. The project has been determined to be consistent with the Downtown Specific Plan. Pursuant to Section 15182(a) of the California Environmental Quality Act, the project is deemed exempt from further CEQA review. SUMMARY REPORT PERTAINING TO THE SALE OF REAL PROPERTY (California Community Redevelopment Law Section 33433) PURSUANT TO A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT Between: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY And THE BEAUCHAMP FAMILY TRUST DATED 8-16-82 Prepared by: KEYSER MARSTON ASSOCIATES, INC. For: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Date: November 30, 2005 SUMMARY REPORT PERTAINING TO THE PROPOSED SALE OF REAL PROPERTY 1. INTRODUCTION The Community Development Commission of the City of National City (Commission) is considering the sale of real property to The Beauchamp Family Trust dated 8-16-82 (Owner) pursuant to the Owner Participation Agreement (OPA) approved February 2005. This Summary Report is prepared in accordance with Section 33433 of the California Community Redevelopment Law. This summary consists of six additional sections, as follows: • Section II, Description of the Proposed Project • Section III, Estimated Costs to be Incurred by the Commission under the Proposed DDA • Section IV, Estimated Value of the Site at the Highest and Best Use • Section V, Estimated Fair Re -Use Value of the Interest to be Conveyed • Section VI, Purchase Price the Owner will be Required to Pay • Section VII, Explanation Why the Sale of the Property will Assist in Elimination of Blight Summary Report Park Village November 30, 2005 Page 2 05224ndh 16104 002 036 II. DESCRIPTION OF THE PROPOSED PROJECT A. Proposed Transaction The development site is located in Downtown National City on the block bounded by 11th Street to the south, National City Boulevard to the east, Roosevelt Avenue to the west, and Plaza Boulevard to the north. The site comprises six parcels totaling 1.43 acres (Site). The Owner currently owns two parcels and will attempt to acquire the remaining four parcels (Remaining Properties) though private negotiation. If the Owner is unable to acquire the Remaining Properties, the Commission may consider acquiring the Remaining Properties from the current property owners and conveying them to the Owner. The Owner intends to develop up to 227 flats, townhomes, live/work, and penthouse units (Project). The residential units will be one -and two -bedroom units with an average unit size of approximately 1,056 square feet (SF). The Project is planned to comprise four separate buildings, the tallest at 24 stories. The Project will also have approximately 14,000 SF of retail space, encapsulated at -grade parking for the retail space, and a two -level subterranean garage with 352 residential parking spaces. The salient aspects of the proposed business terms contained in the OPA are summarized below. B. Commission Responsibilities • If the Owner is unable to successfully negotiate contracts to purchase the Remaining Properties, the Owner will notify the Commission and provide evidence of the Owner's good faith effort to acquire the Remaining Properties. The Commission may consider initiating acquisition procedures to acquire the Remaining Properties, including the requirements to consider adoption of a Resolution of Necessity. • If the Commission adopts a Resolution of Necessity, the Owner will deposit with the Commission an amount equal to the probable compensation for such Remaining Properties. • The Commission shall install appropriate public improvements, including relocation and installation of underground utilities, gutters, curbs, sidewalks, and landscaping in any City right-of-way adjacent to the Site. Summary Report Park Village November 30, 2005 Page 3 05224ndh 16104.002.036 C. Owner Responsibilities • The Owner will purchase the Remaining Properties from the Commission for a purchase price equal to the Commission's total costs of acquisition and acquisition - related costs, but not less than the fair re -use value. • The cost of planning, designing, developing, and constructing the Project shall be borne solely by the Owner. • It is the responsibility of the Owner to ensure that applicable City zoning and land use requirements will permit development of the Project. • The Owner will comply with all governmental regulations in the construction, use, and operation of the development, including all applicable federal, state, and local labor standards. Summary Report Park Village November 30, 2005 Page 4 05224ndh 16104.002.036 III. ESTIMATED COST TO BE INCURRED BY THE COMMISSION UNDER THE PROPOSED AGREEMENT The Owner is responsible for reimbursing the Commission for total acquisition and acquisition -related costs. The Commission will incur additional costs related to the development of the Site. These costs are estimated as follows: (1) Commission Costs Public Improvements $300,000 Legal, Economic, and Appraisal Consultants $50,000 Total Commission Costs $350,000 (1) All figures provided by the Community Development Commission of National City. Summary Report Park Village November 30, 2005 Page 5 05224ndh 16104.002.036 IV. ESTIMATED VALUE OF THE SITE AT THE HIGHEST AND BEST USE This section presents an analysis of the fair market value of the Site at its highest and best use. In appraisal terminology, the highest and best use is that use of the Site that generates the highest property value and is physically possible, financially feasible, and legally permitted. Therefore, value at the highest and best use is based solely on the value created and not on whether or not that use carries out the redevelopment goals of the City of National City. The Downtown Specific Plan governs the Site and regulates the zoning and land uses for the Site. The Site is zoned for higher -density mid -rise multi -family residential, hotel, or professional office development, with ground floor pedestrian -oriented retail, and a maximum Floor Area Ratio (FAR) of 6.0. The Project as proposed does not achieve the maximum allowable FAR due to a combination of factors such as the market risk associated with pioneering projects, design constraints imposed by the Downtown Specific Plan, and the cost impact associated with subterranean parking. Based on a review of these considerations, the zoning of the Site, as well as development trends in the marketplace, KMA concludes that high -density for -sale residential development (such as the proposed Project) represents the highest and best use of the Site. One this basis, then, KMA finds that the fair market value of the Remaining Properties at their highest and best use is $3,007,000. Summary Report Park Village November 30, 2005 Page 6 05224ndh 16104.002.036 V. ESTIMATED FAIR RE -USE VALUE OF THE INTEREST TO BE CONVEYED This section presents an analysis of the fair re -use value of the interest to be conveyed to the Developer subject to conditions, covenants, and restrictions contained in the proposed OPA. In estimating the fair re -use value of the Remaining Properties, KMA has reviewed the requirements that set specific conditions with respect to scope of development, the schedule of performance, and method of financing. KMA has separately reported to the Commission that the residual value for the Site is $5,012,000, or $80 per SF of land. On a pro rata basis, therefore, the fair re -use value for the Remaining Properties is $3,007,000. Summary Report Park Village November 30, 2005 Page 7 05224ndh 16104.002.036 VI. PURCHASE PRICE WHICH THE DEVELOPER WILL BE REQUIRED TO PAY Under California Community Redevelopment Law, the Commission is obligated to publicly disclose information sufficient for a comparison of the purchase price contained in the OPA with the estimated fair re -use value. The Owner will purchase the Remaining Properties from the Commission for a purchase price equal to the Commission's total costs of acquisition and relocation, but not less than the fair re -use value. KMA concludes that the effective compensation to the Commission will not be less than $3,007,000, or $80 per SF of land. Summary Report Park Village November 30, 2005 Page 8 05224ndh 16104 002 036 VII. EXPLANATION WHY SALE OF THE PROPERTY WILL ASSIST IN THE ELIMINATION OF BLIGHT The Project Area is characterized by an array of blighting factors, including: • The subdividing and sale of lots of irregular form and shape, and inadequate size, for proper usefulness and development. • A prevalence of depreciated values and impaired investments, and social and economic maladjustment. Not all of these conditions are present throughout the Project Area. The Commission's redevelopment efforts have successfully alleviated blighting conditions in some portions of the Project Area. However, many of these conditions are still apparent in the area surrounding the subject Site. Implementation of the proposed development can be expected to assist in the alleviation of blighting conditions through the following: • Improve the City's housing stock. • Consolidation of irregular parcels into a site appropriate for development. • Elimination of conditions of economic dislocation such as fragmented ownership patterns. • Improve public facilities and public infrastructure. • Expansion, renovation, and relocation of businesses within the Project Area. Summary Report Park Village November 30, 2005 Page 9 05224ndh 16104.002.036 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE HEALTH AND SAFETY CODE SECTION 33433 REPORT AND REUSE ANALYSIS FOR DEVELOPMENT OF THE PARK VILLAGE PROJECT WHEREAS, pursuant to the California Community Redevelopment Law, on February 1, 2005, the City Council approved and adopted the Downtown Specific Plan ("Specific Plan") for Downtown National City ("Project Area"); and WHEREAS, the Specific Plan calls for a consistency review process to ensure that development within Downtown National City is in conformance with the goals established by the City Council; and WHEREAS, the Community Development Commission of the City of National City ("CDC") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.); and WHEREAS, the CDC is engaged in activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan") for the National City Redevelopment Project (the "Redevelopment Project"); and WHEREAS, the Implementation Plan adopted by the CDC with respect to the Redevelopment Project Area calls for the CDC's objective to "increase private investment wherever possible, to promote jobs and improve the property and sales tax base of the City"; and WHEREAS, in furtherance of the objectives of the California Community Redevelopment Law, the CDC desires the redevelopment of certain real property within Downtown National City, within the area covered by the Specific Plan, and bordering National City Boulevard on the east and Roosevelt Avenue on the west, and between 11th Street on the south and Plaza Boulevard on the north (the "Site") for a residential, retail mixed -use and public parking project; and WHEREAS, the development contemplated is exempt from further California Environmental Quality Act ("CEQA") review under Section 15182(a) of the CEQA Guidelines; and WHEREAS, AARB, LLC, a California limited liability company, owns in fee certain of the parcels which comprise the Site (the "Developer Parcels"); and WHEREAS, the CDC has entered into a Disposition and Development Agreement including attachments thereto (collectively, the "DDA") with AARB, LLC, for the CDC's disposition of portions of the Site to AARB, LLC, if necessary, and subject to the discretion of the CDC, providing for the redevelopment of the Site; and WHEREAS, pursuant to the terms of the Disposition and Development Agreement, AARB, LLC, shall construct two hundred twenty-seven (227) condominium residential units, fourteen thousand square feet (14,000 sq. ft.) of retail space and approximately three hundred fifty-two (352) residential parking spaces, and fifty (50) retail parking spaces, all other on -site improvements located inside of the face of the curbs surrounding the improvements, as required through the City of National City's Design Review; and /0 Resolution No. 2006 — February 7, 2006 Page Two WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33433, requires that (i) the CDC prepare a Summary Report concerning the CDC's proposed disposition of the Site as set forth in the Disposition and Development Agreement, (ii) the City Council Board conduct a noticed public hearing with respect to the Summary Report, and (iii) the approval of the Summary Report be set forth in a resolution of the City Council making certain findings and determinations as set forth herein below; and WHEREAS, pursuant to the requirements of the California Community Redevelopment Law, a Summary Report and Reuse Analysis have been prepared by the CDC's economic consultant, Keyser Marston Associates, Inc.; and WHEREAS, a public hearing of the City Council has been noticed and conducted in accordance with applicable requirements of law; and WHEREAS, at the public hearing held on February 7, 2006, the City Council considered all of the information, testimony, and evidence presented, including but not limited to the Resolution, City Council staff report, Summary Report, and the oral and written testimony received from persons wishing to appear and be heard. NOW, THEREFORE, BE IT RESOLVED, that by the City Council of the City of National City as follows:: 1. Based on all the information, testimony, and evidence presented at the joint public hearing, including but not limited to the information and evidence set forth in the staff report, the Summary Report, Reuse Analysis and the oral and written testimony received, the City Council finds and determines as follows: a. That the above Recitals are true and correct and are incorporated herein. b. That the Disposition and Development Agreement effectuates the purposes of the Community Redevelopment Law and of the Redevelopment Plan, and is in the best interests of the citizens of National City. c. That the CDC's disposition of the Site pursuant to the Disposition and Development Agreement will assist in the elimination of blight. d. That the CDC's disposition of the Site pursuant to the Disposition and Development Agreement is consistent with the Specific Plan and subject to the consistency review process. e. That the Disposition and Development Agreement is consistent with the Implementation Plan for the Redevelopment Plan. f. That any consideration AARB, LLC, will pay for the Site is not Tess than the fair reuse value of the Site at the use, and with the covenants, conditions and development costs authorized by the disposition. 11 Resolution No. 2006 — February 7, 2006 Page Three 2. That the Summary Report and Reuse Analysis for the DDA required by Health and Safety Code Section 33433 is hereby approved. 3. The City Council consents to (i) the authorization and direction given by the CDC to its Executive Directors and CDC Counsel to make final modifications to the DDA that are consistent with the substantive terms of the DDA approved hereby, (ii) the authorization and direction given to its CDC Chairperson to thereafter sign the DDA on behalf of the CDC, and (iii) the authorization and direction given by the CDC to the Executive Director to take such other and further actions as may be necessary and proper to carry out the terms of the DDA and the purpose of this Resolution, including but not limited to signing such other and further documents, including the documents attached as exhibits to the DDA.. 4. The Executive Director of the City Council is directed to file a Notice of Exemption with the County Clerk confirming that the project is exempt from further CEQA review. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 24 MEETING DATE February 7, 2006 AGENDA ITEM NO. (ITEM TITLE Resolution — Approving the Health and Safety Code Section 33433 Report and Reuse Analysis for development of the Park Village Project and making certain findings herewith. PREPARED Patricia BeardPa/ Interim Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION On February 22, 2005, the Community Development Commission ("CDC") approved an Owner Participation Agreement ("OPA") for development of the Park Village Project. A First Amendment to the OPA assigned the development rights to AARB, LLC was approved by the CDC on December 13, 2005. In order to proceed with potential Redevelopment Agency acquisition of property for the project, California law requires the adoption of the Health and Safety Code Section 33433 Report and Reuse Analysis. On January 24, 2006, the CDC approved the 33433 report for the Park Village project and forwarded it to the City Council for consideration. The proposed resolution would approve the Health and Safety Code 33433 Report and Reuse Analysis for the Park Village project. Environmental Review The Park Village project has been determined to be consistent with the Certified Program EIR for the Downtown Specific Plan and is exempt from CEQA per section 15182(a). Financial Statement None with this action Account No STAFF RECOMMENDATION Approve the 33433 Report and Reuse Anaylsis BOARD / COMMISSION RECOMMENDATION The Community Development Commission approved the 33433 Report and Reuse Analysis for the Park Village Project on January 24, 2006. ATTACHMENTS 1. Background Report [, 2. Resolution 3. 33433 Report and Reuses Analysis Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE HEALTH AND SAFETY CODE SECTION 33433 REPORT AND REUSE ANALYSIS FOR DEVELOPMENT OF THE PARK VILLAGE PROJECT WHEREAS, pursuant to the California Community Redevelopment Law, on February 1, 2005, the City Council approved and adopted the Downtown Specific Plan ("Specific Plan") for Downtown National City ("Project Area"); and WHEREAS, the Specific Plan calls for a consistency review process to ensure that development within Downtown National City is in conformance with the goals established by the City Council; and WHEREAS, the Community Development Commission of the City of National City ("CDC") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.); and WHEREAS, the CDC is engaged in activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan") for the National City. Redevelopment Project (the "Redevelopment Project"); and WHEREAS, the Implementation Plan adopted by the CDC with respect to the Redevelopment Project Area calls for the CDC's objective to "increase private investment wherever possible, to promote jobs and improve the property and sales tax base of the City"; and WHEREAS, in furtherance of the objectives of the California Community Redevelopment Law, the CDC desires the redevelopment of certain real property within Downtown National City, within the area covered by the Specific Plan, and bordering National City Boulevard on the east and Roosevelt Avenue on the west, and between 11th Street on the south and Plaza Boulevard on the north (the "Site") for a residential, retail mixed -use and public parking project; and WHEREAS, the development contemplated is exempt from further California Environmental Quality Act ("CEQA") review under Section 15182(a) of the CEQA Guidelines; and WHEREAS, AARB, LLC, a California limited liability company, owns in fee certain of the parcels which comprise the Site (the "Developer Parcels"); and WHEREAS, the CDC has entered into a Disposition and Development Agreement including attachments thereto (collectively, the "DDA") with AARB, LLC, for the CDC's disposition of portions of the Site to AARB, LLC, if necessary, and subject to the discretion of the CDC, providing for the redevelopment of the Site; and WHEREAS, pursuant to the terms of the Disposition and Development Agreement, AARB, LLC, shall construct two hundred twenty-seven (227) condominium residential units, fourteen thousand square feet (14,000 sq. ft.) of retail space and approximately three hundred fifty-two (352) residential parking spaces, and fifty (50) retail parking spaces, all other on -site improvements located inside of the face of the curbs surrounding the improvements, as required through the City of National City's Design Review; and Resolution No. 2006 — February 7, 2006 Page Two WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33433, requires that (i) the CDC prepare a Summary Report concerning the CDC's proposed disposition of the Site as set forth in the Disposition and Development Agreement, (ii) the City Council Board conduct a noticed public hearing with respect to the Summary Report, and (iii) the approval of the Summary Report be set forth in a resolution of the City Council making certain findings and determinations as set forth herein below; and WHEREAS, pursuant to the requirements of the California Community Redevelopment Law, a Summary Report and Reuse Analysis have been prepared by the CDC's economic consultant, Keyser Marston Associates, Inc.; and WHEREAS, a public hearing of the City Council has been noticed and conducted In accordance with applicable requirements of law; and WHEREAS, at the public hearing held on February 7, 2006, the City Council considered all of the information, testimony, and evidence presented, including but not limited to the Resolution, City Council staff report, Summary Report, and the oral and written testimony received from persons wishing to appear and be heard. NOW, THEREFORE, BE IT RESOLVED, that by the City Council of the City of National City as follows:: 1. Based on all the information, testimony, and evidence presented at the joint public hearing, including but not limited to the information and evidence set forth in the staff report, the Summary Report, Reuse Analysis and the oral and written testimony received, the City Council finds and determines as follows: a. That the above Recitals are true and correct and are incorporated herein. b. That the Disposition and Development Agreement effectuates the purposes of the Community Redevelopment Law and of the Redevelopment Plan, and is in the best interests of the citizens of National City. c. That the CDC's disposition of the Site pursuant to the Disposition and Development Agreement will assist in the elimination of blight. d. That the CDC's disposition of the Site pursuant to the Disposition and Development Agreement is consistent with the Specific Plan and subject to the consistency review process. e. That the Disposition and Development Agreement is consistent with the Implementation Plan for the Redevelopment Plan. f. That any consideration AARB, LLC, will pay for the Site is not less than the fair reuse value of the Site at the use, and with the covenants, conditions and development costs authorized by the disposition. Resolution No. 2006 — February 7, 2006 Page Three 2. That the Summary Report and Reuse Analysis for the DDA required by Health and Safety Code Section 33433 is hereby approved. 3. The City Council consents to (i) the authorization and direction given by the CDC to its Executive Directors and CDC Counsel to make final modifications to the DDA that are consistent with the substantive terms of the DDA approved hereby, (ii) the authorization and direction given to its CDC Chairperson to thereafter sign the DDA on behalf of the CDC, and (iii) the authorization and direction given by the CDC to the Executive Director to take such other and further actions as may be necessary and proper to carry out the terms of the DDA and the purpose of this Resolution, including but not limited to signing such other and further documents, including the documents attached as exhibits to the DDA.. 4. The Executive Director of the City Council is directed to file a Notice of Exemption with the County Clerk confirming that the project is exempt from further CEQA review. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 BACKGROUND REPORT The Park Village project is located within the Downtown Specific Plan area. It will include two hundred twenty-seven (227) condominium residential units, fourteen thousand (14,000) square feet of retail space, approximately three hundred fifty-two (352) residential parking spaces, fifty (50) retail parking spaces and other on -site improvements on the block bounded by National City Boulevard, 11th Street, Plaza Boulevard and Roosevelt Street. On February 22, 2005 the Community Development Commission ("CDC") approved an Owner Participation Agreement ("OPA") with Beauchamp Family Trust for development of the Park Village Project. On December 13, 2005, a First Amendment to the OPA was approved, assigning development rights and responsibilities for the project to AARB, LLC. In order to proceed with potential Redevelopment Agency acquisition of property for the Project, State law mandates the adoption of the Health and Safety Code Section 33433 Report and Reuse Analysis. The CDC approved the 33433 Report and Reuse Anaylsis at its meeting of January 24, 2006 and transmitted it to the City Council for consideration. The Health and Safety Code Section 33433 Report is attached for review. Fiscal Impact: None with this action. Environmental Impact: A Program Environmental Impact Report has been adopted for the Downtown Specific Plan, in accordance with CEQA Guidelines. The project has been determined to be consistent with the Downtown Specific Plan. Pursuant to Section 15182(a) of the California Environmental Quality Act, the project is deemed exempt from further CEQA review. SUMMARY REPORT PERTAINING TO THE SALE OF REAL PROPERTY (California Community Redevelopment Law Section 33433) PURSUANT TO A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT Between: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY And THE BEAUCHAMP FAMILY TRUST DATED 8-16-82 Prepared by: KEYSER MARSTON ASSOCIATES, INC. For: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Date: November 30, 2005 SUMMARY REPORT PERTAINING TO THE PROPOSED SALE OF REAL PROPERTY I. INTRODUCTION The Community Development Commission of the City of National City (Commission) is considering the sale of real property to The Beauchamp Family Trust dated 8-16-82 (Owner) pursuant to the Owner Participation Agreement (OPA) approved February 2005. This Summary Report is prepared in accordance with Section 33433 of the Califomia Community Redevelopment Law. This summary consists of six additional sections, as follows: • Section II, Description of the Proposed Project • Section III, Estimated Costs to be Incurred by the Commission under the Proposed DDA • Section IV, Estimated Value of the Site at the Highest and Best Use • Section V, Estimated Fair Re -Use Value of the Interest to be Conveyed • Section VI, Purchase Price the Owner will be Required to Pay • Section VII, Explanation Why the Sale of the Property will Assist in Elimination of Blight Summary Report Park Village November 30, 2005 Page 2 05224ndh 16104.002.036 1I. DESCRIPTION OF THE PROPOSED PROJECT A. Proposed Transaction The development site is located in Downtown National City on the block bounded by 11th Street to the south, National City Boulevard to the east, Roosevelt Avenue to the west, and Plaza Boulevard to the north. The site comprises six parcels totaling 1.43 acres (Site). The Owner currently owns two parcels and will attempt to acquire the remaining four parcels (Remaining Properties) though private negotiation. If the Owner is unable to acquire the Remaining Properties, the Commission may consider acquiring the Remaining Properties from the current property owners and conveying them to the Owner. The Owner intends to develop up to 227 flats, townhomes, live/work, and penthouse units (Project). The residential units will be one -and two -bedroom units with an average unit size of approximately 1,056 square feet (SF). The Project is planned to comprise four separate buildings, the tallest at 24 stories. The Project will also have approximately 14,000 SF of retail space, encapsulated at -grade parking for the retail space, and a two -level subterranean garage with 352 residential parking spaces. The salient aspects of the proposed business terms contained in the OPA are summarized below. B. Commission Responsibilities • If the Owner is unable to successfully negotiate contracts to purchase the Remaining Properties, the Owner will notify the Commission and provide evidence of the Owner's good faith effort to acquire the Remaining Properties. The Commission may consider initiating acquisition procedures to acquire the Remaining Properties, including the requirements to consider adoption of a Resolution of Necessity. • If the Commission adopts a Resolution of Necessity, the Owner will deposit with the Commission an amount equal to the probable compensation for such Remaining Properties. • The Commission shall install appropriate public improvements, including relocation and installation_ of underground utilities, gutters, curbs, sidewalks, and landscaping in any City right-of-way adjacent to the Site. Summary Report Park Village November 30, 2005 Page 3 05224ndh 16104.002.036 C. Owner Responsibilities • The Owner will purchase the Remaining Properties from the Commission for a purchase price equal to the Commission's total costs of acquisition and acquisition - related costs, but not less than the fair re -use value. • The cost of planning, designing, developing, and constructing the Project shall be bome solely by the Owner. • It is the responsibility of the Owner to ensure that applicable City zoning and land use requirements will permit development of the Project. • The Owner will comply with all governmental regulations in the construction, use, and operation of the development, including all applicable federal, state, and local labor standards. Summary Report Park Village November 30, 2005 Page 4 05224ndh 16104.002.036 I11. ESTIMATED COST TO BE INCURRED BY THE COMMISSION UNDER THE PROPOSED AGREEMENT The Owner is responsible for reimbursing the Commission for total acquisition and acquisition -related costs. The Commission will incur additional costs related to the development of the Site. These costs are estimated as follows: (1) Commission Costs Public Improvements $300,000 Legal, Economic, and Appraisal Consultants $50,000 Total Commission Costs $350,000 (1) All figures provided by the Community Development Commission of National City. Summary Report Park Village November 30, 2005 Page 5 05224ndh 16104.002.036 IV. ESTIMATED VALUE OF THE SITE AT THE HIGHEST AND BEST USE This section presents an analysis of the fair market value of the Site at its highest and best use. In appraisal terminology, the highest and best use is that use of the Site that generates the highest property value and is physically possible, financially feasible, and legally permitted. Therefore, value at the highest and best use is based solely on the value created and not on whether or not that use carries out the redevelopment goals of the City of National City. The Downtown Specific Plan governs the Site and regulates the zoning and land uses for the Site. The Site is zoned for higher -density mid -rise multi -family residential, hotel, or professional office development, with ground floor pedestrian -oriented retail, and a maximum Floor Area Ratio (FAR) of 6.0. The Project as proposed does not achieve the maximum allowable FAR due to a combination of factors such as the market risk associated with pioneering projects, design constraints imposed by the Downtown Specific Plan, and the cost impact associated with subterranean parking. Based on a review of these considerations, the zoning of the Site, as well as development trends in the marketplace, KMA concludes that high -density for -sale residential development (such as the proposed Project) represents the highest and best use of the Site. One this basis, then, KMA finds that the fair market value of the Remaining Properties at their highest and best use is $3,007,000. Summary Report Park Village November 30, 2005 Page 6 05224ndh 16104.002.036 VI. PURCHASE PRICE WHICH THE DEVELOPER WILL BE REQUIRED TO PAY Under California Community Redevelopment Law, the Commission is obligated to publicly disclose information sufficient for a comparison of the purchase price contained in the OPA with the estimated fair re -use value. The Owner will purchase the Remaining Properties from the Commission for a purchase price equal to the Commission's total costs of acquisition and relocation, but not less than the fair re -use value. KMA concludes that the effective compensation to the Commission will not be less than $3,007,000, or $80 per SF of land. Summary Report Park Village November 30, 2005 Page 8 05224ndh 16104.002.036 V. ESTIMATED FAIR RE -USE VALUE OF THE INTEREST TO BE CONVEYED This section presents an analysis of the fair re -use value of the interest to be conveyed to the Developer subject to conditions, covenants, and restrictions contained in the proposed OPA. In estimating the fair re -use value of the Remaining Properties, KMA has reviewed the requirements that set specific conditions with respect to scope of development, the schedule of performance, and method of financing. KMA has separately reported to the Commission that the residual value for the Site is $5,012,000, or $80 per SF of land. On a pro rata basis, therefore, the fair re -use value for the Remaining Properties is $3,007,000. Summary Report Park Village November 30, 2005 Page 7 05224ndh 16104.002.036 ADVISORS IN: REAL ESTATE To: REDEVELOPMENT AFFORDABLE HOUSING ECONOMIC DEVELOPMENT SAN FRANCISCO From: A. TERRY KEYSER TIMOTHY C. KELLY Date: KATE EARLE FUNK DERBNE M. KERN I. ROBERT I. WETMORE Subject: LOS ANGELES CALVIN E. HOLDS. II KATHLEEN H. HEAD IAMES A. RABE PAUL C ANDERSON GREGORY D. Soo-HOO SAN DIEGO GERALD M. TRIMBLE PAUL C. MAMA rte1,1 KEYSER MA.RSTON ASSOCIATES ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM Byron Estes, Deputy Director of Redevelopm ent Community Development Commission of the City of National City KEYSER MARSTON ASSOCIATES, INC. November 30, 2005 Park Village —Estimate of Re -Use Value A. Introduction Keyser Marston Associates, Inc. (KMA) has been requested to review the redevelopment transaction between the Community Development Commission of the City of National City (Commission) and The Beauchamp Family Trust dated 8-16-82 (Owner). The transaction is detailed in the Owner Participation Agreement (OPA) approved February 2005. The development site is located in Downtown National City on the block bounded by 11th Street to the south, National City Boulevard to the east, Roosevelt Avenue to the west, and Plaza Boulevard to the north. The site comprises six parcels totaling 1.43 acres (Site). The Owner currently owns two parcels and will attempt to acquire the remaining four parcels (Remaining Properties) though private negotiation. If the Owner is unable to acquire the Remaining Properties, the Commission may consider acquiring the Remaining Properties from the current property owners and conveying them to the Owner. The Owner proposes to construct up to 227 for -sale residential units (Project) on the Site. B. Summary of Findings KMA's principal conclusions are as follows: • The estimated fair re -use value of the Remaining Properties is $3,007,000. 