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2006 08-22 CC CDC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Agenda of a Regular Meeting Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — August 22, 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 and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. 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 or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretaciOn en espafiol se proporciona durante sesiones de! Consejo Municipal. Los audiofonos ester) 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 OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL PRESENTATIONS COUNCIL AGENDA 8/22/06 Page 2 1. Presentation on Photovoice Project on Alcohol Advertising - Granger Jr. High School — Youth Leadership Team 2. Introduction of new employees — Police Dept. (Police Chief) 3. Patches and Pumper Demonstration (Fire Chief) INTEVIEWS/APPOINTMENTS 4. Interviews and Appointments — Various Boards & Commissions (City Clerk) 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 City Council/Community Development Commission meeting of May 16, 2006. (City Clerk) 6. Resolution of the City Council of the City of National City establishing a Capital Improvement Program Expenditure Account for the National City Boulevard Streetscape and 9th Street Fountain .Plaza Improvements project. (Engineering) 7. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into Memorandum of Understandings with the Sweetwater Union High School District and the National School District for joint funding of the School Resource Officers. (Police) COUNCIL AGENDA 8/22/06 Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the purchase of rescue and extrication equipment and training for the National City Fire Department in collaboration with the Lemon Grove Fire Department from Holmatro and L.N. Curtis in the amount of $79,458 as a 100% reimbursable grant purchase from the California Office of Traffic Safety Grant Program. (Fire) 9. Resolution of the City Council of the City of National City authorizing the purchase and installation of a radio and cellular phone bi-directional amplifier for the National City Emergency Operations Center from Day Wireless Systems in the amount of $26,722.19 as a 100% reimbursable grant purchase from the FY04 and FY05 Homeland Security Grant — Planning Program. (Fire) 10. Resolution of the City Council of the City of National City approving Site License Agreements between TMO CA/NV and Cricket Communications for cellular antenna facilities at El Toyon Park and Sweetwater Heights Park. (City Attomey) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the San Diego Port District on a reimbursable basis not to exceed $20,000 for a free expo and concert to be held at Pepper Park on Port property. (Community Services) 12. Resolution of the City Council of the City of National City authorizing the approval of a Temporary Use Permit Agreement with the San Diego Port District for National City's use of PASHA Parking Lot "J" located on San Diego Unified Port District property for temporary parking in conjunction with a free bayfront expo and concert program at Pepper Park. (Community Services) 13. Resolution authorizing the Mayor to execute an Amendment to the Memorandum of Understanding between the City of National City and the Community Development Commission of the City of National City to provide computer match services for the Section 8 rental assistance program. (CDC — Section 8 Rental Assistance Program) COUNCIL AGENDA 8/22/06 Page 4 CONSENT CALENDAR (Cont.) 14. Resolution of the City Council of the City of National City to support and authorize the submittal of a joint application and first year budget for a regional Enterprise Zone and authorize staff to prepare all required documents to submitaa joint application for a regional Enterprise Zone to the State of California's Housing and Community Development Department. (Community Development Commission) 15. Resolution of the City Council of the City of National City authorizing the acceptance of $314,301.51 in HOME funds for the City's Building & Safety Department for the purpose of rehabilitating low-income housing units, and authorizing the Mayor to execute an Agreement with the Community Development Commission for this purpose. (Community Development Commission) 16. Temporary Use Permit — 14th Annual Fiesta Filipiniana-Mexicana Karaoke Competition hosted by the Seafood City Supermarket on September 16, 2006 from 10 a.m. to 10 p.m. at 1420 Plaza Blvd. with no waiver of fees. (Building & Safety) 17. Temporary Use Permit — Pinery Christmas Trees Pumpkin Station from September 29, 2006 to October 31, 2006 from 10 a.m. to 9 p.m. daily at Plaza Bonita Mall adjacent to Outback Steakhouse with no waiver of fees. (Building & Safety) 18. Temporary Use Permit — Health Net Fun & Fitness Fair hosted by Health Net of California on October 14, 2006 at Kimball Park with no waiver of fees. (Building & Safety) 19. Temporary Use Permit — 21st Annual Chili & Salsa Cook Off hosted by the National City Public Library on October 21, 2006 at 1401 National City Blvd. with no waiver of fees. (Building & Safety) 20. Notice of Decision — Planning Commission Approval of a Conditional Use Permit for a wireless communications facility on the Robinson May building at 3000 Plaza Bonita Road. (Applicant: Cingular Wireless for May Department Stores Co.) (Case File CUP-2005-24) (Planning) COUNCIL AGENDA 8/22/06 Page 5 CONSENT CALENDAR (Cont.) 21. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility at an existing church at 2605 Highland Avenue. (Applicant: Deena Recine for Cricket Wireless) (Case File CUP-2006-11) 22. WARRANT REGISTER # 3 (Finance) Ratification of Demands in the amount of $2,252,710.12 23. WARRANT REGISTER # 4 (Finance) Ratification of Demands in the amount of $439,874.64 24. WARRANT REGISTER # 5 (Finance) Ratification of Demands in the amount of $1,494,162.71. PUBLIC HEARINGS 25. Public Hearing — Conditional Use Permit for the modification of CUP-2004- 11 to allow the sale of distilled spirits at Ben's 1615 Restaurant at 1615 Sweetwater Road. (Applicant: Benjamin O. Camacho) (Case File M1- CUP-2004-11) (Planning) 26. Public Hearing — Application to vacate the southern portion of East 15th Street, east of National City Boulevard and west of Kimball Park and the alley vacation south of East 15th Street, north of East 16th Street, east of National City Boulevard and west of Kimball Park. (Applicant: Willmark Communities, Inc. — Case File No.: SC 2006-3) (Community Development Commission) COUNCIL AGENDA 8/22/06 Page 6 NON CONSENT CALENDAR 27. Resolution to deny the application to vacate the southern portion of East 15th Street, east of National City Boulevard and west of Kimball Park and the alley vacation south of East 15th Street, north of East 16th Street, east of National City Boulevard and west of Kimball Park. (Applicant: Willmark Communities, Inc. — Case File No.: SC 2006-3) (Community Development Commission) NEW BUSINESS 28. Request to initiate a street vacation for the closing of those portions of 6th Street and 7th Street, west from Euclid Avenue for approximately 292 feet. (Applicant: Thomas Leeman, Franklin Croft, Inc.) (Case File No. SC-2006- 4) (Planning) 29. Project Status Update - Conversion of the old library building to an art center in National City. (Engineering) 30. Report to the City Council on a staff proposal to phase the repairs for the Playhouse on Plaza and request for the City Council to designate funds for the project. (City Manager) 31. Discussion of potentially setting a joint meeting date with the National School District to discuss "unification" of National City schools. (Council initiated) 32. Citizen request for consideration of a discount fare program for seniors and disabled who use National City taxis. (City Clerk) 33. National City Transit Monthly Report for August — 2006. (John P. Webster, Sr., Vice President -General Manager, National City Transit) COUNCIL AGENDA 8/22/06 Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 34. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 07/19/06 through 08/03/06 of $3,906,561. (Community Development Commission/Finance) 35. Resolution approving the Section 8 Management Assessment Program (SEMAP) for fiscal year ending June 30, 2006 and authorizing the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. (CDC — Section 8 Rental Assistance Division) 36. Resolution authorizing the Executive Director to execute an amendment to the Memorandum of Understanding between the Community Development Commission of the City of National City and the City of National City to provide computer match services for the Section 8 Rental Assistance Program. (CDC — Section 8 Rental Assistance Division) 37. Resolution of the Community Development Commission authorizing the approval and expenditure of the proposed first -year budget in the amount of $100,000 for a regional Enterprise Zone (EZ). (Community Development Commission) 38. Resolution of the Community Development Commission authorizing the allocation of $314,301.51 in HOME funds to the City's Building & Safety Department for the purpose of rehabilitating low-income housing units and authorizing the Chairman to execute an Agreement with the City for this purpose. (Community Development Commission) 39. Resolution of the Community Development Commission authorizing the Chairman to execute an Agreement with Christensen Schwerdtfeger & Spath LLP (CSS) for as needed legal services. (Community Development Commission) 40. Resolution appropriating funds and authorizing a reimbursement of $109,807 to the Port of San Diego. (Finance) COUNCIL AGENDA 8/22/06 Page 8 PUBLIC HEARINGS 41. Public Hearing — Downtown Specific Plan Consistency Review for project, 'Revolution 1'. Location: 1105, 1121, 1123, & 1125 National City Boulevard. APN: 556-554-18, -19, -20, (Applicant: Constellation Property Group) (Case File No.: DSP-2006-3) (Community Development Commission) 42. Public Hearing — Downtown Specific Plan Consistency Review for development project, 'Park Lofts'. Location: 1509, 1531, 1535 National City Boulevard and 49 East 16th Street. APN: 560-100-05, -06, -07, -08. (Applicant: Willmark Communities, Inc.) (Case File No.: DSP-2006-1) (Community Development Commission) NON CONSENT CALENDAR 43. Resolution of the Community Development Commission of the City of National City, California, approving a Downtown Specific Plan Consistency Review for project, 'Revolution 1'. Location: 1105, 1121, 1123, & 1125 National City Boulevard. (Applicant: Constellation Property Group) (Case File No.: DSP-2006-3) (Community Development Commission) 44. Resolution - Downtown Specific Plan Consistency Review for development project, 'Park Lofts'. Location: 1509, 1531, 1535 National City Boulevard and 49 East 16th Street. APN: 560-100-05, -06, -07, -08. (Applicant: Willmark Communities, Inc.) (Case File No.: DSP-2006-1) (Community Development Commission) NEW BUSINESS 45. A report on the request for use of Community Development Commission property within the National City Mile of Cars as passive recreation space for residents of Keystone Trailer Park. (Community Development Commission) COUNCIL AGENDA 8/22/06 Page 9 NEW BUSINESS (Cont.) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday - September 5, 2006 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM # 1 8-22-06 PRESENTATION ON PHOTOVOICE PROJECT ON ALCOHOL ADVERTISING - GRANGER JR. HIGH SCHOOL, YOUTH LEADERSHIP TEAM - ITEM #2 8/22/06 INTRODUCTION OF NEW POLICE OFFICERS (POLICE CHIEF) ITEM #3 8/22/06 PATCHES AND PUMPER DEMONSTRATION (FIRE CHIEF) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 4 AGENDA ITEM NO. ITEM TITLE INTERVIEWS AND APPOINTMENTS: Various Boards & Commissions PREPARED BY Michael R. Dalla 7 DEPARTMENT EXPLANATION City Clerk Several vacancies exist on various Boards & Commissions. Applications are on file. The number of applicants received as this report is being prepared is small. applications will be submitted by the August 22nd Council Meeting. Any applications that are submitted will be distributed prior to the meeting current vacancies. EXT. It is hoped that additional along with a summary of 1 Environmental Review XX N/A MIS Approval Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Interview and appoint as Council deems appropriate BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below ) None Resolution No. A-200 (Rev. 7/03) ITEM #5 8/22/06 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF MAY 16, 2006. (CITY CLERK) City of National City, California COUNCIL AGENDA STATEMENT +AEETING DATE August 22, 2006 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City establishing a Capital Improvement program expenditure account for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements project PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION See attached explanation. EXT. 4387 / ( Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution establishing the CIP e nditure a •ount. BOARD / COMMISSION RECOMMENDATION N/A ATACHMENTS ( Listed Below) Resolution No. 1:Resolution 2. Completed Capital Improvement Request Form 3. Final Project Allocation List from Caltrans A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING A CAPITAL IMPROVEMENT PROGRAM EXPENDITURE ACCOUNT FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND 9TH STREET FOUNTAIN PLAZA IMPROVEMENTS PROJECT WHEREAS, the City has received a $2,000,000 grant for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project (Project) from the San Diego Association of Government's (SANDAG) through the Pilot Smart Growth Incentive Program; and WHEREAS, the grant funds provide approximately half of the total construction cost. The remaining construction cost will be local funds provided by the Community Development Commission (CDC) in the amount of $2,400,000; and WHEREAS, the design work for the Project will be implemented and compensated for by CDC funds; and WHEREAS, it is necessary to establish a Capital Improvement Project Expenditure Account be established for the grant funds totaling $2,000,000 the City received from SANDAG. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby creates the Capital Improvement Project Expenditure Account for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project in the amount of $2,000,000, with the following source of funds: $2,000,000 — NC Blvd Streetscape/Fountain Plaza Improvement Fund (322-409-500-598-6572) PASSED and ADOPTED this 22nd day of August, 2006. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor RE: Resolution of the City Council of the City of National City establishing a Capital Improvement Project Expenditure Account for the National City Boulevard Streetscape and 9 Street Fountain Plaza Improvements project Explanation In order to provide an adequate financial support for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements project and to perform the recommended improvements the City recently submitted grant applications for the project through the San Diego Association of Government's (SANDAG's) Pilot Smart Growth Incentive program. The City was successful and received the requested grant funds in support of the City's proposed work. The funds provide 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 implemented and compensated for by the Community Development Commission funds. The project will 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. Financial 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 through the local funds for the project is approximately $2,400,000. The total cost for the entire project is estimated at $4,400,000. Staff Recommendation The purpose of the resolution is to establish an expenditure account for the earmarked federal (RIP-TE) funds. Attached is a completed Capital Improvement Request form for this project. Staff's recommendation is to adopt the resolution. I CITY OF NATIONAL CITY CAPITAL IMPROVEMENT REQUEST L Project Title National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements 2. Department ENGINEERING 3. Project Number 6572 4. Project Location National City Boulevard and 9th Street Department Contact Din Daneshfar 6. Phone Number 336-4387 7. Project Description and Justification National City Boulevard Streetscape/Promenade improvements in National City, on National from 12thStreet to 2 Street and on 9th Street between "A" Avenue and National City Boulevard median, sidewalk, street lighting, landscaping, other pedestrian amenities, and fountain plaza The purpose of the project is to enhance the National City Boulevard existing improvements pedestrian friendly neighborhood. City Boulevard -construct improvements. and to provide 8. Project Detail - Amount Site Acquisition Construction Other Total Cost Amount $2,000,000 Design $ $2,000,000 9. Financing Source and Budget Schedule Year 1 FY 06-07 Year 2 FY 07-08 Year 3 FY 08-09 Year FY 09-10 4 FY 100Y-1111 - RIP — TE (321-409-500-598-6572) $2,000,000 $ $ $ $ TOTALS $2,000,000 $ $ $ $ 10. Operating Cost Increase (Decrease) Personal Services Maintenance and Operation Capital Outlay (Not Included Total Operating Cost Increase Year 1 Year 2 Year 3 Year 4 Year 5 above) 11. Requesting Depat tanent (Signature) STEPHEN I�IRKPATRICK H d App a (Title) CITY F.NGINF.FR i 819(/ 0 fountain (Date) Form CM-109 Rev 6/92 k FINAL PROJECT ALLOCATION LIST 2.5 Highway Financial Matters July 20, 2006 Project # Allocation Amount Recipient RTPA/CTC District -County Legislative Districts 5 $2,000,000 City of San Diego SANDAG 11-San Diego Senate: 39,40 Assembly: 76, 78 Project Title Location Project Description Bird Rock Area Traffic Management Plan. In the La Jolla area, on La Jolla Boulevard between Colma Street and Camino de la Costa. Provide traffic calming measures, including round-abouts, and landscaping and beautification efforts. Allocation from TE Reserve PPNO 7421 EA PPNO Program/Year PA&ED PS&E RAN CONST 212744 11-7421 F RIP TE / 06-07 $0 $0 $0 $2,000,000 Allocation Amount Budget Year State Item # Federal Program Codes . Total Amount 2006-07 601-3008 101-0890 20.30.600.731 $229,400 $1,770,600 $2,000,000 6 $2,000,000 National City SANDAG 11-San Diego Senate: 40 Assembly: 79 National City Boulevard Streetscape Promenade. In National City, on National City Boulevard from 7"' Street to Division Street and 12th Street to 7"' Street; and on 9th Street between A Street and National City Boulevard. Construct median, sidewalk. street lighting, landscaping, and other pedestrian amenities. (Allocation from TE Reserve PPNO 7421.) 