1660 HOTEL CIRCLE NORTH, SUITE 716 > SAN DIEGO. CALIFORNIA 92108 > PHONE: 619 718 9500 > FAX: 61.9 71.8 9508 W W W. KEYSERMARSTON.COM 05223ndh 16104.002.036 To: Byron Estes, Deputy Director of Redevelopment November 30, 2005 Subject: Park Village —Estimate of Re -Use Value Page 2 • The estimated value of compensation to be received by the Com mission for the Remaining Properties will be the Commission's actual total acquisition and acquisition -related costs, but not less than $3,00 7,000. • The estimated fair market value of the Remaining Properties at their highest and best use is $3,007,000. C. Background on Proposed Development Community Overview Downtown National City, roughly bound by Division Street;' National City Boulevard, 7th Street, D Avenue, Plaza Boulevard, Kimball Park, and Interstate 5, is a compact and intense district featuring several significant assets. Downtown N ational City has a diverse residential population of families and seniors; numerous civic, educational, and recreational amenities; a broad variety of established businesses; and a strong employment base. In addition, it is located close to many regional assets such as Downtown San Diego and Lindbergh Field to the north, Mexico to the south, and the newly developing suburban communities of the South Bay. The National City Redevelopment Plan was adopted in 1995 with the general goal of revitalizing the National City Redevelopment Project Area. Since the adoption of the Plan, numerous redevelopment ventures have been, and continue to be, carried out by public agencies, non-profit institutions, and private developers in Downtown National City. The Commission continues its efforts to revitalize the Project Area with projects such as: the National City Fire Station and Police Center, the City Library, Education Village, and Town Square Rowhomes. Currently, National City is experiencing unprecedented development i nterest with local, national, and international developers planning new mixed -use developments in Downtown. Proposed Development The Site is located on the block bounded by 11 th Street, National City Boulevard, Roosevelt Avenue, and Plaza Boulevard, in the National City Redevelopment Project Area. Specifically, the Site comprises 1.43 acres and is essentially flat. Portions of the Site are currently improved with automotive -related, commercial, and industrial uses. Table 1 describes the physical characteristics of the proposed project. As noted, the Project will comprise up to 227 flats, townhomes, live/work, and penthouse units, with an 05223ndh 16104.002.036 To: Byron Estes, Deputy Director of Redevelopment November 30, 2005 Subject: Park Village —Estimate of Re -Use Value Page 3 average unit size of approximately 1,056 square feet (S F). The Project is planned to comprise four separate buildings, the tallest at 24 stories. The Project will also have approximately 14,000 SF of retail space, encapsulated at -grade parking for the retail space, and a two -level subterranean garage with 352 residential parking spaces. D. Proposed Transaction Terms This section summarizes the salient aspects of the proposed business terms contained in the OPA. • If the Owner is unable to successfully negotiate contracts to purchase the Remaining Properties, the Owner will notify the Commission and provide evidence of the Owner's good faith effort to acquire the Remaining Properties. The Commission may consider initiating acquisition procedures to acquire the Remaining Properties, including the requirements to consider adoption of a Resolution of Necessity. • If the Commission adopts a Resolution of Necessity, the Owner will deposit with the Commission an amount equal to the probable compensation for such Remaining Properties. • The Owner will purchase the Remaining Properties from the Commission for a purchase price equal to the Commission's total costs of acquisition and acquisition - related costs, but not less than the fair re -use value. • The cost of planning, designing, developing, and constructing the Project shall be borne solely by the Owner. • It is the responsibility of the Owner to ensure that applicable City zoning and land use requirements will permit development of the Project. • The Commission shall install appropriate public improvements, including relocation and installation of underground utilities, gutters, curbs, sidewalks, and landscaping in any City right-of-way adjacent to the Site. • The Owner will comply with all governmental regulations in the construction, use, and operation of the development, including all applicable federal, state, and local labor standards. E. Estimate of Fair Re -Use Value 05223ndh 16104.002.036 To: Byron Estes, Deputy Director of Redevelopment November 30, 2005 Subject: Park Village —Estimate of Re -Use Value Page 4 Re -use value is defined as the highest price in terms of cash or its equivalent which a property or development right is expected to bring for a specified use in a competitive open market, subject to the covenants, conditions, and restrictions imposed by the OPA. There are two fundamental approaches to establish re -use value: • The first is an analysis based on the sale of comparable properties or development rights. When comparable transactions exist and when relatively few adjustments are required to adjust the com parables to the subject, the appr oach based on comparable transactions can yield the m ost reliable indicator of value. • The second method is an analysis based on the anticipated income characteristics for a specific project. Often the income approach, also termed the residual value approach, proves more useful than the comparable sales approach due to the unique market setting, project characteristics, and specific requirements of the Commission which make the approach based on comparable transactions difficult or unfeasible to implement. With this approach, the residual value is established as the amount that a developer can feasibly afford to pay for a property or development right, after taking into account the development costs funded by the developer, the quantity and quality of the income stream from the project, and the market -based return on invested capital. Comparable Sales Approach The comparable sales approach to valuation is not applicable for establishing fair re -use value as there are no known in -fill land sales in the immediate market area for proposed high -density or high-rise residential developments. Residual Value Approach Tables 2 to 4 present KMA's residual value estimate for the Site. Development Costs 05223ndh 16104.002.036 To: Byron Estes, Deputy Director of Redevelopment Subject: Park Village —Estimate of Re -Use Value November 30, 2005 Page 5 Table 2 summarizes the KMA estimate of total development costs for the Project, excluding acquisition costs. These estimates are based on industry standards and KMA's experience with similar residential projects in Southern California. Total development costs for the Project, excluding land, are estimated to be $94,183,000, or $315 per SF of gross building area (GBA), which equates to approximately $415, 000 per dwelling unit. Total development costs consist of the following: • Direct construction costs, such as site work, parking, shell construction, FF&E, and contingency. Total direct costs are estimated to be $71,248, 000, or $238 per SF GBA. • Indirect costs, such as architecture and engineering, s and fees, legal and accounting, taxes and insurance, developer fee, marketing, t and contingency. These are estimated to be $16,162,000 or 22.7% of direct costs. • Financing costs, including loan fees, interest during construction and sales, and HOA dues on unsold units. These cos is are estimated to total $6,773,000, or 9.5% of direct costs. Gross Sa/es Proceeds - Condominiums Table 3 presents an estim ate of the gross sales proceeds for the condomi nium portion of the Project. KMA has based these revenue projections on other projects currently planned or under construction in National City and neighboring communities, as well as readily available market data from secondary sources. On this basis, KMA estimates an average unit price of approximately $494,000, or $468 pe r SF, reflective of the mix of unit types and view premiums planned for the Project. Based on the foregoing, KMA estimates total condominium sales proceeds of $112,152,000. Gross Sales Proceeds — Retail Table 3 also presents KMA's estimate of gross sales proceeds for the retail portion of the Project. As indicated in the table, the net operating income (NOI) is projected to total approximately $341,000 per year at stabilization. This NOI projection yields a capitalized value of $4,548,000 upon completion. Residual Land Value 05223ndh 16104.002.036 To: Byron Estes, Deputy Director of Redevelopment November 30, Page 6 Subject: Park Village —Estimate of Re -Use Value KMA estimated factors for cost of sale and target profit in light of KMA's experience with similar developments in Southern California. As shown in Table 4, KMA assumed a cost of sale of 3.0% of value, or $3,501,000, and a target developer profit of 12.0% of value, or $14,004,000. On this basis, then, the net sales proceeds for the Project are estimated at $99,194,000 after the cost of sale and profit are deducted from the gross sales proceeds. The difference between the net sales proceeds of $99,195,000 and development costs of $94,183,000 represents a residual value attributable to the Site of $5,012,000, or $80 per SF of land, as shown below: 62,500 SF I. Total Site $116,700,000 Total Gross Sales Proceeds (Less) Cost of Sale ($3,501,000) (Less) Developer Profit 1$14 004.000) Net Sales Proceeds $99,195,000 �$9183.0001 (Less) Development Costs $5,012,0004 Residual Land Value$80 Per SF Land 37,500 SF $3,007,000 II. Pro Rata Value of Remaining Properties Remaining Properties Land Value Conclusion Based on the foregoing analysis, KM A concludes that the fair re -use value of the Remaining Properties is $3,007,000. F. Fair Market Value at Highest and Best Use Section 33433 of California Redevelopment Law requires that prior to selling or leasing real property, redevelopment agencies estimate the fair market value of the interest to be conveyed at its highest and best (most profitable) use. Typically, the analysis of the fair market value at highest and best use does not consider the specific Commission/Owner transaction or development concept, but rather the most profitable use that is consistent with the Redevelopment Plan or other governing land use regulations. The purpose of the analysis is to estimate the maximum c mpelopment that the Commission could achieve if it were to offer the subject property or devright on the open market. 05223ndh 16104.002.036 To: Byron Estes, Deputy Director of Redevelopment November 30, 2005 Subject: Park Village —Estimate of Re -Use Value Page 7 The highest and best use of the Site is the use t hat generates the highest property value. By definition, the highest and best use is that use which is physically possible, financially feasible, and legally permitted. The Downtown Specific Plan governs the Site and regulates the zoning a nd land uses for the Site. The Site is zoned for higher -density mid -rise multi -family residential, hotel, or professional office development, with ground floor pedestrian -oriented retail, and a maximum Floor Area Ratio (FAR) of 6.0. The Project as proposed does not achieve the maximum allowable FAR due to a combination of factors such as the market risk associated with pioneering projects, design constraints imposed by the Downtow n Specific Plan, and the cost impact associated with subterranean parking. Based on a review of these considerations, the zoning of the Site, as well as development trends in the marketplace, KMA concludes that high -density for -sale residential development (such as the proposed Project) represents the highest and best use of the Site. One this basis, then, KM A finds that the fair market value of the Remaining Properties at their highest and best use is $3,007,000. G. Limiting Conditions The estimates of re -use value and fair market value at the hig hest and best use contained in this memorandum assume compliance with the following assumptions: 1. There are no soil or subsoil problems, including toxic or hazardous conditions, on the Site that need to be remediated in order to develop the Site. 2. The ultimate development will not vary significantly from that assumed in this Re -Use Analysis. 3. The title of the property is good and marketable; no title search has been made, nor have we attempted to determine the ownership of the property. The value estimates are given without regard to any questions of title, bou ndaries, encumbrances, liens or encroachments. It is assumed that all assessments, if any, are paid. 4. The Site will be in conformance with the applicable zoning and building ordinances. 5. Information provided by such local sources as governmental agencies, financial institutions, realtors, buyers, sellers, and others was considered in light of its source, and checked by secondary means. 05223ndh 16104.002.036 To: Byron Estes, Deputy Director of Redevelopment November 30, 2005 Subject: Park Village —Estimate of Re -Use Value Page 8 6. Neither the local nor national economy will experience a major recession. If an unforeseen change occurs in the economy, the conclusions contained herein may no longer be valid. 7. The Project will adhere to the schedule of perform ance described in the OPA. 8. Both parties are well informed and well advised and each is acting pr udently in what he/she considers his/her own best interest. attachments 05223ndh 16104.002.036 TABLE 1 PROJECT DESCRIPTION PARK VILLAGE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY I. Site Area 62,500 SF 1.43 Acres II. Gross Building Area Residential Area 240,000 SF 80% Retail Area 14,000 SF 5% Common Areas/Circulation (1) 45.000 SF 15% Total Gross Building Area (GBA) 299,000 SF 100% FAR 4.8 III. Number of Stories 24 Stories IV. Unit Mix Number of Units One Bedroom 92 Units Two Bedroom 135 Units Total/Average 227 Units V. Density 158 Units/Acre Unit Size 782 SF 41% 1.243 SF 59% 1,056 SF 100% VI. Type of Units Number of Units Unit Size Flats 181 Units 940 SF 80% Townhomes 22 Units 1,454 SF 10% Live/Work 12 Units 1,471 SF 5% Penthouse 12 Units 1653 SF 5°ls Total/Average 227 Units 1,056 SF 100% VII. Parking A. Residential Parking Type Subterranean Number of Levels 2 Levels Number of Spaces 352 Spaces Parking Ratio 1.6 Spaces/Unit Parking Area 125,000 SF Average SF/Space 355 SF/Space B. Retail Parking Type At -Grade Number of Spaces 50 Spaces Parking Ratio 3.6 Spaces/1,000 SF Retail Parking Area 25,762 SF Average SF/Space 515 SF/Space C. Total Parking Number of Spaces Parking Area Average SF/Space (1) KMA estimate. Prepared by: Keyser Marston Associates, Inc. Filename: i:National City\Park Village;11/30/2005;rks 402 Spaces 150,762 SF 375 SF/Space TABLE 2 DEVELOPMENT COSTS PARK VILLAGE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY I. Direct Costs (1) Off -Sites (2) Demolition (2) On-Sites/Landscaping (2) Parking Shell Construction Tenant Improvements Amenities/FF&E Contingency Total Direct Costs II. Indirect Costs Architecture & Engineering Permits & Fees (2) Taxes & Insurance Legal & Accounting Developer Fee Marketing/Sales Contingency Total Indirect Costs III. Financing Costs Loan Fees Interest During Construction Interest During Sales HOA Dues on Unsold Units Total Financing Costs W. Tota'? Development Costs Or Say (Rounded) (1) Does not assume payment of prevailing wages. (2) Estimate; not verified by KMA or the City of National City. Prepared by: Keyser Marston Associates, Inc. Filename: i:National City\Park Village;11/30/2005;rks Totals Per Unit $0 $0 $0 $0 $0 $625,000 $2,753 $10 $9,800,000 $43,172 $65 $56,810,000 $250,264 $190 $420,000 $1,850 $30 $200,000 $881 $3.393.000 $14.947 $71,248,000 $313,868 $2,850,000 $12,555 $2,990,000 $13,172 $3,501,000 $15,423 $712,000 $3,137 $2,137,000 $9,414 $3,501,000 $15,423 $471,000 $2.075 $16,162,000 $71,198 $753,000 $3,317 $4,747,000 $20,912 $1,055,000 $4,648 $218.000 $960 $6,773,000 $29,837 Notes Per SF Site Area Included below Per SF Site Area Per SF Parking Area Per SF GBA Per SF - Retail Allowance 5.0% of Directs $238 Per SF GBA 4.0% of Directs $10 Per SF GBA 3.0% of Value 1.0% of Directs 3.0% of Directs 3.0% of Value 3.0% of Indirects 22.7% of Directs 1.1% of Directs 6.7% of Directs 1.5% of Directs 0.3% of Directs 9.5% of Directs $94,183,000 $414,903 $315 Per SF GBA $94,183,000 TABLE 3 GROSS SALES PROCEEDS PARK VILLAGE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY # of Price Price Gross Sales Unit Size Units Per SF Per Unit Proceeds I. Gross Sales Proceeds - Residential Flats 940 SF 181 $465 $437,000 $79,154,000 Townhomes 1,454 SF 22 $425 $618,000 $13,593,000 Live/Work 1,471 SF 12 $425 $625,000 $7,502,000 Penthouse 1,653 SF 12 $600 $992.000 $11,903,000 Total/Average 1,056 SF 227 $468 $494,000 $112,152,000 Total Gross Sales Proceeds - Residential $112,152,000 il. Gross Sales Proceeds - Retail Retail Gross Scheduled Income (GSI) (Less) Vacancy Effective Gross Income (EGI) (Less) Operating Expenses Net Operating Income (NOI) Capitalization Rate Gross Sales Proceeds - Retail Total Gross Sales Proceeds - Retail SF 14,000 SF Rent Annual GSI $2.25 /SF/Month NNN $378,000 5.0% of GSI ($18,900) $359,100 5.0% of EGI ($18.0001 $325 /SF $341,100 7.5% $4,548,000 $4,548,000 III. Total Gross Sales Proceeds $116,700,000 Prepared by: Keyser Marston Associates, Inc. Filename: i:National City\Park Village;11/30/2005;rks TABLE 4 RESIDUAL LAND VALUE PARK VILLAGE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY I. Gross Sales Proceeds Gross Sales Proceeds - Residential Gross Sales Proceeds - Retail Total Gross Sales Proceeds $112,152,000 $4,548.000 $116,700,000 (Less) Cost of Sale @ 3.0% of Value ($3,501,000) (Less) Developer Profit @ 12.0% of Value ($14.004,0001 Net Sales Proceeds $99,195,000 II. Supportable Investment Total Net Sales Proceeds (Less) Total Development Costs III. Residual Land Value Per Unit Per SF Site Area $99,195,000 ($94.183.0001 $5,012,000 $22,100 $80 IV. Indicated Residual Land Value of Remaining Properties Remaining Parcels Site Area (1) Residual Value Per SF 37,500 SF $80 /SF Indicated Residual Land Value of Remaining Properties Or Say (Rounded) $3,007,200 $3,007,000 (1) Reflects the following Assessor Parcel Numbers (APN): 555-113-04, 05, 08, and 11, Prepared by: Keyser Marston Associates, Inc. Filename: i:National City\Park Village;11/30/2005;rks City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 25 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 6, 2006, RELATING TO APPROVAL OF AN ORDINANCE IMPOSING A ONE CENT TRANSACTIONS AND USE TAX (A SALES TAX) FOR CITY SERVICES, FACILITIES, AND PROGRAMS PREPARED BY George H. Eiser, 111% DEPARTMENT City Attorney EXPLANATION (Ext. 4221) Please see attached memorandum. Environmental Review X N/A Financial Statement Sufficient funds are available to place the measure on the ballot. Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. A-200 (9/80) TO: FROM: SUBJECT: City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 Mayor and City Council City Attorney Transactions and Use Tax; Placement on June 6, 2006 Ballot DATE: January 24, 2006 California Revenue and Taxation Code Section 7285.9 authorizes the City Council to levy a transactions and use tax (a sales tax) at a rate of 0.25 percent or a multiple thereof, provided the tax is approved by a two-thirds vote of the City Council and by a majority vote of the qualified voters of the city voting in an election on the issue. At the January 17, 2006 City Council Meeting, the Council directed the staff to include on the February 7 agenda a resolution placing a measure on the June 6 ballot for voter approval of a one -cent (one percent) transactions and use tax. In order to proceed, pursuant to Section 7285.9 and other applicable state law, the City Council would first enact an ordinance amending the Municipal Code by adding Chapter 4.60, entitled "Transactions and Use Tax", thereto. Pursuant to Section 36937 of the Government Code, the ordinance would take effect immediately because it relates to taxes for the usual and current expenses of the City. Next, the Council would adopt a resolution ordering the submission of a proposition to the voters at the special municipal election on June 6, 2006, to consider approval of the ordinance. If approved, the ordinance would impose a transactions tax at the rate of one percent of the gross receipts of any retailer from the sale of all tangible personal property sold in the City. The ordinance would also impose a use tax on the storage, use, or other consumption in the City of tangible personal property produced from any retailer at the rate of one percent of the sales price of the property. Certain transactions would be exempted from the tax, such as a sale of property to be used outside the City and which is shipped to a site outside the City. The tax would go into effect October 1, 2006. The tax would be paid in addition to the existing sales tax and would be collected at the same time and in the same manner as the existing sales tax. Because the proposed tax would be a "general tax", the revenues from the tax would go into the City's general fund and could be used for any legal municipal purpose. Finally, the ordinance would require every five years that the Mayor and City Council appoint an independent committee comprised of three experts in financial matters, who would report back to the City Council as to whether the tax should remain in effect for an additional five years, or be placed on the ballot to be extended or repealed by a majority of the voters voting thereon. GEORGE H. EISER, III City Attorney GHE/gmo ® Recycled Paper RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 6, 2006, RELATING TO APPROVAL OF AN ORDINANCE IMPOSING A ONE CENT TRANSACTIONS AND USE TAX (A SALES TAX) FOR CITY SERVICES, FACILITIES, AND PROGRAMS WHEREAS, the City Council of the City of National City desires to submit to the qualified voters of the city at the special municipal election to be held on June 6, 2006, a measure to approve an ordinance imposing a one percent transactions and use tax (a sales tax); and WHEREAS, the City Council is thereupon authorized and directed by statute to submit the proposed measure to approve the ordinance to the qualified voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, the following question shall be submitted to the qualified voters of the city at the Special Municipal Election to be held on June 6, 2006: Shall an ordinance be approved imposing a one percent transactions and use tax (a sales tax) for City services, facilities and programs? Yes No Section 2. That the above proposed ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the ballots to be used at the election shall be in the form and content as required by law. Section 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct and election. Section 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the elections and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Election Code of the State of California. Section 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Resolution No. 2006 — February 7, 2006 Page Two Section 7. That notice of the time and place of holding said election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election in time, form and manner as required by law. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Exhibit "A" ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 4.60 TO THE NATIONAL CITY MUNICIPAL CODE TO IMPOSE A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION BE IT ORDAINED by the People of the City of National City as follows: Section 1. That Title 4 of the National City Municipal Code is hereby amended by adding Chapter 4.60 to read as follows: Chapter 4.60 TRANSACTIONS AND USE TAX Sections: 4.60.010 Title 4.60.020 Definitions 4.60.030 Operative date 4.60.040 Purpose 4.60.050 Contract with State Board of Equalization 4.60.060 Transactions tax rate 4.60.070 Place of sale 4.60.080 Use tax rate 4.60.090 Adoption of provisions of state law 4.60.100 Limitations on adoption of State law and collection of use taxes 4.60.110 Permit not required 4.60.120 Exclusion; exemptions 4.60.130 Permissible uses 4.60.140 Amendments 4.60.150 Enjoining collection forbidden 4.60.160 Severability 4.60.170 Independent committee 4.60.010 Title. This chapter shall be known as the "City of National City Transactions and Use Tax Ordinance". This ordinance shall be applicable in the incorporated territory of the City. 4.60.020 Definitions. As used in this chapter, "City" means the City of National City and "tax" means the transactions and use taxes, sometimes also referred to as "sales tax", imposed under the provisions of this ordinance; "tax revenue" and "tax revenues" mean all proceeds of the tax received by the City from the State Board of Equalization. Exhibit "A" 4.60.030 Operative date. "Operative date" means the first day that the tax is imposed and collected. The operative date shall be October 1, 2006, unless a later operative date becomes effective under the provisions of Section 4.60.050. 4.60.040 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall. be operative if a majority vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 4.60.050 Contract with State Board of Equalization. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 4.60.060 Transactions tax rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1 % (one percent) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 2 Exhibit "A" 4.60.070 Place of sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. 4.60.080 Use tax rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1 % (one percent) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 4.60.090 Adoption of provisions of state law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 4.60.100 Limitations on adoption of state law and collection of use taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; Exhibit "A" b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. 4.60.110 Permit not required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 4.60.120 Exclusion; exemptions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law' or the amount of any state - administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of -City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out -of -City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of operty, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 4 Exhibit "A" 5. For the purposes of subparagraphs 3 and 4 of this subsection B, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs 3 and 4 of this subsection C, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personalproperty shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph 7 of this subsection C, a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 5 Exhibit "A" 4.60.130 Permissible uses. The revenues of the tax shall be deposited in the City's general fund and may be used for any legal municipal purpose. 4.60.140 Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 4.60.150 Enioining collection forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 4.60.160 Severabilitv. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 4.60.170 Independent committee. Every five (5) years the Mayor, with approval of the City Council, shall appoint an independent committee comprised of three (3) experts in financial matters, who will report back their recommendation to the Mayor and City Council as to whether the transactions and use tax should remain in effect, or be placed on the ballot to be repealed by a majority of the voters voting thereon. Section 2. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall become effective upon the approval of the tax imposed hereunder by a majority of the voters of the City voting thereon. at an election called for that purpose. The "operative date" of the tax imposed hereunder shall be as provided in Section 4.60.030. PASSED and ADOPTED this ATTEST: oc, R. Dalla, City Clerk day of , 2006. Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 6 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 AGENDA ITEM NO. 26 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 6, 2006, FOR THE PURPOSE OF SUBMISSION OF A BALLOT MEASURE TO THE VOTERS AS REQUIRED BY THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. PREPARED BY George H. Eiser, III DEPARTMENT (Ext. 4221) EXPLANATION City Attorney The proposed resolution would call and give notice of a Special Municipal Election to be held on June 6, 2006 for the purpose of submission of a ballot measure to the voters relating to approval of an ordinance imposing a One Cent Transactions and Use Tax (sales tax) for city services, facilities, and programs. Environmental Review X N/A Financial Statement Sufficient funds are available to place the measure on the ballot. >STAFF RECOMMENDATION Adopt resolution Account No. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. A-200 (9/80) RESOLUTION NO, 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 6, 2006, FOR THE PURPOSE OF SUBMISSION OF A BALLOT MEASURE TO THE VOTERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a Special Municipal Election shall be held on June 6, 2006 for the purpose of submission of a ballot measure to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of National City, California, on Tuesday, June 6, 2006, a .Special Municipal Election for the purpose of submission of the following ballot measure to the voters: Shall an ordinance be approved imposing a one percent transactions and use tax (a sales tax) for City services, facilities and programs? Yes No Section 2. The election hereby called for June 6, 2006, is hereby ordered consolidated with any other election to be held within the City on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and returned, returns canvasses, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date and that said election be held in all respects as if there were only one election. Section 3. That the ballots to be used at the election shall be in form and content as required by law. Section 4. That the City Clerk is authorized to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct this election. Section 5. That the Polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Resolution No. 2006 — February 7, 2006 Page Two Section 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2005 AGENDA ITEM NO. 2 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 6, 2006, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE. PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Section 10403 of the California Elections Code authorizes the City to place a ballot measure on the same ballot as that provided for a statewide election, and to consolidate a special municipal election with a statewide election, upon the filing with the County Board of Supervisors of a resolution of the City Council requesting the consolidation. The proposed resolution would satisfy the requirements of Section 10403. Environmental Review X N/A Financial Statement Sufficient funds are available to place the measure on the ballot. Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. A-200 (9/801 RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 6, 2006 WITH THE STATEWIDE SPECIAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of National City called a Special Municipal Election to be held on June 6, 2006, for the purpose of submission of a ballot measure to the voters; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the statewide primary election to be held on the same date and that within the City the precincts, polling places and election officers for the two election be the same, and that the Registrar of Voters of the County of San Diego canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That pursuant to the requirements of Section 10403 of the Election Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the statewide special election on Tuesday, June 6, 2006, for the purpose of submission of the following ballot measure to the voters: Shall an ordinance be approved imposing a one percent transactions and use tax (a sales tax) for City services, facilities and programs? Yes No Section 2. That the Registrar Special Municipal Election. The election election, and only one form of ballot shall Section 3. That the Board of Registrar of Voters to take any and all election. of Voters is authorized to canvass the returns of the shall be held in all respects as if there were only one be used. Supervisors is requested to issue instructions to the steps necessary for the holding of the consolidated Section 4. That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. Section 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego, and enter it into the Book of original Resolutions of the City. Resolution No. 2006 — February 7, 2006 Page Two PASSED and ADOPTED this 7th day of February, 2006. Nick lnzunza, 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 February 7, 2006 AGENDA ITEM NO. 28 / ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE TO APPROVE AN ORDINANCE IMPOSING A ONE CENT TRANSACTIONS AND USE TAX (A SALES TAX) FOR CITY SERVICES, FACILITIES, AND PROGRAMS. PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney Section 9280 of the California Elections Code authorizes the City Council to direct the City Attorney to prepare an impartial analysis of the ballot measure, not to exceed 500 words in length. The impartial analysis shall show the effect of the measure on existing law and the operation of the measure. Preparation of the impartial analysis is discretionary with the City Council. Section 9282 of the Elections Code provides that the City Council, any councilmember authorized by the City Council, or any eligible voter, or an association of citizens, or a combination of voters and associations, may file a written argument for or against a measure. The written argument may not exceed 300 words in length. Up to five signatures may appear on the written argument. As with the impartial analysis, submittal of ballot arguments is discretionary with the City Council. Section 9285 of the Elections Code authorizes the filing of rebuttal arguments by those filing arguments in support of and in opposition to a measure. However, the City Council, pursuant to Resolution No. 2001-191, took action to preclude the filing of rebuttal arguments. This action will remain in effect until such time as Resolution No. 2001-191 is repealed. (-Environmental Review Financial Statement N/A >STAFF RECOMMENDATION Adopt resolution X N/A Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) RESOLUTION 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE TO APPROVE AN ORDINANCE IMPOSING A ONE CENT TRANSACTION AND USE TAX (A SALES TAX) FOR CITY SERVICES, FACILITIES, AND PROGRAMS, AND REQUESTING COUNTY SERVICES WHEREAS, the City Council has passed a Resolution entitled "Resolution of the City Council of the City of National City Ordering the Submission of a Measure to the Qualified Voters of the City of National City at the Special Municipal Election to be held on June 6, 2006, Relating to Approval of an Ordinance Imposing a Once Cent Transactions and Use Tax (A Sales Tax) for City Services, Facilities and Programs"; and WHEREAS, the City Council desires that the election called under the Resolution be consolidated with any other election to occur on June 6, 2006, in the territory of the City and that said measure be included on the ballot for said election; and WHEREAS, Section 9280 of the California Elections Code authorizes the filing of an impartial analysis and Sections 9281-9283 of said Code authorize the filing of written arguments for or against any ballot proposition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AS FOLLOWS: Section 1. Request to County to Conduct Election. The Board of Supervisors of the County of San Diego and the San Diego County Registrar of Voters, are hereby requested and authorized to properly and lawfully hold and conduct a municipal election in the City on June 6, 2006, pursuant to the Resolution, including but not restricted to the providing and printing of ballots and polling place cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. Section 2. Authorization to file Written Argument. The Mayor and the City Council, or their designee, are hereby authorized to prepare and file a written argument for the proposition to be submitted at said municipal election. All written arguments for or against the proposition shall not exceed 300 words in length and shall otherwise conform to and comply with all applicable provisions of the California Elections Code. The deadline date for the submittal of arguments, in favor or in opposition, shall be as required by the City Clerk under Section 9286 of the California Elections Code. Section 3. City Attorney's Impartial Analysis. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the Resolution. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the proposition specified in the Resolution showing the effect of the measure on the existing law and the operation of the measure, said analysis to be submitted by the City Attorney to the City Clerk for printing before the arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the California Elections Code. The deadline date for submittal of the analysis shall be as required by the City Clerk. Resolution No. 2006 — February 7, 2006 Page 2 Section 4. Consolidation; Manner of Conducting Election. The election hereby called for June 6, 2006, is hereby ordered consolidated with any other election to be held within the City on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and returned, returns canvasses, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the municipal election hereby called with any other lection to be held within the City on said date and that said election be held in all respects as if there were only one election. Section 5. Consolidation; Cost. The City of National City Recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, HI City Attorney City of National City, California COUNCIL AGENDA STATEMENT ra4EETING DATE February 7, 2006 29 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF EASEMENT AGREEMENT AND A LEASE AGREEMENT WITH BALDOCK HOLDINGS, INC. FOR AN UNDERGROUND PARKING GARAGE UNDERLYING THE CITY OWNED ALLEY FOR A RESIDENTIAL CONDOMINIUM PROJECT ON HIGHLAND AVENUE BETWEEN 21ST AND 22ND STREETS PREPARED BY George H. Eiser, III 4221 EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Easement Agreement Lease Agreement Resolution No. A-200 (9/80) City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III . City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: 'January 23, 2006 FROM: City Attorney SUBJECT: Grant of Easement Agreement and Lease Agreement with Baldock Holdings, Inc. Baldock Holdings, Inc. is the developer of a residential condominium project on the west side of Highland Avenue between 21st and 22nd Streets. In order to meet the City's parking requirements for the project, the developer proposes to build an underground parking garage, part of which will be located under a 16 foot wide City -owned alley located to the west of the developer's property. To accomplish construction of the underground parking garage, two documents are necessary: 1) a Grant of Easement Agreement, which would grant the developer a permanent easement underlying 11 feet of the City's alley, and 2) a Lease Agreement, wherein the developer would lease the remaining 5 feet of the alley to permit construction of the parking garage. The Lease will be for a period of 9 months, during which time the alley will be inaccessible to the public. The lease requires that prior to entering the leased premises, the Lessee obtain consent from all property owners adjacent to the alley that the alley be closed during the term of the lease and any extension thereof. Upon completion of construction of the parking garage, the developer will restore the alley to City standards. The developer will pay the City $77,692 for the Grant of Easement, and $4,770 for the 9 month lease of a portion of the alley. /-3g4.,234. GEORGE H. ISER, III City Attorney GHE/gmo ® Recycled Paper RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: George H. Eiser III, Esq. City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 A.P.N. 560-320-13, -14, -15, -26 Above space for Recorder's use. GRANT OF EASEMENT AGREEMENT This Grant of Easement Agreement ("Agreement") is made and entered into this day of , 2006, by and between the City of National City, a municipal corporation, hereinafter referred to as "Grantor", and Baldock Holdings, Inc., a Nevada corporation, hereinafter referred to as "Grantee". RECITALS A. Grantor is the owner of an unnamed 16-foot alley located west of Highland Avenue, between 21st Street and 22nd Street in the City of National City, County of San Diego, State of California. Said alley is from time to time referred to herein as the "Servient Tenement". B. Grantee is the owner of certain real property adjacent to said alley. Said real property is from time to time referred to herein as the "Dominant Tenement". C. Grantor has agreed to grant to Grantee an 11-foot wide easement under said alley for the purpose of constructing and maintaining an underground parking garage as part of a residential condominium project to be built on Grantee's property. AGREEMENT NOW, THEREFORE, Grantor grants the Easement (as hereinafter defined) to Grantee under the following terms and conditions: Section 1. Grant of Easement. Grantor hereby grants to Grantee an easement under a portion of the Servient Tenement, as more particularly described in Exhibits "A", `B", and "C", for the Easement Purposes, as defined in Section 2 of this Agreement (the "Easement"), subject to all matters and encumbrances of record affecting the Servient Tenement, on the terms and conditions set forth in this Agreement. Section 2. Easement Purposes. "Easement Purposes" collectively means use of the Servient Tenement as is necessary, desirable or advisable for the following purposes: A. Vehicular and pedestrian ingress and egress by Grantee, its successors, assigns, tenants, customers and invitees of such tenants; and B. Routing, installation, use, maintenance, service and operation of certain utilities, including without limitation sanitary sewer, water, gas, electrical, telephone, fiber optics and cable television systems serving the Dominant Tenement, including, among other things, all of the wiring, outlets, pipes, conduits, valves and meters relating thereto (collectively, "Utilities"), and all rights corresponding or incidental thereto. Section 3. Character of Easement. The Easement is exclusive and appurtenant to the Dominant Tenement and includes the absolute right of Grantee to use the Easement for the Easement Purposes, which use must not be disturbed, interrupted or impeded in any manner while this Agreement is in effect. Section 4. Tenn. The Easement will be an easement in perpetuity for the benefit of Grantee, its successors and assigns. Section 5. Consideration. In consideration of the grant of the , Grntee pay to Grantor the amount of $77,692 within 3 calendar days ofthe date first above written. will Section 6. Non -Interference with Servient Tenement. Grantee agrees that in the improvement and use of the Easement granted herein that it shall at no time interfere with Grantor's use of the Servient Tenement, including without limitation the use of Grantor's alley for public right-of-way purposes with all rights incident to the ownership of the public right-of- way, including the installation and maintenance of utilities. Grantee's obligation not to interfere with the Servient Tenement shall apply during the entire term of this Agreement, and in the event that this Agreement is terminated and the improvements constructed upon the Easement are removed. Upon termination of this Agreement and of the Easement, Grantee shall have 180 days to remove any improvements constructed by it upon the Easement. Section 7. Payment for Utilities. Grantee shall pay all rates and charges which become payable for utility requirements, including gas, electricity, water and sewer. Section 8. Taxes. Grantee recognizes a possessory interest subject to property taxati n and dthat Grantee mathaty bte s subjectEjton the payment nt of property taxes levied on such interest. Grantee further agrees to payanp Ylerty taxes, if any, assessed during the term of this Agreement pursuant to Sections y107daall nd property of the Revenue and Taxation Code against Grantee's possessory interest in the Easement. Section 9. Compliance with Law. Grantee shall not use the Easement or permit anything to be done in or about the Easement which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force, or which may hereafter be enacted or promulgated. Grantee shall, at its sole cost and expense, promptly comply with all 2 laws, statutes, ordinances and governmental rules, regulations or requirements now in force or ancy of the Easement. may ejudr be in force, relating fto, ompetent jurisdiction orng the lon, use or the admission of Grantee in Easement. The judgment of any any action against Grantee, whether Grantor be a party thereto, or not, that Grantee has violated any law, statute, ordinance or governmental regulations or requirement, shall be conclusive of the fact as between the Grantor and the Grantee. Section 10. Assignment and Subletting. Grantee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate, or encumber this Easement or or any interest therein, and shall not assign the said Easement, or any part thereof, or of any right privilege appurtenant thereto, or to suffer any other person (the employees, agents, servants, and invitees of Grantee excepted) to occupy or use the said Easement, or any portion thereof, without the written consent of Grantor first had and obtained, and a consent to one assignment, occupation, or use by any other person shall not be deemed to be a consent to anysubsequent assignment, occupation, or use by anther person. Any such assignment, without such consent, shall be void, and shall, at the option of the Grantor, constitute a default under this Agreement. Section 11. Waiver and Indemnity. It is agreed that Grantor is to be freeofrany om kind liability and claim for damages by reason of any injury to persons or to property owhatsoeverGrantee, e and to whomsoever antbelonging, elor emmployees. by, or Granteee to the expressly ligence or covenants intentional and agrees to of Grantee, its agents, servants, indemnify, defend and save harmless Grantor from all liability, loss, cost, and obligations on account of or arising out of any such injuries, death, or losses. Section 12. Insurance. Grantee shall take out, prior to entering the Easement and maintain throughout the period of this Agreement, commercial general liability insurance with minimum limits of Two -Million operty damage0a 000� combined this single limit Agreement peroccurrence, shall covering all bodily injury, p which holds a current policy holder's be written with only a California admitted companyt alphabetic and financial size category ratinof egof not less than VIII ual financial stability that according approve' by Grantorto the Key Rating Guide, or a company q Risk Manager. This policy shall name Grantor and its officers, agents, employees, and volunteers as additional insureds, and shall constitute primary insurance as to Grantor and its officers, agents, employees, and volunteers so that any other policies held by Grantorodays' shall not contribute to any loss under said insurance. Said policy shall provide for thirty ( )prior noticeGrantee e Grantor ofni cancellationoGnor a certificate or material nge. Prior to commencement of of insurance and with original endorsements Grantee shall furnish to G affecting coverage required by this clause. Grantee shall procure and maintain during the term of this Agreement, Workers' Compensation Insurance in accordance with the laws of the State of California. The certificates and endorsements for the insurance policies are to be signed by a cates and person authorized by that insurer ta° bind coverage on its roved by Grantor before this is siglf. The ned by endorsements are to be received and pp Grantor. 3 If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Grantee shall maintain such insurance coverage for three (3)years after expiration of the term (and any extensions) of this Agreement. g If Grantee does not keep an insurance policy in full force and effect at all times during the teen of this Agreement, Grantor may elect to treat the failure to maintain the requisite insurance as a breach of the Agreement, and in addition to other remedies then available to Grantor, Grantor may obtain the necessary insurance, and the cost of obtaining said insurance shall be an obligation of Grantee. Insurance provisions of this Agreement may be reviewed by Grantor from time to time, and the required coverages increased as deemed necessary by Grantor. Section 13. Indemnity and Hold Harmless. Grantee shall indemnify harmless Grantor against and from any and all claims arising from Grantee's use of the Easement, and shall further indemnify and hold armless claims arising from any breach or default in the performance of Grantor obligation no Grantee's any and all to be performed under the terms of this Agreement or arising "from any act of negligence of Grantee or any officer, agent, employee, part costs, attorney's fees, expenses, and liabilities incurred in ortee about boutf taany stee uch d claim or any against n, or proceeding brought thereon; and, in any case, action, or proceeding, be brought against Grantor by reason of any such claims, Grantee, upon notice from Grantor, shall defend the same at Grantee's expense by counsel reasonably satisfactory to Grantor. Section 14. Indemnity: Environmental Conditions. Grantee, its successors and assigns, shall indemnify, defend, and hold harmless Grantor, and its directors, officers, partners employees, agents, successors, and assigns from and against any and all liabilities, losses, claims, demands, penalties, fines, settlements, damages (including foreseeable and unforeseeable consequential damages), response, remedial, or inspections costs, and any expenses (including, without limit, attorney and consultant fees, laboratory costs, and litigation costs) of whatever kind or nature, known or unknown, contingent or otherwise, which are incurred by or asserted against Grantor at any time and arise from or relate directly to (i) any Hazardous Materials or Other Conditions from, in, on, under, or affecting or otherwise resulting from Grantee's operations or activities on the Easement; (ii) migration of Hazardous Materials or Other Conditions onto any other property from Grantee's operations; (iii) disposal of Hazardous Materials and Other Conditions on the Easement by the Grantee or any sublessee, known or unknown; (iv) the removal, treatment, remediation, or disposal of Hazardous Materials or Other Conditions on or from the Easement; and, (v) any personal injuries or property damages, real or personal, any violations of law or of orders, regulations, requirements or demands of governmental authorities, and any lawsuit brought or threatened, settlement reached, or governmental order arising out of or in any way related to Hazardous Materials or Other Conditions on, in, from, under, or affecting or otherwise resulting from Grantee's or any sublessee's operations or activities on the Easement. The agreement to indemnify, defend, and hold harmless set forth above is in addition to, and in no way shall be construed to limit or replace, any other obligations or liabilities which any party may have to or against the other parties at common law or otherwise. 4 For purposes of this Agreement, "Hazardous Materials" shall mean any substance, product, waste, or other material of any nature whatsoever which (i) is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Reesponse. CompenHazardous Material and Liability Act, 42 U.S.C. Section 9061, et seq. ("CERCLA");the h Transportation Act, 49 U.S.C. Section 1801, et seq.; the Reic source Conservation s Control Act Recovery , 15 C. Act, 42 U.S.C. Section 6901, et seq. ("RCRA"); the ToSection 2601, et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq., (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 2550 et seq. (Hazardous Materials ReAgreement Response Plans and Inventory); or the California Porter-Colognetherf deralater sQtuality Coor to ntarolaAct, Water Code Section 13000 et seq., all as amended, or any law, ordinance, resolution, code, rule, regulation, order or decree toor regulating, relating waste, to, or imposing liability or standards of conduct concerning any (..s . substance, product, substance or material, as now or at any time hereafter in effect,; i1 is any waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory decisions ons on a negligence,t,trespass, intentional tort, nuisance or strict liability or under anreported and petroleumciionsof products, and federall court, or (iii) is petroleum or crude oil other than petroleum asbestos. "Other Conditions" shall mean and include, without limit, si methane and othor other nonhazardous wastes or materials, and any soconditions, related to current or previous uses or subsurface conditions which arise out of or in any way activities on the Easement. Section 15. Default. The failure by Grantee to observe or perform any of the covenants, conditions, or provisions of this Agreement to beobserved o o erfu ormed a dult byaGran ante eea where such failure shall continue for a period of thirty (30) days, breach of this Agreement. be overned exclusively by Section 16. Governing the laws of the State of Cal California, asement lthe same from time to time exist. provisions hereof, andby Section 17. Notices. Whenever in this Agreement, a notice or demand is to be given or served by either party to the Agreement, such notice or demand shall be given and served in writing, forwarded by registered or certifies mail, postage prepaid, and addressed as follows: To Grantor: Stephen Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 5 To Grantee: Baidock Holdings, Inc. P.O. Box 19352 San Diego, CA 92159 Section 18. Attorney's Fees. In the event of the bringing of an action by either party hereto, as against the other herein, or hereunder, or by reason of the breach of any covenant or condition on the part of the other party or arising out of this Agreement; then, in that event, the party in whose favor final judgment shall be entered, shall be entitled to have and recover of and from the other reasonable attorney's fees to be affixed by the court wherein such judgment shall be entered. Section 19. Liens. Grantee shall keep the Easement free from any liens arising out of any work performed, materials furnished, or obligations incurred by Grantee. Section 20. Entry by Grantor. Grantor reserves and shall, at any and all times, have the right to enter the Easement, inspect the same, to post notice of non -responsibility, and at Grantee's sole cost and exposure, repair any improvements if the City Engineer determines that such repair is necessary to maintain the structural integrity of the alley. In the event of such entry, the entrance to the Easement shall not be blocked thereby, and further, such entry shall not interfere with Grantee's occupancy of the Easement. Any entry to the Easement obtained by Grantor by any of the said means, or otherwise shall not under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Easement, or an ejectment of Grantee from the Easement or any portion thereof. Grantor will give reasonable notice for such entry, except in the case of an emergency. Section 21. Waiver. It is agreed that any waiver by Grantor of any breach, of any one or more of the covenants, conditions, or agreements of this Agreement, shall not be construed to be a waiver of any subsequent or other breach of the same or any other covenant, condition, or agreement; nor shall any failure on the partof the Grantor to require exact or full, complete and explicit compliance with any of the covenants, conditions, or agreements in this Agreement be construed as in any manner changing the terms hereof, or to estop Grantor from enforcing the full provisions hereof, nor shall the terms of this Agreement be changed or altered in any way whatsoever, other than by written amendment, signed by both parties. Section 22. Waste. Grantee agrees not to commit, or suffer to be committed, any strip or waste of the Easement. Section 23. Prior Agreements. This Agreement contains all of the agreements of the parties hereto, with respect to any matter covered or mentioned in this Agreement, and no prior agreements or understanding pertaining to any such matters shall be effective for any purposes, with the exception of that document entitled "Lease Agreement" entered into by Grantor and Grantee. Section 24. Severability. Any provision of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall remain in full force and effect. 