212734 11-7421G RIPTE/06-07 $0 $0 $0 $2,000,000 2006-07 601-3008 101-0890 20.30.600.731 $229,400 $1,770,600 $2,000,000 Project # Allocation Amount Recipient RTPA/CTC Project Title Location Project Description Project Funding EA PPNO Program/Year PA&ED PS&E RNV CONST Budget Year Item # Program Codes Allocation Amount State Federal Total Amount District -County Le islative Districts 1 $98.000 Planning, Programming and Monitoring. 456374 Tehama County 02-2063 2006-07 Transportation RIP / 06-07 601-3008 $98,000 Commission $0 20.30.600.670 Tehama LTC $0 $98,000 02-Tehama $0 Senate: 4 $98,000 Assembly: 2 2 $15,000 Planning, Programming and Monitoring. 456384 Trinity County 02-2066 2006-07 Transportation RIP / 06-07 601-3008 $15,000 Commission $0 20.30.600.670 Trinity LTC $0 $15,000 02-Trinity $0 Senate: 4 $15,000 Assembly: 1 3 $63,000 Planning. Programming and Monitoring. 0L1404 Butte County 03-0L16 2006-07 Association of RIP / 06-07 601-3008 $63,000 Governments $0 20,30.600.670 BCAG $0 $63,000 03-Butte $0 Senate: 1 $63,000 Assembly: 3 4 $83,000 Planning, Programming and Monitoring. 0L1434 Colusa County 03-0L20 2006-07 Transportation RIP / 06-07 601-3008 $83,000 Commission $0 20.30.600.670 Colusa LTC $0 $83,000 03-Colusa $0 Senate: 4 $83,000 Assembly: 2 Office of CTC Liaison Page 8 of 21 A*" http:llwww.dot.ca.qov/hq/transproglctcliaison.htm Prepared: July 21, 2006 Note: This document was prepared following the California Transportation Commission (CTC) meeting and is a reflection of the Department's interpretation of actions taken by the CTC. The Final Revised Agenda and Vote List will be available on the second Friday following the CTC meeting. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 iITEM TITLE Resolution to authorize the Chief of Police to enter into Memorandtmm of Understandings with the Sweetwater Union High School District and the National School District for joint funding of the School R PREPARED BY DEPARTMENT Adolfo Gonzales, Chief of Police; Jose Tellez, Lieutenant AGENDA ITEM NO. 7 EXPLANATION The National City Police Department currently assigns a police officer to teach the DARE Program to all fourth grade students and a Life Skills Program to all fifth grade students in the National School District. This same officer, on a part time basis, along with three additional police officers assigned on a fulitime basis as School Resource Officers, provide campus security and general law enforcement services to the three Sweetwater Union High School District secondary schools located in National City. The salaries for the police officers as well as educational materials and supplies for the DARE Program are currently funded by a joint funding agreement between the National School District and the City of National City. The City of National City also has a funding agreement with the Sweetwater Union High School District. The agreements were originally approved on August 16, 1994 in Council Resolution 94-119 and they have been subsequently renewed during the following fiscal years: 95/96 through 05/06. The National School District and Sweetwater Union High School District have both indicated an interest in continuing the program. Environmental Review 1 N/A Financial Statement If this resolution is approved the City of National City will be reimbursed the described funds in the amount of $ 213,113 from the National School District and the Sweetwater Union High School District. Account No. STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. National School District MOU— two original sets Sweetwater Union High School District MOU-two original sets Council Agenda Statement Page 2 Resolution- School Resource Officer Program The Board of the National School District and the Board of the Sweetwater Union High School District have each approved their respective proposed MOU with the City of National City for Fiscal Year 2006/2007. Under the proposed MOU with the National School District, the School Resource Officer will be assigned approximately two thirds of his time, or 27 hours per week, to school campuses of the National School District. While on National School District campuses, the officer's primary duty will be the instruction of D.A.R.E. and a Life Skills curriculum. As time permits his duties may also include campus security and enforcement duties. Under the proposed MOU with the Sweetwater Union High School District, the same officer School Resource Officer would be assigned to spend approximately one third, or 13 hours per week, of his time on Sweetwater Union High School District campuses assigned primarily to campus security and general law enforcement duties. The costs of funding the School Resource Officer under the proposed agreements will be paid as follows. School Resource Officer (D.A.R.E. / Life Skills) Funding (1 Officer) Percent Amount National City Police Department 50% $ 52,653 National School District 33.3% $ 35,067 Sweetwater Union H.S. District 16.7% $ 17,586 TOTAL COST 100 % $ 105,307 Additionally, $ 5,000 in material and supply costs would be divided in half with the National School District and National City Police Department each paying 50% or $ 2,500 of the material and supply costs for the D.A.R.E. program. Under the proposed MOU with Sweetwater Union High School District for Fiscal Year 2006/2007, $ 17,586 will be paid by the District to the City of National City for the part time services of the D.A.R.E./Life Skills/ School Resource Officer. Additionally, $ 157,960 will be paid, by the Sweetwater Union High School District for 1 I/ of three officers assigned fulltime to School Resource Officer duties on their campuses. The Sweetwater School District will pay a total of $ 175,546. Council Agenda Statement Page 3 Resolution- School Resource Officer Program School Resource Officers (3) Full Time Positions: Percent/Positions Amount National City Police Department 50 % (1'/z officers) $ 157,960 Sweetwater Union H.S. District 50 % (1 4 officers) $ 157,960 TOTAL COST 100 % (3 officers) $ 315,920 The Sweetwater Union High School District is essentially paying the cost of one full time officer, one-half of a second full time officer, and one -sixth of the part time D.A.R.E. / Life Skills officer. The National City Police Department will pay the cost of one full time officer, one-half of the second officer, and fifty percent of the part time D.A.R.E. / Life Skills officer. The proposed MOU with the Sweetwater Union High School District would be retroactive to July 1, 2006. The proposed MOU with the National School District would be retroactive to July 1, 2006. Approval of the resolution would enable the Chief of Police to enter / sign the Memorandum of Understanding with the National School District and the Sweetwater Union High School District in order to continue the existing programs. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE CHIEF TO EXECUTE MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE D.A.R.E./SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses and reducing the involvement of youths in gangs in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District and the Sweetwater Union High School District to maintain police on campuses with the D.A.R.E./School Resource Officers program; and WHEREAS, the costs of such programs include salary, benefits, materials and supplies; and WHEREAS, the National School District and the Sweetwater Union High School District wish to contribute their share toward the cost of said programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Chief of Police is hereby authorized to execute Memorandums of Understanding between the City of National City and the National School District and the Sweetwater Union High School District, respectively, for the D.A.R.E./School Resource Officers program. Said Memorandums of Understanding are on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN LIIE+ NATIONAL SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses and reducing the involvement of youth in gangs and drug abuse in National City are priorities to both the National School District and the National City Police Department. The influences that cause youth to become involved with street gangs and substance abuse begin to act on children during the pre -teen years. Children are not instinctively able to combat these forces and must be taught the negative effects of drug abuse and involvement with street gangs. Likewise children must alto be, techniques to resist peer pressure to join gangs and use drugs. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. Recognizing these factors, the National School District and the National City Police Department agree to work together to provide an educational program designed to deter children from substance abuse and becoming involved with street gangs; and to provide the presence of a police officer on campus to help maintain a secure environment. To this end the following are specific agreements between the National School District and National City Police Department. Role of the National School District: The National School District agrees to: 1. Provide allotted time for drug education instruction in the 4th grade classes in the District. 2. Provide allotted time for social skills / conflict resolution instruction in the 5th grade classes in the District. 3. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. Memorandum of Understanding National School District Page 2 4. Require classroom teachers to provide social skills / conflict resolution instruction and to require the School Resource Officer to provide drug education instruction. 5. Schedule orientation time for classroom teachers. 6. Schedule parent meetings as needed. 7. Designate a District staff person to regularly meet with the law enforcement agency to evaluate social skills / conflict resolution instruction, drug education instruction program and campus security needs. S. Provide space for posting social skills / conflict resolution instruction and drug education materials within classrooms and school grounds. 9. Provide adequate space for the School Resource Officer to carry out non -classroom duties. 10. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 11. Permit the School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 12. Commit audiovisual equipment for social skills / conflict resolution instruction, drug education and other law enforcement related educational presentations. 13. Maintain a social skills / conflict resolution instruction and drug education question box in a prominent place in the classroom. 14. Permit the School Resource Officer to assign reasonable homework during the course of social skills / conflict resolution instruction and drug education instruction. 15. Reinforce the social skills / conflict resolution instruction curriculum throughout the week by such activities as incorporating learned material into weekly school work and assigning related topics for themes. 16. Reinforce the drug education curriculum throughout the week by such activities as incorporating learned material into weekly school work and assigning related topics for themes. 17. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. Memorandum of Understanding National School District Page 3 18. Develop procedures to handle campus safety issues. 19. To establish and follow procedures for referring police involvement. 20. Abstain from calling upon the School Resource Officer for enforcement duties while he/she is involved in classroom instruction except in emergencies. 21. The National School District will remit $ 35,067, payable to the National City Police Department Personnel Services Account, to offset costs of the School Resource Officer. One half of this amount, or $ 17,533, will be paid by January 1, 2007, the remaining one half; or $ 17,533, will be paid by May 1, 2007. By May 1, 2007, the National School District will also place $2,500, into the Juvenile Drug/Gang Education Fund held by the Treasurer of the City of National City to be used for supplies used in the drug education program. The City of National City will match the school district's contribution of $ 2,500, or 50% of the Juvenile Drug / Gang Education Fund. 22. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a.community partnership in support of the drug education instruction and other police programs. Role of the National City Police Department: The National City Police Department agrees to: 1. Assign a uniformed police officer as the School Resource Officer. 2. Assign the School Resource Officer to spend 27 hours of the 40 hour work week on or about school campuses of the National School District engaged in the following duties. • Instruction of anti -gang social skills / conflict resolution curriculum to all fifth grade students. • Instruction of anti -substance abuse drug education curriculum to all fourth grade students. • Anti -drug and anti -gang parent education. • Training for teachers and other school staff on law enforcement and campus security issues. • Serving as a member of the National School District Student Attendance Review Board (S.AR.B.). Memorandum of Understanding Page 4 National School District • General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion Loss and / or damage to property Weapons on campus Alcohol and drugs on campus Truancy 3. Ensure that a School Resource Officer will be available to instruct at scheduled presentation times. 4. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to his/her tasks. 5. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs. 6. Schedule the School Resource Officer at one of the campuses each weekday. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 7. Abstain from having the School Resource Officer perform enforcement duties during time scheduled for classroom instruction, except in cases of emergency. 8. Provide a weekly log if requested accounting for the time and activities of the School Resource Officer to a designated staff member of the National School District. 9. Pay salary and benefits for the police officer assigned as the School Resource Officer. 