6 Section 25. Cumulative Remedies. It is agreed that the rights and remedies given to the Grantor by this Agreement are cumulative and are not intended and shall not operate to deprive the Grantor of any other rights or remedies available to him whether in law or equity or pursuant to special proceedings. Section 26. Headings. The marginal headings and Section titles to the Sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part hereof. Section 27. Authority of Parties. If Grantee is a corporation, each individual executing this Agreement on behalf of said corporation represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation, or in accordance with the by-laws of said corporation, and that this Agreement is binding upon said corporation in accordance with its terms. Section 28. Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. Section 29. Definitions. All words used herein, in the singular number shall include the plural, the present tense shall include the future tense, and the masculine gender shall include the feminine and neuter genders. If more than one person executes this instrument as Grantee, their obligations hereunder shall be joint and several. The term "Grantor" shall include its agent, attorney, or authorized representative. Section 30. 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. Section 31. 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 net otiation 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 rending 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. Section 32. Recordation. This Agreement may be recorded by either party hereto. Section 33. Termination by Grantor. Notwithstanding the provisions of Section 4, or any other provision of this Agreement to the contrary, in the event Grantor determines the Easement is needed for public, municipal, or redevelopment purposes, Grantee agrees to enter into good faith negotiations with Grantor to terminate this Agreement and the Easement, and in the event the parties agree to terminate this Agreement, all improvements erected upon the 7 Easement shall be removed within a period of time mutually acceptable to the parties, said removal to be secured by a performance security in an amount acceptable to the City Engineer, and in a form acceptable to the City Attorney. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement effective as of the date first above written. GRANTEE: (two signatures required) BALDOCK HOLDINGS, INC. By: Title: By: Title: GRANTOR: CITY OF NATIONAL CITY By: Nick Inzunza, Mayor EXHIBIT "A" AN EASEMENT FOR UNDERGROUND GARAGE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: "THE EASTERLY ELEVEN (11) FEET OF THE SIXTEEN (16) FOOT ALLEY OF BLOCK 4 OF HAYES' HIGHLAND ADDITION ACCORDING TO MAP THEREOF NO. 1038, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 15, 1907." JN. 65271 30' 40' EXHIBIT "B" N17'48'50"W 330.39' 30' 30' 0 20' HIGHLAND AVENUE N72'06'43'E 11.00' 20' 40' B l' C K .I -r 30' 30' J,� MAP NO. B 01 :. .. o w W LL\YE'J HJGHL ANlE) j_\DDJTJJN -st — K ;9 o v) o z o G 16' ALLEY 01 N17'48'50'W 260.62' hi 260.64' N 17'48'50"W LJL'< v r MAP NO. E 301 330.63' 11' EASEMENT FOR THE UNDERGROUND GARAGE WITHIN 16' ALLEY 0 N71'59'10'E 11.00' SCALE: 1 "= 60. JN. 6527 EXHIBIT "C" L DC.K 4 MAP No. 8301 1-1AY. 's HIGHLAND ADDITION ,-ALLEY RIGHT-OF-WAY 0 0 0 �- PROPOSED-\ UNDERGROUND 1 GARAGE G 11' EASEMENT FOR THE UNDERGROUND GARAGE WITHIN 16' ALLEY PARKING SPACE (TYP.) y UNDERGROUND GARAGE WALL ALLEY RIGHT-OF-WAY CENTERLINE OF ALLEY � I O CC }< 4 MAP No. 8601 HAYCS HIGHLAND ADDITION 16' ALLEY SCALE: 1 "= 30' 0 0 22nd STREET JN. 6527 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: George H. Eiser III, Esq. City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 A.P.N. 560-320-13, -14, -15, -26 LEASE AGREEMENT This Lease Agreement is made and , 2006, by and between corporation, hereinafter referred to as "Lessor", corporation, hereinafter referred to as "Lessee". Above space for Recorder's use. entered into this day of the City of National City, a municipal and Baldock Holdings, Inc., a Nevada RECITALS A. Lessor is the owner of the 16-foot alley located west of Highland Avenue, between 21 st Street and 22nd Street in the City of National City. B. Lessee is the owner of certain real property adjacent to said alley. C. Pursuant to a separate Grant of Easement Agreement, Lessor has agreed to grant to Lessee an 11-foot wide easement under said alley for the purpose of constructing and maintaining an underground parking garage as part of a residential condominium project to be built on Lessee's property. D. During the period of construction of the parking garage improvements, Lessee desires to lease the remaining western 5-foot width of Lessee's 16-foot alley. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, Lessor and Lessee hereby agree as follows: 1. LEASED PREMISES. For, and in consideration of the rentals hereinafter agreed to be paid, the Lessor hereby leases to the Lessee, and Lessee hereby leases from the Lessor, that certain premises consisting of the western 5 feet of the alley located west of Highland Avenue between 21st Street and 22nd Street in the City of National City. 2. TERM. The term of this lease shall be for a period of 9 months, commencing on , 2006, and terminating on , 2006. Prior to entering the leased premises, Lessee shall provide proof to Lessor that Lessee has obtained written consent from all property owners adjacent to the alley for the alley to be closed during the term of this lease and any extension thereof. 3. TENANT IMPROVEMENTS. Lessee shall be liable for all costs of improvements performed on the premises. 4. RESTORATION OF LEASED PREMISES. At the expiration of this Lease or other termination thereof, Lessee shall restore the leased premises to a 16-foot alley meeting the requirements set forth in the City of National City's standard specifications, as determined by the City Engineer. 5. PERFORMANCE BOND. Lessee shall furnish, prior to entering the leased premises, and maintain throughout the term of this Lease, a performance bond in the amount of 100%, and a payment bond in the amount of 50%, of the cost to restore the leased premises to the condition required by this Lease. Said bond shall be in an amount approved by the City Engineer, and in a form approved by the City Attorney. 6. RENT. Lessee shall pay Lessor, without deduction offset, or abatement, and Lessor agrees to accept as rent for the premises, the sum of $4,770.00, payable upon commencement of the lease term. 7. PAYMENT FOR UTILITIES. Lessee shall pay all rates and charges which become payable for utility requirements, including gas, electricity, water and sewer. 8. TAXES. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the leased premises. 9. COMPLIANCE WITH LAW. Lessee shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force, or which may hereafter be enacted or promulgated. Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force, relating to, or affecting the condition, use or occupancy of the premises. The judgment of any court of competent jurisdiction or the admission of Lessee in any action against Lessee, whether Lessor be a party thereto, or not, that Lessee has violated any law, statute, ordinance or governmental rule, regulations or requirement, shall be conclusive of the fact as between the Lessor and the Lessee. 10. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate, or encumber this Lease or any interest therein, and shall not sublet the said premises, or any part thereof, or of any right or privilege appurtenant thereto, or to suffer any other person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use the said premises, or any portion thereof, without the written consent of Lessor first had and obtained, and a consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by anther person. Any such assignment or subletting, without such consent, shall be void, and shall, at the option of the Lessor, constitute a default under this Lease. City of National City 2 Lease Agreement Baldock Holdings, Inc. February 2006 11. WAIVER AND INDEMNITY. It is agreed that Lessor is to be free from all liability and claim for damages by reason of any injury to persons or to property of any kind whatsoever and to whomsoever belonging, caused by, or due to the negligence or intentional acts of Lessee, its agents, servants, or employees. Lessee expressly covenants and agrees to indemnify, defend and save harmless Lessor from all liability, loss, cost, and obligations on account of or arising out of any such injuries, death, or losses. 12. INSURANCE. Lessee shall take out, prior to entering the leased premises and maintain throughout the period of this Lease, commercial general liability insurance with minimum limits of Two -Million Dollars ($2,000,000) combined single limit per occurrence, covering all bodily injury, and property damage arising out of this Lease. Insurance shall be written with only a California admitted company which holds a current policy holder's alphabetic and financial size category rating of not less than A VILE according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by Lessor's Risk Manager. This policy shall name Lessor and its officers, agents, employees, and volunteers as additional insureds, and shall constitute primary insurance as to Lessor and its officers, agents, employees, and volunteers so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish to Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. Lessee shall procure and maintain during the term of this Lease, Workers' Compensation Insurance in accordance with the laws of the State of California. The certificates and endorsements for the insurance policies are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by Lessor before this Lease is signed. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the Lease and terminate this Lease forthwith. Insurance provisions of this Lease may be reviewed by Lessor from time to time, and the required coverages increased as deemed necessary by Lessor. 13. INDEMNITY AND HOLD HARMLESS. Lessee shall indemnify and hold harmless Lessor against and from any and all claims arising from Lessee's use of the premises, and shall further indemnify and hold harmless Lessor against and from any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease or arising from any act of negligence of Lessee or any officer, agent, employee, guest, or invitee of Lessee and from all and against costs, attorney's fees, City of National City Baldock Holdings, Inc. 3 Lease Agreement February 2006 expenses, and liabilities incurred in or about any such claim, or any action, or proceeding brought thereon; and, in any case, action, or proceeding, be brought against Lessor by reason of any such claims, Lessee, upon notice from Lessor, shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor. 14. INDEMNITY: ENVIRONMENTAL CONDITIONS. Lessee, its successors and assigns, shall indemnify, defend, and hold harmless Lessor, and its directors, officers, partners employees, agents, successors, and assigns from and against any and all liabilities, losses, claims, demands, penalties, fines, settlements, damages (including foreseeable and unforeseeable consequential damages), response, remedial, or inspections costs, and any expenses (including, without limit, attorney and consultant fees, laboratory costs, and litigation costs) of whatever kind or nature, known or unknown, contingent or otherwise, which are incurred by or asserted against Lessor at any time and arise from or relate directly to (i) any Hazardous Materials or Other Conditions from, in, on, under, or affecting or otherwise resulting from Lessee's operations or activities on the premises; (ii) migration of Hazardous Materials or Other Conditions onto any other property from Lessee's operations; (iii) disposal of Hazardous Materials and Other Conditions on the premises by the Lessee or any sublessee, known or unknown; (iv) the removal, treatment, remediation, or disposal of Hazardous Materials or Other Conditions on or from the premises; and, (v) any personal injuries or property damages, real or personal, any violations of law or of orders, regulations, requirements or demands of governmental authorities, and any lawsuit brought or threatened, settlement reached, or governmental order arising out of or in any way related to Hazardous Materials or Other Conditions on, in, from, under, or affecting or otherwise resulting from Lessee's or any sublessee's operations or activities on the premises. The agreement to indemnify, defend, and hold harmless set forth above is in addition to, and in no way shall be construed to limit or replace, any other obligations or liabilities which any party may have to or against the other parties at common law or otherwise. For purposes of this Lease, "Hazardous Materials" shall mean any substance, product, waste, or other material of any nature whatsoever which (i) is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response. Compensation and Liability Act, 42 U.S.C. Section 9061, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. Section 2601, et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq., (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 2550 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter -Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended, or any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous toxic or dangerous waste, substance or material, as now or at any time hereafter in effect; (ii) is any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of City of National City Baldock Holdings, Inc. 4 Lease Agreement February 2006 the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court, or (iii) is petroleum or crude oil other than petroleum and petroleum products, and (iv) asbestos. "Other Conditions" shall mean and include, without limit, methane and other gases, nonhazardous wastes or materials, and any soil conditions, physical conditions, or other subsurface conditions which arise out of or in any way are related to current or previous uses or activities on the premises. 15. DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: A. The failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by the Lessee, where such failure shall continue for a period of thirty (30) days. B. The making by Lessee of any general assignment or general arrangement for the benefit of creditors; or the filing, by or against Lessee, of a petition to have Lessee adjudge a bankrupt, or a petition, or reorganization, or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days; or in the appointment of a trustee or a receiver to take possession of substantially all of Lessee's assets located at the premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or the attachment, execution, or other judicial seizure of substantially all of Lessee's assets located at the premises or of Lessee's interest in this Lease, where such seizure is not discharged in thirty (30) days. 16. REMEDIES IN DEFAULT. In the event of any such material default, or breach by Lessee, Lessor may at any time thereafter, with or without notice or demand, and without limiting Lessor in the exercise of a right or remedy, which Lessor may have by reason of such default or breach, terminate Lessee's right to possession of the premises by any lawful means, in which case this Lease shall terminate and Lessee shall surrender possession of the premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee, all damages incurred by Lessor by reason of Lessee's default, including but not limited to the cost of recovering possession of the premises. 17. GOVERNING LAW. This Lease shall be governed exclusively by the provisions hereof, and by the laws of the State of California, as the same from time to time exist. 18. NOTICES. Whenever in this Lease, a notice or demand is to be given or served by either party to the Lease, such notice or demand shall be given and served in writing, forwarded by registered or certifies mail, postage prepaid, and addressed as follows: To Lessor: City of National City Baldock Holdings, Inc. Stephen Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 5 Lease Agreement February 2006 To Grantee: Baldock Holdings, Inc. P.O. Box 19352 San Diego, CA 92159 19. ATTORNEY'S FEES. In the event of the bringing of an action by either party hereto, as against the other herein, or hereunder, or by reason of the breach of any covenant or condition on the part of the other party or arising out of this Lease; then, in that event, the party in whose favor final judgment shall be entered, shall be entitled to have and recover of and from the other reasonable attorney's fees to be affixed by the court wherein such judgment shall be entered. 20. LIENS. Lessee shall keep the premises and the property in which the premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 21. HOLDING OVER. If Lessee remains in possession of the premises, or any part thereof, after the expiration of the term hereof, without the express written consent of Lessor, such occupancy shall be a tenancy from month -to -month at a pro -rated rental based upon the stated rental set forth in Section 6. 22. ENTRY BY LESSOR. Lessor reserves and shall, at any and all times, have the right to enter the premises, inspect the same, to post notice of non -responsibility, and to alter, improve, or repair the premises that Lessor may deem necessary or desirable, without abatement of rent, always providing that the entrance to the premises shall not be blocked thereby, and further, that such work shall not interfere with Lessee's occupancy of the premises. Any entry to the premises obtained by Lessor by any of the said means, or otherwise shall not under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of the premises, or an eviction of Lessee from the premises or any portion thereof. Lessor will give reasonable notice for such entry, except in the case of an emergency. 23. WAIVER. It is agreed that any waiver by Lessor of any breach, of any one or more of the covenants, conditions, or agreements of this Lease, shall not be construed to be a waiver of any subsequent or other breachof the same or any other covenant, condition, or agreement; nor shall any failure on the part of the Lessor to require exact or full, complete and explicit compliance with any of the covenants, conditions, or agreements in this Lease be construed as in any manner changing the terms hereof, or to estop Lessor from enforcing the full provisions hereof, nor shall the terms of this Lease be changed or altered in any way whatsoever, other than by written amendment, signed by both parties. 24. WASTE, ETC. Lessee agrees not to commit, or suffer to be committed, any strip or waste of the leased premises. 25. PRIOR AGREEMENTS. This Lease contains all of the agreements of the parties hereto, with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purposes, with the exception of that document entitled "Grant of Easement Agreement" entered into by Lessor and Lessee. City of National City 6 Baldock Holdings, Inc. Lease Agreement February 2006 26. NOTICE OF NON -OCCUPANCY. Lessee agrees to notify Lessor in writing if at any time during the term of this Lease, the leased premises are to be unoccupied for more than ten (10) days. 27. SEVERABILITY. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall remain in full force and effect. 28. CUMULATIVE REMEDIES. It is agreed that the rights and remedies given to the Lessor by this Lease are cumulative and are not intended and shall not operate to deprive the Lessor of any other rights or remedies available to him whether in law or equity or pursuant to special proceedings. 29. HEADINGS. The marginal headings and Section titles to the Sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. 30. AUTHORITY OF PARTIES. If Lessee is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that they are duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation, or in accordance with the by-laws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. 31. SUCCESSORS AND ASSIGNS. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 32. DEFINITIONS. All words used herein, in the singular number shall include the plural, the present tense shall include the future tense, and the masculine gender shall include the feminine and neuter genders. If more than one person executes this instrument as Lessee, their obligations hereunder shall be joint and several. The term "Lessor" shall include his agent, attorney, or authorized representative. The term "lease premises" shall include all appurtenances thereto. 33. WAIVER OF RELOCATION ASSISTANCE. In consideration for the execution of this Lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the premises. 34. NO OBLIGATIONS TO THIRD PARTIES. Except as otherwise expressly provided herein, the execution and delivery of this Lease 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. 35. 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 Lease 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 City of National City Baldock Holdings, Inc. 7 Lease Agreement February 2006 such party has deemed appropriate, relative to any and all matters contemplated under this Lease Agreement, (iv) each party and such party's counsel and advisors have reviewed this Lease Agreement, (v) each party has agreed to enter into this Lease Agreement following such review and the rending 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 Lease Agreement, or any portions hereof, or any amendments hereto. 36. RECORDATION. This Lease may be recorded by either party hereto. 37. TERMINATION BY LESSOR. Notwithstanding the provisions of Section 2, or any other provision of this Lease to the contrary, Lessor may terminate this Lease without penalty upon ninety (90) days' written notice to Lessee in the event Lessor determines the leased premises are needed for public, municipal, or redevelopment purposes. IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease Agreement effective as of the date first above written. LESSEE: (two signatures required) BALDOCK HOLDINGS, INC. By: Title: By: Title: LESSOR: CITY OF NATIONAL CITY By: Nick Inzunza, Mayor City of National City 8 Lease Agreement Baldock Holdings, Inc. February 2006 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF EASEMENT AGREEMENT AND A LEASE AGREEMENT WITH BALDOCK HOLDINGS, INC. FOR AN UNDERGROUND PARKING GARAGE UNDERLYING A CITY OWNED ALLEY FOR A RESIDENTIAL CONDOMINIUM PROJECT ON HIGHLAND AVENUE BETWEEN 21ST AND 22ND STREETS WHEREAS, Baldock Holdings, Inc. is the developer of a residential condominium project on the west side of Highland Avenue between 21st and 22nd Streets. In order to meet the City's parking requirements for the project, the developer proposes to build an underground parking garage, part of which will be located under a 16 foot wide City -owned alley located to the west of the developer's property; and WHEREAS, to accomplish construction of the underground parking garage, two documents are necessary: 1) a Grant of Easement Agreement, which would grant the developer a permanent easement underlying 11 feet of the City's alley, and 2) a Lease Agreement, wherein the developer would lease the remaining 5 feet of the alley to permit construction of the parking garage for a period of 9 months; and WHEREAS, the developer will pay the City $77,692 for the Grant of Easement, and $4,770 for the 9 month lease of a portion of the alley. NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to execute a Grant of Easement Agreement and a Lease Agreement with Baldock Holdings, Inc. to allow construction of an underground parking garage underlying to City owned alley located west of Highland Avenue between 21st and 22nd Streets. Said Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 30 AGENDA ITEM NO. (-ITEM TITLE Resolution authorizing the City Council to approve, accept, and record Highland Avenue and 21st Street Final Subdivision Map (S-2004-14, CUP-2004-23). PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION Mr. Jay Cleveland and Balding Holdings, the owners of the 2100 Highland Avenue subdivision, has submitted a final map for the property located on the southwest corner of Highland Avenue and 21st Street for the City Council's approval, acceptance, and filing with the County Recorder. The final map consists of 32 condos and commercial spaces. The Planning Commission, on December 6, 2004, has reviewed and approved the tentative map. The City Council approved the tentative map by Resolution 2005-6 on January 18, 2005. The Engineering and Planning Department also have approved the final map. There are no street dedications on this map. ( Environmental Review x N/A Financial Statement N/A >STAFF RECOMMENDATION Vet Adopt the Resolution. MIS Approval Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Subdivision Map Resolution No. jay A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE FINAL SUBDIVISION MAP FOR THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF HIGHLAND AVENUE AND 21ST STREET (CUP-2004-23) WHEREAS, at a regular meeting of the City Council held on January 18, 2005, the City Council adopted Resolution No. 2005-6, approving the tentative subdivision map for the property located on the southwest corner of Highland Avenue and 21st Street, generally described as: Being a subdivision of Lots 11 to 20 of Block 4 of Hayes' Highland Addition according to Map thereof No. 1038, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on March 15, 1907. Together with the Northerly 10 feet of 22nd Street Adjacent to said Lot 20. 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 by the City Council of the City of National City that the final subdivision map for the property located on the southwest corner of Highland Avenue and 21st Street 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 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1900 "1„.I -; HIGHLAND ' AVENUE /— FOUND NAIL & DISC 'RCE18095' N17•4.8•50"w / PER ROS 13498,& CR 8048 [1417-48150'W 330.341 1330.341 NI7'46'1TW 330.39' 9.59' N 17-48'50'W 9.59'] PCINT -B" NiT48'S0'N 250,4T 30' 19012' PomrA- 1 y� N/T48'50'W N17 20' 40' I 21 ST STREET r 20' 40' LOT 1 G-89'46'00T R-10.000' L.156T 280.ST 30' 1 a 'n z 1EALLEY 330.63' Lt Q\ Utz o• (-� ytia• �� ttal Crtl " S) )t \�O c9"G" STREET -98 FOUND LEAD & DISC 'LS 3701' (017'51'16 W 4027') PER RCS 10602-,� (NIT51'16"W, 100.15') 30' 517'48'52"E 100.17' 3D' 30 N W N 0 Z N 0' MAP NO. (FORMERLY "H" AVENUE) 0 (N17'50'09"W 860.76') 330.34' [N17'48'50'11/ 330.34'] FOUND 4 PK NAIL ON MP RIM PER ROS 10602 & R05 13498 0 30 20' ALLEY 30' W � W 14 cc N (n r- RDS 1349B 330.34' 991.02' [N17'48'50"W 3 0.34'] FOUND LEAD & DISC "ROE 26112" PER ROS 11)602 CONVERGENCE ANGLE AT STATION '3239' GRAPHIC SCALE FOUND 3/4" IRON PIPE WITN DISC RCE 25112" PER RCS 10602 51T48'52 E "F" S 10017' REET 33,.30' ��N21'37'39'W CL INTERSECTION OF HWA SURVEYUOp N0.166 TO CL INTERSECTION & IRON PIPE PER R05 10502 ( IM 1'BET 1 8,05 30 tt SHEET 2 OF 2 .�IlEETS 1 P0' FOUND STREET MON N(TH DISC PER HOS 10602.R05 134984 PM 647 LEGEND: 40' 24TH STREET 1.1 - INDICATES FOUND MONUMENT AS NOTE0 -INDICATES SET LEAD AND DISC "RCE 19073' ( ) - INDICATES RECORD DATA FROM ROS 10602 - INDICATES RECORD DATA FROM ROS 13498 ) - INDICATES RECORD DATA FROM HENRY W. ALCERT JOB N0. 186.-PRIVATE SURVEY DATED 7/24/46 NOTES: 1. THE TOTAL CROSS AREA IS 0.70 ACRES/ 30.455 SOUARE FEET 2. THE TOTAL NUMBER OF LOTS IS 1 (ONE). 3. 1NE COMBINED SCALE FACTOR AT STATION-3239" 15 1.0000221 GRID DISTANCE= GROUND DISTANCE 5 COMBINED SCALE FACTOR BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE NAD 83 ZONE 6. GR10 BEARING BETWEEN '3239' L 5.2717 DISC AND "3243" LS 2813 DISC PER RECORD OF SURVEY 14492 I.E. N80 66'56"W. AND THE BASIS IS THE CAUFORNIA COORDINATE SYSTEM NAO 83. DUOTED BEARINGS FROM REFERNCE MAPS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. ROS 14492 STA. "3239" N8056'SS"p F0. LEAD & 015C LS 2717 2300.72' (BAS)S OF �� B (GRID_�300EA,.77.NCS1 ) POINT -A' N 1,823,400.94 '----- E 6,301,679.55 6172'04'10"E. 117.00'- -(GRID=117.00') ., ^. "7 / /1 ph,' ,9 N CT `G,,�O h =h/ � �,4' POINT '8' N 1,823,437.03 E 6,301,790.87 / STA. "3243" ED. LEAD & DISC "LS 2813' N 1,826,876.96 E 6,305,688.69 AL GER T ENGINEERING, INC. Jv 6527 APN 560-320-13,14,15,26 C.C.J. 182-1737 ESIDENT 2100 HIG WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR ARE INTERESTED IN THE LAND SUBDIVIDED BY THIS MAP, TO BE KNOWN AS 2100 HIGHLAND AVENUE AND NE CONSENT TO THE PREPARATION ANC RECORDATION CF THIS MAP, THIS SUBDIVISION IS A CONDOMINIUM PROJECT AS DEFINED IN SECTION 1350 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, CONTAINING A MAXIMUM OF 32 RESIDENTIAL UNITS AND 10 COMMERCIAL TWITS, AND IS FILED PURSUANT TO THE SUBDIVISION MAP ACT AND CONDITIONAL USE PERMIT No. 2204-23 GRANTED BY RrSOLU110N Ncy 2003-6 OF THE NATIONAL CITY COUNCIL. CCK HOLD7S, INC. A NEVADA CORPORATION ... aA J .,?-.233'T�S DATE •j i,./,T VICE-PRESIDENT GATE ACTION FORECLOSURE SERVICES,INC., AS TRUSTEE UNDER THAT DEED OF TRUST RECORDED 8/25/2004 AS DOCUMENT NO 2004-0809268 OF OFFICIAL RECORDS. ACTION FORECLOSURE SERVICES,INC., AS TRUSTEE UNDER THAT DEED OF TRUST RECORDED 8/25/2004 AS DOCUMENT N0 2004-0809269 OF OFFICIAL RECORDS. 3 2L ATE AUSON-M<CLOSKY ESCROW CO., A CALIFORNIA CGRPORATION,AS. TRUSTEE UNDER .':.TWAT DEED OF TRUST RECORDED 10/21/2004 AS -DOCUMENT NO 2004-0999300 OF OFFICIAL RECORDS. i .17-u-01 r DATE 1105 DATE STATE OF CAUFCRNIA COUNTY OF SAN DIEGO, S5. - CN 3-23-05- BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED JOHN M G(CONNE PERSONALLY KNOWN TO ME (OR PROVED TO ME ON RAE BASS OF SATISFACTORY EVIDENCE) TO BE THE PERSON (5) Ym04E NAME(S) IS/ARE SUBSCRIBED TO 11E WRHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/1H0R AUTHORIZED CAFACITY(IES),. AND THAT RY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACED, EXECUTED THE INSTRUMENT. WITNESS MY 4AJ-ND. SIGNATURE: PRINTED NA MY COMMISSION EXPIRES ON A'0 V- X9 2001c_ PRINCIPAL PLACE OF BUSINESS SAN D/L 60 COUNTY N STATE OF CALIFORNIA 1,, COUNTY OF SAN DIEGOI ON MAFru 22- 170<- BEFORE ME A NOTARY PUBLIC IN ANC FOR SAID COUNTY AND STATE. PERSONALLY APPEARED lNA-Rnix' PA-ah..,. fFC I--7/ PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BADS OF SATISFACTORY EVIDENCE) TO BE THE PERSON (S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE SNE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY ES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PEI/SC/N(3), DR THE ENTRY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WTNESS MY H SIGNATURE: .✓u Vart.f1FOy PRINTS NAME OF NOTARY )'VT NrNI 'OVfi/;YES�oF,' MY COMMISSION EXPIRES ON May (3 2005_ PRINCIPAL PLACE OF BUSINESS SN K i ,e ,., COUNTY MAP NO SHEET 1 OF 2 SHEETS LA\3 AVE\LIE CAS= F LE. \o. S-2004—.14/C..P-2004-23 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES _ BEING A SUBDIVISION OF LOTS 11 TO 20 OF BLOCK 4 OF HAYES' HIGHLAND• - ADDITION ACCORDING TO MAP THEROF N0. 1038, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 15, 1907. TOGETHER WITH THE NORTHERLY 10 FEET OF 22ND STREET ADJACENT TO SAID LOT 20. SUBDIVISION GUARANTEE BY LANDAMERICA LAWYERS TITLE ORDER NO. 08920088-52 DATED TAX CERTIFICATE I. THOMAS J. PASTJSZKA, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CAUFORNIA, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVS'ON 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (a) DEPOSITS FOR 'AXES AND (D) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE. COUNTY, MUNICIPAL OR LOCAL TAXES DR SPECIAL ASSESSMENTS COLLECTED AS TAXES. EXCEPT THOSE NOT YET PAYABLE. HAVE BEEN COMPLIED WITH. THOMAS. J. PASTUSZKA CLERIC OF THE BOARD OF SUPERVISORS DATE BY DEPUTY WE, COUNTY TREASURER -TAX COLLECTOR OF THE COUNTY OF SAN DIEGO. STATE OF C_AUFORNIA AND DIRECTOR. DEPARTMENT OF PUBLIC_ WORKS OF SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE PAID IN FULL. SHOWN BY THE BOOKS OF OUR OFFICES, AGAINST THE TRACT OR 5UBD1VI0ON, OR ANY PART THEREOF SHOWN ON THE ANNEXED MAP AND DESCRIBED IN THE CAPTION THEREOF. DAN MCALLISTER COUNTY TREASURER - TAX COLLECTOR 8, JOHN L. SNYDER DIRECTOR, COUNTY DEPARTMENT OF PUBLC WORKS BY. STATE OF CALIFORNIA 55. COUNTY OF SAN DIEGO/ ON 71''LZ'V9 DEPUTY DATE DEPUTY DATE BEFORE ME. A NOTARY PUBLIC IN ANQ�FO6 SA4FpnACOUNTY AND STATE, PERSONALLY APPEARED 1(1I /17C(105C6(/� PERSONALLY KNOWN TO ME (OR PROVED TO ME ON 111E 9151S OF SATISFACTORY EVIDENCE) TO BE THE PERSON (Z) WHOSE NAME(?) 15/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWMEOGED TO ME THAT HE SHEf4HEY EXECUTED THE SAME IN HIS/4�E�ppyy�TEEIR AUTHORIZED CAPACITYNES), AND THAT BY HI5/HERI*IEIR SIGNATURE(, ON THE INSTRUMENT THE PERSON(. OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. VATNESS MY HAND SIGNATURE: '! (( 1V// LL� r_ 1 PRINTED NAME yT.*TAR aJ. (Type/TX MY COMMISSION(. APIFES S-25-0/ PRINCIPAL PLACE OF BUSINESS `,OAT CD(TITIT * IUDloj 2005 COUNTY I, JAMES H. ALGERT, A REGISTERED CIVIL ENGINEER OF THE STATE OF CALIFORNIA, STATE THAT THE SURVEY OF THIS SUBDIVISION WAS PREPARED 8Y ME OR UNDER MY DIRECTION. BETWEEN SEPTEMBER, 2004 AND JANUARY, 2005, AND SAID SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT MONUMENTS OF THE CHARACTER INDICATED HAVE BEEN SET OR FOUND AT THE SUBDIVISION BOUNDARY CORNERS; ANC I WILL SET ALL OTHER MONUMENTS OF THE CHARACTER AND AT THE POSITION INDICATED BY THE LEGEND ON THIS MAP WITHIN THIRTY DAYS AFTER THE COMPLETION OF THE REQUIRED IMPROVEMENTS: AND SUCH MONUMENTS ARE. OR MIL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE MCNUMENTATICN LEGEND AND NOTES ON SHEET 2). J 7 JAMES H. ALGERT RCE 19073 EXPIRES, 09-30-05 I. ROBERTO SALICEDO. . -' DIRECTOR OF PUBLIC WORKS OF THE CITY OF NATIONAL CITY, CAUFORNIA, STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDPASION IS SUBSTANTIALLY THE SAME AS IT APPEARED ON 114E TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL THE PROVISIONS OF 111E _SUBDIVISION MAP ACT OF THE STATE BF:FALIFORNIA, AS .AMENDED. AND OF ANY LOCAL -ORDINANCE OF SAO CITY APPLICABREYTAT THE TIME -OF THE APPROVAL OF THE 1ENTA8SE. MAP HAVEBEEN COMPLIED WITH, AND THAT 1 AM SATISFIED THAT SAID MAP 15 TECHNICALLY CORRECT. • R08ERT0 SAUCEDO DIRECTOR OF PUBLIC WORKS RCE 29671 EXPIRES: 03-31-07 DATE: WE, NICK INZUNZA, MAYOR, AND MICHAEL R. DALLA. CITY CLERK, OF NATIONAL CITY, CALIFORNIA, HEREBY CERTIFY THAT THE CITY COUNCIL HAS APPROVED THIS' MAP BY RESOLUTION N0. . BY: NICK INZUNZA MAYOR NATIONAL CITY, CALIFORNIA EY. MICHAEL R. DALLA CITY CLERK NATIONAL CITY, CALIFORNIA RECORDER'S CERTIFICATE: DATE: DATE: I, GREGORY J. SMITH, COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, CALIFORNIA. HEREBY CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS MAP FILED THIS _DAY OF 2005 AT O'CLOCK,_M. GREGORY J. SMITH BY COUNTY RECORDER _ DEPUTY COUNTY RECORDER FEE: ALGERT ENGINEERING, INC. JN 6527 . APN 560-320-13,14,15,26 O.C.I. 182-1737. A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 31 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION Resolution Approving the Operating Procedures and Bylaws for the National City "Community and Police Relations Commission" (CPRC) Leslie Deese ti-"DEPARTMENT Phone: (619) 336-4242 Community Services Please see the attached Report from Mr. Joseph Gonzales, Chair of the National City "Community and Police Relations Commission". l Environmental Review X N/A Financial Statement Please see "Staff Recommendation" below. Account No. STAFF RECOMMENDATION Staff recommends that the City Council adopt the Resolution approving the Operating Procedures and Bylaws for the National City "Community and Police Relations Commission" and that the City Council direct the City Manager to return with a financial and implementation plan on funding. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Report 2. Resolution 3. CPRC Operating Procedures 4. CPRG Bylaws - Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE OPERATING PROCEDURES AND BYLAWS FOR THE NATIONAL CITY COMMUNITY AND POLICE RELATIONS COMMISSION WHEREAS, at the City Council meeting of February 25, 2003, the City Council created the National City Community and Police Relations Commission, and on May 4, 2004, pursuant to Resolution No. 2004-75, the City Council established the duties of the Commission and declared the Mission Statement of the Commission. WHEREAS, after considerable discussion and deliberation, the Commission has prepared, and submitted for City Council approval, a set of Operating Procedures and Bylaws. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Operating Procedures and Bylaws for the National City Community and Police Relations Commission. PASSED and ADOPTED this 7th day of February, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney COMMUNITY AND POLICE RELATIONS COMMISSION • 140 East 12th Street, National City, CA 91950 MEMORANDUM Date: January 19, 2006 To: Mayor Inzunza and Members of the City Council From: Joseph Gonzales, Chair Subject: Authorizing the Operating Procedures for the National City Community and Police Relations Commission (CPRC) Requested Action That the City Council authorizes the implementation of the National City Community and Police Relations Commission (CPRC) Operating Procedures and the CPRC Bylaws. Background In October 2003, the City Council appointed eight (8) of nine (9) Commissioners to serve on the National City Community and Police Relations Commission (CPRC). The first meeting of the CPRC was convened in January 2004. The City Council allowed the CPRC to develop its form of governance and process for reviewing complaints. In late April 2004, the CPRC engaged the services of Collins Strategic Group, a government relations consulting firm, to facilitate the public forum on the JC Penny Incident held on May 12, 2004. The public forum was followed by two (2) workshops and a CPRC report was issued on June 9, 2004. The report addressed specific matters related to the public forum, but also recommended the following: "For the CPRC to become the vehicle intended by the voters in Proposition L, the City Council must direct the CPRC to bring forth for adoption procedures and operating guidelines. Those procedures should be crafted in conjunction with the City Manager, Chief of Police, CPRC and transparent to the public. It should be the intent of the City Council to focus the public debate of the value of the CPRC on those procedures and guidelines." Through its Complaint Review Subcommittee, the CPRC began a series of meetings on October 18th, October 28th and November 8, 2004, to draft the procedures. The City Attorney provided suggested changes and modifications to the procedures at the CPRC meeting of January 12, 2005. The City Attorney provided an initial draft of the procedures to the National City Police Officers Association (POA) for comment. At the February 9, 2005 CPRC meeting, the Proposed Operating Procedures were received from the subcommittee and the chair was directed to publish the document for a 30-day comment period beginning February 16, 2005 and, schedule a public hearing. The CPRC public comment period carried out the following outreach to inform the citizens of National City of the development of the Operating Procedures: • Publication of the Notice of the 30-Day Comment Period in the Star News as the adjudicated newspaper in National City during the week of February 21st • Posting with the City Clerk, and on the bulletin board within City Hall • Direct mailing of the Proposed Operating Procedures and the 30-Day Comment Period Notice to 20 Stakeholder Groups which included: MAAC Project Chicano Federation of San Diego County South Bay Forum American Friends Service Committee National City Collaborative & Family Resource Center Rana Rights Coalition/Coalicion Pro-Derechos Latino/Latina Indigenous Unity Coalition Operation Samahan, Inc Filipino American Chamber of Commerce Mile of Cars Association National City Police Officers Association Institute for Public Strategies Kalusugan Community Services National City Chamber of Commerce El Pueblo Neighborhood Council Manchester Neighborhood Council Old Town Neighborhood Council Olivewood Neighborhood Council Civic Center Neighborhood Council El Toyon Neighborhood Council • Publication of the 30-Day Notice in the Penny Saver in English/Spanish during the week of February 28th. • Presentations before the Neighborhood Councils On March 9, 2005 the CPRC conducted a Public Hearing on the proposed procedures. No member of the public offered testimony during that hearing. A summary of all written public comments received, including the CPRC's Consultant's Analysis and Recommendations is provided as Attachment No. 1 to this report. The CPRC accepted the report of its Consultant and adopted the Operating Procedures at its May 26, 2005 meeting — (Motion by Gonzales/Seconded by Sendt, vote 3-1 Graham opposed, Cano absent). The development of the Operating Procedures created the framework to open dialogue and discussions with the Chief of Police on the specific protocols desired by the CPRC in conducting the review of complaints which evolved as the "Memorandum of Understanding" (MOU). These discussions took place during the months of May through July 2005, and included the City Manager and City Attorney. A draft MOU was completed and submitted to a 21-day public comment period beginning June 17, 2005. The public distribution list of community organizations utilized for the Operating Procedures was also used for the MOU CPRC Memorandum to the Mayor and City Council January 14, 2006 Authorizing the Operating Procedures for the National City Community and Police Relations Commission (CPRC) Page 2 of 3 public comment period. A summary of written comments received from the MOU public comment period is provided as Attachment No. 2 to this report. The CPRC adopted the MOU at its July 13, 2005, meeting - (Motion by Gonzales/Seconded by Kirk, vote 3-1 with Graham in opposition). In preparation of submitting the Operating Procedures to the City Council for approval, the City Attorney recommended that the CPRC combine the essential elements of the MOU into the Operating Procedures for a streamlining of processes. This course of action lead the CPRC into additional discussions with the Chief of Police, and subsequently, through the Chief's office, the National City Police Officers Association. The CPRC met in September and October 2005, to consider the issues of combining the documents. Much of the discussion that occurred was to insure the protocols for the review of complaints by the CPRC were consistent with the Public Safety Officers Procedural Bill of Rights Act (Government Code Section 3300 et seq.). Summary The CPRC has conducted a total of 13 regular meetings, 3 subcommittee meetings, 1 public hearing, and 2 public comment periods in developing the Operating Procedures. All comments received from the public and the National City Police Officers Association has been considered. After all input and consideration, the adopted Operating Procedures were revised by the CPRC on November 10, 2005 - (Motion by Kirk/Seconded by Branch, vote 7-0), for submittal to the City Council. The CPRC would like to recognize all of the current and past Commissioners for their participation in these efforts. Our labors were greatly enhanced by our consultant Collins Strategic Group, the assistance of the City's Community Services Department and the Office of the City Attorney. However, a mention of special gratitude is in order for former Commissioner Craig Prior, whose leadership and guidance was instrumental to this process. The CPRC believes the Operating Procedures are essential to govern the activities of the Commission and establish the protocols necessary to begin the review the citizens of National City anticipated in their passage of Proposition L. Your adoption and authorization of the CPRC Operation Procedures and Bylaws are requested. Exhibits and Attachments: Exhibit A Attachment No. 1 Attachment No. 2 CPRC Operating Procedures, revised 11-10-05 Summary of Public Comments to the Operating Procedures, March 13, 2005 Summary of Public Comments to the Memorandum of Understanding, July 13, 2005 CPRC Memorandum to the Mayor and City Council January 19, 2006 Authorizing the Operating Procedures for the National City Community and Police Relations Commission (CPRC) Page 3 of 3 Exhibit A 1 2 3 National City Community and Police Relations Commission 4 Operating Procedures 5 6 7 8 Article I. Purpose and Legal Considerations 9 10 Section 1.01 In October 2003, the City COUNCIL established the Community and 11 Police Relations Commission (hereafter referred to as "COMMISSION"). The 12 COMMISSION is to serve as an independent, unbiased and impartial office that is to be 13 readily available to the public. The COMMISSION shall be a medium for the 14 improvement of police -community relations, and to facilitate mediation of disputes 15 whenever possible. The COMMISSION will provide a forum for CITIZENs to voice 16 their concerns or comments about police conduct, practices and policies, and ameliorate 17 adversity between CITIZENs and the National City Police DEPARTMENT. 18 19 To carry out these functions, the COMMISSION will function through the Office of the 20 CITY MANAGER, to whom the Chief of Police reports. 21 22 The Commission is authorized to receive, investigate and review citizen complaints 23 regarding National City Police department personnel for alleged misconduct, and to 24 recommend appropriate changes of Police department policies and procedures toward the 25 goals of safeguarding the rights of all persons and promoting higher standards of 26 competency, efficiency and justice in the provision of community policing services. The 27 Procedures established herein are not intended to replace or diminish the procedures 28 already in place in the police depaitnient for the investigation of citizen complaints, but 29 are intended as a method of supplementing those procedures in order to establish an 30 element of transparency to the citizenry for the handling of those complaints. 31 32 The Commission shall not be required to conduct independent investigations when it is 33 satisfied that its oversight responsibility can be satisfied by the monitoring and review of 34 a Departmental investigation into a complaint. In this respect, the Commission shall be Page 1 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 considered an integral part of the City's management structure as an adjunct to the 2 internal depai tinent processing of citizen complaints, with an independent overview 3 status to ensure transparency and correctness of process for the public. 4 5 The COMMISSION therefore adopts these procedures in furtherance of those objectives. 6 These procedures shall define the authority and protocols of the COMMISSION and are 7 hereby recommended for adoption by the COUNCIL in furtherance of the COUNCIL's 8 objectives. 9 10 Section 1.02 In the conduct of its affairs, the COMMISSION will observe all applicable 11 requirements of state and local law, including the following which have been summarized 12 as follows: 13 (a) The Police Officers Bill of Rights (Government Code sections 3300, et seq.) 14 which generally provides police officers certain protections and rights of 15 representation and participation in INVESTIGATIONs pertaining to their 16 conduct, and the right of access to and comment upon any findings of that 17 INVESTIGATION —whether positive or negative. 18 (b) Penal Code sections 832.5 and 832.7 which pertain to the procedures for 19 INVESTIGATION of COMPLAINTS involving police officers and safeguards 20 against disclosure of the FINDINGs of those 1NVESTIGATIONs and other 21 information relating to police personnel files, except such specified disclosure as 22 may be allowed only to the person who actually files the COMPLAINT. 23 (c) The Ralph M. Brown Act (Gov. Code, § 549501 et seq., hereinafter "the Brown 24 Act,". or "the Act") which shall govern open meetings for local government 25 bodies. 26 (d) National City Police Department rules and procedures, which govern the rights 27 and duties of DEPARTMENT personnel. 28 29 Section 1.03 Neither the Commission, Commission staff, nor any retained consultant 30 shall comment upon or recommend the level of discipline for any officer pursuant to any 31 review conducted under the authority of these Operating Procedures. Page 2 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 i y 1 (a) Depattcnental discipline of any officer shall be independent of and not dependant 2 upon any finding by the Commission or its review of any investigation. The 3 Department will conduct discipline in a timely manner in accordance with law 4 and its internal procedures. 5 (b) The Commission shall not interfere with the administration of the department, but 6 shall make its recommendations for change or improvement to the Council, the 7 city manager or the chief, as appropriate, consistent with the procedures outlined 8 in this chapter. 9 10 Section 1.04 These procedures shall not be construed as restricting any individual from 11 contacting the Mayor, the City Council, any individual Councilmember, the CITY 12 MANAGER or the CHIEF of Police on any matter concerning the National City Police 13 DEPARTMENT, whether favorable or adverse. 14 15 Article II. Definitions 16 17 Section 2.01 In this Procedure: 18 "APPELLANT" means a person who has filed a COMPLAINT with the 19 COMMISSION and subsequently requested review of the INVESTIGATION 20 conducted by the National City Police DEPARTMENT. 21 "CHIEF" means the Chief of the Police DEPARTMENT. 22 "CITIZEN" means any person who is not an employee of the DEPARTMENT. 23 "CITY" means the administrative offices, administrative staff, officers and 24 officials, the physical location, all jurisdictional areas, and the elected 25 representatives of the City of National City. 26 "CITY ATTORNEY" means the City Attorney of the City of National City or 27 his/her designee. 28 "CITY MANAGER" means the City Manager of the City of National City. 29 "COMMISSION" and "CPRC" refer to the Community and Police Relations �l! Commission, whose members are appointed by City COUNCIL. Page 3 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 Ilr� 1 "COMMISSIONER" means an appointed member of the Community and Police 2 Relations Commission. 3 "COMPLAINT" means a COMPLAINT by a CITIZEN of alleged OFFICER 4 misconduct, or a DEPARTMENT employee or OFFICER who feels aggrieved by 5 an INVESTIGATION or REVIEW. 6 "COMPLAINANT" means any person who files a COMPLAINT against an 7 employee of the National City Police DEPARTMENT, or a DEPARTMENT 8 employee or OFFICER who feels aggrieved by an INVESTIGATION or 9 REVIEW. 10 "CONDUCT" means any act or omission by an OFFICER, whether 11 commendable or constituting misconduct. 12 "CONSULTANT" means the professional staffing retained by the City 13 MANAGER to work with the COMMISSION. 14 "COUNCIL" means the City Council and Mayor of National City. 15 "DEPARTMENT" means the Police DEPARTMENT of the City of National 16 City. 17 "FINDING" means a conclusion reached as a result of an INVESTIGATION, 18 regarding whether a COMPLAINT is sustained, not sustained, unfounded, 19 exonerated or frivolous. 20 "IAD" means the Internal Affairs Division of the DEPARTMENT, whose 21 responsibilities and procedures are described in the DEPARTMENTS Manual of 22 Rules and Regulations, specifically Operating Procedure No. 060, as amended 23 from time to time. 24 "INCIDENT" means the alleged occurrence of misconduct by an OFFICER of 25 the DEPARTMENT. 26 "INVESTIGATE" or "INVESTIGATION" shall refer to a REVIEW of the 27 formal Internal Affairs INVESTIGATION conducted by DEPARTMENT, as well 28 as an informal INVESTIGATION conducted by a police supervisor into 29 allegations of MISCONDUCT. Page 4 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 I 1 1 "MISCONDUCT" means an act or omission by an OFFICER during an 2 encounter with a CITIZEN that allegedly violates DEPARTMENT regulations or 3 orders, or other standards of conduct required of CITY employees. 4 "POLICY -RELATED ISSUE" means a topic pertaining to the 5 DEPARTMENT's hiring and training practices, the Manual of Policies and 6 Procedures, equipment, and general supervision and management practices, but 7 not pertaining specifically to the propriety or impropriety of a particular 8 OFFICER's conduct. 9 "OFFICER" means a sworn police OFFICER employed by the DEPARTMENT 10 about whom a COMPLAINT has been submitted to the COMMISSION. 11 "OFFICER INVOLVED" means an incident involving a sworn police 12 OFFICER employed by the DEPARTMENT about whom a COMPLAINT. has 13 been submitted to the COMMISSION 14 "REQUEST FOR FURTHER REVIEW" or "REVIEW" means a request by 15 an APPELLANT and the COMMISSION's examination of an INVESTIGATION 16 of, alleged OFFICER MISCONDUCT, respectively. 17 "SERVICE COMPLAINT" means a COMPLAINT that is not related to 18 specific OFFICER misconduct but rather is related to services received from an 19 OFFICER or the DEPARTMENT. 20 "SUPPORTED BY THE EVIDENCE" means the evidence supports a 21 FINDING regarding a COMPLAINT, which a reasonable person could make in 22 light of the evidence, regardless of whether or not the COMMISSION agrees with 23 the FINDING. 24 "SUBPOENA" means a writ to be issued commanding the person or party 25 designated in it to appear before the COMMISSION as a witness, or to produce 26 documents constituting evidence contained in the INVESTIGATION. 27 28 Article III. Community and Police Relations Commission 29 30 Section 3.01 The COMMISSION is established by the COUNCIL with staff support �rotn the CITY MANAGER's Office. Page5of24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 2 Section 3.02 The COMMISSION shall consist of nine members, of which seven shall 3 be voting members that may include two non-residents of the CITY, and two shall be 4 non -voting members: one from a Human Rights Advocacy Organization; and one from 5 the National City Police OFFICERS Association. 6 7 Vacancies in COMMISSIONER positions shall be nominated and appointed as follows: 8 (a) The COMMISSION shall solicit applications through the City Clerk, the CITY 9 Office of Community Services, the established Neighborhood Councils, the 10 COUNCIL, and the general public. 11 (b) The CITY MANAGER shall appoint a committee to review applications and 12 recommend an appropriate number of nominees to fill impending vacancies. The 13 committee shall consist of two COMMISSION members, either a past 14 COMMISSIONER or one not applying for reappointment, two members of the 15 community at -large, and the CONSULTANT when designated. Three of the 16 committee members, including one COMMISSION member and any 17 CONSULTANT, shall serve as the interview panel. 18 (c) Selection criteria shall include a record of community involvement and the 19 absence of any real or perceived bias or conflict of interest. 20 (d) The CITY MANAGER shall recommend nominees to the COUNCIL for 21 appointment, together with such nominees as the COUNCIL may wish to submit 22 and consider. 23 (e) When selecting COMM1SSIONERs, consideration should be given to 24 appointments that will cause the group to reflect the demographic make-up of the 25 CITY as best practicable. The final nominees selected by COUNCIL for 26 appointment will be required to pass a criminal background check performed by 27 an agency other than the DEPARTMENT prior to their actual appointment. 28 (f) In the event the COUNCIL fails to appoint a nominee, the CITY MANAGER 29 shall initiate the process again within 30-days after the COUNCIL action. 30 Operating Procedures of the NationalPage 6 of 24 City Community and Police Relations Commission Revised 11-10-05 1 Section 3.03 The COMMISSION shall adhere to adopted Bylaws which shall be filed 2 with the City Clerk of National City. 3 4 Section 3.04 The COMMISSIONERS shall be responsible for: 5 (a) Participating in orientation and training activities that may include reviewing of 6 DEPARTMENT and IAD procedures, attending the DEPARTMENT Citizens' 7 Academy, "ride -along" with OFFICERS, and training on investigative practices. 8 (b) Service for a term of two years, subject to reappointment by COUNCIL. Upon 9 expiration of term, a COMMISSIONER shall serve until re -appointed or replaced. 10 (c) Attending COMMISSION meetings, except when excused for good cause. 11 (d) Serving staggered terms to better ensure continuity. A lottery shall be held during 12 the next regularly scheduled meeting following the adoption of these procedures 13 to establish the term of each COMMISSIONER currently appointed. No more 14 than four voting COMMISSIONERS shall be appointed to two-year teirns as a 15 result of the lottery, all others shall be appointed to a term of one-year. All 16 COMMISSIONERS will remain eligible for reappointment upon expiration of 17 their term. 18 (e) Annually, electing a chair and vice -chair from among the COMMISSIONERS. 19 (I) Adopting operating policies and procedures as necessary and appropriate to carry 20 out their duties in a fair and unbiased manner. 21 22 Article IV. Role of the City Council 23 24 Section 4.01 The COUNCIL shall review applications of nominees to the 25 COMMISSION, approve appointments and receive periodic reports on COMMISSION 26 activities. 27 28 Article V. Consultant Selection 29 n 5.01 In consultation with the CITY MANAGER, the COMMISSION may 31 retain a CONSULTANT to guide the independence of the COMMISSION. The Page 7 of 24 Operating Procedures of the Nations CityCommunity m 0t and Police Relations Commission Revised 1 CONSULTANT should be a person of recognized judgment, objectivity and integrity 2 who is capable of analyzing problems of public administration and public policy, and 3 who shall have a working knowledge commensurate with the duties of the 4 COMMISSION. 5 6 Article VI. Staffing and Delegation 7 8 Section 6.01 The CITY MANAGER may appoint staff to assist the COMMISSION if 9 requested and may appoint other personnel necessary to carry out the provisions of these 10 Procedures in keeping within the adopted budget for the COMMISSION. 11 12 Section 6.02 The CITY ATTORNEY shall advise and represent the COMMISSION. 13 14 Section 6.03 Nothing within Article VI shall influence the autonomy of the 15 COMMISSION and its independence to carry out its mission. 16 17 Article VII. Office Facilities and Administration 18 19 Section 7.01 The CITY shall provide suitable office facilities for the COMMISSION 20 and/or staff in a location convenient for the public but separate from the DEPARTMENT. 21 22 Section 7.02 The COMMISSION staff shall function within the organization and 23 administration of the CITY MANAGER to whom the Chief of Police Reports. 24 25 Section 7.03 The CONSULTANT shall comply with CITY purchasing procedures and 26 shall select, with the approval of the COMMISSION and the CITY MANAGER, any 27 sub -consultants to assist with the work undertaken on behalf of the COMMISSION. 28 29 Article VIII. The Authority of the COMMISSION 30 31 Section 8.01 The COMMISSION shall have the authority to do the following: Page 8 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 (a) Receive COMPLAINTs and select the appropriate manner to address the 2 COMPLAINT. 3 (b) Report on COMPLAINT resolution activities. To track and issue statistical and 4 other appropriate reports on the disposition of COMPLAINTS to the public, the 5 CITY MANAGER and the COUNCIL, and to monitor and report measures of 6 activity and performance of the DEPARTMENT, subject to confidentially 7 requirements of law. 8 (c) Monitor INVESTIGATIONS. To identify COMPLAINTs which merit the 9 additional involvement of the COMMISSION, and to REVIEW evidence and 10 INVESTIGATION efforts. 11 (d) Communicate with COMPLAINANTs. To serve as a source of contact with 12 COMPLAINANTs regarding the intake processing, status and results of the 13 COMPLAINT, and to assist the DEPARTMENT in communicating with the 14 COMPLAINANT. 15 (e) Arrange hearings of appeals. To provide for an appeal for COMPLAINANTs and 16 schedule COMMISSION hearings. 17 (f) Recommend policy changes. To evaluate COMPLAINTs and other information 18 and INVESTIGATION practices and to make recommendations to the CHIEF to 19 prevent future problems. 20 (g) Outreach. To widely distribute COMPLAINT forms in languages and formats 21 accessible to CITIZENs, to inform and educate them on the importance of 22 reporting COMPLAINTS, to hold public meetings to hear general concerns about 23 police services, and to serve as a forum for CITIZEN issues subject to 24 confidentially requirements of law. 25 (h) Records and INVESTIGATION access. Notwithstanding any other provision of 26 law, to have access to and to examine any DEPARTMENT records, including 27 records which are not confidential by law, including personnel records that are 28 relevant to an INVESTIGATION under its purview, subject to any applicable 29 state or federal laws and subject to the CHIEF's authorization. The 30 COMMISSION shall not have access to legally privileged documents held by the CITY ATTORNEY or Attorney -Client communications held by the CITY Page 9 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 6-2) 1 ATTORNEY's clients. Neither the COMMISSION nor any individual 2 COMMISSIONER or the CONSULTANT shall disclose to any person or source 3 confidential information or personnel records, and they shall be subject to the 4 same penalties and restrictions as the legal custodian of the records for any 5 unlawful or unauthorized public disclosure. 