10. Coordinate with the school district, other public and private agencies, community and civic groups to develop a community partnership in support of the social skills / conflict resolution instruction and drug education programs. National School District Memorandum of Understanding Page 5 This Memorandum of Understanding shall be effective July 1, 2006, and shall remain in effect until June 30, 2007. This Memorandum of Understanding shall Supersede all previous Memorandums of Understanding between the National School District and the City ofNational City. The National School District agrees to indemnify, defend, and hold harmless the City of National City and its officers, agents, employees, volunteers and assigns, now and forever, from any claim, liability, damage, injury, civil suit, or loss, including attorney fees, expert expenses and other costs, which may arise related to their actions in the performance of the school district's duties under this agreement, and related to the actions of National City in the performance of their duties under this agreement unless the City's actions involve willful or intentional acts of misconduct. The National School District agrees to keep strictly confidential any information obtained related to the National City Police Department activities not related to this program. Adolfo Gonzales Chief of Police National City Police Department Date George J. Cameron, Ed. D. District Superintendent National School District Date National City Police Department Field Operations Division Community Services Unit School Resource Officer Program Fiscal Year July 1, 2006 to June 30, 2007 Salary Increase Effective Date January 4, 2005 Salary E-Step Police Officer $70,761 Benefits E-Step Police Officer $34,546 Total $105,307 Based on the above salary/benefits figures, the MOU will reflect the increase that will occur during the contract. The total amount of funds due for the upcoming agreement from the Sweetwater Union High School District to be paid to the City of National City will be as follows: • Salary/Benefits one officer (100%) • Salary/Benefits one officer (50%) • Salary/Benefits one officer (16.7%) $ 105,307 $ 52,653 $ 17,586 TOTAL DUE: $ 175,546 The total amount of funds due for the upcoming agreement from the National School District to be paid to the City of National City will be as follows: • Salary/Benefits (one officer @ 33.3%) • DARE Supplies $ 35,067 $ 2,500 TOTAL DUE: $ 37,567 Prepared by: Jose Tellez, Lieutenant / Field Operations Division MEMORANDUM OF UNDERSTANDING BETWEEN SWEETWATER UNION HIGH SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security is enhanced by the presence of police officers. Police officers on campus also help improve relations between the Police Department and youth in the community. Therefore, the Sweetwater Union High School District and the National City Police Department agree to undertake the following responsibilities to achieve these mutual objectives. A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY 1. To ensure student welfare portal to portal. 2. To develop procedures to handle campus safety issues. 3. To establish and follow procedures for referring police involvement. 4. To cooperate with and support the National City Police Department to ensure the success of programs involving students, school personnel, parents and community. B. LAW ENFORCEMENT'S ROLE AND RESPONSIBILITY 1. To provide prevention/intervention by: . Developing classroom and faculty presentations related to youth and the law; . Attending parent conferences / meetings; . Attending S.A.R.B. and S.A.T. meetings; and . Scheduling security activities as needed. 2. To continue to work with: . Community agencies; and . South Bay Police Agencies. Memorandum of Understanding Page 2 Sweetwater Union High School District 3. To continue training National City Police Department staff assigned to the school sites. 4. To work with school staff in matters of mutual concern such as: . Alcohol and drug use on campus . Safety of students and staff on campus . Gang related violence and crime . Campus intrusion . Loss and / or damage to property C. TIME FRAME This Memorandum of Understanding shall remain in effect for the 2006 / 2007 fiscal year, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Understanding. D. LOCATION Prevention / education / training activities will take place at Sweetwater High School, National City Middle School, Granger Junior High School and at public meeting places within the respective communities. E. RESOURCE Resources and local management will be coordinated at: Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, California, 91911 (619) 585-6265 Memorandum of Understanding Page 3 Sweetwater Union High School District National City Police Department 1200 National City Blvd National City, California 91950 (619) 336-4423 F. ASSIGNMENT OF FULL TIME OFFICERS -COST The National City Police Department will assign three officers on a full time basis to perform the duties listed under provision B. of this MOU at the Sweetwater Union High School District's campuses in National City. One officer will be funded by the Police Department and a second officer will be funded with campus security funds provided by the Sweetwater Union High School District, the third officer will be funded jointly by the Police Department and the Sweetwater Union High School District with each providing 50% of the funds. The funding will be at the following levels (refer to attachment): Salary $ 70,761 Fringe Benefits $ 34,546 TOTAL $ 105,307 G. ASSIGNMENT OF PART TIME OFFICER -COST The National City Police Department will assign an additional officer (fourth overall) on a part time basis to perform the same duties as the full time officers assigned to the Sweetwater Union High School District's campuses in National City. The part time officer will work in this assignment during one third of his work hours or approximately 13 hours per week. The Sweetwater Union High School District will pay the City of National City, the amount of $ 17,586 one -sixth (16.7%) the cost of the officer for FY 06/07. The National City Police Department will provide the Sweetwater Union High School District with a weekly log which accounts for the time of the part time officer. This memorandum of understanding, Provisions A. through F. will be effective from July 1, 2006 to June 30, 2007. Provision G of this memorandum of understanding will be contingent upon the National School District and the City of National City signing a joint funding memorandum of understanding to pay the balance of costs of the officer assigned part time to the Sweetwater Union High School District that are not paid for by the Sweetwater Union High School District. Memorandum of Understanding Page 4 Sweetwater Union High School District Provision G. will become effective upon signature of the joint funding memorandum of understanding between the National School District and City of National City, but no earlier than July 1, 2006 and will remain in effect until June 30, 2007. The total amount of funds due per this agreement from the Sweetwater Union High School District to be paid to the Finance Director ofNational City will be the amount of $ 175,546. - SalaryBenefits one officer (100%) $ 105,307 - Salary/Benefits one officer (50%) $ 52,653 - Salary/Benefits one officer (16.7%) $ 17,586 Total funds due: $ 175,546 One half of this amount, or $ 87,773, will be paid no later than January 1, 2007. The remaining half, or $ 87,773, will be paid no later than May 1, 2007. This memorandum of understanding shall supersede all previous memorandums of understanding between the Sweetwater Union High School District and the City of National City. The Sweetwater Union High School District agrees to indemnify, defend, and hold harmless the City of National City and its officers, agents, employees, volunteers and assigns, now and forever, from any claim, liability, damage, injury, civil suit, or loss, including attorney fees, expert expenses and other costs, which may arise related to their actions in the performance of the school district's duties under this agreement, and related to the actions of National City in the performance of their duties under this agreement unless the City's actions involve willful or intentional acts of misconduct. The Sweetwater Union High School District agrees to keep strictly confidential any information obtained related to the National City Police Department activities not related to this program. SWEETWATER UNION CITY OF NATIONAL CITY HIGH SCHOOL DISTRICT By: Date: JUN 2 6 By:�.- Date: C')' �� National City Police Department Field Operations Division Community Services Unit School Resource Officer Program Fiscal Year July 1, 2006 to June 30, 2007 Salary Increase Effective Date Salary E-Step Police Officer Benefits E-Step Police Officer Total January 4, 2005 $70,761 $34,546 $105,307 Based on the above salary/benefits figures, the MOT] will reflect the increase that will occur during the contract. The total amount of funds due for the upcoming agreement from the Sweetwater Union High School District to be paid to the City of National City will be as follows: • Salary/Benefits one officer (100%) • Salary/Benefits one officer (50%) • Salary/Benefits one officer (16.7%) $ 105,307 $ 52,653 $ 17,586 TOTAL DUE: $ 175,546 The total amount of funds due for the upcoming agreement from the National -School -District to be paid to the City of hfiational-City will be as follows: • Salary/Benefits (one officer @ 33.3%) $ 35,067 • DARE Supplies $ 2,500 TOTAL DUE: $ 37,567 Prepared by: Jose Tellez, Lieutenant / Field Operations Division City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 08/22/06 8 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Purchase of Rescue and Extrication Equipment and Training for the National City Fire Department in Collaboration with the Lemon Grove Fire Department from Holmatro and L.N. Curtis in the Amount of $79,458 as a 100% Reimbursable Grant Purchase from the California Office of Traffic Safety Grant Program PREPARED BY Walter Amedee, DEPARTMENT Fire Homeland Security Manager, 336-4556 EXPLANATION The California Office of Traffic Safety (OTS) has announced the City of National City Fire Department and the City of Lemon Grove Fire Department will be awarded $79,458 or 100% in new funding for the purchase of Holmatro Rescue Equipment and LN Curtis Lifting Air Bags. The City is required to allocate funds to purchase the equipment on behalf of both parties for $59,424 for NCFD and $17,727 for LGFD. In addition, $2,307 was awarded for training ($750 for NCFD and $1,557 for LGFD). The equipment will need to be purchased after October 1, 2006. Requests for reimbursement will need to occur prior to September 30, 2007. With the rescue and extrication equipment, the NCFD and LGFD will be able to deliver personnel and state-of-the-art rescue equipment to reduce the loss of life at all vehicle collisions. The California OTS Grant Program was a competitive grant that required agencies to complete an application and narrative justifying the use of funds. The California OTS Grant Program is a reimbursable grant that requires jurisdictions to order/receive equipment prior to being reimbursed for expenditures. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220 of the Municipal Code. Special circumstances exist, and it is in the City's best interest to take advantage of this grant opportunity. Environmental Review X N/A Financial Statement 4t7 Financial Statement: No negative impact; California Office of Traffic Safety Grant Program is `a reimbursable grant that requires jurisdictions to order/receive equipment prior to being reimbursed for expenditures. Account No. STAFF RECOMMENDATION Staff recommends the acceptance of the California Office of Traffic Safety grant and the purchase of rescue and extrication equipment and training utilizing $79,458 in City funds. Direct Staff to submit reimbursement forms to the California Office of Traffic Safety Grant Program. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. OTS Grant Acceptance & Agreement Documents. 2. Resolution. Resolution No. A-200 0801 j RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF RESCUE AND EXTRICATION EQUIPMENT AND TRAINING FOR THE NATIONAL CITY FIRE DEPARTMENT IN COLLABORATION WITH THE LEMON GROVE FIRE DEPARTMENT FROM HOLMATRO AND L.N. CURTIS IN THE AMOUNT OF $79,458 AS A 100% REIMBURSABLE GRANT PURCHASE FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT PROGRAM WHEREAS, the California Office of Traffic Safety (OTS) has announced that the City of National City Fire Department (NCFD) and the City of Lemon Grove Fire Department (LGFD) will be awarded $79,458 In grant funds, or 100% in new funding, for the purchase of rescue and extrication equipment from Holmatro Rescue Equipment and L.N. Curtis Lifting Air Bags; and WHEREAS, with the rescue and extrication equipment, the NCFD and LGFD will be able to deliver personnel and state -of -art rescue equipment to reduce the loss of life at all vehicle collisions; and WHEREAS, the City is required to allocate funds for the purchase of the equipment on behalf of both parities in the amount of $59,424 for NCFD, and $17,727 for LGFD. In addition, NCFD was awarded $750 for training, and LGFD was awarded training funds in the amount of $1,557; and WHEREAS, time is of the essence to ensure that the equipment is purchased prior to the grant deadlines of September 30, 2007, the grant funds must be used to order and/or receive equipment and invoices prior to that deadline, to enable staff to claim reimbursement out of the grant funding in a timely manner; and WHEREAS, Section 2.60.220(D) of the National City Municipal Code authorizes dispensing with the bidding procedure when the City Council determines that it is in the City's best interest to do so, and research indicates that special circumstances exist to support this purchase, and it is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the utilization of $79,458 of City funds to purchase rescue and extrication equipment for the National City Fire Department and Lemon Grove Fire Department in the amount of $79,458 from Holmatro Rescue Equipment and L.N. Curtis Lifting Air Bags, and directs staff to request reimbursement for such expenditures from the California Office of Traffic Safety Grant Program. PASSED and ADOPTED this 22nd day of August, 2006. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney AinH'rl"� State of California �'i At 0,- ! PROJECT NUMBER OFFICE OF TRAFFIC SAFETY ry''`` rrEM0713 GRANT AGREEMENT PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE REGIONALIZED EMS VEHICLE RESCUE AND EXTRICATION EQUIPMENT 2. NAME OF APPLICANT AGENCY CITY OF NATIONAL CITY 4. PROJECT PERIOD Month — Day - Year 3. AGENCY UNIT TO HANDLE PROJECT NATIONAL CITY FIRE DEPARTMENT From: 10/01/06 To: 9/30/07 5. PROJECT DESCRIPTION (Provide an overview of the project activities that will address the problem statement, in approximately 100 words. Space is limited to six lines.) The National City Fire Department in collaboration with the Lemon Grove Fire Department will purchase rescue and extrication equipment. National City is located immediately south of San Diego and 10 miles north of the Mexico border. Three high traffic freeways intersect National City: I-5, S-54, and I-805, which handle a lot of day/nighttime traffic. The City of Lemon Grove has two major highways running through their city boundaries, SR 125 and Hwy 94. Many DUI collisions occur going to/from Mexico. Partygoers travel to Mexico and then drive back to San Diego. Since National City is only 10 miles from Tijuana, many DUI collisions occur on our freeways. The program will deliver personnel and EMS rescue equipment to reduce the loss of life at all vehicle collisions. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 79,458.00 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Walter Amedee PHONE:(619) 336-4556 TITLE: Homeland Security Mgr Fax: (619) 336-4562 ADDREss: 140 E. 12th Street, Suite A National City, CA 91950 E-MAIL: Wamedee@ci.national-city.ca.us NAME: Lin Wurbs PHONE:(619) 336-4249 TITLE: Assistant City Manager FAX: (619) 336-4327 ADDRESS: 1243 National City Boulevard National City, CA 91950 E-MAIL: lwurbs@ci.national-city.ca.us (Signature) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: Tess Limfuenco PHONE: (619) 336-4333 TITLE: Sr. Accountant FAX: (619) 336-4349 ADDRESS: 1243 National City Boulevard National City, CA 91950 TAIL: tlimfuenco@ci.national-city.ca.us NAME: Finance Department ADDRESS: 1243 National City Boulevard National City, CA 91950 (Signature) (Date) OTS-3R (Rev. S/OS) SCHEDULE A PROJECT No: EM0713 PROJECT DESCRIPTION PAGE 1 PROBLEM STATEMENT National City Fire Department The National City Fire Department (NCFD) is seeking assistance to purchase rescue equipment totaling $59,423. The program will deliver personnel and rescue equipment to reduce the loss of life at all vehicle collisions. With the new rescue equipment, we feel we can make a. big impact on citizens of all ages traveling throughout South San Diego County. We will also improve the rescue delivery system in National City and neighboring jurisdictions. National City is a coastal city located immediately south of San Diego and ten miles north of the United States/Mexico border. The city covers 8.5 square miles and has approximately 63,000 residents. Three high traffic freeways intersect National City: San Diego Freeway (I-5), South Bay Parkway (S-54), and the Jacob Dekema Freeway (I-805). As a result of its proximity to these major freeways, there is a substantial amount of day and nighttime traffic that passes through National City. Our problem is that a large underage population mixes drinking and driving by going to Tijuana, Mexico, where the legal drinking age is 18. Young men and women partygoers regularly travel to Tijuana for a night out and then attempt to drive back to their homes in San Diego County. Since National City is only 10 miles from Tijuana, many vehicle collisions due to driving under the influence of alcohol occur on our freeways. These drivers contribute to the following National City rankings in comparison to 97 other cities with a similar population of between 50,001 and 100,000: TYPE OF COLLISION VICTIMS KILLED & INJURED RANKING BY POPULATION Total Fatal and Injury 452 22nd of 97 Alcohol Involved 48 15th of 97 Hit and Run 44 3rd of 97 Hit By Drunk Driver < 21 3 35th of 97 Hit By Drunk Driver 21-34 13 24th of 97 Pedestrians 36 5th of 97 Pedestrians 65+ 6 4th of 97 Pedestrians < 15 9 8th of 97 Nighttime (9:OOpm - 2:59am) 33 19th of 97 DUI Arrests 125 25th of 95 Collision Data 2004 (Source: California Office of Traffic Safety Rankings) In addition to these troubling rankings, the upward trend of injury vehicle collisions occurring in National City is definitely a concern. There has been close to a 65% increase in injuries from 2001 to 2003. 