6 (i) Adopt, promulgate, amend and rescind rules and procedures required for the 7 discharge of the COMMISSION's duties, including policies and procedures for 8 receiving and processing COMPLAINTs, conducting reviews of 9 INVESTIGATIONs, and the issuance of reports regarding its FINDINGs, 10 conclusions and recommendations. 11 (j) Issue reports on an annual basis identifying any policy -related issues or quality of 12 INVESTIGATION issues that warrant improvement. The COMMISSION shall 13 address any policy -related or quality of INVESTIGATION issues that would 14 warrant further review. 15 (k) Oversight. The COMMISSION shall report the material obstruction of or 16 interference with an INVESTIGATION under its' cognizance, or observed 17 malfeasance or misfeasance in office (other than that which is the subject of 18 inquiry of a COMPLAINT) to the CHIEF, or to the CITY MANAGER, when 19 appropriate. 20 21 Article IX. Powers and Duties of the COMMISSION 22 23 Section 9.01 In carrying out its functions in a fair and unbiased manner, the 24 COMMISSION's duties and powers shall include the following: 25 (a) Conduct meetings. To schedule and conduct at least four meetings per year for the 26 purpose of exercising the authority and responsibility delegated to it in these 27 Procedures. Meetings and hearings conducted pursuant to these Procedures shall 28 be subject to the BROWN ACT. The number of COMMISSIONERs required for 29 a quorum shall be a majority of the voting members as defined in Section 3.02 of 30 these Procedures. The Chair of the COMMISSION, or the Vice -Chair in the Page 10 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 absence of the Chair, in consultation with the CITY ATTORNEY, shall be 2 authorized to call special meetings when the COMMISSION is not in session. 3 (b) Gather community concerns. To participate in various community meetings to 4 hear concerns about police services as well as to gather both commendatory and 5 negative comment, not to include concerns about individual OFFICERs. 6 (c) Recommend policy changes. To assist the CHIEF in identifying specific patterns 7 or problems and to participate in the development of policy recommendations. 8 (d) Advise on operations. To review methods for handling COMPLAINTS and advise 9 on criteria for dismissal, mediation, and INVESTIGATION. 10 (e) Receive COMPLAINTs. The COMMISSION may receive COMPLAINTs from 11 any source concerning alleged OFFICER MISCONDUCT. In the interest of the 12 greater public good: 13 i) The COMMISSION shall make reasonable accommodation when 14 COMPLAINANTs cannot file their COMPLAINT at the COMMISSION 15 office or with the DEPARTMENT. 16 ii) Accept COMPLAINTs for INVESTIGATION and REVIEW that are based 17 upon first-hand knowledge, or make reasonable inquiry during initial intake 18 processing regarding whether such knowledge or the identity of one or more 19 percipient witnesses is ascertainable. 20 iii) The COMMISSION shall not accept COMPLAINTs or INVESTIGATE 21 matters in civil or criminal litigation, or those matters for which a notice of 22 tort claim, or a grievance, discrimination COMPLAINT or other appeal 23 under collective bargaining agreement or CITY personnel rules has been 24 filed with appropriate authorities. The COMMISSION shall not accept 25 COMPLAINTs that are conjectural or vague. Any previously commenced 26 INVESTIGATION shall be discontinued when one of these events or 27 factors is determined to exist. 28 iv) The COMMISSION shall protect the confidentiality of COMPLAINANTs, 29 OFFICER's or witnesses, except insofar as disclosures may be necessary to 30 enable the COMMISSION to carry out its duties or comply with applicable collective bargaining agreements, or where the disclosure of records is Page 11 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 directed by the CITY ATTORNEY or District Attorney. Maintenance of 2 confidentiality and any exceptions to confidentiality shall be consistent with 3 the requirements of law. 4 v) The records of the COMMISSION shall be considered records of the CITY, 5 and shall be filed in the office of the CITY MANAGER, or the CHIEF 6 when the documents constitute a personnel record or matter. The records of 7 the COMMISSION are subject to the requirements of law regarding 8 retention, disclosure, and those circumstances when disclosure is not 9 permitted. 10 (f) Hear or REVIEW appeals. To hold hearings or REVIEW INVESTIGATIONS 11 pertaining to COMPLAINANT appeals; to report FINDINGS conclusions and 12 recommendations consistent with public disclosure requirements of law. 13 (g) Outreach to the public. To disseminate information about the COMMISSION' s 14 activities to organizations in the community and to present statistical reports to 15 COUNCIL that in such a way that does not involve disclosure of confidential 16 personnel information. 17 (h) Delegation. The COMMISSION may REVIEW by means of delegation to not 18 more than two Commissioners who shall report back to the full COMMISSION 19 their findings and conclusions with regard to an INVESTIGATION under 20 COMMISSION cognizance. Reference elsewhere in these Procedures to the 21 COMMISSION respecting REVIEW and INVESTIGATION shall include 22 activity by such delegates, which activity shall not be construed as constituting a 23 meeting that is subject to the Ralph M. Brown Act regarding notices, agenda and 24 public meeting criteria, unless such delegation constitutes a "Standing 25 Committee" under "the Act". The proceedings, to review COMPLAINTs and to 26 reach the ultimate position of the COMMISSION's REVIEW of an 27 INVESTIGATION, shall be in CLOSED -SESSION pursuant to Government 28 Code Section 54957. Page 12 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 2 Article X. Handling COMPLAINTs 3 4 Section 10.01 To ensure appropriateness and consistency in handling the COMPLAINTs 5 received, the COMMISSION shall rely on the DEPARTMENT to determine whether a 6 COMPLAINT is to be treated as a SERVICE COMPLAINT, commendatory comment, 7 or as a COMPLAINT requiring further review. The COMMISSION may recommend to 8 the DEPARTMENT that an INVESTIGATION be handled by IAD instead of a 9 supervisor's or commander's INVESTIGATION. 10 11 General Protocols 12 (a) The COMMISSION shall INVESTIGATE and REVIEW citizen -initiated and 13 DEPARTMENT -initiated COMPLAINTS. It is understood that DEPARTMENT- 14 Initiated COMPLAINTs may require confidentially in order for internal affairs or 15 other authorities to complete their INVESTIGATION, and therefore, the 16 COMMISSION may not be notified of an INVESTIGATION until it is 17 concluded. 18 (b) The COMMISSION may gather information from a COMPLAINANT and 19 forward it to the DEPARTMENT. The COMMISSION shall monitor timeliness 20 and disposition of the INVESTIGATION. Once the COMMISSION receives a 21 COMPLAINT, it shall forward it to the DEPARTMENT for INVESTIGATION 22 in accordance with Police Department Operating Procedures. 23 (c) At the conclusion of an INVESTIGATION, the COMMISSION shall have an 24 opportunity to review and comment separately to the CHIEF on the 25 INVESTIGATION and any remedial actions taken by the DEPARTMENT 26 resulting from the INVESTIGATION, other than regarding disciplinary actions. 27 (d) The COMMISSION may dismiss a COMPLAINT or make a REQUEST FOR 28 FURTHER REVIEW for the following reasons: 29 i) The COMPLAINANT could reasonably be expected to use, or is using, 30 another remedy, channel or tort claim for the grievance stated in the COMPLAINT; Page 13 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 (7) 1 ii) The COMPLAINANT delayed too long in filing the COMPLAINT to 2 justify present examination — a limit of one-year from the original date of 3 the INCIDENT is established for these purposes; 4 iii) Even if all aspects of the COMPLAINT were true, no act of 5 MISCONDUCT would have occurred; 6 iv) The COMPLAINT is trivial, frivolous or not made in good faith; 7 v) Other COMPLAINTS must take precedence due to limited public resources; 8 vi) The COMPLAINANT withdraws the COMPLAINT or fails to complete or 9 cooperate with necessary COMPLAINT steps or procedures. 10 (e) Nothing contained herein shall preclude or supersede the processing and 11 INVESTIGATION of COMPLAINTs that are initiated by the DEPARTMENT. 12 The COMMISSION's procedures shall supplement or complement those 13 activities, and shall furnish community members and COMPLAINANTs an 14 alternative forum for redress and COMPLAINT resolution. Moreover, nothing 15 shall preclude or restrict the authority of the CITY MANAGER to supervise the 16 CHIEF of the DEPARTMENT, consistent with the duties and responsibilities 17 conferred upon that office by law. 18 19 Section 10.02 Protocols for Reviewing COMPLAINTs 20 (a) In accordance with Police Department Operating Procedures, resolution by the 21 DEPARTMENT shall include "declining" the COMPLAINT, conducting an 22 "investigation", conducting an "inquiry," or handling the COMPLAINT as a 23 "service complaint." 24 i) The DEPARTMENT will send an introductory letter to each 25 COMPLAINANT identifying the assigned case investigator, the anticipated 26 time in which the INVESTIGATION should be completed, and information 27 regarding the right of the COMPLAINANT to seek a REQUEST FOR 28 FURTHER REVIEW of the COMMISSION once the INVESTIGATION is 29 completed should the COMPLAINANT believe evidence or allegations 30 were omitted. Page 14 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 ii) In the case of an "inquiry", the DEPARTMENT will send an introductory 2 letter to the COMPLAINANT explaining that they will receive contact from 3 the DEPARTMENT once the INVESTIGATION regarding the concern has 4 been completed. 5 iii) In all cases, DEPARTMENT will send a copy of such letter to the 6 COMMISSION for their tracking purposes. 7 iv) The DEPARTMENT will keep the COMMISSION apprised of the status of 8 each INVESTIGATION, and no less than quarterly, send status letters to 9 each COMPLAINANT. The OFFICER(s) INVOLVED shall be informed 10 pursuant to DEPARTMENT policy and procedures. 11 v) "Inquiry" INVESTIGATIONs will result in a letter, including any appeal 12 information, sent to the COMPLAINANT from the DEPARTMENT 13 outlining the results of the INVESTIGATION. The DEPARTMENT will 14 forward a copy of the summary INVESTIGATION, and the letter to the 15 COMMISSION for tracking purposes. The OFFICER(s) INVOLVED shall 16 be informed pursuant to DEPARTMENT policy and procedures. 17 (b) COMMISSION members shall avoid public comment on pending 18 COMPLAINTs. 19 i) No member of the COMMISSION shall discuss or listen to discussion of the 20 facts or analysis of any matter which is the subject of a COMPLAINT prior 21 to its REVIEW or CLOSED -SESSION MEETING. 22 ii) No member of the COMMISSION shall pledge or promise to vote in any 23 particular manner in any pending COMPLAINT. 24 iii) Failure to comply with this regulation shall be grounds for removing a 25 Commissioner from the REVIEW of the COMPLAINT by action of the 26 remaining members of the COMMISSION. 27 (c) After the DEPARTMENT renders its FINDINGS on the COMPLAINT, the 28 matter is referred to the COMMISSION to REVIEW the case. The file of the 29 INVESTIGATION related to the COMPLAINT shall be made available to the 30 COMMISSION consistent with Article VIII, Section 8.01(h). This includes an original of the COMPLAINT, video or audio tape recordings of interviews of Page 15 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 witnesses and parties to the INCIDENT, and physical evidence that was 2 considered. The COMMISSION members are required to conduct their REVIEW 3 in the DEPARTMENT to preserve the required confidentiality. REVIEW 4 proceedings shall be in CLOSED -SESSION pursuant to Government Code 5 Section 54957 to hear COMPLAINTS or charges brought against National City 6 Police Department employees by a citizen (unless the employee requests a public 7 session). Notes made by the COMMISSION shall be left with the file in the 8 DEPARTMENT. 9 i) The DEPARTMENT will provide notice to the COMMISSION whether the 10 disposition was "sustained," "not sustained," "exonerated," "unfounded, 11 "other findings", or the "complainant non -cooperative". 12 ii) The COMMISSION's REVIEW of documents shall rely upon the evidence 13 submitted in the INVESTIGATIVE report 14 iii) The COMMISSION may request within its scope of the REVIEW the 15 DEPARTMENT to appear and answer questions regarding the 16 INVESTIGATION, and may also request the responsible DEPARTMENT 17 Commander or Supervisor to answer questions regarding the basis and the 18 rationale for a particular FINDING or decision. 19 iv) Requests to the DEPARTMENT to appear and answer questions at the 20 REVIEW shall be made to the CHIEF. 21 v) The COMMISSION may request an OFFICER to appear at a 22 COMMISSION REVIEW, but no OFFICER who is subject to an 23 INVESTIGATION shall be compelled to testify as a witness against 24 themselves. OFFICERs appearing before the COMMISSION may appear 25 with counsel. 26 vi) The COMMISSION may SUBPOENA the appearance of witnesses who are 27 outside CITY employ to clarify evidence, and to the extent necessary to 28 insure fairness to all parties. SUBPOENAs shall be issued in accordance 29 with National City Municipal Code Chapter 2.74 to evaluate evidence 30 pertinent to the REVIEW of the INVESTIGATION. Page 16 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 vii) The COMPLAINANT is not entitled to be present, except when called as a 2 witness by the COMMISSION. The COMMISSION shall REVIEW the 3 INVESTIGATION file: 4 a. If the COMMISSION concludes the FINDING is supported by the 5 evidence, it shall inform the CHIEF; or 6 b. If the COMMISSION determines the FINDING is inconclusive, it shall 7 inform the CHIEF that further INVESTIGATION is required; or 8 c. If the COMMISSION concludes the FINDING is not supported by the 9 evidence, it shall inform the CHIEF. 10 viii) The COMMISSION will make no comments or recommendations regarding 11 OFFICER discipline. 12 ix) If the DEPARTMENT declines to accept the COMMISSION's 13 recommendation resulting from the REVIEW, a CLOSED -SESSION 14 MEETING of the COMMISSION pursuant to Government Code Section 15 54957 to hear complaints or charges brought against National City Police 16 Department employees by a citizen (unless the employee requests a public 17 session) shall be scheduled, at which the DEPARTMENT may appear to 18 represent their position. The purpose of the meeting is for the 19 COMMISSION to reach a final decision on its position regarding the 20 COMPLAINT and to afford the DEPARTMENT an opportunity to explain 21 why the INVESTIGATION FINDING is appropriate. 22 a. If, after the CLOSED -SESSION MEETING of the COMMISSION with 23 the DEPARTMENT the COMMISSION is persuaded to agree with the 24 DEPARTMENT's FINDINGS, the COMMISSION will send notification 25 of same to the DEPARTMENT. The OFFICER(s) INVOLVED shall be 26 informed pursuant to DEPARTMENT policy and procedures. 27 b. In those cases where the COMMISSION by a majority vote disagrees with 28 DEPARTMENT's FINDINGs on a COMPLAINT, and cannot resolve its 29 differences with the DEPARTMENT, the COMMISSION will send 30 notification of same to the DEPARTMENT. The OFFICER(s) Page 17 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 INVOLVED shall be informed pursuant to DEPARTMENT policy and 2 procedures. 3 i. Additionally, the COMMISSION shall advise the CITY MANAGER of 4 the COMMISSION's position. The COMMISSION shall also advise the 5 CITY MANAGER of any substantive comments that the COMMISSION 6 has made on individual cases, and may suggest policy changes based on 7 trends that have come to the COMMISSION'S attention. 8 ii. The COMMISSION will make no comments or recommendations 9 regarding OFFICER discipline. 10 iii. The City Manager may take whatever action is considered appropriate, 11 consistent with the duties and authority conferred upon that office by 12 law. 13 iv. If any changes in the DEPARTMENT's FINDINGS occur, the 14 DEPARTMENT will notify the COMMISSION. 15 c. These Operating Procedures acknowledge the OFFICER's right to appeal 16 the position of the COMMISSION consistent with Caloca v. County of 17 San Diego (1999), 72 Ca1.App.4th 1209 and Caloca v. County of San 18 Diego (2002), 102 Ca1.App.4th 433, which held that under the Public 19 Safety Officers Procedural Bill of Rights Act (Government Code Section 20 3300 et seq.), police officers must be afforded an administrative appeal of 21 sustained findings of misconduct even though no disciplinary matters are 22 considered. Such administrative appeal proceeding will be conducted by a 23 neutral, unbiased adjudicator(s) who will examine the finding de novo. 24 All further terms of the re-examine will be consistent with the guidelines 25 set forth in the Caloca v. County of San Diego (2002), 102 Ca1.App.4th 26 433. 27 x) The COMMISSION will not provide any confidential information made 28 known to it or its members by its INVESTIGATION to anyone other than 29 the CITY MANAGER, CITY ATTORNEY or the DEPARTMENT. Under 30 no circumstances will the CITY MANAGER or CITY ATTORNEY provide Page 18 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 any confidential information made known to the CITY MANAGER by 2 COMMISSION to anyone other than the DEPARTMENT. 3 xi) The decision of the CHIEF regarding the DEPARTMENT's final 4 disposition of the matter shall be communicated to the COMPLAINANT in 5 the format prescribed by Penal Code sections 832.5 and 832.7. 6 a. The COMMISSION shall notify the COMPLAINANT of its' position in 7 regard to the INVESTIGATION. Should public comment by the 8 COMMISSION be appropriate, the COMMISSION shall comply with the 9 requirements imposed by law regarding non -disclosure of personnel 10 information regarding OFFICER(s) INVOLVED and the Police Officers 11 Bill of Rights. 12 b. The CHIEF OF POLICE shall notify the COMPLAINANT's of the 13 protocols for REQUEST FOR FURTHER REVIEW by the 14 COMMISSION. 15 c. The OFFICER(s) INVOLVED shall be informed pursuant to 16 DEPARTMENT policy and procedures. 17 xii) If the DEPARTMENT finds that any portion of the COMPLAINT is 18 "sustained," then procedures outlined in the National City Police 19 Department Operating Procedures will be followed. 20 21 Section 10.03 Mediation Procedures (Alternative Complaint Resolution Process) 22 A COMPLAINANT may request mediation of the COMPLAINT. The DEPARTMENT 23 will undertake mediation upon the mutual consent of the OFFICER INVOLVED. The 24 DEPARTMENT shall utilize the services of a recognized mediation service or 25 professional to serve as mediator. The parties to the mediation shall consist only of the 26 mediator, the COMPLAINANT and the OFFICER (s) INVOLVED. The mediation shall 27 be informal, and oriented towards resolving the problem or mitigating any 28 misunderstandings. The parties will agree in writing as a condition of mediation that 29 neither the fact of mediation, nor any statements or admissions made during the 30 mediation sessions shall be admissible in any later administrative or judicial proceedings 31 it b1ving the COMPLAINT, including any later initiated INVESTIGATION or Page 19 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 1 DEPARTMENT proceedings. Upon satisfactory conclusion of the mediation, the 2 COMPLAINT shall be dismissed and withdrawn, and shall not be filed in any personnel 3 record pertaining to the OFFICER INVOLVED. The DEPARTMENT shall inform the 4 COMMISSION of the outcome of the mediation (alternative complaint resolution 5 process). The DEPARTMENT or the COMMISSION regarding the COMPLAINT shall 6 thereafter entertain no further proceedings regarding the COMPLAINT. 7 8 Section 10.04 Protocols for Reviewin SERVICE COMPLAINTS 9 A SERVICE COMPLAINT is a COMPLAINT received from a CITIZEN regarding 10 quality of service or minor acts or omissions that would not normally rise to the level of 11 misconduct. 12 (a) The DEPARTMENT shall resolve all SERVICE COMPLAINTs and report them 13 to the COMMISSION on a SERVICE COMPLAINT Log form. The 14 documentation will include the action taken to resolve the COMPLAINT. 15 (b) No appeal of a SERVICE COMPLAINT shall be permitted before the 16 COMMISSION. The COMMISSION, however, may audit COMPLA1NTs 17 categorized as SERVICE COMPLAINTS on a quarterly, semi-annual or annual 18 basis, and provide appropriate comment to the CITY MANAGER and CHIEF on 19 the handling of SERVICE COMPLA1NTs on a continuing basis. 20 (c) No public comment by the COMMISSION regarding SERVICE COMPLAINTS 21 shall be permitted without the approval of a majority of the COMMISSIONERS. 22 Public comment shall not include any discussion of personnel or confidential 23 information. 24 (d) The DEPARTMENT shall respond by letter to COMPLAINANTS the FINDINGS 25 of their INVESTIGATION of the SERVICE COMPLAINT. 26 27 Article XL Protocols for Filing of REQUEST FOR FURTHER REVIEW 28 29 Any COMPLAINANT who is dissatisfied with the DEPARTMENT'S FINDINGs 30 reported following an INVESTIGATION of alleged OFFICER may file a REQUEST 31 FOR FURTHER REVIEW by the COMMISSION which shall be based on either e 20 of 24 Operating Procedures of the National City Community and Police Relations Commission Revises] 11-10-05 1 evidence or allegations the COMPLAINANT believes was omitted in the 2 INVESTIGATION. The DEPARTMENT shall inform the COMPLAINANT at the time 3 of notification of the opportunity to file a REQUEST FOR FURTHER REVIEW. 4 (a) The REQUEST FOR FURTHER REVIEW must be filed within thirty (30) days 5 of the COMPLAINANT receiving DEPARTMENT notification regarding 6 disposition of the case. The COMMISSION may adopt rules for permitting late 7 filings. 8 i) A REQUEST FOR FURTHER REVIEW may be filed only by the 9 COMPLAINANT in writing, either personally, by mail, fax or email with 10 the COMMISSION Office, or through other arrangements approved by the 11 COMMISSION. No COMPLAINT or REQUEST FOR FURTHER 12 REVIEW will be deemed filed with the COMMISSION until it has been 13 reduced to writing and signed by the COMPLAINANT. 14 ii) The REQUEST FOR FURTHER REVIEW shall include: 15 a. The name, address, and telephone number of the COMPLAINANT; 16 b. The approximate date the COMPLAINT was filed (if known); 17 c. The substance of the initial COMPLAINT; 18 d. The evidence, or allegation the COMPLAINANT believes was omitted in 19 the INVESTIGATION. 20 iii) The COMPLAINANT may withdraw the REQUEST FOR FURTHER 21 REVIEW at any time. 22 (b) The COMMISSION may decline the REQUEST FOR FURTHER REVIEW if it 23 appears that the DEPARTMENT' s INVESTIGATION and FINDINGS were 24 satisfactory and/or no information is provided to justify additional or further 25 REVIEW by the COMMISSION. 26 (c) Should the COMMISSION accept the REQUEST FOR FURTHER REVIEW, the 27 matter shall be forwarded for resolution in accordance with Police 28 DEPARTMENT Operating Procedure 015 et seq. The COMMISSION shall 29 conduct its REVIEW as defined in Section 10.02 Protocols for Reviewing 30 Complaints of these Procedures. Page 21 of 24 Operating Procedures of the National City yCommunity m unit and Police Relations Commission Revised 1 i) The OFFICER(s) INVOLVED shall be . informed pursuant to 2 DEPARTMENT policy and procedures. 3 (d) The COMMISSION's determination resulting from the REQUEST FOR 4 FURTHER REVIEW shall be final. The COMMISSION shall thereafter entertain 5 no further proceedings regarding the COMPLAINT. 6 7 Article XII. Communications 8 9 In the case of COMMISSION communications: 10 (a) The COMMISSION shall not identify individuals involved in cases that come 11 before the COMMISSION to any person other than among themselves, the 12 COMMISSION, the and DEPARTMENT; 13 (b) No COMMISSION member shall release any hearing documents to any person 14 outside of the committee; 15 (c) No COMMISSION member may publicly represent the COMMISSION without 16 prior authorization from the COMMISSION or the Chairperson; 17 (d) Any COMMISSIONER regarding any particular INCIDENT or OFFICER under 18 COMMISSION review shall not send email, nor shall e-mail identify any 19 DEPARTMENT personnel by name. Any e-mail communication sent by a 20 COMMISSION member to any other member or members of the COMMISSION 21 that relates to COMMISSION business shall be furnished to and retained by 22 COMMISSION staff pursuant to the CITY records retention schedule. Copies of 23 communications shall be sent to the COMMISSION staff at the time the 24 communication is made. The sender or recipient shall not retain individual 25 copies, other than by COMMISSION staff in accordance with the CITY records 26 retention schedule. 27 (e) The COMMISSION should address the questions arising out of public comment 28 during COMMISSION public meetings. 29 i) The questions should be addressed to the COMMISSION and not to 30 COMMISSION staff. Page 22 of 24 Operating Procedures of the National City Community and Police Relations Commission Revise 4 1-10-05 1 ii) The Chair is the spokesperson for the COMMISSION and may restrict 2 discussion of any question to allow for necessary research. 3 iii) The COMMISSION acknowledges that not all questions rise to the level of 4 concern requiring a response. 5 iv) The Chair will advise the questioner when the COMMISSION will respond 6 to a question. 7 8 Article XIII. Monitoring and Reporting 9 10 Section 13.01 The COMMISSION shall develop a data system to track all 11 COMPLAINTs received, develop quarterly reports to inform the CITY MANAGER 12 regarding COMMISSION workload and performance, and review the status of 13 COMPLAINTs and appeals with the CHIEF. 14 15 Section 13.02 The COMMISSION may utilize the CONSULTANT to develop 16 recommendations for modification of DEPARTMENT policies and procedures in order 17 to prevent problems, and improve the quality of INVESTIGATIONS and police- 18 community relations. 19 20 Section 13.03 The COMMISSION shall develop annual summary reports for the CITY 21 MANAGER, COUNCIL and public on COMMISSION activities, policy 22 recommendations, and DEPARTMENT follow-through on recommendations. The report 23 may include analysis of closed files that were not appealed, but not for the purpose that 24 the files are to be reopened or that any confidential information or personnel records 25 disclosed. 26 27 28 Article XIV. Increasing Public Access 29 Page 23 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 � � ) 1 Section 14.01 The CITY MANAGER shall work with the COMMISSION to make 2 COMPLAINT forms available in formats and locations to reach as many community 3 members as possible. 4 5 Section 14.02 The CONSULTANT shall work with the COMMISSION to develop 6 programs to educate the public about the COMMISSION and the importance of reporting 7 problems. 8 9 Section 14.03 The COMMISSION shall develop programs to educate DEPARTMENT 10 personnel on COMMISSION activities. DEPARTMENT personnel shall be informed that 11 the COMMISSION is another means for CITIZENS to file COMPLAINTs. 12 13 The COMMISSION shall work with the DEPARTMENT to develop guidelines for 14 situations when a COMPLAINANT with a COMPLAINT directly contacts a commander 15 or supervisor within the DEPARTMENT. 16 17 18 Article XV. Limitation on Power 19 Neither the COMMISSION nor any retained CONSULTANT may comment upon or 20 recommend the level of discipline for any OFFICER pursuant to any REVIEW made 21 under this procedure. 22 23 ########## Page 24 of 24 Operating Procedures of the National City Community and Police Relations Commission Revised 11-10-05 Attachment No. 1 Summary of Public Comments Received to the CPRC Operating Procedures South Bay Forum submitted correspondence dated March 13, 2005. The comments are in two (2) principal areas: 1. Independent Investigation — "The outlined procedures confirm that the CPRC has absolutely no power and ironically (but not surprisingly), the "DEPARTMENT" (NCPD) has the ultimate say as to the disposition of a citizen complaint of police misconduct!" 2. Lack of Subpoena Power — "....until the Mayor and City Council act to give this commission full subpoena authority, the CPRC will not serve as a deterrent to police misconduct nor will it be able to hold the NCPD accountable for any misdeeds." Consultant Analysis and Recommendation: a) The City of National City has elected not to create a separate investigative authority to review complaints of officer misconduct. The primary reason is cost. Cities such as Berkeley and San Jose operate independent audit models and incur cost of $370, 000 and $600, 000 respectively. The City of National City has budgeted $50,000 for its CPRC. Recommendation 1 - The consultant recommends that the CPRC at this time accept the policy decision of the Council and conduct its implementation of the investigative review model. Recommendation 2 - It is further recommended that in the future, should the CPRC deem the investigative review model unsatisfactory, then it should consider other models of civilian police review. b) With respect to subpoena power, the National City Police Department rules and regulations require that officers comply with the investigative authority of the Department. Those rules will be added to by the Operating Procedures to allow the CPRC to review all evidence, witnesses and officer statements, and any tape recordings. However, subpoena power may he useful by the CPRC to conduct the review of non -city employee witnesses who may not have cooperated with the Department investigation. 1 Recommendation 3 - The Consultants recommendation is to add a section allowing subpoena power of non -city employee witnesses who may aid in the review of Department Investigations, National City Police Officers Association (NCPOA) — the comments fall within the listed categories: • Section 1.01 - The Commission should not function through the office of the City Manager. It is enjoined from doing so. Consultant Analysis and Recommendation — CPRC is an independent authority receiving from the City Manager financial management and administrative support, and from the Chief of Police investigative cooperation. The City Council's policy decision to place the administrative support of the CPRC within the Office of the City Manager was made in part due to community concerns that the CPRC did not have independence if its administrative support was aligned under the authority of the Chief of Police. If adopted, these procedures delineate the role of the CPRC to review the investigation of the NCPD and do not initiate a separate investigation, nor create a new investigative authority, which was enjoined by the courts. Recommendation 4 - The Consultants recommendation is not to alter this section. • Section 1.02 (a) and Section 10.02 - The Police Officer's Bill of Rights also guarantees a right to appeal negative findings found by the Department or the CPRC. Consultant Analysis and Recommendation — The CPRC does not issue a finding against a particular officer or make recommendations regarding discipline, but reviews the investigation conducted under the authority of the Chief of Police consistent with Penal Code Sections 832.5 and 832.7. The CPRC 's investigative review would notice the Chief of Police of any unsustained facts relating to those findings. The Chief of Police has the final determination of the complaint resolution, and is subject to National City Police Rules and Regulations, which offer any appeal sought by the NCPOA. Furthermore, nothing within the CPRC procedures prohibit an officer from seeking a hearing with the CPRC. 2 Recommendation 5 - To aid in creating clarity to the Operating Procedures, the consultant recommended to the CPRC the addition of the underlined wording to the definitions of "COMPLAINT" and "COMPLAINANT" to include "or a DEPARTMENT employee or OFFICER who feels aggrieved by an INVESTIGATION". Furthermore, the Operating Procedures acknowledge the OFFICER's right to appeal the position of the COMMISSION consistent with Caloca v. County of San Diego (1999), 72 Cal.App.4th 1209 and Caloca v. County of San Diego (2002), 102 Cal.App.4th 433, which held that under the Public Safety Officers Procedural Bill of Rights Act (Government Code Section 3300 et seq.), police officers must be afforded an administrative appeal of sustained findings of misconduct even though no disciplinary matters are considered. The City Attorney has recommended that: "Such administrative appeal proceeding will be conducted by a neutral, unbiased adjudicator(s) who will examine the finding de novo. All further terms of the re-examine will be consistent with the guidelines set forth in the Caloca v. C'ounty of San Diego (2002), 102 Cal.App.4th 433." • Section 1.03 - As long as such contact does not reveal information deemed confidential by law. Consultant Analysis and Recommendation — The Operating Procedures reference throughout non -disclosure and confidentiality consistent with Penal Code Sections 832.5 and 832.7. The NCPOA concern is not applicable. Recommendation 6 - The Consultants recommendation is not to alter this section. Section 3.01 -Once again, the Commission should not function through the office of the City Manager. Consultant Analysis and Recommendation — CPRC is an independent authority receiving from the City Manager financial management and administrative support, and from the Chief of Police investigative cooperation. If adopted, these procedures delineate the role of the CPRC to review the investigation of the NCPD and do not initiate a separate investigation, nor create a new investigative authority, which was enjoined by the courts. 3 Recommendation 7 - The Consultants recommendation is not to alter this section. • Section 3.02(e) —Constitutional question of whether such demographic make- up is lawful. Consultant Analysis and Recommendation — The City Council established the demographic make-up of the CPRC. There are no constitutional issues the CPRC is aware of with its composition. Recommendation 8 - The consultant recommends clarity be added to this Section moding Page 5 of 21 starting at Line 21 by striking and adding the underlined wording "appointments that will cause the group to be-st reflect the demographic make-up of the CITY as best practicable". • Section 7.02 - Once again, the Commission should not function through the office of the City Manager. Consultant Analysis and Recommendation — CPRC is an independent authority receiving from the City Manager financial management and administrative support, and from the Chief of Police investigative cooperation. Recommendation 9 - The Consultants recommendation is not to alter this section. • Section 8.01(b) and (g) - Cannot report confidential information. Consultant Analysis and Recommendation — Section 9.01 (e) iv defines the confidentially of records, complainants and officers within the CPRC investigative review. The Operating Procedures reference non -disclosure and confidentiality consistent with Penal Code Sections 832.5 and 832.7. Recommendation 10 - The Consultants recommendation is not to alter this section. • Section 8.01(k) Once again, the Commission should not function through the office of the City Manager. Also, cannot report confidential information. Consultant Analysis and Recommendation — CPRC is an independent authority receiving from the City Manager financial management and administrative support, and from the Chief of Police investigative cooperation. 4 The Operating Procedures references non -disclosure and confidentiality consistent with Penal Code Sections 832.5 and 832.7. Recommendation 11- The Consultants recommendation is not to alter this section. • Section 9.01(e)(1) [sic-"i"J - The Commission should only accept complaints based on first hand knowledge and a request to make a complaint. Consultant Analysis and Recommendation — The CPRC Operating Procedures so state in Section 9.01 (e) ii, "Accept COMPLAINTs for processing and further review that are based upon first-hand knowledge, or make reasonable inquiry during initial intake processing regarding whether such knowledge or the identity of one or more percipient witnesses is ascertainable." Recommendation 12 - The Consultants recommendation is not to alter this section. • Section 9.01(e)(5)- Once again, the Commission should not function through the office of the City Manager. Consultant Analysis and Recommendation — CPRC is an independent authority receiving from the City Manager financial management and administrative support, and from the Chief of Police investigative cooperation. Recommendation 13 - The Consultants recommendation is not to alter this section. • Section 9.01(0 The CPRC should not be allowed to publish any findings or reveal any information in violation of state law. Consultant Analysis and Recommendation — The Operating Procedures reference throughout non -disclosure and confidentiality consistent with Penal Code Sections 832.5 and 832.7. The Section referenced by the NCPOA states on Page 11 of 21, starting at Line 3 "consistent with state law public disclosure requirements ", which is understood to mean ifprohibited then the information cannot he disclosed. Recommendation 14 - The Consultants recommendation is not to alter this section. • Section 9.01(i) - Such delegation shall not be allowed. 5 Consultant Analysis and Recommendation — The NCPOA is objecting to the delegation to a subcommittee of the CPRC (Complaint Review Committee) investigative review. This delegation fails within the administrative authority of the CPRC. The delegation affords the CPRC capability to develop within specific commissioner 's skilled expertise in complaint investigation. Furthermore, it affords a higher level of confidentially by controlling the number of commissioners directly involved with the investigative review. Finally, it allows for the Commission to best manage its resources and creates flexibility to adjust the commission workload should there be high volumes of review that could be handled with various review teams or subcommittees. The delegation can be omitted, but burdens the Commission. Recommendation 15 - The Consultants recommendation is not to alter this section. • Section 10.01 - No recommendation to Department reference IAD (Internal Affairs Department) v. supervisor investigation. Consultant Analysis and Recommendation — This section addresses the protocols for handling complaints, and allows the CPRC to refer COMPLAINTs with a recommendation to the DEPARTMENT for review by LID as opposed to a supervisor. This recommendation would be sought by the CPRC when it believes a higher level of review may be appropriate. The DEPARTMENT is not compelled to accept the recommendation of the CPRC. Recommendation 16 - The Consultants recommendation is not to alter this section. • Section 10.02(a) - Not forward to IAD. Complaint must be filed with Department for Department review. Consultant Analysis and Recommendation — The section on Page 11 of 21 beginning on Line 28 reads as follows: "The COMMISSION shall gather information from a COMPLAINANT and forward it to the DEPARTMENT. The COMMISSION shall monitor timeliness and disposition of the LID INVESTIGATION." 6 Recommendation 17 - The Consultant recommends striking the reference to IAD so there is no differentiation made between an LAD and supervisory investigation. • Section 10.02(b) - The Commission shall not have any access to any disciplinary action taken by the Department. Consultant Analysis and Recommendation — This Section deals with CPRC comments relating to the investigation. Recommendation 18 - The Consultant recommends moding Page 21 of 21 beginning on Line 2 by adding the underlined wording "...review and comment separately to the CHIEF on the INVESTIGATION and any remedial actions taken by the DEPARTMENT resulting from the INVESTIGATION other than regarding disciplinary actions. • Section 10.03(b) - Not notify IAD. Consultant Analysis and Recommendation — Section 10.2(c) identifies specific reasons for which the CPRC can deny a complaint. This section speaks to the notification to L4D of why a complaint has been rejected by the CPRC. Recommendation 19 - The Consultant recommends the term DEPARTMENT be used instead of L4D. • Section 10.03(c) - Only if IAD is done. Consultant Analysis and Recommendation — Page 13 of 21 beginning with Line 16 the section reads as follows: "COMMISSION members will review the INVESTIGATION report. following its completion. To facilitate the review, the COMMISSION may review any IAD or other tape recordings of interviews with witnesses...." The NCPOA concern appears to center on the fact that unless there was an IAD investigation there would be no tape recordings. Recommendation 20 - The Consultant recommends a modification of Page 13 of 21 beginning at Line 5 to add the underlined wording, "To facilitate review, the Commission may review all evidence, including any IAD or other tape recordings of interviews with witnesses...." • Section 10.03(c)(ii) - No access to discipline. 7 Consultant Analysis and Recommendation — This section refers to the Commissions access to any disciplinary action taken against an officer resulting from any alleged complaints. There are legitimate reasons the CPRC should have access to such information. The CPRC is prohibited from disclosing any personnel or disciplinary information. However, the knowledge of punitive actions taken by the department resulting from a complaint or matter of misconduct should not be withheld because: 1. Penal Code Section 832.5 allows for the "Management" of a peace officer 's employing agency to have access to general personnel files. As the CPRC is empowered by the Chief of Police to review the investigation conducted, it is in affect "Management" and should not be denied access to information regarding disciplinary actions taken resulting from sustained complaints ,filed. It is understood that disclosure of such information is prohibited. 2. The Police Officers Bill of Rights allows for statements obtained through an investigation to be used by the public safety department in seeking civil or punitive actions against an officer. Acceptance of the NCPOA position could therefore redact any investigative statement that could lead to civil or punitive actions taken against an officer from the CPRC review and breach the intent of Proposition L. 3. The Police Officer Bill of Rights further provides for officers to enter statements regarding adverse comments placed into their personnel files. These statements may aid in creating a sense of balance for the CPRC's review of an investigation and accord with the Department in complaint resolution. The NCPOA position could affect the CPRC's access to such statements. Recommendation 21 - The Consultants recommendation is not to alter this section. Recommendation 22 - To further insure that officers' rights are maintained, the Consultant will recommend a blind complaint tracking system for reporting purposes that identifies: (a) The type of complaint (citizen -initiated or service related); (b) The alleged infraction (i.e. in -custody abuse, battery, assault); and, (c) The assigned sequence number. The tracking system will not specify any information relating to an officer and complaint forms once coded for tracking will be sent without duplication to the Department. When the investigation is completed the results reported to CPRC should be redacted omitting the names of officers. -ac) 8 Furthermore, department initiated complaints should be acknowledged to the CPRC and include: (a) The type of complaint, (b) The alleged infraction; and, (c) The assigned sequence number for tracking purposes. Nothing within this proposed tracking -system, which is defined for purposes of reporting, should suggest exclusion of the CPRC in closed - session from reviewing the un-edited statements of officers, witnesses, evidence or tape recordings. • Section 10.03(c)(iii) - No request of Department. Consultant Analysis and Recommendation — This section addresses the authority of the CPRC to delay its decision of the review of findings by the Department if it believes further investigation is necessary. The intent of the CPRC is to insure that all evidence is investigated. The NCPOA objects to the CPRC's authority to request further investigation. Recommendation 23 - It is recommended the CPRC preserve its authority to request of the Department further investigation if it believes evidence, witness statements or facts have been omitted within the investigation or otherwise has come to light as new evidence. This section preserves the independence of the CPRC regardless if the Department agrees to the further investigation of evidence. • Section 10.03(d) - The City Manager should not be allowed to review recommendations from the Commission. Consultant Analysis and Recommendation — It is believe the NCPOA is reviewing an older draft of the Operating Procedures. The section currently requires a review with the Chief of Police in those circumstances in which the CPRC cannot sustain the findings of the investigation. Recommendation 24 - The Consultants recommendation is not to alter this section. • Section 10.03(f) - The Department shall not allow Complainant to appeal the Department's findings. The findings of the Commission should be independent from the findings of the Department. Request cannot include any release but that specified by the Penal Code. Consultant Analysis and Recommendation — The NCPOA concern involves the notification to a Complainant of the right to seek a review 9 �1 hearing by the CPRC of the Departments findings resulting from an investigation. Furthermore, the NCPOA suggest a separate finding by the CPRC, which has been avoided in the Operating Procedures. The "review hearing" is essential as it allows the complainant to seek a reconsideration based on evidence or facts they feel were omitted in the investigation. Complainants should be apprised of their rights at the time the complaint is initiated and in the notification offindings. The Chief of Police forwards the final communication or notification on this matter to the Complainant, thus it becomes the Departments findings, and is released in accordance with the penal code as suggested by the NCPOA. The rationale for not adopting a separate finding by the CPRC from that of the Department is to avoid violation of the courts enjoinment. The CPRC is further choosing to mediate its dfferences with the Chief through requests for additional investigation. The CPRC public disclosure of any finding resulting from a complaint released by the Department could fall into one of two categories: "changed" or "not changed" as a result of the CPRC review. Recommendation 25 - The Consultants recommendation is not to alter this section. • Section 10.04 - The Commission shall not review all Department complaints unless there is an independent complaint made to the Commission. Consultant Analysis and Recommendation — The NCPOA is rejecting the CPRC 's authority to review all Complaints received by the Department. The intent of Proposition L is clear; the public wanted citizen review of police misconduct regardless of how a complaint was initiated. Where a complaint is received, either by the CPRC or the Department, should have no bearing on the CPRC's ability to review the investigation of that complaint. The CPRC is also addressing public trepidation regarding the potential for "departmental cover-up" of complaints registered against officers. The review of all complaints addresses that perception. Foremost, the complaint process should not be duplicitous and fragmented, as it currently exists — CPRC versus Police Department. 10 Citizens should be afforded various means to register a complaint: (1) directly with the Department; or, (2) through the CPRC where interpretation and assistance may be afforded for those requiring aid. These systems should not exist as exclusive or independent of each other. The `process" should first register all complaints on a complaint intake screening form — similar to that currently employed by the CPRC; and then transferred to a complaint witness form — similar to that employed by the Department. The fact that a citizen must wait at the Department to be interviewed by a officer in order to register a complaint is intimidating, if not an artificial barrier to access if that officer is unable to communicate in the primary language of the complainant. Recommendation 26 - The Consultant recommends the CPRC seek a "procedural" change in the complaint intake system when developing the allied MO U to these Operating Procedures. Moreover, there are segments of department initiated complaints against officers that are procedural misconduct matters, dealt with internal to the police department that may not be filed as complaints. These can range from sexual harassment to- unauthorized use of department property, theft, assaults on fellow officers, lewd behavior, and others. These procedural misconduct issues more likely than not are department initiated personnel matters that can involve discipline and speak to the conduct of officers. Not to review these matters may leave the citizens of National City exposed to a rouge police department which is precisely what Proposition L was intended to address. This will be a policy decision of the City Council. Recommendation 27 - The Consultants recommendation is not to alter this section. • Section 12.01(c) - While the Commission may hold a hearing, the Department shall not be required to come and defend its findings. Consultant Analysis and Recommendation — The NCPOA is seeking to eliminate the CPRC 's authority to ask for additional information to sustain the findings of the Department in a review hearing, which is requested by a complainant. 11 Again Proposition L spoke in favor of citizen review. A review should be objective of the evidence and the CPRC should be allowed to challenge the findings of the Department when a reasonable person cannot arrive at the same conclusions of those who conducted the investigation. The disposition of the review hearing rest with the CPRC in consultation Chief of Police. The CPRC becomes a tool for the Chief of Police to confirm with the public that a fair, unbiased and impartial investigation of police misconduct has been performed. The CPRC believes this independent debate between the Department and its CPRC is a better alternative than suggested by the NCPOA of the issuance of separate findings, which could only exasperate relations between the Department and the community. Recommendation 28 - The Consultants recommendation is not to alter this section. • Section 12.02 - There shall be no public disclosure of any confidential personnel information either released to Commission or made by the Commission itself. Consultant Analysis and Recommendation — The Operating Procedures reference throughout non -disclosure and confidentiality consistent with Penal Code Sections 832.5 and 832.7. Recommendation 29 - The Consultants recommendation is not to alter this section. 12 Attachment No. 2 Summary of Public Comments To the CPRC Memorandum of Understanding Agenda Item 5 — July 13, 2005 This is a Companion Item to Agenda Item 6 The resulting action on this item will affect what is approved in that matter Action Item — Authorization to Chair to submit for execution the Memorandum of Understanding (MOU) between the Community and Police Commission, City Manager and Chief of Police of National City Requested Action 1. The Commission accepts the recommendation of the Consultant to retain subpoena power as adopted in the CPRC Operating Procedures as an element of the Memorandum of Understanding. 2. Authorize the Chair to submit for execution the MOU defining protocols and procedures for reviewing complaints registered against the National City Police Department. Background The Community and Police Relations Commission (CPRC) at its May 26th Special Meeting authorized the CPRC Operating Procedures. The Operating Procedures establish the guidelines by which the CPRC intends to conduct the investigation of complaints filed against employees of the National City Police Department. The Operating Procedures are to be accompany by an implementing document, the Memorandum of Understanding (MOU) between the CPRC, City Manager and Chief of Police of National City. On May 12th the CPRC authorized its Compliant Review Subcommittee to undertake discussions with the Chief of Police to develop a mutual document agreeable to all parties. In Complaint Review Subcommittee discussions with the Chief of Police conducted on June 3r and June 10th a document was refined for consideration. The document contains the essential agreement between the CPRC and Chief of Police for conducting reviews of complaints. CPRC authorized the Chair to submit the MOU to a 21-day comment period beginning June 17th and concluding on July 7th 2005. Principal stakeholders to included, but not limited to, the National City Police Department Police Officers Association and South Bay Forum received the notice and were invited to comment. A total of 19 Stakeholders (listing attached) received the MOU. The list was supplemented by notice to the Filipino Press, San Diego Union -Tribune Newspaper, La Prensa, Dario Latino, and El Latino Newspaper. Distribution also included requests received via the City Manager's Office from Elvira Diaz, Judy De Los Santo, and Herman Baca. One (1) comment was received from the Committee on Chicano Rights (CCR). The Consultant was directed by the CPRC at the June 13, 2005 meeting to return with the MOU, the accompanying CPRC Operating Procedures, and any modifications or changes within either of those documents necessary to make them compatible. Attached, please find a red -line version of the MOU and Operating Procedures with modifications. Discussion On June 21, 2002, the CCR, as part of a 6 member delegation representing the South Bay Forum, met with City Manager Chris Zapata, Police Chief Gonzales and Community Services Director Leslie Deese to discuss concerns regarding the CPRC. The correspondence received from the CCR (attached) summarizes that discussion and comments relating to the MOU and Operating Procedures. The CCR is calling for the abolishment of the CPRC as an "illegal, illegitimate, bogus ...waste of taxpayer's monies... (as) Mayor Inzunza and City Council members Para, Morrision, and Natividad (failed) to implement for 1-year the voters mandated commission, betraying the will of the people, violating and subverting fundamental principles of democracy." The CCR characterizes "the MOU and Operating Procedures are blatantly biased pro police document... " The stated concerns of the CCR are that most proponents of Proposition L were signing petitions that mandated the "police oversight board" be an independent investigative authority, separate from the National City's .Police Department's complaint review, representative of the ethnic and economic population make-up of the city, comprised of National City residents, with no police or law enforcement officials serving, and with subpoena powers. The CPRC currently is comprised of 3 Hispanics, I Black, and 4 Whites, of which 4 are female, 4 are male, with 5 of the 7 voting members residents of National City. A member of the National City Police Officers Association (POA) sits as a non -voting member of the CPRC. There is currently a vacancy for a non -voting representative from a human rights organization. County Registrar of Voters records indicates that the November 5, 2002 Proposition L was an advisory vote for a "police oversight commission" with no specific reference to composition or subpoena power. Page 2 of 7 Agenda Item 5—July 13, 2005 This is a Companion Item to Agenda Item 6 The resulting action on this item will affect what is approved in that matter Action Item — Authorization to Chair to submit for execution the Memorandum of Understanding (MOM between the Community and Police Commission City Manager and Chief of Police of National City The 2002 National City Community and Police Relations Task Force, that undertook the public hearings and authored the report and recommendations leading up to the City Council's position to place Proposition L on the ballot, considered subpoena power, but made no recommendation to the Council on that matter. Subpoena power is viewed by civilian police oversight proponents as a symbol of independence to examine evidence beyond the paper review of police investigation reports. It signals that ability to examine any and all pertinent evidence. And, for those who ignore the subpoenas or refuse to appear it calls into question the qualification of their statements as significant evidence in the police department's determination of the investigation findings. Prior to meeting with the CCR the City Manager accepted a meeting with the National City Police Officers Association (POA). The POA voiced its concerns that the CPRC was undertaking consideration of subpoena power in the adoption of the Operating Procedures, of which they opposed. The POA through their representative on the CPRC, and in discussions with Captain Leonard Knight and Senior Assistant City Attorney Rudolph Hracdecky, have voice their opposition to the subpoena provision and asked that it be removed. Police Chief Gonzales in discussions regarding the MOU indicated that he did not believe that subpoena power would be necessary, as it would be under his authority that officers would be compelled to testify in the investigation of matters involving misconduct. Furthermore, that subpoena power, more likely than not, would only be utilized to obtain testimony in support of a complaint from individuals and parties outside of the police department. The City Attorney shares the concerns of Chief Gonzales the subpoena power, that as long as the Chief is compelling officers to appear before the CPRC as part of the complaint review investigation, more likely than not, subpoenas would only be used by the CPRC to compel testimony from individuals and parties outside of the police depai intent. This then leaves for discussion the matter of how and who would enforce subpoenas. For enforcement to be put forward subpoena power would need to be embodied within the City Ordinance. Enforcement would require once a subpoena is issued and ignored that misdemeanor charges would be filed by the City Attorney. To make those charges against a subpoenaed witness there would need to be substantiated fact that the witness named in the subpoena had pertinent information or documents relating to the investigation. For thc CPRC to arrive at the conclusion that a witness had pertinent information, a finding would have to be established within the context of the investigation report complied by the police department, as the CPRC is not a separate investigative entity. Page 3of7 Agenda Item 5 — July 13, 2005 This is a Companion Item to Agenda Item 6 The resulting action on this item will affect what is approved in that matter Action Item —Authorization to Chair to submit for execution the Memorandum of Understanding (MOU) between the Community and Police Commission, City Manager and Chief of Police of National City The CPRC must consider that the use of subpoena power would thus be limited, and narrowly tailored to ensure enforcement. The CPRC is comprised of citizens, representative of the local community interest. There is a concern by vocal segment of the community, that for the CPRC to be viable, it must have subpoena power. The CPRC in its adoption of its Operating Procedures approved the concept of subpoena power as part of its review of complaint investigations. It is the desire of the National City POA to remove subpoena power from the CPRC's review of investigations. Consequently, the Chief of Police has asked for a change in the CPRC's position on subpoena power in his discussions regarding the MOU. The question before the CPRC is which position or stakeholder group — the South Bay Forum (subpoena power) or National City POA (no subpoena power), represents the optimum interest of the citizens of National City? That is a public policy question that may be better responded to by the City Council who can better judge the intent of the voters in their adoption of Proposition L. Recommendation In deference to the approved CPRC Operating Procedures the Consultant is recommending that the CPRC retain its conceptual position on subpoena power and that it be added as an element of the MOU. Fiscal Impact None with this action. However, the inclusion of subpoena power could have a fiscal impact to the City of National City in the future depending on its frequency of engagement as the authority for process of service and enforcement would need to be considered by the City Council. City Attorney Review Wi11 comment at the CPRC Meeting. Page 4 of 7 Agenda Item 5 — July 13, 2005 This is a Companion Item to Agenda Item 6 The resulting action on this item will affect what is approved in that matter Action Item —Authorization to Chair to submit for execution the Memorandum of Understanding (MOU) between the Community and Police Commission, City Manner and Chief of Police of National City Antonio Raymond Norma Christian Joann Benjamin Guadalupe Joel H. Willie James David James Riz Carolyn Wayne Roberto Ted Dolores Jan Tony Pizano Uzeta Cazares Ramirez Leone Prado Corona San Juan Racelis Fornaca Grande Memorandum of Understanding — Stakeholder List President/CEO