2001 2002 2003 City Fatal Injury Fatal Injury Fatal Injury National City 7 364 6 426 6 598 Collision Data 2001-2003 (Source: California Highway Patrol Statewide Integrated Traffic Records System) I OTS-38b (Rev. 5/05) SCHEDULE A PROJECT No: EM0713 PROJECT DESCRIPTION PAGE 2 Although the National City Police Department continues to take an aggressive posture to prevent and deter drinking and driving (particularly through the widespread use of sobriety checkpoints and saturation patrols) in National City, it has no control over enforcement on our freeways. This responsibility falls on the California Highway Patrol. As a result of not being able to prevent/deter drinking and driving on our freeways and to ensure that when a vehicle collision does happen, the NCFD wishes to provide up-to-date life-saving rescue equipment to all of these collisions. Currently, our newest fire engine is operating without a functioning rescue tool. Lemon Grove Fire Department The Lemon Grove Fire Department is requesting funding to purchase badly needed extrication and rescue equipment. This includes a new self contained Holmatro Combination Rescue Tool (Jaws of Life) and a set of high capacity air lifting bags. This equipment is necessary when responding to vehicle collisions where high speeds are involved. When vehicles are involved in high-speed crashes where the occupants are trapped, it is imperative that they are extricated from the entrapment as soon a possible in order to begin medical treatment and transportation to a trauma facility. The rescue equipment wilt provide our firefighters with the proper tools to perform the rescues described above. The Lemon Grove Fire Department is an all risk Fire Department providing Fire and Life Safety Services to the 25,000 residents of our city. We are a small agency with 1 fire station, staffing 2 engines around the clock. We swer over 3000 calls for service each year. Over 200 of those calls for service are for vehicle collisions. The City has 2 major highways running through our boundaries (SR 125 & HWY 94) which account for 227,000 (according to CALTRANS) vehicle trips through our city boundaries each and every day. We are responsible for providing Fire and EMS response to both of these major arteries throughout San Diego County. While we recognize that these purchases are important, it has been fiscally impossible for funds to be devoted to this cause. The Fire Department has identified the need to purchase this rescue equipment for numerous years but we have been unable to provide the much -needed funds to provide them. The Fire Department is funded exclusively from the City's General Fund. General Fund revenues continue to decrease due to California's Proposition 13 (limiting property tax revenues); the State's shifting of tax revenues and DMV license fees from cities to the State budget. The State of California is suffering the worst financial deficit in history and continues to shift funds from local cities. This practice has cost The City of Lemon Grove almost 900,000 dollars in fiscal year 05-06, out of a budget of approximately 11.5 million dollars. The City is expending all of its General Fund revenues each year to maintain current levels of service with zero dollars going into an ever -important reserve, while at the same time seeing an increase in the demand for services. This leaves an increasing shortfall, which equates to a lack of available funding for several high priority projects, including the proposed extrication and rescue equipment. In addition to the current level of services the city provides, the need to satisfy new occupational safety and health requirements and mandates absorb any available surplus funding, making the acquisition of this equipment through city funds impossible. Although there is a clear need for these improvements, mandates obviously take the highest priority in ,increasingly tight fiscal constraints. OTS-38b (Rev. 5/05) SCHEDULE A PROJECT No: EM0713 PROJECT DESCRIPTION PAGE 3 PERFORMANCE MEASURES PROJECT GOALS 1. To provide appropriate rescue tools and extrication equipment to 100% of all persons requiring extrication or rescue from entrapment in our service area within normal response times. 2. To quickly deliver life-saving personnel and rescue equipment to reduce the loss of life by providing NCFD and Lemon Grove fire engines with rescue equipment by September 2007. 3. To improve first responder services to vehicle collision victims on freeways intersecting National City and Lemon Grove by obtaining up-to-date rescue and extrication equipment by September 2007. PROJECT OBJECTIVES 1. To purchase and place rescue equipment in all NCFD and Lemon Grove Fire Department apparatus by December 2006. 2. To train all firefighters in the use of the rescue equipment by September 2007. 3. To improve the survival rate of vehicle collision victims by faster delivery of rescue equipment by September 2007. 4. To ensure that all vehicle collisions receive responses by trained rescue personnel by September 2007. 5. To prepare a display with appropriate signage (funding provided by OTS grant) and possibly demonstrate the rescue equipment during Public Safety Fairs, community festivals and/or other Department or community events. 6. In the event grant funded equipment is used to save a life, OTS will be notified of the facts involving the incident. MEDIA OBJECTIVES a. To issue a press release announcing the kick-off of the grant by January 2007. The press releases and media advisories, alerts, and materials must be forwarded to your OTS Regional Coordinator and the OTS Public Information Officer at pio@ots.ca.gov for approval 5 days prior to the issuance date of the release. b. To submit resulting press stories to both the OTS Public Information officer by email at pio(cr�ots.ca.gov, and the OTS Regional Coordinator, or fax printed clips to (916) 262-2960. Include publication name and date the article was published on all clips. OTS-38b (Rev. 5/05) SCHEDULE A PROJECT No: EM0713 PROJECT DESCRIPTION PAGE 4 c. To use the following standard language in all press, media, and printed materials: "Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration." d. To e-mail the OTS Public Information Officer at piona,ots.ca.gov and OTS Regional Coordinator at least one month in advance, a short description of any new traffic safety event or program. METHOD OF PROCEDURE Phase 1 - Program Preparation - (October 1, 2006-December 31, 2006) Auto extrication rescues are among the most common type of rescue performed across the country. Almost every jurisdiction, including National City and Lemon Grove, deals with vehicle collisions caused by drunk drivers. National City's drunk driving issue is intensified by the substantial amount of drunk drivers returning from Mexico. Bringing a vehicle collision to a successful and safe conclusion entails using state-of-the-art equipment and a trained rescue team as part of an operational plan that encompasses all the appropriate and necessary steps, procedures, and actions. Rescue personnel must use proper rescue equipment during these types of operations. They must be specially trained to handle these emergencies, and they must maintain tools and equipment so that they are ready whenever needed. • 1ur Rescue Program consists of the purchase of rescue equipment made up of cutters, spreaders, and rams, as ell as a Jaws of Life rescue tool and lifting bags for the City of Lemon Grove Fire Department, all to be used in responses to auto extrications. In addition to auto extrications, the rescue equipment can also be used to perform rapid intervention, confined -space rescues, and forcible entry. Our program will increase firefighter capabilities in various rescue situations by providing a rapid response with an extremely powerful, quiet, and versatile spreader/cutter rescue tool. The purchase of this equipment will take place from October 1-November 30, 2006. With funding from the OTS grant, the NCFD will train all firefighters in auto extrication rescue techniques by purchasing and utilizing the rescue equipment. With up-to-date rescue equipment and training, the NCFD can effectively provide life-saving services to vehicle collision victims, while at the same time reduce their risk to injuries. Up-to-date rescue equipment is essential for the deployment of effective NCFD rescue teams and the successful rescue of vehicle collision victims. The training of all firefighters will take place from December 1- December 31, 2006. Phase 2 — Program Operations — (October 1, 2006-September 2007) The National City and Lemon Grove Fire Departments will implement the program as outlined in the project objectives section. Phase 3 — Data Gathering & Reporting — (Throughout Project Period) Agencies are required to collect and report quarterly, appropriate data that support each of the goals and jectives progress. OTS-38b (Rev. 5/05) SCHEDULE A PROJECT No: EM0713 PROJECT DESCRIPTION PAGE 5 Statistical data relating to the project goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year to date comparisons of goals and objectives. If required the Quarterly Evaluation Data Form, Schedule C, will be completed each quarter and submitted as part of the QPR. These reports will compare actual project accomplishments with the planned accomplishments. They will include information concerning changes made by the project Director in planning and guiding the project efforts. Reports shall be completed in accordance with OTS requirements specified in the Grant Program Manual, Chapter 7, and submitted in compliance with the signed Acceptance of Conditions and Certifications (OTS-33) included within this agreement. METHOD OF EVALUATION Using the data compiled in Phase 3, the project manager will evaluate: (1) how well the stated project goals and objectives were accomplished, (2) if all the activities outlined in the "Method of Procedure" were performed in accordance with the project agreement; and (3) was the project cost effective? ADMINISTRATIVE SUPPORT This program has full support of the City Council of the City of National City and the City of Lemon Grove. Every effort will be made to continue the activities after the project conclusion. The Fire Departments have agreed to accept all responsibility for maintenance and upkeep of all equipment purchased under this program. OTS-38b (Rev. 5/05) • SCHEDULE B PAGE 1 DETAILED BUDGET ESTIMATE PROJECT No. EM0713 COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO PROJECT FY-1 10/01/06 thru 09/30/07 A. PERSONNEL COSTS Positions and Salaries Not Applicable $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Employee Benefits @ 0.00 Category Sub -Total $0.00 $0.00 $0.00 $0.00 B. TRAVEL EXPENSE In State 2,307.00 $2,307.00 0.00 0.00 Category Sub -Total $2,307.00 $0.00 $0.00 $2,307.00 C. CONTRACTUAL SERVICES Not Applicable $0.00 0.00 0.00 Category Sub -Total $0.00 $0.00 $0.00 $0.00 OTS-38d (Rev. 5/05) SCHEDULE B PAGE 2 DETAILED BUDGET ESTIMATE PROJECT No. EM0713 COST CATEGORY FISCAL YEAR ESTIMATES D. EQUIPMENT FY-1 10/01/06 thru 09/30/07 TOTAL COST TO PROJECT (2) Fully Equipped Extrication Systems Lifting Bags (Air Bags) 69,877.00 7,274.00 $69,877.00 7,274.00 0.00 0.00 Category Sub -Total $77,151.00 $0.00 $0.00 E. OTHER DIRECT COSTS $77,151.00 None $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Category Sub -Total F. INDIRECT COSTS $0.00 $0.00 $0.00 $0.00 vot Applicable $0.00 Category Sub -Total $0.00 $0.00 $0.00 $0.00 PROJECT TOTAL $79,458.00 $0.00 $0.00 $79,458.00 OTS-38e (Rev. 5/05) SCHEDULE B-1 PROJECT No EM0713 BUDGET NARRATIVE Page 1 The City of National City requires a total of $79,458 to implement this project. The funds will be used as follows: PERSONNEL COSTS: None TRAVEL EXPENSE: In -State - Costs are included for appropriate staff to attend conferences and training events supporting the grants goals and objectives and/or traffic safety. Funds may be used to attend OTS approved training. Anticipated travel and events include local mileage for grant activities and meetings such as the OTS Summit and extrication training. All conferences, seminars or training not specifically identified in the Schedule B-1, must be approved by OTS. All travel claimed would be at the agency approved rate. Per diem may not be claimed for meals provided at conferences when registration fees paid with OTS grant funds. CONTRACTUAL SERVICES: None EQUIPMENT: ''he City of National City will purchase and distribute fully equipped extrication systems for National City and emon Grove. The system includes every piece of extrication equipment, modifications, attachments, accessories, and auxiliary apparatus necessary to make it usable for the purpose it was acquired, and costs $5000 or more (including tax, shipping, and installation). National City Fire Department will receive up to $59,424 for a fully equipped extrication system that includes a hydraulic spreader/cutter and a hydraulic power unit. Other dependent extrication items purchased may include rams, hydraulic hoses, ram attachment and extension sets, hydraulic pumps, mini cutters and spreaders, battery charger, soft carry pack and combi tool. The Lemon Grove Fire Department will receive up to $17,727 for a lifting bag (air bag) set and a fully equipped extrication system that includes a hydraulic spreader/cutter and hydraulic power unit. Other dependent extrication items purchased may include rams, hydraulic hoses, ram attachment and extension sets, mini cutters and spreaders, batteries, volt charger, AC/DC converter, soft carry pack, and vehicle chock and block sets. OTHER DIRECT COSTS: None INDIRECT COSTS: None PROGRAM INCOME: .1 program income will be generated from this project. OTS-38f (Rev. 5/05) STATE OF CALIFORNIA • OFFICE OF TRAFFIC SAFETY ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS OTS-33 (Rev. 5/18/06) APPLICANT AGENCY City of National City OTS GRANT NUMBER EM0713 The following are included herein and constitute a part of this Agreement: 1. OTS-38 — Page 1 5. Schedule C — Quarterly Evaluation Data (when required) 2. Schedule A — Grant Description 6. OTS-33 — Acceptance of Conditions and Certifications 3. Schedule B — Detailed Budget Estimate 7. General Terms, Conditions, and Certifications (OTS Grant Program Manual (GPM), Chapter 6. GPM available on-line at www.ots.ca.gov) 4. Schedule B-1 —Budget Narrative TERMS AND CONDITIONS It is understood and agreed by the Project Director and Authorizing Official that any grant received as a result of this Agreement is subject to all federal and state regulations governing grants and to those controls expressed in the California Traffic Grant Program Manuals which include, but are not limited to: REPORTS 1. Quarterly Performance Reports and Reimbursement Claims must be submitted by the Project Director to the Office of Traffic Safety by January 31, April 30, July 31, and October 31, during each year of grant operation. 2. OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future grant funding anytime a grantee fails to comply with any term or condition of the grant agreement or program guidelines (GPM, Chapter 3.13). This may include, but is not limited to, the following: • Failure to submit acceptable and timely reimbursement claims; • Failure to submit acceptable and timely quarterly performance reports; • Failure to submit an acceptable and timely Schedule C, Quarterly Evaluation Data (OTS-38g, applies only when a Schedule C has been required.); • Failure to comply with requirement of the Single Audit Act; (GPM, Chapter 4.11) • Failure to submit fully executed and acceptable sub -contracts. 3. By October 31, "continuing" grants must submit a September 30 claim and a written justification to support carrying forward prior year unexpended funds. September 30 claims and written justifications, supporting the canying forward of prior year unexpended funds, submitted after November 30, will not be processed. The prior claim (i.e., June 30) will be considered the year-end claim in order to close out the federal fiscal year ending September 30. In addition, prior year unexpended funds will be deobligated and allocated to new grants. SUB -CONTRACTS 4. Consultants and/or sub -contractors shall be selected in accordance with the grantee agency procurement policies and procedures in order to comply with the terms of this agreement and in accordance with the OTS GPM Chapter 6 Procurement & Contract Administration, and Exhibit 6-A General Terms, Conditions, and Certifications. A fully executed copy of the sub -contract and completed Contractual Services Checklist & Questionnaire, OTS 85 shall be submitted to OTS for inclusion in the official grant file prior to request for reimbursement. The grantee, consultant, contractor and/or sub -contractor are subject to all conditions and certifications of the Grant Agreement and 49 CFR Part 18, and/or CFR Part 19 whichever is applicable. Services shall be provided subsequent to final sub -contract execution and signature by both parties to the sub -contract and the work shall be consistent with the start and end dates identified in the Grant Agreement. The State is not obligated to make any payment under any agreement prior to final execution or outside the terms of the sub -contract period. Contractor/Grantee Agency expenditures incurred prior to final sub -contract execution are taken at the risk of that Contractor/Grantee Agency and will be considered unallowable if that agreement/sub-contract is not executed. AVAILABILITY OF FUNDS 5. If, during the term of the grant award, federal funds become reduced or eliminated, OTS may immediately terminate or reduce the grant award upon written notice to the project director. REVISIONS 6. Grant Agreement revisions are allowed in accordance with the guidelines detailed in the OTS GPM, Chapter 3.8 and the revision examples provided in Chapter 3.9. All appropriate documentation required to request a grant revision requiring OTS approval (i.e., budget category increases, etc.) must be submitted to OTS. 7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8. Additional terms and conditions identified in the OTS GPM, Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6-A), are incorporated herein by reference and made a part of this document. -2- ENFORCEMENT AGENCIES ONLY: 9. Full time personnel funded under this grant shall be dedicated in total to traffic law enforcement. EXCEPT: • In the case of a criminal offense committed in the officer's presence. • In the case of response to an officer in distress. • In the case of a riot where all available personnel must be committed. 10. Equipment funded under this grant is subject to the same requirements as No. 9 above. We, the officials named below, hereby swear that we are duly authorized legally, to bind the contractor or grant recipient to the above described terms and conditions. Executed on the date and in the county below, and is made under penalty of perjury under the laws of the State of California. PROJECT DIRECTOR'S NAME EXECUTED IN THE COUNTY OF Walter Amedee San Diego PROJECT DIRECTOR'S SIGNATURE DATE EXECUTED TITLE Homeland Security Manager AUTHORIZING OFFICIAL'S NAME EXECU I ED IN THE COUNTY OF Lin Wurbs San Diego AUTHORIZING OFFICIAL'S SIGNATURE DATE EXECUTED TITLE Assistant City Manager -3- MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT 08/22/06 AGENDA ITEM NO. (ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Purchase and Installation of a Radio and Cellular Phone Bi-Directional Amplifier for the National City Emergency Operations Center from Day Wireless Systems in the Amount of $26,722.19 as a 100% Reimbursable Grant Purchase from the FY04 and FY05 Homeland Security Grantr�— Planning Program PREPARED BY WaiterAmedee, 1Je9 DEPARTMENT Fire EXPLANATION Homeland Security Manager, 336-4556 9 The California Governor's Office of Homeland Security has approved the City of National City's request for enhancing the Emergency Operations Center (EOC) with a Radio and Cellular Phone Bi-Directional Amplifier (BDA) worth $26,722.19 or 100% in new funding from FY04 and FY05 Homeland Security Grant — Planning Program. As authorized by Purchasing Ordinance #1480, section 12a4, it is requested that the City Council declare that special circumstances exist, and that it is in the City's best interest to buy the Radio and Cellular Phone BDA from Day Wireless Systems, without compliance with the formal bid process. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, for the following reasons: Day Wireless Systems already has an existing contract with the City. Day Wireless Systems previously provided coring and installation services for the existing mobile radio in the EOC. With the Radio and Cellular Phone BDA, radio and cellular phone communications in and around the EOC will be possible. The FY04 and FY05 Homeland Security Grant — Planning Program is a reimbursable grant that requires jurisdictions to order/receive equipment prior to being reimbursed for expenditures. Environmental Review X N/A Financial Statement Financial Statement: No negative impact; FY04 and FY05 Homeland Security Grant — Plan rogram is a reimbursable grant that requires jurisdictions to order/receive equipment prior to being reimbursed for expenditures. Account No. STAFF RECOMMENDATION Staff recommends the purchase/installation of a Radio and Cellular Phone Bi-Directional Amplifier from Day Wireless Systems utilizing $26,722.19 in City funds. Direct Staff to submit reimbursement forms to the FY04 and FY05 Homeland Security Grant — Planning Program. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Notification of Approval Letters. 2. Resolution. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE AND INSTALLATION OF A RADIO AND CELLULAR PHONE BI-DIRECTIONAL AMPLIFIER FOR THE NATIONAL CITY EMERGENCY OPERATIONS CENTER FROM DAY WIRELESS SYSTEMS IN THE AMOUNT OF $26,722.19 AS A 100% REIMBURSABLE GRANT PURCHASE FROM FISCAL YEARS 2004 AND 2005 HOMELAND SECURITY GRANT — PLANNING PROGRAM WHEREAS, the California Governor's Office of Homeland Security has approved the City's request for enhancing the City's 800 mhz Communication System in the Emergency Operations Center (EOC) with a Radio and Cellular Phone Bi-Directional Amplifier (BDA) worth $26,722.19, or 100% in new funding from Fiscal Year 2004 and Fiscal Year 2005 Homeland Security Grant — Planning Program; and WHEREAS, the County of San Diego Office of Emergency Services is responsible for coordinating the reimbursement requests for equipment; and WHEREAS, the Radio and Cellular Phone Bi-Directional Amplifier will be installed to improve the capabilities of the City's 800 mhz Communication System in the City's Emergency Operations Center which was installed and is maintained by Day Wireless Systems under an existing maintenance contract authorized by the City Council by the adoption of Resolution 2003-53, on May 6, 2003, and renewed by Resolution 2004-109, on June 15, 2004; and WHEREAS, time is of the essence to ensure that the equipment is purchased prior to the grant deadlines of October 31, 2006 for the Fiscal Year 2004 grant and February 28, 2007 for Fiscal Year 2005, the grant funds must be used to order and/or receive equipment invoices prior to that deadline, to enable staff to claim reimbursement out of the grant funding in a timely manner; and WHEREAS, Section 2.60.220(D) of the National City Municipal Code authorizes dispensing with the bidding procedure when the City Council determines that it is in the City's best interest to do so, and research indicates that special circumstances exist to support this purchase, and it is therefore recommended that the purchase be made from Day Wireless Systems without complying with the competitive bidding procedure set forth in the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds that special circumstance exist to support this purchase from Day Wireless Systems without undergoing the competitive bid process, authorizes the utilization of $26,722.19 of City funds to purchase a Radio and Cellular Phone. Bi-Directional Amplifier from Day Wireless Systems for the City's 800 mhz Communication System in the City's Emergency Operations Center, and directs staff to request reimbursement for such expenditure from the County of San Diego Office of Emergency Services. PASSED and ADOPTED this 22nd day of August, 2006. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III, City Attorney OFFICE OF HOMELAND SECURITY July 18, 2006 Ms. Stasia Place Office of Emergency Services County of San Diego 555 Overland Avenue, Building 19 San Diego, CA 92123 Dear Ms. Place: SUBJECT: NOTIFICATION OF APPROVAL OF ESTABLISH/ENHANCE EMERGENCY OPERATIONS CENTER (EOC) REQUEST FY2005 Homeland Security Grant Program (HSGP) Grant #2005-0015, OESID#073-00000 The Office of Homeland Security (OHS) has received, reviewed, and approved your Emergency Operations Center upgrade request dated July 11, 2006, based on the information you provided for the subject grant. If you have any questions about this letter, please contact your Program Representative, Ginny Morrison, at (916) 324-6054 or Ginnv.Morrison(a�ohs.ca.2ov . Thank you for your work in protecting California. We look forward to your continued collaboration towards our homeland security strategy and appreciate your cooperation andhsupport. y, Larry M. I?tavi Program Manager Grants Administration GOVERNOR ARNOLD SCHWARZENEGGER • DIRECTOR MATT BETTENHAUSEN OFFICE OF THE GOVERNOR, SACRAMENTO, CALIFORNIA 95814 (916) 324-8908 • FAX (916) 323-9633 OFFICE OF HOMELAND SECURITY July 18, 2006 Ms. Stasia Place Office of Emergency Services County of San Diego 555 Overland Avenue, Building 19 San Diego, CA 92123 Dear Ms. Place: SUBJECT: NOTIFICATION OF APPROVAL OF ESTABLISH/ENHANCE EMERGENCY OPERATIONS CENTER (EOC) REQUEST FY2004 Homeland Security Grant Program (HSGP) Grant #2004-0045, DES ID#073-00000 The Office of Homeland Security (OHS) has received, reviewed, and approved your Emergency Operations Center upgrade request dated July 11, 2006, based on the information you provided for the subject grant. If you have any questions about this letter, please contact your Program Representative, Ginny Morrison, at (916) 324-6054 or Ginnv.MorrisonAohs.ca.gov Thank you for your work in protecting California. We look forward to your continued collaboration towards our homeland security strategy and appreciate your cooperation and .upport. ly, Larry M. 1 avis Program Manager Grants Administration GOVERNOR ARNOLD SCHWARZENEGGER • DIRECTOR MATT BETTENHAUSEN OFFICE OF THE GOVERNOR, SACRAMENTO, CALIFORNIA 95814 (916) 324-8908 • FAX (916) 323-9633 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City Council of the City of National City Approving Site License Agreements Between TMO CA/NV and Cricket Communications for Celluar Antenna Facilities at El Toyon Park and Sweetwater Heights Park PREPARED BY George H. Eiser, III DEPARTMENT City Attorney x 4221 EXPLANATION On June 1, 2005, the City entered into a lease, originally with New Cingular Wireless, for a portion of Sweetwater Heights Park, for the installation of a cellular antenna facility. On August 5, 2003, the City entered into a lease, originally with Pacific Bell Wireless, for a portion of El Toyon Park, for the same purpose. TMO CA/NV ("TMO") is the successor in interest to New Cingular Wireless and to Pacific Bell Wireless TMO desires to enter into a Site License Agreement with Cricket Communications ("Cricket") for both the Sweetwater Heights Park and El Toyon Park sites, to enable Cricket to install its own cellular antenna facilities on those sites. Some of the antenna facilities that Cricket will place on the Sweetwater Heights Park site and El Toyon Park site will be located outside the portions of park land leased by the City to New Cingular Wireless and Pacific Bell Wireless. As a result, Cricket will be required to enter into leases with the City for the portions o park land that are not included in the leased premises under the orignal leases. Section 31 of the original leases require the City's consent to a sublease of the leased premises. The City's consent to the Site License Agreements is requested because they are functionally similar to a sublease. The City Council will be requested at a future meeting to aprpove a lease agreement with Cricket Communications for those portions of Sweetwater Heights Park and El Toyon Park which are not included in the leased premises under the original leases. Environmental Review ✓ N/A Negative Declaration Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Site License Agreements Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING SITE LICENSE AGREEMENTS BETWEEN TMO CA/NV AND CRICKET COMMUNICATIONS FOR CELLUAR ANTENNA FACILITIES AT EL TOYON PARK AND SWEETWATER HEIGHTS PARK WHEREAS, On June 1, 2005, the City entered into a lease, originally with New Cingular Wireless, for a portion of Sweetwater Heights Park, for the installation of a cellular antenna facility. On August 5, 2003, the City entered into a lease, originally with Pacific Bell Wireless, for a portion of El Toyon Park, for the same purpose; and WHEREAS, TMO CA/NV (`TMO") is the successor in interest to New Cingular Wireless and to Pacific Bell Wireless; and WHEREAS, TMO desires to enter into a Site License Agreement with Cricket Communications ("Cricket") for both the Sweetwater Heights Park and El Toyon Park sites, to enable Cricket to install its own cellular antenna facilities on those sites; and WHEREAS, Section 31 of the original leases require the City's consent to a sublease of the leased premises. The City's consent to the Site License Agreements is requested because they are functionally similar to a sublease. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby consents to the Site License Agreements between TMO CA/NV and Cricket Communications for Cellular Antenna Facilities at Sweetwater Heights Park and El Toyon Park. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SITE LICENSE AGREEMENT This Site License Agreement ("SLA"), entered into this day of , 200_ between TMO CA/NV, LLC, a Delaware limited liability company, hereinafter designated LICENSOR and Cricket Communications, Inc., a Delaware corporation, hereinafter designated LICENSEE. This SLA is a SLA as referenced in that certain Master Lease Agreement between T-MOBILE USA, INC. and CRICKET COMMUNICATIONS, INC. dated April 28, 2006 ("MLA"). All of the terms and conditions of the MLA are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the MLA. In the event of a contradiction, modification or inconsistency between the terms of the MLA and this SLA, the terms of the MLA shall govern and control. Capitalized terms used in this SLA shall have the same meaning described for them in the MLA unless otherwise indicated herein. 2. Site No. and Name (if applicable): LICENSOR: SD06534A / El Toyan Community LICENSEE: SAN707 / Toyon Park 3. Site Address and the Land which is more particularly described in Attachment 1, attached hereto and incorporated herein: 2005 E 4th St, National City, CA 91950 4. Site Latitude and Longitude: 32.68644411 Latitude /-117.08905522 Longitude 5. The LICENSEE Antenna Facilities to be placed on the Property and the location of the Premises are detailed in and shall be consistent with Attachment 2, attached hereto and incorporated herein. 6. The term of this SLA shall be as set forth in Paragraphs 4 and 5 of the MLA, except: No Exceptions 7. The Rent commencement date of the SLA shall be the first day of the month following the earlier of either; i) ninety (90) days after full execution of this SLA; or ii) the receipt by LICENSEE of written notice from LICENSOR of a Notice to Proceed permitting LICENSEE to commence construction. 8. The Rent for the first year of the initial term of this SLA shall be at an annual rental of Fourteen Thousand Four Hundred Dollars ($14,400.00) to be paid in equal monthly installments on the first day of the month, in advance, to LICENSOR at the following address: PO Box 70870 CM 9762 St Paul, MN 55170. or to such other person, firm or place as the LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. All Rent checks shall have LICENSOR's site number clearly written on the face of the check. 9. If the Property is subject to a prime lease, license or other such agreement affecting LICENSOR's interest of the Property, a copy of such agreement is attached hereto as Attachment 3. If consent is required from Owner, it shall be attached hereto and incorporated herein as Attachment 4. 