CEO Director Director - US Mexico Border Program Director Director Director President President President Baker Executive Director Oades Director of Operations Kruse President Suiter Chairman Valderrama Chairman Godshalk Chairman Flores Chairwoman Martinelli Chairwoman Garcia Chairman MAAC Project Chicano Federation of San Diego County South Bay Forum American Friends Service Committee National City Collaborative & Family Resource Center Raza Rights Coalition/Coalicion Pro-Derechos Latino/Latina Indigenous Unity Coalition Operation Samahan, Inc Filipino American Chamber of Commerce Mile of Cars Association National City Police Officers Association Institute for Public Strategies Kalusugan Community Services National City Chamber of Commerce El Pueblo Neighborhood Council Manchester Neighborhood Council Old Town Neighborhood Council Olivewood Neighborhood Council Civic Center Neighborhood Council El Toyon Neighborhood Council Page 5 of 7 Agenda Item 5 — July 13, 2005 This is a Companion Item to Agenda Item 6 The resulting action on this item will affect what is approved in that matter Action Item — Authorization to Chair to submit for execution the Memorandum of Understanding (MOU) between the Community and Police Commission City Manager and Chief of Police of National City Committee on Chicano Rights 710 East Third Street * National City, CA 91950 * (619) 477-3800 June 30, 2005 City Manager, Chris Zapata 1243 National City Blvd. National City, CA 91950 Facsimile: (619) 336-4327 Re: June 21, 2005 meeting. City Manager Zapata: Regarding June 21, 2005 meeting concerning the COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) and Memorandum of Understanding (MOU) and Operating Procedures that were forwarded to us. Representing the city of National City at the meeting were Chief of Police Gonzales, Ms. Leslie Deese, and you. Ms. Norma Cazares, Ms. Elvira Diaz, Ms. Judy De Los Santos, Mr. Ted Godchalk, Mr. Christian Ramirez, and I represented the community. For the record, so there is no misunderstandings note (below), our organization's position on these two issues so you will forward to the Mayor and City Council, 1. The present structured CPRC in our opinion is illegal, illegitimate, bogus and a waste of taxpayer's monies ($100,000.00, half to consultant Herman Collins) and must be ABOLISHED. Reasons as I stated at the June 21, 2005 meeting are Mayor Inzunza and City Council members Parra, Morrison, and Natividad failure to implement for 1-year the voter's mandated commission, betraying the will of the people, violating and subverting fundamental principles of democracy by ignoring the 2300 petitions signed by voters in 2001 and 2002 election voter's mandated (approved 70%) Prop "L." 2. The MOU and Operating Procedures are blatantly biased pro police document and another political attempt by the mayor and city council to either sell voters a Page 6 of 7 Agenda Item 5 —July 13, 2005 This is a Companion Item to Agenda Item 6 The resulting action on this item will affect what is approved in that matter Action Item —Authorization to Chair to submit for execution the Memorandum of Understanding (MOU) between the Community and Police Commission, City Manager and Chief of Police of National City "bill of goods," or destroy the spirit and intent of the voter's signed petitions and Prop. "L." As I also stated to you at the meeting, NC voters signed petitions and approved Prop. "L" mandating the mayor and city council to create a police oversight board that, Would be representative of the ethnic and economic population make- up of the city, Would be community controlled, comprised of National City residents with no police or law enforcement officials serving on the commission and, Y Would be empowered with subpoena powers to deal with the police and protect witnesses from police retribution. Since to date none of the above has been implemented, it remains our position that until the mayor and city council respect the will of the people, adhere to democratic principles and implement the spirit and intent of the voter's signed petitions and Prop "L" that, the present bogus COMMUNITY AND POLICE RELATIONS COMMISSION be abolished and a new commission created. Sincerely, Herman Baca, President Cc. Community Organizations, News Media Page 7 of 7 Agenda Item 5 — July 13, 2005 This is a Companion Item to Agenda Item 6 The resulting action on this item will affect what is approved in that matter Action Item —Authorization to Chair to submit for execution the Memorandum of Understanding (MOU) between the Community and Police Commission, City Manager and Chief of Police of National City ITEM #32 2/7/06 VERBAL UPDATE ON CITY/COMMUNITY DEVELOPMENT COMMISSION INTEGRATION (CITY MANAGER) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 7, 2006 33 AGENDA ITEM NO. 6-ITEM TITLE TEMPORARY USE PERMIT — Cornerstone Church of San Diego Temporary Church Structure — 1920 Sweetwater Rd, March 6, 2006-September 6, 2006 PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXT. EXPLANATION This is a request from Cornerstone Church of San Diego to erect a membrane structure serving as a Church while they prepare plans for construction of a new church. This structure is approximately 107' in length and 70' deep and allows for seating of 500 people. State law (California Fire Code Section 3204) limits the amount of time a temporary membrane structure can be placed on a property to 180 days, therefore, staff has limited the request to 180 days. The applicant's request is for 1 year. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees, however, due to budget considerations staff is recommending that the fees not be waived. CEnvironmental Review N/A MIS Approval (Financial Statement The City has incurred $ 173.00 for processing the TUP through Apamd By: Finance Director departiuents. Additional costs include $349.00 for Fire Permit and $202.65 for Building Permit. Total costs = $724.65. STAFF RECOMMENDATION Account No. 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 am 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: Cornerstone Church of San Diego EVENT: Temporary Church Structure DA 1'E OF EVENT: March 6, 2006 to March 6, 2007 TIME OF EVENT: N/A APPROVALS: PLANNING YES [ ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] 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 [ ] BUILDING & SAFETY YES [ ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: PLANNING 336-4310 One year seems like a long time for this temporary structure to be in this highly visible location adjacent to Route 54. FIRE (619) 336-4550 1) Fire Department Permit required. Permit to be obtained through the Fire Department. Permit fee of $349.00 required at time of application. 2) California Fire Code section 3204 states: Temporary membrane structures shall be used for a period of not more that 180 days within a 12-month period on a single premises. 3) Maintain Fire Department access at all times. 4) Parked vehicles or internal combustion engines shall not be located within 20 feet of temporary structure. 5) The temporary membrane structure shall be composed of flame -resistant material. 6) Interior furnishings, flooring, wall coverings etc. shall be composed of flame - resistant materials. 7) 2-A:10-B:C fire extinguishers are required. Fire extinguisher to be located within the temporary structure. Fire extinguisher locations to be plainly marked and accessible. Minimum of 4 fire extinguishers will be required. 8) Occupant load not to exceed 999. 9) Temporary membrane structure must have a minimum of 4 exits with a minimum width of 6 feet. 10) Exit ways to be maintained in an unobstructed manner at all times. 11) Emergency exit lighting to be in place illuminated with lights having an intensity of not less than 1 foot-candle at floor level while the structure is occupied. 12) Illuminated exit signs required. Lettering to be green in color. 13) Fire protection equipment, hydrants, fire department connections, etc. shall not be blocked or obstructed by the placement of the temporary structure. BUILDING & SAFETY 336-4210 1. A building permit must be obtained from the Building Dept. and a final inspection conducted prior to occupancy. Cost for permit is 202.65. 2. The structure must comply with the California Building, Electrical, Plumbing and Mechanical Codes as well as the California Title 24 handicapped requirements. 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 licenses. 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.) (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX) Type of Event: _ Public Concert Parade Motion Picture _ Fair _ Festival ✓Community Event _ Demonstration _ Circus _ Block Party _ Grand Opening _ Other Event Title: dOfitbi5itte // Cff't4 tr C wrc kt 5vl/ fr,tes Event Location: 9d d �GcJP`Ccc1C*�-[i ,ltovaa k C; C4 9`9so Event Date(s): From 34106 to (0 01 Total Anticipated Attendance: MonthlDayNear m weA ( Participants) Actual Event Hours: /pm to ( Spectators) Setup/assembly/construction Date: el9ie: .Start ti—% Nnl Please describe the scope of your setup/assembly work (specific details): yY t— Wit t l lir f r40it (IV"( 411.t don ; Lk ®Dr diiU rC %v i t`v1' . fir _SAruc-iv(e uAkk a'r &Mk s, doil angle Om Dismantle Date: 6l07 Completion Time: 1i 15 /q ama) 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: COrrve15--1/4-0vA.e CANUaAN p-c Savo; For Profit Not -for -Profit Chief Officer of Organization (Name) SeY"q V La )l j -a Applicant (Name): SeVA . L010c01, Address: 01 Se(fitng Lahr fcku let V t. _f 9/ WO Daytime Phone: (40) 9 fr9373 Evening Phone: (6l?) Io2/ 373 Fax: (10) d{ -a4r7j Contact Person "on site" day of the event: Sic%('C; b / L- %1'j0{4 Pager/Cellular: l) -'/3 7 3 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? X YES _ NO Are admission, entry, vendor or participant fees required? — YES X, NO If YES, please explain the purpose and provide amount(s): 0 $ /i/A- Estimated Gross Receipts including ticket, product and sponsorship sales from this event: Estimated Expenses for this event. $ 144 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. 1i�ne dab a-C-4er our R \leaf �n�;�e�sa��r Co( v,erskor/ee e C urc ) (1 Covl k, c-4:ah GAOU( (\U(\( (/\ v\C� rr-kodvµ v3 arAs C€ -k£r, 'P ecav5e o-C ` ke v\aLae -k-Le ex- ev,srve 4-alLe putt?) w2 will nee-8 --\o e,rec* —1 " v* yr J ckt.N y v\ e vatf- Nc, \ 04 64 o o f 4a iol d our c., k)rc 4 y = c 's ao a E'r evevAS i Vl , YES NO If the event involves the sale of cars, will the cars come exclusively from National City dealers? If NO, list any additional dealers involved in the sale: / YES _X NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ 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 XNO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies N/A- Sizes N/q NOTE: A separate Fire Department permit is required for tents or canopies. — YES 1.NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: N fi?} If you intend to cook food in the event area please specify the method: . 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 ➢ 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.) !!7� Number of trash cans: c C Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Y4St'F 1 W Gt r e avt Vireirrr` G1 3 Please describe your procedures for both Crowd Control and Internal Security: Ve, Wye ate rt vA4- rvA CiJf /wdw'601 Aug+ er-vices _ YESNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: 0/4 Security Organization Address: Wit Security Director (Name): Ntlrt Phone: 14)bt _ YES XNO 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 inolicate what arra gement you have made for providing First Aid Staffing and Equipment. red+ %i are, leica4i4 -\\Isrmujittoo-i--?Irelei 4 Please d scribe your Accessibility Planfor access at your event by individuals with disabilities: `-C`a ( 9v6Uii e#1 W �` wo S e ra` P 5lrou be- w) �ccessd49,` (� r ssUe S Please provide a detailed description of y ur PARKING Ian: �Gr��lti� ito � � P21��Ter �t�6Jv� LE!Vi�l L ; S cI wi4 L D`-t V buSit,essE'S ivi K-i, L'fiti4e..it Ple se describe your plan for DISABLED PARKING: sece-C yiecireS-t —aen. 47) cue/l dest' o ff f a 7pro1x i a mor✓vri- S,paces -1 - Cks b ied v kj j 4 Please describe your plans to notify ail residents, businesses and churches impacted by the event; usrw.Psses !f be Cay, s h.o'f i/ e d bd c�vr NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. AYES _ NO YES NO 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: �" _1 Number of Bands: Type of Music: alficAiav‘ _ry Will sound amplification be used? If YES, please indate: lied e�, � �`ii t' K < Start time: —7 C414,1____Igipm Finish Time vn amn Svt� Will sound checks be conducted prior to the event? If YES, please indicate: Start time: aml'pm Finish Time amlpm Please describe the sound equipment that will be used for your event: — YESk NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Jufr _ YES NO Any signs, banners, decorations, special lighting? If YES, please describe: AI/A 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 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 ta Official Title For Office Use Only Date Certificate of Insurance Approved Date 7 RE UESF€6R A' _ WANER C7F; 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? x Yes (proceed to Question 2) No (Please sign the form and=submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoringy-1organizationCo wr'i.- ov►e CLurc 6-0 Type of Organization CAA-ill-C. (Service Club, Church, Social Service Agency, etc.) a 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 I --a° Date i cti CD co cu k ct "C"6 CD 4111 prang rue fires a er c urc organza ions an e ec ive so u ion or immeiia e expansion. e ping congregation,. realize their Lull potential quickly. Ideal far interim ar permanent applications. the exclusive relocatahle features of the Sprung structure provide maximum flexibility for the future. Easily Connected to Existing Buildings 14 Architectural Membrane Color Alternatives Cross section at Insulated Sprung Structure Utilizing up to 8" Fiberglass Insulation Sprung Instant Structures www.sprung.com Proven Technology Worldwide! A Wide Selection of Architecturally Friendly Colors Available North America Toll Free: 1-800-528-9899 US Direct Dial: 801-280-1555 Canada Direct Dial: 403-245-3371 An Innovative Building Alternative Designed and Engine to Dramatically Accelerate Church Construction ADD ADDITIONAL SPACE IMMEDIATELY • Over 2 million square feet of inventory available for immediate delivery. • Erected in a fraction of time of conventional construction. FULLY RELOCATABLE AND MODULAR • Ability to disassemble, move, reconfigure or expand. • Long term flexibility for future growth. LARGE CLEAR SPAN MULTI -FUNCTIONAL SPACE • From worship and drama to fellowship and recreation. COMPLETE INSULATION PACKAGES AVAILABLE • Up to 8" fiberglass insulation complete with fully tensioned interior liner provides an energy efficient, comfortable environment. ENGINEERED FOR LONG TERM U • Sprung Structures are designed to meet most building codes and standards. LEASE OR PURCHASE • Leasing provides a cost effective solution for semi -permanent applications. GUARANTEE • A conditional pro-rata guarantee of 30 years on the aluminum substructure and up to 20 years on the architectural membrane 1000 Seat Sanctuary & Foyer Structure offices for ctiit �rries_ a�u , o g cat facility for .met as "nat we've eotiv two cf ou'r main o ockeno SerufineS !ntc '?2 S;tr". well The feel of the room ;s greatpeople pipe r,21r there for worship and hest of ail it went from r, . to completion mr sr Four months We re a eadav tr': about how we can use more Sprung bw Wings future'. Ted 1-/Leegard • Seefo Pastor cf Thy.' National Assoo,'atlon NEW LIFE CHURCH; - Cofora_dc Springs. Color::«a Multifunctional San 0 34'-1 1/2" DOUBLE PERSONNEL DOOR 107'-7 1/2" 4 PANELS @ 9' -10 1/8" = 39' -4 1/2" PLATFORM MEN S. FOYER BATHROOM 19'--2" ENTRANCE 7 HOOD C/W 2 DOUBLE GLASS DOORS OPEN PLAN VIEW 1/16"=1'-0" WOM BATH DOUBLE PERSONNEL DOOR INTERIOR SHOWN FOR REFERENCE ONLY, FINAL LAYOUT DESIGNED (Sc SUPPLIED BY OTHERS. [07 SPRUNG INSTANT STRUCTURES' MaodocheR 01 Stased Moinoekens TOLL FREE:1-609-62848B99 OR (4031245.3371 70.0' x 107.6' SANCTUARY DATE 03/30/00 SCALE AS NOTED DRAWING d F00319 z E. v m m i r^„LI,b7.14 N v s4 76 . l _ 81111111111[11111( Sys 44.2ynt-lam tl*iS- yd r+as t "ana 'Va-v ,4 IIIIHIL_, O J1111F11111f11111[�i1111[If111� s 414110iw • $uJ 1xi 111110. " 1 11,{• 84 ;^44"9L5 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 02/07/06 AGENDA JTTEM NO. 34 ITEM TITLE Award of Paratransit Vehicle Permits and Medallions PREPARED BY Bill Yeomans ►v Interim Finance EXPLANATION ftlfctor DEPARTMENT Finance x4330 On September 16, 2005, the City of National City issued publications of Request for Proposals to Qualify for Paratransit Vehicle Permits. The applications received were incomplete and the deadline was extended to allow all companies to complete the requirements. A total of five applications were then received. On December 6, 2005, the City Council appointed the Paratransit Issuance Evaluation Committee to review, evaluate and make recommendations regarding the applications. The Paratransit Issuance Evaluation Committee found two companies qualified and determined that all permit and medallion requests from the two qualified companies, West Coast Cab and RJ Cab, should be recommended to the City Council. Environmental Review X N/A Financial Statement $3,000 Permit Application,. $100 Annual Fee Per Vehicle Total: West Coast Cab $5,200 Total: RJ Cab $3,600 Ac o L ; i''t STAFF RECOMMENDATION Grant permits to West Coast Cab for 22 medallions and RJ Cab for 6 medallions. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) 1. Request for Qualifications 2. Total Permits Issued and Recommended A-200 (9/80) REQUEST FOR QUALIFICATIONS DATE: SEPTEMBER 16, 2005 Subject: REQUEST FOR PROPOSALS TO QUALIFY FOR PARATRANSIT VEHICLE PERMITS) The City of National City is accepting submittals from qualified applicants for requests for paratransit vehicle permits and medallions for operation in the City of National City. The requirements for such submittals are set forth herein. I. PROPOSAL REQUIREMENTS A. The City of National City will accept submittals until 5:00 p.m. on Monday, October 10, 2005, in the City Clerk's Office, c/o Finance Department of the City of National City, 1243 National City Boulevard, National City, 91950. All submittals must be in writing with the documentation accompanying the submittal. No submittals will be taken by telephone, fax, or other method, other than by mail or personal delivery to the City Clerk. Proof of actual receipt by the City may be requested but the City is not responsible for lost or stolen submittals sent through mail delivery, without proof of receipt. B. By submitting a proposal, the applicant authorizes the City of National City to perform all investigations necessary to determine suitability and number availability for the issuance of permits and medallions by the City. C. A minimum qualification for the submittal to the City of such proposals require that the submittal applicant is currently, and will continue in the future, to be able to comply with the City of National City Paratransit Ordinance and Implementation Regulations. The applicant must successfully complete a Permit Application at the time of submittal. Actual submittal of a proposal will constitute affirmation that compliance with said regulations will be effectuated by the permit applicant. Upon the City's grant of a permit to a new permit holder, completion of an application in accordance with the above regulations will thereafter be required with payment of the required fees, as set forth in Section 11.70 of the Municipal Code. 1 D. No fees are required by the City at the time of submittal of this request for qualified applicants. However, all City -approved new permits and new medallions will require the applicable fees be paid to the City prior to their actual issuance, according to the fee schedule for Taxicab and Other For -Hire Vehicles and Drivers, including the fee of $3000 per permit and $100 per medallion. The Fee schedule is attached, and is also available in the Finance Department of the City of National City. E. This procedure and its requirements are set forth in accordance with, and are consistent with, the City of National City Municipal Code, Section 11.70 et seq., pertaining to the regulation and operating requirements of paratransit vehicles operating in the City of National City, and the Implementation Regulations for Paratransit Vehicles related thereto. The Applicant must comply with the above regulations and the herein noted eligibility and submittal requirements, among other applicable requirements. H. CITY CONSIDERATIONS A. Applicants will not be discriminated against on the basis of race, creed, national origin, gender, religion, sexual orientation, age, and other such constitutional protections. Preference may be given to applicants who operate their paratransit vehicle headquarters in the City of National City. The City of National City reserves the right to reject any and all submittals at its discretion where the applicant's proposal does not meet the qualifying criteria. B. The Mayor and the City Council of the City of National City will establish an Issuance Evaluation Committee comprised of two Councilmembers and a specified number of staff members to review such submittals and make a recommendation to the City Manager as to granting or denying the request for permit(s). Decisions as to the granting or denial of submittals may take up to 90 days. Submittals of all such proposals shall be to the City Clerks Office, c/o Finance Department at the City of National City. The Issuance Evaluation Committee will also make recommendations to the City Council from time to time concerning the establishment of numerical limits on the number of permits and/or medallions to be authorized. C. The availability of permits and/or medallions to be issued by the City will be based on City Council approval of a maximum number of permits and medallions authorized, based on its discretion as to the needs for service to its citizens. The determination of the number of permits and medallions allowed is subject to the discretion of the City, which holds the discretion to change by decreasing, increasing, or keeping the number of permits and medallions to operate available at any time. The City Manager is not required to issue the maximum amount set by City Council, unless in his or her discretion, it is warranted, based on need and qualifications of the proposals. The current or previous holding of a permit or medallion is not, nor should it be considered, an entitlement or property right of such holder. The rights to the issuance or renewal of permits and medallions are the exclusive right of the City of National City. Permits and medallions are subject to annual reconsideration. 2 III. ELIGIBILITY A. Paratransit operators who are immediately able to operate a legal paratransit vehicle in the City of National City are eligible to apply. They must provide: 1. A centralized fleet ownership of paratransit vehicles through a partnership, corporation, drivers' association, or a limited liability corporation. 2. A 24-hour staffed central dispatch system, demonstrating an operational management system for paratransit vehicles. 3. Usage of a GPS by at least 50% of the fleet. 4. Credit card acceptance from passengers for payment of fares. 5. Minimum driver age requirement of 21 years of age. 5. A 20 hour minimum of driver training requirement by the company. 7. Meet minimal insurance requirements as set forth in the City's Implementation Regulations and Section 11.70 of the Municipal Code. 8. Agreement to comply with the City's Equal Employment Opportunity Plan and incorporation of the Plan into their operation. B. Submittal of all required information is the responsibility of the applicant. Factual accuracy, completion of all required documentation, and timely submittal is required of the submittal applicant for eligibility. IV. REQUIRED INFORMATION FOR SUBMITTAL A. General Applicant Information 1. Name, address, and telephone number of the applicant and person submitting the proposal, if different. 2. Designation, details as to the form of the business, and supporting documentation as to the legal existence of the business entity, including all identification information for the business such as corporate number, Articles of Incorporation, bylaws, and related documents. B. Completion of the City of National City's Permit Application for Taxicab and For -Hire Vehicles. C. Five references of clients or business entities who can attest to the applicant's quality of service provided for paratransit vehicle service. 3 D. A Management Business PIan, to include descriptions of the following, all of which may be utilized to evaluate the decision to grant or deny the proposal request: 1. The provision of a centralized fleet ownership by the entity. 2. The Central Dispatch System, GPS, and communication technology employed by the applicant. 3. Experience, training, and qualifications of applicant and their managers, drivers, and owners. 4. Summary or report ofresponse times for past three years (or a set standard for response times for new companies). 5. Proof of credit card usage for customer fares. 6. Customer Complaint Procedure. 7. Vehicle storage, repair and maintenance monitoring systems for the vehicles for effective functioning. 8. Drivers retention, hiring criteria, training, and minimum required experience. 9. Chart and description of existing personnel positions. 10. Submittal of a plan for ongoing monitoring and evaluation of the applicant's level and quality of service and accountability. 11. Record keeping system. 12. List of all other cities or other entities for which permits are currently held or intended in the year subsequent for paratransit vehicle service. 13. The dates, names, and explanation of all past license or permit revocations of any and all drivers, owners or managers of the applicant's entity. 14. Facilities and headquarters location and description. 15. Safety program details. E. Submittal of a letter from an accredited financial institution stating that the applicant has the resources to fund the Management Business Plan within 90 days of the award of the permit(s). V. Protest Process A. The applicant must demonstrate or establish a clear violation of a specific law, regulation, or standard by the City. B. The protest must contain a statement of the grounds for the protest and all supporting documentation. C. The City may request additional information. D. The Issuance Committee will review the protest, and the applicant has the opportunity to meet with the Issuance Committee prior to a decision by the Issuance Committee in regards to the protest. E. The protest decision will be rendered within 30 days, unless extended due to the need for further investigation or by permission of the parties. City of National City Paratransit Services Total Awarded Medallions: 65 Current Permits Medallions Yellow Cab (authorized): 48 Red Cab (authorized): 11 USA Cab (authorized): 6 Total Current Permits Authorized 65 New Permits Recommended Medallions West Coast Cab: 22 RJ Cab: 6 New Permits Recommended 28 Grand Total: 93 ITEM #35 2/7/06 NATIONAL CITY PROGRESS REPORT December 1, 200$ - January 2006 The mission of the Alpha Project is to empower individuals, families, and communitiesby ` providing work, recovery and support services to people who are motivated to change their o lives and achieve self-sufficiency. Since October, 2004, Alpha Project has been working in National City providing outreach services to the City's growing homeless population. Alpha Project's Take Back the Street Program provides the City of National City outreach and community services one day out of the week with a crew of three persons and one supervisor. Alpha Project's TBS program has assisted with homeless mitigation in National City with referrals, weed abatement, clearing homeless camps, outreach, and tree skirting or removal of trees and debris. Since the inception of the program, Alpha Project has been providing walking patrols in Kimball Park twice a day, once in the morning and in the afternoon. To date, Alpha Project has provided community revitalization/cleanup and outreach at the below sites. 12-09-05 - cleaning of transients camps, weed and tree trimming, hauling debris to dump, • Kimball Park Outreach, • CDC Building • Plaza Bonita, • Harding- 12th and llth • Coolidge - 18th- Wilson • Under Pass on 18th Street, 12-16-05 - cleaning up of transients camps, weed and tree trimming, cutting brush, hauling debris to dump, • Plaza Bonita walkway, • Tear down and very large encampment in river bed, • River Bed adjacent to Plaza Bonita shopping mall 12-22-05 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • National City Library, • 99 Cent Store, • Kimball Park Outreach, • Plaza and Euclid, • Plaza Bonita walkway, 12-30-05 - cleaning up of transients camps, weed and tree trimming, hauling debris to dump, • National City Library, • 99 Cent Store, • Kimball Park Outreach, • Plaza and Euclid, • Las Palmas, This month Alpha Project has been to the aforementioned locations at least four / five times each and some locations more than five times. We have cleaned and removed approximately 5.26 net tons of homeless camps, trash and debris. We have trimmed and skirted 25 trees. Alpha Project has provided outreached to 1 homeless men, women, and teens ranging from 15 to 68 years of age. Alpha Project has housed zero of those homeless people and offered services to all'. About half of the homeless population that Alpha Project encounters in National City is from out of State. On average, contacts have been homeless from one day to 20 years. A portion of those people are on SSI, but refuse to get help. Approximately 75% of those offered services are on drugs and/or alcohol. Many collect cans and panhandle for money to buy food and support there drug or alcohol habit. The homeless of National City have been living underneath bridges, in the river beds, in the City's parks and recreation areas, flood water channels, churches, on -ramps, and in commercial and residential foliage. Alpha Project for the Homeless would like to thank the City of National. City for the opportunity to collaborate with the City to provide meaningful solutions to its homeless dilemma. Of course, we could provide a more thorough outreach and community revitalization if we had more than one day a week to provide said services. Attached, you will find numerous pictures that have been taken within the City demonstrating our work. Thank You, Karen Pucci, Community Projects Manager