10. LICENSOR Contact for Emergency: 888-662-4662 11. LICENSEE Contact for Emergency: 866-688-6058 12. Special Provisions: None 13. Amounts, if any, to be prepaid or reimbursed by LICENSEE pursuant to Sections 6(b), 6 (c) or 6(e) of the SLA: Zero T-Mobile Site Reference: SD06534A/E1 Toyon Community Cricket Site Reference: SAN707/Toyon Park 07/26/06, Page 1 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. WITNESS WITNESS ATTACHMENTS: Attachment 1: Legal Description of the Land Attachment 2: Plans and Specifications Attachment 3: Prime Lease Attachment 4: Owner's Consent Attachment 5: Memorandum of SLA LICENSOR: TMO CAJNV, LLC BY: PRINT NAME: Allan Tantillo TITLE: National Systems Development Manager DATE: LICENSEE: Cricket Communications, Inc. BY: PRINT NAME: TITLE: DATE: T-Mobile Site ReferenceSD06534A/E1 Toyon Community Cricket Site Reference: SAN707/Toyon Park 2 07/26/06; Page 2 STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Allan Tantillo is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the National Systems Development Manager of TMO CA/NV, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) STATE OF ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of Cricket Communications, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) T-Mobile Site ReferenceSD06534A/E1 Toyon Community Cricket Site Reference: SAN707Tfoyon Park 07/26/06; Page 3 ATTACHMENT 1 LEGAL DESCRIPTION OF LAND to the SLA dated 200_, by and between TMO CAfNV, LLC, as LICENSOR, and Cricket Communications, Inc., as LICENSEE. All that certain real property situated in the County of San Diego, State of • California, described as Follows: Parcel A: The West Quarter of the East Half of 80 Acre Lot 1 in Quarter Section 130 of The Rancho De La Nacion, in the City of National City', County of an Diego, State of California, according to Map thereof No. 166, filed in the Office of the County • Recorder of San Oiego County, on May 11, 1869. Excepting therefrom that portion thereof conveyed to the National School District by deed recorded on December 7, 1951 and filed in Book 4313, Page 483 and 484 of Official Records of San Diego County. Also excepting therefrom the Southerly 40 Feet thereof lying within Fourth Street (also excepting therefrom any portion lying within the boundary of National Award Homes Unit No. 2 according to Map thereof No. 4370). Parcel B: That portion of the West Half of 80 Acre Lot 1, in Quarter Section 130 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, Fled in the Office of the County Recorder of San Diego County, an May 11, 1869 lying Northeasterly of the Northeasterly line of Interstate 805 (State Freeway 11-SD-805-10.9) as 'conveyed to the State of California by deed recorded on February 13, 1962 as File/Page No. 24766 of Official Records of said San Diego County. Excepting therefrom that portion thereof conveyed to the National School District by deed recorded on December 7, 1951 as filed in Book 4313, pages 483 and 484 of Official Records of San Diego County. Also excepting therefrom that portion thereof conveyed to California Water and Telephone Company by deed recorded on September 27, 1950 and filed in Book. 3795, page 292 of Official Records of said San Diego County. Also excepting therefrom the Southerly 40 feet thereof lying within Fourth Street. Parcel C: That portion of the Westerly Half of 80 Acre Lot 1 in Quarter Section 130 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, filed in the Office of the County Recorder of San Diego County, as said portion was conveyed to the State of California by deed recorded February 13, 1962 as File/Page No. 24766 of Official Records of said County; lying Northeasterly of the Northeasterly right of way line of State Freeway 11-50-805-10.9; said part hereby conveyed described as follows: Beginning at the Southwesterly corner of that Parcel of land conveyed to the California Water and Telephone Company by deed recorded September 27, 1950, in Book 3795, page 292 of Official P.ecords of said County; thence along the following numbered courses: (1) along the Southerly line of said California Water and Telephone Company Land North 72°13'21" East, 55.06 feet to the Easterly line of said state land; (2) along last said line South 40°00'14" East, 415.79 feet to said Northeasterly right of way line; along last said line the following two courses: (3) North 48°46'48" West, 14.71 feet; (4) North 46°35'20" West, 424.90 feet to the Point of' Beginning. T-Mobile Site ReferenceSD06534A/E1 Toyon Community Cricket Site Reference: SAN7071Toyon Park 07/26/06; Page 4 ATTACHMENT 2 PLANS AND SPECIFICATIONS (including description of the antenna location, and location of ground equipment on the ground portion of the Premises) to the SLA dated 200_, by and between TMO CA/NV, LLC, as LICENSOR, and Cricket Communications, Inc., as LICENSEE. Proposed Equipment is defined below and Plans and specifications are attached hereto. Number of Antennas: Three (3) Antenna Manufacturer and Type -Number: EMS RR 65-15-00-DP Weight and Dimension of Antenna(s) (L x W x D): 56:x8"x2.75"/ 13.5 lbs ea MW Dish diameter and approved RAD Center: None Number of Transmission Lines: Six (6) Transmission Line Mfr. and Type No.: Andrews or similar Diameter and Length of Transmission Line: 7/8"/130' Location of Antenna(s) on Tower (Approved RAD Center): 94' Direction of Radiation (Azimuth): 30/150/270 Dimensions of LICENSEE Ground Space: Zero (0) Frequencies/Max. Power Output: 1900.625-1904.375, 1980.625-1984.375 MHz/50.55 Watts Additional Equipment to be placed on Tower: None Notes: 1. The plans and specifications attached hereto are provided as SLA attachments only. Approved Final Construction drawings are required prior to commencement of construction. Actual "as built" drawings shall be attached and incorporated herein at the time of completion of construction. 2. This Attachment is to include any plans for routing lines, utility wires, etcon or across the Land. 3. Frequency and Power Output information is provided for purposes of monitoring compliance with the interference sections only. T-Mobile Site ReferenceSD06534A/E1 Toyon Community Cricket Site Reference: SAN707/Toyon Park 07/26/06. Page 5 AHIiHtVIM IVN5 1 a al .0.01511100 a wry 141111001. S1 W9 dLo0 pap, W 300.1.0WT W ,FO • WOO W.. M..tl 1 .ONaM in: 5011..rma 0 a 00.13Iao.c MI NM <10•OW 0 PTO 1.0410101 N IA OWE TEL IEW. jl.2G 0� 10 01 N 02101. Ca▪ tia mx00[ wstlw. Mgr •a. 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SI LN TOO. a 10111 004 0 eV. n.la01W ow. al.l •ya.01N yl.aNYMM r 1.sou w111041 ¢se. annul. cflc Comfortable IR0, M .Eurts m1a1,nr �o.s Wireless TOYON PARK 2005 'C' EAST 4TH STREET NATIONAL CITY, CA 91950 SAN-707 SHEET INDEX N no, a.n art SM.E1 ci SITE as EaNlaCCu .mrv. sm FLAP wlsw..wnlu an.s a OElri Sl E1RL11.R WON ow 91E owl s. Yc100 NN orals n 1Nll.' WC NIN Y 0.4 sECN .O /11r 4 1 Et rO.9/Rm 100 00nE L. wPr.0 SS 0.10100. 0100 a O.v. '.oven. ppuoC sup NNMC seb.R uo oN1af IN I/O 21.. Inmac WIY. . 1lYlmc soon(. i-1. Nm Oa.oa tt 1Y.. ME I. APPROVALS 1a*O.044 INKS IEM. CVM 00 �* 1w NR°EST` iE art.tl*Ne11 0OK w MKMaswoco 401041 'b100�WhToe WoOloN. ,orlusTo. To �ID 0 Toe m E1.Y N . soo Ms 100 YM naxl NYC LEGAL DESCRIPTION I .y OW M40N O tl141. W 1. NGW1F05[Clul 1.1 O C011pyl. py0ya 10 YV MIYO 1O. lY 0000 N M W. O M COL. CO01Y0 O ,M Co. WM.. o6GVf0 KGO..03 N M NOR.. CCP. W..E4 wet 600 N0C LOT i N vN Ca.} SECTION lY. M EuNGM IC. 0. 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T. 1n imm a I.E PMT n.rz up. : supICO.OaCMM so..1 T MGW fl. 20 LA. -1s FOR avnNm v1 Mr N Two T4 lTc N.° REM510NS oTscnowo . pE/ayo,�'� MSA O y S�D�53`f14- CY-4 SAN-707 TOYON PARK TITLE SHEET T1 \ ' io•mo IDIwTMI ' ler100 TOW !9a et ANrtrua ler .0 • lei of AI rred':i1 :/- D num* Az non. men i, A• I LANJJuv0JL' \ J • W r 000 ..OT.wu P.. AN Amor AMOrtwect dieDania AMIN.NWC'. �\a1 uNW Yee. mow M i\ F\• 1-I.ICCe0, e.N N, 10s Ir.01 APN 554-050-15 EL TOYAN PARK awerw r. wee. NAww. AR.l NUN URA NT AN MN (..)fl000RO PER R0S 17AOI (...)a01CM0 f(I L(4L O(SUDTION 07 11R( Woe 0 I. Y. rtu !retee :t n NAn' 0 0 OI 0 ,~� vtt5t r5j0 yore LEASE BOUNDARY DETAIL MAU[: I'•le' CENTER OF PROPOSED ANTENNA CLUSTER AT EXISTING TOWER 40N0L NORM ll'1I'1LW' LONL1l4OL w(sr IITO1'30.14' NAT. AI N 1.3005.00 ( 6303311.11 SAS( (L[V4010Mr 11.0 (KAYO l() /N O/ (LSIMO AMS(NNAS (L(V: 120 (MEASURED 101 MT AIM( LNOUNO aVa.J M( NO(IIONrAI ACCURACY Or ref 4nru0( µ0 LOMLIMO( Al Mt Cdrd Of 7Owt3 LOC,. FAILS w11MIN ,VT(EN OS) f((1. Inc V(Inc4l ACCURACY AT MT IJS( Of Mt IOWES (A(U wITNIN THREE (3) r(n. DATE OF SURVEY: 11/T6/05 BASIS OF BEARINGS 041 RAW 0I NOR110NGL CONTROL TOR MIS SWVSY IS MC N0R(H A.M. DASUN Of 11S3. PLANE COORDINATES SIM'YN SRAM PLANT COCMgNA71 SYSTT N W 111 RWNE A TITLE REPORT IDENTIFICATION: MU TNa. COMPANY OIIES N0. 11L)1I-4C LLmC0 II/lf/]005 ASSESSORS IDENTIFICATION: APN: SSA-030-I3 OWNER: LIrc Or NATIONAL MY LEGAL DESCRIPTION LEASE BOUNDARY: A PORE. O/ IN( WESTERLY N.LLI or (wan Au( tor I IN QUARTER SCCTON ISO. (LINO A PANT Of 4NCN0 DC 4 NCCMQN. ALC10a*0 re ME ..LP NMu(0( ND. Iu ON fed W ME WIRE Of let COMET R(C0N0(I Of SA10 SAN 0IC00 COUNTY, O(SCRII(0 AS 7OLLOw2: COMN(NCMO .Lr INC WICOSECTION or MC LOMAr RIONT 0f WAY UNE 0r INT(RSEATC NILNWAI 1103 AM0 SNOW ON .YCLONO at swev(Y M4 17 01NSterET 3 AC0.f000 W Y I S. 3001 NI 111E OffCC 0I INC COUNT,. R(C0401, Or SAN DICCO COUNTY: MALE GSIu(Y ALONG !N( 11).3SERRY M 8(MCC Lay. SAW 00000(AY ONE Sr. MMTM WOO' WEST, S(S.0 MT r0 M( Me Poet 0r ICOINMIMC: ?NOWT CONTINUAL NORTH 14'0b' Si., CON lwn C+oR KIRSCH & COIJRANY CONSULTING_ ENCINRS . tl(Oq Cy/pVAA flv 14, A.. TA IY PO n041 wC A lI f NM . L S 11 b SAN-707 A TOYON PARK 2005 E 4TH STREET NATIONAL CITY, CA 91950 .......:.vn4ceu OIEGO i STREET '/„ ice• LEGAL DESCRIPTION PER TITLE REPORT Au. mar PORMII Of ea ACRE L. 1, IN awake SECTION 160 Of RANCHO O( U. NA., IN THE COUNTY Of SAN 01(00, SINES Of CALIEORN4, ACCONONC 10 au M(R(OM NO. I(( f4(0 W ML 0ff10E Of INC COUNT RECORDER Of SAN MECO COLLIE 0(SCRIIEO Al MEOWS: CONNENCWO AT ME NORMGSr CORNER Of ME WEST NIA✓ Of SO ACAC LOT IN .0 OLIAllER M( NORNE Of SAICWEtTNAI(C NORM UOf 60 ACAC LOT 1 SOU Nf IIUT P0170107.411. SOf a0 ACNE LOf O THE 0(SCI (0 IN 'ARM 00 DUO TO M( STATE 0I CAL(IRMIA, R(CM0(0 ((SALARY 2, I170 A SINSrRUNcwr N0. 20_11E77 Of OffKLLL MOTTOS, TN(NCC ALONG M( 2011M SON Of SATO SO ACRE LOT 1, SWIN 71'3111' WEST 1.01 TER; MCNC( 2(4Y116E SAKI SOUM LW(, NORM 3I'Sl',0' w(ST, 1R15 f(EE; TNCNC( Nd4M7I'SJ'SI EASE ISI] (3E1. 10 THE ME POINT 0f I(dNNING THENCE NORM 44'44'46' W(5T. 171.1. PEEN: MMCE NORTH .('SS'10' WEST, A2410 MT Id INC 50UINwcarrocr CORNER Of A PARCEL 0f LAND CONVEYED r0 MC CALF.. LAM . TELEPHONE COMM. IY 0((0 0A710 SCf7ENICR Il, 1550 AND RECOR0(0 W ROOF .)SS. PAGE SOE Of 01f142 RECOR05; MINCE NMIN 21'01•S4' EAST (SHOWN AS NORM 72'13' 0 EAST ON A53CSSoR5 NA() AO. rN( 50UMMLY UNE Of )AID 4M0, IS2 I(R !O ME SO0ff(ASr(RLY CORNER WNW, THENCE SOLO I4.S' GST 4.19 (((1: THENCE NORM 1I'IE'10' GSr, 216.44 IEEE MINCE SM. 944'45 cur, 50 .1. f(O, ALSO REDO A PO Nr W M( NORM.. LINE Of .M STREET; MCNCE W A 50U22/101I222 OIMCMJN ALONG yl0 MAMMY LINE OF ITN 'rem l0 M( TRUE MM( Of MOIMNNG. NORM' SAtl LEGAL o(SCRlPNON 00(1 NOT YR APPEAR 0f R(CORO AN0 WAS WRUTLV TO OLSCRN( ASSESSORS PARCEL HO. SS4-030-IS 45 SHOWN al SAID ASSESSORS LA, MIS CON/ANY WN( NOT SE LAME FOR ASO(PANCIES MAT LAY ARISE If USED IN A R(CR0C0 OOCLN(NT. EXCEPTION ITEMS PER TITLE REPORT onsn,oN otsCRNrIOM NEC. DATE I. WED LOC4MW A TAX EX(NPT - - NOT PIDIASLC (NI) I RICHES Of PLOM: r0 STREETS - - PLIUC STRUTS 1 A0wWC1 TASCN(NI L/!/1115 1 ! R 11. NO LOCATION OVYN S P0ILIC LOLL GS(L(NI l 12//ISSO 1 S)SS P 296 MOT NW LOT CORNER ((AA (ROT LG.) 4 W4TG0LM1( (ASEL(NI l/I 11)O WSrl. 11221 SHOW S MROC UNIT CIS(. !/I)/12)O WSER. 1H0111 SHOWN S SOD!( (A3(5(NI 2/l2/IO2 HOST*. 114221 SHOWN 2 SOC!( GSM(M 11/1/1171 INSTR. 304S1 SHOWN ( 1 M4 SOL 111 I S%12 1123 INSTR. 7S-0J~OI LIIAO r0 SC P411( 10 R040 OSELMI 11/Il/19)2 WS.. 2202210E OUMO' WESIERLT SOUNOARY (.J-R(C0110 PM ROS 1744 (...J+RECORD PER L(CAL M RulN1N Of TITLE REPORT T[L. Co u.v0 I • 4?pt 4 q C�WP 6 r 4 sW OOR Q(j(C. SS0 LOT 1 - '— ice - H 91RC[t 6,r11i12104 or OSTNY Rolf LW .WWAr Tel YY NyM040 ,,...r �AITV Am ALL. MA reS BOUNDARY DETAIL & VICINITY MAP SCALE I'-100' SEE ME. C-1 roe SITE PI.W ANO PORNO.° SITE WrORwrwN fl au 1/1 not -1. SV9 CONTRACTOR HIRSCH ,f CC)IPA/, CONSUL TINE f1CINEf4. 4499 8414' TTL0 EL NL4N,w fat II114e ANLK 4 TAMO. . LS )1. SAN-707 / 0YON PAR 4005E 4TH STREET NATIONAL CITY, CA! COUNTY OF SAN DIE SITE SURV -2 KLY HUI LJ: 0. uo,...mm c.a..., ...,., Qar cxwn «warn u wr..0 uaixrto la (0 nAou O(O 0090 LOT Om >a.0 Ana ..a.w �u.rs.avw 01=4- AU T.cncx . Ana •• c...0 OILCOCO .1.52 L09199 095 9611 ✓M mci Q. cn s snn. ALTO (0 SOCCER rac ®m cart. Qtn ...o.., W../,x,(..... ®m r-m. recur ena moos OM Y9 PO.a/ 11.0 T �µl s.c SP c sou. ©m 0.m ©m own... ©m ..enas .m a-...o+.x OPOPOTTY UN( CoVIINC cant m.Ta. ...m.nos i.mn... m ,w. . .. aura .103. TO in.4..sw. (m.9.9 xm.Tm rc..< ...n a .n.ot mr,......fum r.w s ox .m r-wr.. NO. PI /A R tiMC ('p1x .m..+( *mot I.Mom„ m wm CO*...r+.az u PLMSCNS d/1./06 IllelarAVIrm R K2f0 rq xMb 079199 ZV.I120 r.. MSA M,tlab...,,m:... 1..E ffi SatA,C•911]1 H.H5ltZ7l f.1519U4) SAN-707 TOYON PARK SITE PLAN SITE PLAN SCALE: 0' 20' w' m' Al OM [axu6R aw OM SENSE HACH=.. cm. v OM r-.ae M.N.. RINOlxl r a Ere .S1 n'r nrtt Mwmn on x-Noic OMI ., -e-n� war FarurxS wary: ®NI .tt wEr r EMU UNE rwr c uia m r-am.< mr041 ON l roco 6tt swot OLxI Pc caa waL Osxl ono., NC Inmanual ®M1 s/i • caern 1 NO sr.Or.s.-r'-r' mat ro woo. m ®Ixl U.S. EN MC s.m<aa MINNcaI ONuc. caw riM( rx[rxxe v ANTENNA MOUNTING (PLAN) SCALE: 0' 6' 1' ] 3/1 *1'-0. SCALE_ ANTENNA MOUNTING (ELEVATION) ENLARGED PARTIAL SITE PLAN ;r nox, PENSIONS IR4/ar r/rv4 ao/r'/xr xrw+�n- Ey0EW1 m's SENO Sox KEEN Of Swum.a *NEy AOSSIEEE Snarl EmED NNE. MSA Es SAN-707 TOYON PARK ENLARGED PARTIAL SITE PLAN, ANTENNA MOUNTING DETAILS A2 p/n I-Y6221 ,MM.., O,,,2 1 GRID AMA l6 MA In ,l MM 10-oncrr 64.,144 Qm .w. Mnvll w/ ssoc<o Qml6Rs ON n. I424, m wla to OM IS FACE 2226M. DAM To .ow.. 26 AAA M 22422 © VI Ib6Evs A utt YY6,16 or Iq 02u'.20 flM510. wR 112200,222 M/,./M M6W66T m'S. 6.0 A AAA m/n,oe 111222 ott 66t0 ,M r IMAM. wn,6 ME . E14191 5a.1F-OU £ w,/umn I <AMEN 2636.6 R6 .WYn 9+6. fMtlrt wla iM n.mcMA Q m Q YR4 ALAINI At. NYS 1. 6[ <MFMI SIAM VAL Y OY <ry6AYRm.. w/ 9ux. x6 I.wim mt. N *am In !-612.1 sa ]. M AA V 1t <tl.MS 4622122 M822 M WY6 MLA (M11KA2 M/ MA 1 611 M'RI.IK M< AAA V 1 V . IUS!C . W02t w/ MIA AMC MSA A..6....k 41311.4..MLL.z,.9 5n04 C..fMI 1.14191.5310.11 4,4154.4,61464 1..IAA2 L.— WEST ELEVATION SCALE B' 16' 2 SOUTH ELEVATION S 0' 116' Ai M. SAN-707 TOYON PARK ELEVATIONS A3 .540SUIC AP T�i IMO M[x xaa155 10pxC0fl xxs (.0 RR. Oro( WALE O C7 r1.sc w (_~ SCHEDULE RORK, W,a 1ua er rep RO I-0l sous P wtu jp ',OWLE. visa, OES.M. C.6,xLLM• x/ St... Mn PrvM PMx — —Cir (4MWrt S€!fl LWL rt Woo Mi(c0,6micUr(/ CN4 .0 Iwo.. wrtwM. ma". 1U,UV/ m wm. ([1 -u91L .461 P Roc,. xmUx r PILL C .1.% CP x P49¢ PMn1[ v/ ,{rM 4cuc. s¢ rlv Wits a Y¢i Al. 15 ft NS10H5 MSA . .Ydi,Y..,1r1M00 K �1 k.5 1 S.t Pegt Ca1L=I IS DOM05,1 .11I5.10141 S.Isl,- -RR. 014 . SAN-707 TOYON PARK EAST ELEVATION 1 SCALE 1 o. 1 +/11...-0. If 2 I NORTH ELEVATION ELEVATIONS A4 a0a5100~5 ],1 rp rue Ix) 1.( ewr eau (SI 0.e Kw Kr. (^a) al a( rasa casts. /Cce vpw1 (amsa) users sera ewer rawpar.11 rRmaAcar I-O-..'-n" CCM., race r/ i/. 0p.+110 aV/ Au FT mei MD 00041 ercn •oFrµab R• IA' raeo.E Luau -rear ei!I�A'e.�E� ' iFoa'! �171 oncressAilcon. (a,aa a01..... rrrrz Ee.r, ills .7. .(1/01 W •S. (0 u p.J•(1(rol eew+o..r EMT . P]aaa rn +e r,o� LaC.q (.)Vn rat a+-e .,m" .• a...ra.r w rasa a G.e..No tlae W.tll aaa ab* ) G (P✓l Ate! /` /4 • loac VC. sp.. Ir. tma a/u]>I a Laos a( Kr/ Mercer .auEr rz 0-/. . b]. arz ae]LJnW W./ a]nl/M sa a;µ]w ra a)/(ym resal CMI BOLT PATTERN n. R e.ao-e]rl .may —1"xp) .00 °0rza .u..Arrow. Nor wI earn. no• re rYIIYAYNVW T/!M 0.4. SBE BOLT PATTERN SCALE: 5 rap. an.s]L ar2ow nm• Ira Mr II. ACCESS DOOR sa'.I r s SCALE: II-I/2- I' a ccra 3 ibWOW G / .001 tle.n..Orpl 8 PTC BOLT PATTERN I I _l `� ..E4._o-I 4 LONGITUDINAL SECTION AC. erw (S) a ra.O.a]]) area ra+A ic]x(IS 04. 20.022 Lai/(. la (.1 X. ea+r ./�X.,%• p. ammo . FA COMM OF VY(] xa SICK WW1. Rao lam a/wn) a CO. l SaCE r.L /�eaua.un LATITUDINAL SECTION • (41 pA W.a]-1/1* w., blT-. y 1H" M OF Irraa LCPC ..e I.e.. MOO (R0 awl?). Eo.K M) a ... (p e_I$ (nr.l 10B.00a1 (r.r. wi I.+.r+11 w.1 .er, %Ire.. ae.Y a R R. ) II (f'1 rL1.16 WYb .I. I1oMOwf YEM i s iy•Weew�ap0 ]14 !I u.pro 11. (0*0 .. MCO. . faro (*/haul) a Era. /per bM Wf ra I.)+/Yeerr• r/ 0I" ... ants .. LMG01b01. MXi re .0 0 ew¢mx la0'0 (m al..)1 a ta.K Su E: a• Z. pr r.ss a mer. (area Car. R a•.. Loa. RsaMa). wc+ w row. (10/0) (Roar. hart r a.ra Cur.) act ANTE•m• Im)r.. WO M] . r.a In.l 01WC ..xxsm . se'(Lc 6.1.. pa• .ulaa(i) wial*r Mi.. (I].) Cro S(000.0.11.. vca°.i .ore,W ..ra —eqrra aaa he Id w aW •••. . bra. comb. . OHM .0 M(I] SCALE: _ O. 1. ]' ♦' lt' 1 0 ••1 1 2 MSA - e_.arld.501.ffi 2 1, 5 rw�0040 h2aNSil)10 Il( srra.as ter_ . 0.o..0 u( SO, SAN-707 TOYCN PARK DETAILS A5 a " ` 11 N 0 1 m z ! 1 G A 1 g 1 aII =£ a :. E F A ili9 xi§&k a$ R ill 1 Rii p a to ;k. „ sg �f �@ 1111 JEJE Ii�E t1yyy�gB 6 a1� R3 g crickt® Oomtortabte `ldIreleSS 4031 SDRRENTO VALLEY ROAD SAN DIEGD. CALIFDRNIA 92121 6 I.I MO•.I'tG fl. LA ,NOW!•Sr•cN u. La! rY 1/1- 3. OS. •O4 T RKIIY ./ UN. OS N NZ ./ I_vr.. „- /f • Ir aG SOO (MOO O•.r O.G MwI. (Y COO lal0 IIIMIG) 1 • Yl. /Iaa.a rGc. m r T1•eOK m.• le /' OW • lr OC ./ n)In-.•MIS • V. caws 441 1 Ss. / CSN r caw moo e.n • I..vom1 wro• WOO DETAIL 3 1r•.u. 0 SO,•IY u.c••U •Ir e.c NOL1 R IWI Taaara•Ir a.G N ow. Ir 1.• m .w.0 • G OWE m NOT uo.0 na M nee••. arc EQUIPMENT SHELTER SECTION SCALE .2.. pp .mar 0•14w..04 0N.xl ar ,,r me arnaro •/ •.. r. /NO Ir MY N«wa • AC. „..ro uv. 0..0E100 M.I..aw, v .I•.-Iw.r 9 v roumI c••a..01a srucnr swarm 0c.l5JN5 _ wR corwv. 04/11/a v•wm /e• wn./« ""e 5F°mR.i »w1 • SAN•707 TOYON PARK SECTIONS AND DETAILS DETAIL SCALE: 5 RIDGE DETAIL S2. 4 ROOF FRAMING PLAN SGLE: 2 S2 .Orin A 5.m.ry . Mery Mom.. OMl Moir *vas [awrd.t snrtn CTd1 aR o .mos. WOWS n WW2 WWm sW ((5 STWW 1." POW Os (q nOw WE Oi 10 OWE WO WW2 rvwuwu Os RWMi4 Lt. Wwar. m morcow. YSS 2M . O(. C.acr LE9 Now IT was., M (I{ Putl. RC. D l0C-41 f. 1- 1W ECTRICAI SYMBOL LEGEND ® .aa.TW"7 �St ® NOWELLWW1 mr .. E�r FR1rAL ABBREVIATIONS Ws mt.. 1411004 eu Wort accss.t WE n MOW.. TW p.. Or<mr Wm, M. WWt WOWED G on uouirta wu 1 s.rrx (_04 .T'. - SWOP 0.0 MKS WIES POE 0 123 01 * 00! /WEL 1 1W2 rtl[ 0OLCtWWI - h 0,23CO4 Wart RM. . W.acs CA•tcW • nowt WOWS a. %wn m • Wr(ti Orr sane now 61 . GOWi irrt WrIMYt µmW . ATWWS WrrWTOT 4 LMKr, lG• W COTIons Whit LOW u • WW cr sMn WALL • NwMltbxtin WIITC. 1Lr1 . w W YMn Nl • vlit v• • KASKMW nWerw term SkyLlnk Interconnect mam000- ONSOS \CES SOGSE SKYLINK SDG&E/SBC DESIGN SKETCHES AND UTILITY SITE PLAN Na WOE tar alter0 Cos., (CO I. nl ra43 Ie LL__I M[ rwas cum. r 0e. E. mnurcmt m .acro c roe... Or eau 3. h' 2.40( swan as arcrru COAX TRENCH GROUNDING TRENCH SCALE 31._r-0 SCALE: 7 8 POWER/TELCO PLAN Lam 2.ALL armmoe >w. * rerare nw ALL I/2 maMmw TOMMeaa Or mu t \ -rn for S MI ReWint , i CV., canmors 01.4045.43 °nn TO tom.0.141 . Kum, Of SOLI S. r-r/E Yin 91Me rn [T( row . xVtwt ranrNxr NOT USED 9 PWRITELCO TRENCH SCALE 5 POWER TRENCH SCALE: 3 MISS 1 <n..1 wa S"0ii e aaA rmowkO• SOrc t E. ftlrMClar N KW; MM. Of SOU ] r-rn Lin WNW lot W.CY. . CYXY, PIfAWY ...roil rrn rr_ 1lt Iflo ON, rnc nnet ®(fl t-re00 GoNsroNra <>u) ocnnc. Nor. "Orrin w x_rmrrE ®(xl M SLOT, ♦ .mpr AKs �(n1 urrrw 4CaMC8 Mr. OIM >/(r aVR Caa WS•1[ u[ ®I"1 ucr: rc>a ra 0u came ®(M .on n.wlc CO.. WWII) ©(.s, tt-o or.o.0Col mr p.m...CAE. ®(M r-r arc 1414E ® IM n ron:c Cora tEt 4)00 r or m ®ar rr0 Warm Ero-cowr rwrswOI , µ E:N0 IN) aor nwnw4 S w ors) pa) 0*L, M0E„ .mac' I Oal0 _s raOO, ra�uxr SK.0 wrt m rrro'.rw,w RI r-rrcwE S.urtn O0) PN Craw° 001 rranrm OI"1 aro-ET SIC Immm nrul Oa) S.-C-1r Wok m wrel . OW, uc ma ruE murn�—'—� O(q trtrr. 1- .[ Cowan na.ru O"0f usm 'Om wmuaxa ELECT .ru �a) .O.r."E./ I[.C4 Coarr OM woo. n.aru Nam NNE g lA nluu uprt POLL tC>(o Awn, no- ®(EI,S 140E coot trrE oar ©IMzmEr ., cam s. wn..r o z . a I/P I 0. r.Nw. A.w seomo MLEJJV. M •. 4 Minim Ok51 ask row.* re-slf , If. Cw. 4E1tA/uu. ta0r, arrwsta ;rare ma:.r ww.0 ,n. >.1 5717-00ort Torre.. 1Z/0 . IIr cle_ PENSIONS aartmr n/aya rne..Orr m'S, u,.0 Fro Mae, m/IC/4 Po, m'S ava0 rrq r >w.nra rapt/ix orsmia Mow Kew} om 3{O3 ow Coo Y• SAN-707 TOYON PARK ROWER/TELCO PLAN, SINGLE LINE DIAGRAM, & TRENCH DETAILS NOT USED 10 PWRfrELCO TRENCH SCALE: 6 TELCO TRENCH SCALE 3/4 +I'-0 4 SINGLE LINE DIAGRAM SCALE: r S. 2 E2 Mt.. *0 1103.005101.1.1.0 (py0 Wm 1 wi'amri' n� PTC FEATURES ',2-05.,...,, ;0M. Oa ,wu vs"wa-a15a -p 9of•a-i/a,fGWrt n0a5 sac Our .envy POPPY - 9rtaSPOSIS (n sr 1u41 I PPP OPP ern 41, 5ex Ia' u 0005 r010 (00 0•IR M ram SIOY y(011 MbW1r ISM MI 1.01 14046.2011.. ago 061011 ,1n1lY lao wP •ild iM • Von, MUIb1T 5.10.0 0, runru ME vu.1r he MM100 ozoo.e POWERITELCO CABINET (PTC) BY TRANSECTOR mow_ tx5 a N. ✓S/yL ELECTRICAL PANEL SCHEDULE 'A' a:, 00...25 m . 0015 (90 101 IA .POLE lm erearrne) revlurc 01 I a0 agraaa,nortrw haute 901,11390. I20n.01•00SrtCIM uplaNr 1. uiw. Ira.u'a Essom rWPM w.1wOP 9i0I•f0 cam. 0.0, lima* ufnx oa. uurt005 to. bw1. Ws.w'¢ ttrwo0 1r®one 0001 T1010004. SW, 0Pasch. FO$C(•o1 0,10I1112: N 50Kahl., Ga 5 (ai[av IM`5Ia• m co bars 00.1 OIL va.t Maw l000/010, 0. WillAiracturtd,Sitc2111 S•1 Diego.Ca 12120S10902 ltt ,M5AIW1 SAN-707 TOYON PARK ELECTRICAL DETAILS & PANEL 'A' SCHEDULE 0 (.1 Sena...- 0. pence a.oe .—... swcv wawno O.) •2 •u NO. Oln 1100' Rcrru seta uuw e.o. REVISIONS . u. nwc ma* TO maa Am... ^a'erscnomor FM WO M Iw4 %I OWN mw.a u.E QE1,�? x/L/G '''Y ,m.o +ru mc.a. R,/. ma a•t nsun .0 .. -_ e 07//....' �.�� , C _ _ /"( /. ® O' M'aaaoW1u �l W "w mu el noon nnnl 111 11 11 11 111 11 I MI women an.uw s(in11.M. "" y ° 7� ' \`(_j O 1 .'L..R.1�b.1 11 1111 n II ILn1 I111 I1 Wa1c.Ile.t. �� i• 1 ® 11il' % �� ° 6•I -� -� o 0 , O• ai CIWEr am.o uuri. DIG. or Of 1I., Iew...1.M � m fro, cum,c'^. ® e N N I� 4w.L9 9F4 11 11 11 1111 11 0, 11 11 11 11 11 1111 1111 11 n 11 11 11 11 11 11 11 1111 1111 11 11 11 ti ° r � � OI ---1 ®Ml .mmw., w.n.c we °Mlhww ..ocnn wE �.s. ,cww F. W m o m � w¢ 'i,•j odm . - a;t,: t t+ i i+t� ti ` '•tttttt2ft� tittt ice! nr.ILi x.. --I q^r° ^� 0 �o• ®M,e.w.� Go • 'my-• 1 Y �•• Rru ....1. 11,_7 "" i i�r+ov a,wmn U o QI ��• _L'�4� " :'- LW ° ° ° -]" ®(xl .w RIo1.1m crviocrxw uo �` ON ua ma' .w"o a. ..w, ream ® �.�(n P Mnrm:. c.v., 0 V Vm w • r� o w o 0 �11� 3 . vl Mm n n w»i ° ° 09 .E I..,.. . It . +uw.m (M d sere iw....,en ° ew . 0° v ° 14 nre...Del 1n. I.. MSA °Mors. *a., du 1wn.., eau. . 01 a.oar ..a.a m ..m... MtiW+..1..:. He NM MwvN.S:.YR s.o.y.amn s�wt. a• Lrr °- scut. o' z' 1' e' GROUNDING PLAN I 1 f.d90.1W GROUND BAR 3 .__ �� .wnwr R, 11..eIK'LL. or4, V.I..00Y Lend.. u, Ytiy --._ ° 1 I! I► I I ' O O eao ' wWl xonm.nr MICE FM p---ch m. eon >•d J ..e ..... w.wcwE hIwomr... - eowaa eRo.o ., . Y-Y m1w Ot..A a.a pp, un.=n. •a1n..11�. 1 I uNo..... O ° I I . I H i.i ..�.� IIR"'fp+ pp//�w,.1yy�� o.>m ter ,a.mwe „w-ur.wwe 1. n....Iw..m 1.. . 9RO^ma r[Rr.aw xIFM "1 viceteirrerm..) went n. m T, MOM, bC naE SAN-7 (_._a.,,•.rA.•_ Rom. TOYON PARK TOYON ° I1 ff ° ' •'•- •GROUNDING 4 �'•\ NOTE: —•— —_____' �7: -: GROUNDING PLAN, SCHEMATIC AND DETAILS sr. ...MO ..cu..mc uah al m. wow �jlf (/y� ET GROUNDING SCHEMATIC SCALE: 2 GROUND SPLICE - - 7 GROUND ROD ,�?`:i•`'_M- 6 HEAT PUMP FAN COIL UNIT SCHEDULE O. •0 KdY aN OR p s OLDS 16 }i A P M 11 O IM HEAT PUMP CONDENSING UNIT SCHEDULE nma 1006 GOMM R 49W fr1 aul C@ HEAT PUMP FAN COIL & CONDENSING UNIT SCHEDULE ix CA AI RE CONDENSATE DRYWELL DETAIL 15 WM uu. xo ,n .ALL uss ..aw.11 mar m naN, u uaxNa FAN COIL UNIT DETAIL . ..Nli _ LOCO AC M PAC ..M .wmP r.Nr a mw. CONDENSING UNIT DETAIL PRPMm YXOTvr ., m]-WO.N n NQO y.51T1.' 7EQ1 roam wv..MiN A,..w.w.mAA. WE WA,• a.N... IINJsrE 13.NI SCCO .uwrtNnmas AW ow fuKa .. No (24*4 NE' '('03- WeF. Wnl� n mod 1111A Y000. ]WIL WM oval mNn. VOOL ,ran• n . ui uooa mal sTm WOW K VM M .00. SCOW SW. O]aE OfA£CIION PAVE Wall. m TM uaon MOPE STEM Wat news la co. r SCALE a' T' 2' v; aw.n w mmm COOLS e 1vo 9 MN4A1FIIM Y/MEW ...4 Mw t-02SOMOOED. WEIoxf tors. vu ll 4. 12 I. Im..a.aw.N ..w..a. NE as own. sw RI MOO NM OwOo. N.m.L.N[hawls+. own L ia.Ore[m. w.a..,m. N,ro,mi F z.,•. V • �i.. >wi nN m ITE M WON OP. Wol. IN en x:N.ENN noun Ron rt ...No, woo, Y.II03S7.1P0OMv.6F YI.iID. gMpm OY..px .•o smnn. uum • W9T IW IN .0 6Kt 03.1 W /K Won ,mRv.P S. NNW.vvm w*NS nivUm son rK u Rww W v[vo.n 0Y%' sen..i Srv1[ xx.m L a TA ij- .,w0* Neimx.F x✓0t i vnf Y.md lea .<Kma.m RI NW Nx. RNv• `aONNIEDIANwO ...Co No on. +.c xo,Nu IFr... w airo.i Nana.. I. Of.. R. No. Ne.E e.ww.sw.a . <.paei"p4pNF mes".r.rwe�a.a..m .o.�"o... MrtVN. 1 a.,a.w w.a,N 1.. �.<* m Via. it ia..o R..uw. ..mane Rif .. Nam aeon.. cmr. DOR. 3. K N. .u, u rarm m po row on vu�p1o.w.<.eoume m ¢,.a.a. a. ON WO a AwAin s f1W. ?AA Ft Ma*. 0*.Cm2Rt' scn£: 9• e• 1' 1' w r �' ' ' 16 WALL MOUNTED SUPPLY & RETURN LINES I ,/;'.,•_o 14 OSSCIOP1.1 •Nll(/CµCN LIGHTING FIXTURE SCHEDULE a2Nnac NO. Rrn snn., IM Iba{�N alone { ZanNQ I. .CON..[ Lama 6 Nor MUM, m.rVl11 .Ova ""'... aa•. ROOF Nan... • COLOR wiri 1N 4.5 tm ro. r.mArr Nn. H..N.aC w.rtsMw.eNf oalTS eaur.ra o 1rtu c.'mi-t : m Nry SNfE 6 Rlwmr a1Q .m < SA. S4 rt. m w..,l ONN. R ORMN.. m .SWM(WXI IIY...FS M.S N[ 69.11M0 .ICI m19M10•C1. VY.SI Mf WV OM 0.O11.ww co-NOOR. ® AO. IS ON. NNI. m ml.. W... <,.ielli/mrt. a wMNm SVC. tea *VA LIGHTING FIXTURE SCHEDULE cro °On4i1)224 2n a) aNNm y r.,'"'•oki - u•P _�u�,Il,yri v � .YMN. WM.. „ow ...NA Oar la .maxi .wo new oo. m ss L raw 60/11101. RC rootwat WOO NO * WO. •ana ..e wo on.e THE te .a mu.0 ISwF art .. 09.1.1•110.1.4.411. w�im..�udO�Y a�MauN� A .ail�� b Y ` vnu�N .�a ass i ` .tea. ar�ewe`�i.-�i i�rti�.m; sw •en x i,[o++.n.rt 17 HVAC PLAN ROAMS IC OWN/ ceionwornION STRICRY • own. WenSIONs a om. GrE N9MC m/1-' • PMt2 coo 01/• Rt/,./9i MSA REFERENCE NORTH VSa SCALE I O. 1' 1'?' I' SAN-707 TOYON PARK A/C PLAN. SCHEDULE. DETAILS & LIGHTING' SCHEDULE M1 keNRIYIARa gag..An W Ca•.YYIGTR.aMf REM Irwawarrce COMPICATe corRwlte..a.la rev-J smolomEa® I aAWCATE Of CO&#UAa a...asa Rnf.J Icenvaaae oe COV.uMa ERYA-4(cEEmcanae c9Hnwfct I.r M.Rs ,. oroa, m...c..m.a n • • SYSTEM REauwlrt: Lisa YEcxdd rumor Olt Wow kR4b arE mmWTMY YEAEYREE •_ .5.11.11111.1111 CI IAEIb�r1F.- A1.4Frg=,nnnRmemm f11V<'HJ If1ELHAHICAL YINRATORYYEAYMES M l aWHOATCY YEAAURE] Mali YECH* rr .. I Yr. WN,. ! rm.. I • 0 CHARLIE ry k ASSOCIATES. INC. dR RM9ONS oati 0 MSA SIAN, l4SSIAR s.aISMOSS n e. nau.E a.el9aa.0 . SUL SAN-707 TOYON PARK ENERGY CALCutAT1ON T-24 P.1 ENB LTG4c PE MCOIIPU NCE LSO tt SSIW gdNlMNCE —sagarsuramrsessmen camas du1.q LT6.14 .SC✓— Li u-1 ID� d....hodsimuno Agar Ursa sr* I-- c-w f'7n.Ad l r74,11 ir—.n..rr.w �..W�... ao I'"'c9 �Ier asOWNI•sreeM ..r.s.r. ❑e 0a_r,r oa.v,....au....a —I .om.roro.rl Building Departments: .1.N41t tl a. LLLGIC ® IMIIIIMMIMIIMMENIIMNIMII INM� �NNM�MINNIMIIIMIIIIMINIIINIIIIIMI �NNIMIUMNIPIIIMINININIIMINIIIIIIIIMII N� I= MIIIIIIMIIMIIMIIIMMINNO IA MI I�= —____ ���NINI NIS MI IIMIIIIMIIMEINIIMINIIIMINIMMIll Mil MIIONNIIMINENINIIMIMINI N IMENOMIIIINIEBUIMMENIIMIN I—Ll--t•--NIIII MO NiMNNIIIINNIMIMMIII•NIIIIIIIIIN OMININNIMIIMIIIMIIIIIMIIIIININIMI =II INNMIIIIIMIMIIIIIMMII=IIINIMM • TY. J, Quw—rww.ur�ru 1My w.w. ... ..... .ar.r1+�enr . pee.. ....PRY. UM. My Oa.e Yaw NTEMORLIMIIMPOIflRARLON/YCE Mgt Ias • "A M w —rr JGNTNG MANDATORY MEASURES LTG4AM NI ... aidogringadg 0 - ...__.........--......�...r. ®. - REN9ONS ossams.s. as 0/:1/0 LWAI!1.4O fW MSA pgyGRm MORROW! F, SISICINi SAN-707 TOYON PARK CHARLIE Ell t SE ASSOCIATES, INC. ... Ado ai-.m LIGHTING TITLE —24 LTG ATTACHMENT 3 PRIME LEASE to the SLA dated 200_, by and between TMO CA/NV, LLC, as LICENSOR, and Cricket Communications, Inc., as LICENSEE. The Prime Lease is attached hereto. T-Mobile Site ReferenceSD06534A/E1 Toyon Community 07/26/06; Page 6 nri, ta.t C7« RPf"rrnr-• SAN7(17rV w Park �3 SITE LICENSE AGREEMENT This Site License Agreement ("SLA"), entered into this day of , 200 between TMO CA/NV, LLC, a Delaware limited liability company, hereinafter designated LICENSOR and Cricket Communications, Inc., a Delaware corporation, hereinafter designated LICENSEE. 1. This SLA is a SLA as referenced in that certain Master Lease Agreement between T-MOBILE USA, INC. and CRICKET COMMUNICATIONS, INC. dated April 28, 2006 ("MLA"). All of the terms and conditions of the MLA are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the MLA. In the event of a contradiction, modification or inconsistency between the terms of the MLA and this SLA, the terms of the MLA shall govern and control. Capitalized terms used in this SLA shall have the same meaning described for them in the MLA unless otherwise indicated herein. 2. Site'No. and Name (if applicable): LICENSOR: SD06673A/ Sweetwater Heights Park LICENSEE: SAN725 / Sweetwater Heights Park 3. Site Address and the Land which is more particularly described in Attachment 1, attached hereto and incorporated herein: 3859 Cagle St, National City, CA 91950 4. Site Latitude and Longitude: 32.66190000 Latitude /-117.05760000 Longitude 5. The LICENSEE Antenna Facilities to be placed on the Property and the location of the Premises are detailed in and shall be consistent with Attachment 2, attached hereto and incorporated herein. 6. The term of this SLA shall be as set forth in Paragraphs 4 and 5 of the MLA, except: None 7. The Rent commencement date of the SLA shall be the first day of the month following the earlier of either; i) ninety (90) days after full execution of this SLA; or ii) the receipt by LICENSEE of written notice from LICENSOR of a Notice to Proceed permitting LICENSEE to commence construction. 8. The Rent for the first year of the initial term of this SLA shall be at an annual rental of Fourteen Thousand Four Hundred Dollars ($14,400.00) to be paid in equal monthly installments on the first day of the month, in advance, to LICENSOR at the following address: PO Box 70870. CM 9762. St Paul. MN 55170. or to such other person, firm or place as the LICENSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. All Rent checks shall have LICENSOR's site number clearly written on the face of the check. 9. If the Property is subject to a prime lease, license or other such agreement affecting LICENSOR's interest of the Property, a copy of such agreement is attached hereto as Attachment 3. If consent is required from Owner, it shall be attached hereto and incorporated herein as Attachment 4. 10. LICENSOR Contact for Emergency: 888-662-4662 11. LICENSEE Contact for Emergency: 866-688-6058 12. Special Provisions: None 13. Amounts, if any, to be prepaid or reimbursed by LICENSEE pursuant to Sections 6(b), 6 (c) or 6(e) of the SLA. None T-Mobile Site Reference: SD06673A/Sweetwater Heights Park 07/26/06; Page I Cricket Site Reference: SAN725/Sweetwater Heights IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. WITNESS WITNESS' ATTACHMENTS: Attachment 1: Legal Description of the Land Attachment 2: Plans and Specifications Attachment 3: Prime Lease Attachment 4: Owner's Consent Attachment 5: Memorandum of SLA LICENSOR: TMO CA/NV, LLC BY: PRINT NAME: Allan Tantillo TITLE: National Systems Development Manager DATE: LICENSEE: Cricket Communications, Inc. BY: PRINT NAME: TITLE: DATE: T-Mobile Site ReferenceSD06673A/Sweetwater Heights Park Cricket Site Reference: SAN725/Sweetwater Park 07/26/06, Page 2 STATE OF WASHINGTON COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that Allan Tantillo is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the National Systems Development Manager of TMO CA/NV, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Use this space for notary stamp/seal) STATE OF COUNTY OF Notary Public Print Name My commission expires ) ss. I certify that I know or have satisfactory evidence that is the who appeared before me, and said person acknowledged that he/she signed this instrument, on oath statedtth t he/she was authorized to execute the instrument and acknowledged it as the Cricket Communications, Inc. to be the free and voluntaryof n the instrument. act of such party for the uses and purposes mentioned in Dated: Notary Public Print Name My commission expires (Use this space for notary stamp/seal) T-Mobile Site ReferenceSD06673A/Sweetwater Heights Park Cricket Site Reference: SAN725/Sweetwater Park 07/26/06; Page 3 ATTACHMENT 1 LEGAL DESCRIPTION OF LAND to the SLA dated 200_, by and between TMO CAJNV, LLC, as LICENSOR, and Cricket Communications, Inc., as LICENSEE. All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Quarter Section 100 of Rancho De La Nacion, in the County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at the intersection of the East line of said Quarter Section 100 with the centerline of the 50.00 foot step over which an easement for road purposes was reserved by the San Diego Land Corporation, in Deed recorded in Book 806, Page 70 of Deeds, records of said County said point of intersection being North 18°34'00" West (record North 19°00'00" West) 461.60 feet from the Southeasterly corner of the Northeasterly Quarter of said Quarter Section 100; thence along the centerline of said 50.00 foot strip, the following courses and distances; Southwesterly along the arc of a curve, concave Southeasterly, having a radius of 1160,00 feet through a central angle of 21°45'00" a distance of 440.35 feet (record 440.30 feet) to the beginning of a reverse curve, concave Northwesterly, having a radius of 1160.00 feet, Southwesterly along the arc of said last mentioned curve through a central angle of 18°38'32" a distance of 377.43 feet to the True Point of Beginning; thence continuing Southwesterly along said centerline 205.65 feet and South 45°59'00" West (record South 45°33'00" West) 217.32 feet to a point on the Southwesterly line of the land described in Deed to Alice Trubee Sallmon, recorded in Book 806, Page 70 of Deeds, records of said County; thence along said Southwesterly line, South 51°34'00" East (record South 52°00'00" East) 12.53 feet to the Northwest corner of the land conveyed to Casa Peoples and Pauline Ora Peoples, by Deed recorded in Book 401, Page 7 of Official Records of said County; thence along the boundary of said Peoples' Land, South 68°34'00" East (record South 69°00'00" East) 200.00 feet and North 53°59'10" East, 487.65 feet (record North 53°22'00" East, 488.30 feet, more or less) to the Northeast corner of said Peoples Land; thence North 72°56'06" West, 292.31 feet to a line which bears South 54°10'28" East, 25.00 feet radially from the True Point of Beginning, thence North 54°10'28" West, 25.00 feet to the True Point of Beginning. T-Mobile Site ReferenceSD06673A/Sweetwater Heights Park Cricket Site Reference: SAN725/Sweetwater Park 8 07/26/06; Page 4 ATTACHMENT2 • PLANS AND SPECIFICATIONS (including description of the antenna location, and location of ground equipment on the ground portion of the Premises) to the SLA dated 200 by and between TMO CA/NV, LLC, as LICENSOR, and Cricket Communications, Inc., as LICENSEE. Proposed Equipment is defined below and Plans and specifications are attached hereto. Number of Antennas: Three (3) Antenna Manufacturer and Type -Number: EMS RR 65-15-00-DP Weight and Dimension of Antenna(s) (L x W x D): 56:x8"x2.75"/ 13.5 lbs ea MW Dish diameter and approved RAD Center: None Number of Transmission Lines: Six (6) Transmission Line Mfr. and Type No.: Andrews or similar Diameter and Length of Transmission Line: 7/8"/75' Location of Antenna(s) on Tower (Approved RAD Center): 32' Direction of Radiation (Azimuth): 30/150/270 Dimensions of LICENSEE Ground Space: Zero (0) Frequencies/Max. Power Output: 1900.625-1904.375, 1980.625-1984.375 MHz/50.55 Watts Additional Equipment to be placed on Tower: None Notes: 1. The plans and specifications attached hereto are provided as SLA attachments only. Approved Final Construction drawings are required prior to commencement of construction. Actual "as built" drawings shall be attached and incorporated herein at the time of completion of construction. 2. This Attachment is to include any plans for routing lines, utility wires, etc. on or across the Land. 3. Frequency and Power Output information is provided for purposes of monitoring compliance with the interference sections only. T-Mobile Site ReferenceSD06673A/Sweetwater Heights Park Cricket Site Reference: SAN725/Sweetwater Park 07/26/06; Page 5 COKNETE COO 414 Co. OM .0. COMP K py CO.0.a PAST Kt 0C941. me� Pt POT 1K M. 9151110 -m. 14.Y 90. COOT E3 0Y>.M ECOL . .0 969. • .494 ,.sr N s 001.e.m11 i6 OF r.�M K m*600 I.O.I. F. 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IOA4K CHORE SOL KM VOILA MOMMSPM MM C*S1 ono AAMl050MMONS. P 1* 1044 OM PMCIJM d0 CIIO0MMT1[ fOlit Mt C1464MO IM 15MS1 ON SS MIJ�MR . MMKIR COMCIONMYJG MOK9K15. 10MKM.OMIOM l0AOME,11C,. TMI TTAT t.A,CRM HRMK LOOM OMMM10IKOM0M! IMM0HM! NAM OW11R, LI !! 404A3 40345CI001 SW. K 04PO1.4 Po M1ML1M M COOKT! (LY CKIM OM NI WM RM LO PEIM Me INC ILMO MMM1 NC<I MI! le IMMKI TMM. SHEET INDEX _/_001 MODEL, CEV-101686 10'-0' X l6'-0' X 8'-6' I.D. CONTROLLED ENVIRONMENT VAULT WITH FLUS4 HATCH VAULT DESIGN - GENERAL NOTES 24 No. C 69412 u 1"M1� 73.I,, Cry1A. }•ti" s-e.s lr - tee - CONTROLLED ENVIRONMENT VAULT /04M. TM WYEMY......LO SHEET e OF 1 y-- 04OMIM3 M Nµ11use•Omom c 0110I.iMrIM.SAM101 SMdg4.C.111J1 It1901M0 SAN-725 SWEETWATER HEIGHTS PARK GENERAL NOTES S1 .'a4.. _ .A.I ,.10:. Am 1 4 REVISIONS ELECTRICAL ASSEMBLY C NWTM VTIa 6" 6" 3' 111 H1 e5so 1' 2" 7" 11.-2- I0 l 6 �ma w.0 .wc. 1 1/1'1 4ewIM 49•M laaw me horn; 7 l—r•• nswwn erte 7- wl.eal wwwmn 7" 16' 7" 17• 2 CONTROLLED ENVIRONMENT VAULT FLOOR PLAN 1.1 0. w1 ra aaw, no111N.1 p Ca1r. 1 In• Yee MMI 3C 1 1 I/1' MoMu acmw Iaou 111E or sV. C"-MAKE CORRECTIONS NOTED ❑REVISE AND RESUBMIT -R4EWED °REJECTED Cn.a6lg B my tor general enernnanca wan na asynsmoot of n1 peeled andgeneM mlgHnce WW1 Ow Iduonalm 9WOn In 4o monad d0Nnanle. My mica .laws Isadl.d to OWL monorails of dd plans and epecMullmi co,mob w kl dmewfims which OW be mtFmM and care3led al nu Oslo, labr1a16n porous and Woggles dmuln0AT, cmrdnal'on d IAe work win Owl d aA Doer Wes, and na soldadoy p.domana d Ns wad ENGINEE/i�WO9j{1}ICNRAL SOLUTIONS (� / I� BY L. fie' " SATE l /V y API 001., owl 1. 4W dq ,.rG 0 0 0 mQ ELECTRICAL ASSEMBLY D REFLECTED CEILING PLAN v,OFESSJO , 2G RYA`, 1j . u. 17U. L, , 50 S.12 *69. DEC # in OF CAOf GENERAL NOTES FINISH a COLOR: COLOR FINISH INSTRUCTIONS F 1 Fenn FL • FLaAr BF a Boom. Foosn SR a Saar Tome. iOR241e *CM04 0: PSI CONCRETE IN Z8 DAYS WEWNr fw. roams): CU. TOR.: BILL OF MATERIALS I TEN DESCRIPTION OTT. No. REWISIW/ISSUE DATE ROCKWAY PRECAST CONTROLLED ENVIRONMENT VAULT 111.0.1.1.111 W-P A N'.Y ......R Jos F BATE SHEET 11 2 OF 1 VAULT PLAN SCALE: MSA an,.M.. tro maw om moms,. .n m651ae)a Fc9Sw.rM 2Dia SAN-725 SWEETWATER HEIGHTS PARK ELEC. ASSEMBLY D ELEC. ASSEMBLY C REFLECTED CEILING VAULT FLOOR PLAN S2 VAULT PLAN •r R"alAle •r Rlta fK MN=1o• ELEVATION A "raw �,RM R=010 ri 18 fsuc V_ IN N. rasa MMw 41we ate R0e1 in (talc •SW a.an row nes wu rVR 16' 17' 2" ELEVATION C Ras \KE CORRECTIONS NOTED CI REVISE ANC RESODMIT QyAvrEWEO eta, w11,.ac maw NH ` WI K AT CREJECTED Chet168p aI forge,.ml amdamRilcE wBt the OeSIg6C6nap161 tl1E paler( and geden1 camplaece with the Wemalbn &Ranh Ile amtad documents my Allen Molests wiled to the NaquYemanis rate ohm as apecinedna. twaddle Is NaponsialeM alelaaMa 00110101m eadima Ngcaneated N de lat oat Wake pommel and ledWqun d mldl W hL comdlrnlion de alert ioPh dial and dear trades, and In satisfactory peddnna ce el Ns ENGINEER S uCTURAL SOLUTIONS BY DATE DATE umn a wsa.ow .a nowt I D. 03Y HAM1a 1100 Tel QF CAUF s r. 0➢O 01101 ELEVATION B 100 RA nM ELEVATION D r 18 YP MAR 3 1 2004 0,0 tNs1 T.t.m 20 II[ 116001 INCH 9EUi ot1 GENERAL NOTES FlMSN 6 COLOR. COLON: FINISH INSTRUCTIONS F = FORH FL = FLOAT BF • Semi Faure 58 a S111E TRowat Carcaere YoIYNIC PSI CONCRETE IN 28 DAYS WEIGHT (IN rooms):: cu. ros.: mu or HATERILS ITEM DESCRItTmn Oil. NO. 'REVISION/ISSUE DATE ROCKWAY PRECAST nMaw w.. CONTROLLED ENVIRONMENT VAULT Rw.TTn rcx a war- a war SHEET a 3 OF7 Joe E DATe REVISIONS PR MSA 100,000I111N000y.4 HR6nrad.5vVVE SNI go,4RIT M0RSXRla NEIAaa11R .At 11w SAN-725 SWEETWATER HEIGHTS PARK ELEVATION 8 ELEVATION A ELEVATION 0 ELEVATION C 3/6' I' 0' e— S3 Re row.. wow.. SIS•00 o MS SR s SconnnoR. .speoss.urr el MAISIE Mr ism ,. .OARS mmSOARS MsossmfNs 4 QMAKE CORRECTIONS NOTED °REVISE AND RESURWE C (LIEYIEWED CREJECTED Chiding on¢ Its ovum cordoRllance web en onto concept N the project and generelo npllence "eh the hlorentbn plrn h I . men doe rants. keyed,* dm. le 'MOH Nee regoMnimb d Rw plmseM epeC6calMs. Co NxM 1. neepponmene ice 6mndaee Mid shall beeMfennedend =Waled al M jo6 ON IaNlnplbl ,IOCesees and technique. d mMmcIor, coard nalbn d IN heal wet that daa dherpades, aNau satMederypedomwMe d Ms work 3` CLOSE NIPPLE ENCINEERI AS TURAL SOLUTIONS INTO CONCRETE DATE t / THREADED COUPLING CAST (PROVIDED BY ROCK WAY PRECAS�iy 7—/_Oy . `� VAULT SEAL & POUR KWIC() SEALING CEMENT hr•:•a <Li & FIBER KIT AFTER CABLE INSTALLATION. (SUPPLIED de INSTALLED BY GENERAL CONTRACTOR) INTERIOR WALL ELECTRICAL CONDUIT INSTALLATION DETAIL GROUND INSERT W/ DUAL LUG CAST INTO (A) EACH ENO (INTERIOR SURFACE) EXTERIOR END VIEW '0' 3 PVC MALE ADAPTER FOR ATTACHMENT TO SERVICE CONDUIT OR CONTROL (PROVIDED BY OTHERS) CROUSE HINDS OR APPLETON TYPE EYS SEALING FITTING FOR ELECTRICAL CONDUITS ONLY (PROVIDED BY OTHERS) GROUND WIRE CONNECTION EXTERIOR SURFACE (BY GENERAL CONTRACTOR) 0000 EXTERIOR END VIEW "B l .A,r'UR� e 11 L s No. C 59812 * Exp. :. VOULT ELEVATIONS nN GENERAL NOTES F IMSN A COLOR: COLOR: FINISH INSTRUCTIONS F=Fen. FL = Fula, BF . BnooM FWIsn SR • Ulm TOMO. Cowrele ..M.ro.c PSI CONCRETE IN ZO DAYS WEIGHT mums): CU. YDS.: BRL of HAIrOmt.5 1701 DESCRIPTION Orr. REVRIoa/Issue DATE ROCKWAY PRECAST CONTROLLED ENVIRONMENT' VAULT NEN.T.re n. a N•.f a IS 1• SIIEET R 4 OF 7 SCAIE 0. I 3, 5. RENSONS o.n SAN-725 SWEETWATER HEIGHTS PARK ELECT. CONDUIT INSTALLATION DETAIL EXTERIOR AND VIEW 8 EXTERIOR AND VIEW D S4 tint, Onwegral a MAKE CORRECTIONS NOTED ❑REVISE AND RESUBMIT C\IIEVIEWED C]REJECTED CM44I211 Cot genNal oonlom ante *II Me dnlgn accept of Ne ploleA and general conpklce WW1 IM Nowalbn gNM In We tal*aa daamenl0. Airy aabn sho. b soblea lo M Iagokemeda a to plans and specifications. GaBlradorlsraponable lac Bmnsbne .ddch shaebe ce411m8daatW1e1RHd el v. rth me, lablealkn wools ofMeoak KCId RAa1 oerUld1Sald 0t ldorypedm®a aai Ncoo.naron woof. INTERIOR 4" PVC FEMALE WALL ADAPTER JACK MOON PLUG CEV—VCS (OPTIONAL) 4' GRC GALVANIZED RIGID COUPLING PVC DUCT BY GENERAL CONTRACTOR INSTALL WATER TIGHT (TYP.) -- INSIDE CEILING OF GEV INTERIOR SUMP 3 PUMP PIPING BY ROCKWAY PRECAST ENGINES G 5jR3 CCTUGAL SOLUTIONS BYDATE Y' ` - 6 1.26-4 SUMP PUMP DISCHARGE LINE INSTALLED BY GENERAL CONTRACTOR SUPPLIED BY ROCKWAY PRECAST 14 GAUGE STEEL FITTING IN WALL WATERSTOP _ BY ROCKWAY 4' GRC NIPPLE COAXIAL CABLE - CONDUIT INSTALLATION DETAIL - - MACH. BRASS W/ 3/16- STEEL ROO ATTACHED TO REBAR AND GROUND CLAMP REBAR BRONZE GROUND CLAMP VAULT SUMP PUMP DISCHARGE PROFILE / DETAIL INWESCO GROUND INSERT #12G69 THREADED BOLT I/O GROUND WIRE (SIZE AS REOUIRED) REFER TO ARCHITECTURAL SITE ELECTRICAL DRAWINGS FOR SIZE OF GROUNDING AN^ TYPES OF CONNECTIONS. (PROVIDED INSTALLED BY SITE CONTRACTOR) GROUND INSERT DETAIL (INTERIOR ONLY) GENERAL NOTES FINISH O COLOR. CDLOR. FINISH INSTRUCTIONS F • FOAM FL • Exam' 8f • BROMN FRAM. SK • Slur TROWEL twMtM L•MOO C PSI CONCRETE IN 25 DAYS WEIGHT (e1 MUMS): CU. YDS.: BILL a MATERIALS ITEM DES0AWTICN OTT. NO. RENSA)ITISSUE DATE ROCKWAY PRECAST CONTROLLED ENVIRONMENT VAULT f((feW.TTn s.r • N+W e • I. 1.1 SHEET 1 J. 50F7 DATE MAR 31 2004 INTERIOR AND VIEW SCALE: 0' 1' 3' 5' ElaFa OarE DESCaeron MSA .Ydbes.sM5.AY• aY0Edo5.effi s.o µumn AM OM acM CAT 1 SAN-725 SWEETWATER HEIGHTS PARK VAULT SUMP PUMP COAXIAL CABLE GROUND INSERT DETAIL S5 I. MUM. »R•.. 0G0.wleCOMINJOIele - Mesta >R041,17.3 R •ems DETAILS CFlMM�Kfi CORRECTIONS NOTED I] REVISE AND RESUBMIT VIEWED ❑REJECTED C6 eMist Is *Ike ymRal cordonna o MO Ilse daslpt ccocepl d he infect AEATI a111' M) osp1nPn will M h)mniden BNm h 01a cmipd (Eosments. nyIda,N show Is 1RW1d 106N 1Ral/lsmos d EA plans and Sp11*SOI( E. al wSPm'IWe I4 AIMMIm55dllch lhogbe MhRedandemElaled labdfiWllarmy: and Iodo✓91Hs d colstr Rks%eym[Oilbn d k?Rwoork RIh WI d Ypanne: We!, and ha.y6padon. pndan..ol Ms ITEM OESCRM110N 1 200 A 1.0M CENTER 11111 MS NM 40 TIEANU CO141IOOM)0N PU PRCy1CC15 OMRRICS SECO E-S 2 MM10111IEI4t14., C001110L CONES 1 /AMY CpniwtoN BOX SYnca N1111131010 S Stet. SCREN COSCR RIC(0RT a Saud PIRM T 01M 510P lecll LLVR M.MM SRI1C11 0 I' SAME AIRIC1104 SOS AS RONANEO S DIWQ5 RECVIRCLE as REOWICO CR t0 EMEACOCT MOM N/ (MOERw POREAMO BAC11.1 ) 11 01RE0 a- MINI POP POW CONNECTION 12 CAMEO WINS 6M (M010IIRIC PODS YI (2) LOCATIONS) 15 00N1.0101. 11 NOP 115E0 IS 5110IE OCTECIOR le 3 ION R.C. UMP 12 IYMCM REPS ID RE SNIPPED RIM Taal POI ascwrnml 1 1/4' AWE ECU. 40 PVC MMIER 2 I 1/eit0' LG. SO4. 40 PVC 2 I I/I' soH. .40 PVC COMM.] 2 I t/R- SCH. ,0 PVC NT.EL9e. 1 S'....- .0 ....NM. rod PM.(R I OPOIMIONv Wawa. 1 IN101 1 2' SCIO. 40 PVC SOAPIER POI TELCO ENOINEE IN CTURAL SOLUTIONS BY i�� S f DATES Y• eRV.11R M 0rel MORUI 4 A1.1 lee 4.1• •sire : l" MOM N6m MOM 0000 CD MOTE f1111 11NTc11 1e at sE1 (0*Rt0E (00 0RIEI0). t Ale ELECTRICAL ASSEMBLY B MAR 31 1tin4 GENERAL NOTES FINISH 5 COLOR: COLOR: FI141511 INSTRUCTIONS F • FORM FL a FIN, BF a BROON'Fonsu $R • SAW TRo,,aL Ulolte Amos. P5) CONCRETE IN 26 DAYS WEIGHT (aN IVANOS) CU. VS.c BLL OF H.1ENI.Ls 11E11 DescawsIAI OTT. REYISICN/ISSUE Reit ROCKWAY PRECAST I CONTROLLED ENVIRONMENT VAULT Oln.Tw, IP, R N'-C 1 PYU SHEET la Jwa 60F7 DATE REMSONS Mscervneas Peo..w. CO'S MSA Id*. ARw'M Fe 1AMAwe111.2I101 SA PV5eCA OM 0,11 PA MO.. NA515M.iH2 y e..m . SAAr . >rw SAN-725 SWEETWATER HEIGHTS PARK ELEC. ASSEMBLY B s' 1 S6 -MARE CORRECTIDNB NOTED CIREVISE AND RESUBMIT C��IE,VIEWED OREJECTEO CiRc)i g M Rklot genre toolmmante Mtn M Mslgn omen! al Me prated end potaalaalgllsln:e eh Me idanallen given M um NNhad documents Ary piton s5mtrsublM enl Io Ow («Nimmsal Pa plans and spedhpa s. Cos1elIs womlOrdmonsim0MKhsIHA bm tOSPmed and undated el the Icb sEe, f processes and Iedlnques d OnRrucfloo. caoldl9lion NMBalkwindlal 0kthat o1asMMFa-Ades,and Wesailfadogpedaant: DI Ns 3/4�� GROS DUCT -� L MIN. 1 / 4" '- MAX. 3/8 70 All AROUND BOTH DUCTS. BOTH SIDES OF NALL — TERMINATION p1Cr COVER i CONCRETE APRON BY GENERAL CONTRACTOR 20 PVC C905 DUCT (21.64) FRASH GRADE i I 20 PVC I C905 ✓v;; J' RnI0IG :: d iA' GRAVEL SWAP 20 ' PVC C�05 DUCT (21.N) EXTERIOR ENCOFESg1I�tIN=C�S5�]{M, CM_T�URAL SOLUTIONS �% BACIBYRGO C .-� DATE / _ I - Ol OPENING m INTERIM 2Ih ROCNWAT PRECAST 20' PVC OUCI 'GENERAL ELECTRIC' 2700 SRPRUF SRIC0NE SEALANT NOTE: GENERAL CONTRACTOR 15 10 ENSURE C0140U11 CONNECTIONS ARE BALER TIGHT. HVAC DUCT GENERAL CONTRACTOR SHML BACT4FILL PER GE0IECNIKCAL RECOMMENOATION CONCRETE VAULT 10 HATCH PROVIDED OT ROCRNAT PRECAST NECK POURED IN PLACE BY GENERAL CONTRACTOR ANCHon BOLTS O OOP DRAGNETS DT GENERAL CONTRACTOR NOTES: MIN. LAOUER SPECIFICATIONS: (RFD KLMOOER) - SECURE() TO THE WAIL ANO BASE U - FASTENINGS INTEGRAL PART OF UDDER DOER 510E RAILS PROI.UC ADEQUATE GRIPPING SURFACE - SLOE RANTS FREE OF Swint. Was 0R BURRS RUNGS: - WINN. DISTANCE FROU 1HE CORER CANE OF RUNGS 10 THE ,_T NEWEST PERIAAHER TAMER OBJECT IN BACK OF 111E DER NOT el". �:• VIERS TIME ARE. UNAVOIDABLE OBSTRUCTIONS. MINIM liSNO24 CLEARANCE SNOW/ BE 4 I/2' W/- 1NNIN MICR Or METAL R1N4C5 3/A' 0N 0IRN CLEAR LENGTH I P 1 4" MAX. SECURE 10 - MS mot 1NMa II' BETWEEN RUNGS VERTICAL 0STMICE 0r FIRST RUNG FRO LEVEL NO MIN. ICED. MORE DBM lc �,.P•'•` -� NOTES: /' sel�-lI - INTAKE ! EANAU5T TERMINATIONS AND DUCT TO BE INSTALLED BY GENERAL CONTRACTOR A. tl - FUN wool TO BE TV 1U GRADE BT GENERAL CONTRACTOR �O 1. _1111 • SEE `CE INAG DUOEIPII_ABOVE- ._ ._•W ODD UST WALL MOUNTED I,\ %I 7 01PLEN FMI AT A- DUCT LA TO DLERUM U AT AM / `' HANDLER IRAT \\1 12" MAX AIR IW40UR E.. E. "— IMOMAT PRECAST 44 limomminmermairaimmid.raihrioraiiimi=at NI CROSS SECTION AND LADDER DETAIL GENERAL NOTES FINISH 6 COLOR: COLOR: FIIIISN INSTRUCTIONS F • Fog. FL • FLOAT BF • BM.. FM15n SK • SUP TARMEI CM•!1t A.1,001l!: 5,000 PSI CONCRETE Ra 28 OATS WEIGHT (94 roman} CU. YDS.: BILL Of MATERIALS trot DEXmP11W OTr. NO. REVISIaD ISSUE DATE ROCI<WAY PRECAST l 14.1.1 N.rt...A llstit CONTROLLED ENVIRONMENT VAULT PLe'! 1m.'R'I'• tow a I't 1.4 AAI I: OATS' SLEET e 7 OF 7 DETAILS SCR£: wrt n7— R az U $ -s ZO Ow Uo MSA AM4.e•• IA•+iq 1•: DRIMV W.So&<SL Snirmot,44nn 18.9I TI h6I50410i SAN-725 SWEETWATER HEIGHTS PARK HVAC DUCT CROSS SECTION ANO LADDER DETAIL 1 S7 ien...a:.*u`c � ,«x S♦Mu Mi lop buns +M wins s. m . Poop..sPoop..ILO00 130/1. Mx. l .. v.wltor m oMM Iolnel pv.♦. ..Am....... r.ua M pA.Mi. ..ale roues 13. ow* son non.qns 0 nyy YS sJI^I.I...1 tn.Vou. T.o Is p.. rm iO 7 UTILITY SITE PLAN KEY NOTES: r.• (1 ra ard, weuss (pwvp OAI .Ou Mr.tr .lmno LIE noon. t...er COMM. ma.. co... a...msm.r WM, Omeeom. un O(p o!m ..reas.orlr ro.a/mr...na Om OMIT nm[R mca 1110t0 OM) wua *ease Mire roua mu.r OItl Rs[ nv.mmma Om vu 1¢m Toone (rr) WOO' WWm TIRE ®11Ntourw/If0..KVTr0I OI.) nac.owe rcrr runnt ax V.1t11 tw., rR ®O0,.Mmam. © ami: oeHw'r ..r. 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L1LIat:AIA RLPROV' ToIOkkOfrS ttatawnu0SA3 mEO. faralI ••nroAI•Rsim1.10SMS.l.ESN.E 0 MYSIM.O CU C10*m.VIVOr014WE.90.E ttnoua N9R1YS91u1S0.EIW NifA4ATYM M,.cTrm.wawtlL•E3.01R0So oon, m•n.tl,T.1/ nenaatrmsm+ca31E•als twW2lm.atla MRxatT3. MINIMUM SPACINGS (240V) nomomsaa • Pacific Electric, nc. .:M1. tom•. RN• OM MINI CRICR6i SAN.135/SW'FBTYATE0161GfT5 PARS 5315 CAGLES, MAMMAL CITY, CA..HO OYM.S M 6F8462 1 KEY NOTES: ( L )r Op 1i',:4-g twvwEo v.Mm:um / �u�.L."o . . AMl •CVN '/ I mllmmum 000, 4M RLT Obl usm BUSS TAP DESIGN 3 POWER/TELCO PARTIAL SITE PLAN lO00 SSE RnF/t .k. SCORE: 5 RM o3MR Rnwa. WOO. •.3 107 m f➢M,ALN. 1S A PROO- so Nom. 'err on REMS10M5 npv Eon n/05 rears, 1 nylon. r ! N yunla: Mel 1,00.411 Y •• eWA as/ A CO SIM 40M YRL • • ROARLI.1. 11 IS ma. loom 31N NM IRw v0M / rwa Sv ! lIN T M._ 711.• L_ 1YN 1gn311.113 , iu n06 1m1 • 1u3 • w• Np.. M.aEM 1 • _ IV. w!/ulna Ol MNl ...RI R R. v W *LC roam. 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CAW t- ._., 01.717.1.. gr. nrwo rn.0 mswa uu e , San SAN-725 TER HEIGHTS PARK S9— a9— " i :.c I '�.° e Tr ' GROUNDING PLAN GROUND BAR GROUND ROD NOTE: s¢ mn.u.w eRwma uaa I. E3 GROUNDING SCHEMATIC. 2 NOT USED 5 GROUND ROD . I i,-o- 4 .....0 �� t� •x .rm.mm°:..o el .o. _r 4 1 ^� / .I,�� ...a...•wm m..e. �.«...n..' u . m1me.•1LM .*a.. �•.:.:�.. �..�: .4 mars. ... 1 M� p LI "� .-4'-^" \ \ I/ f li .. :1 :1..2.^: ""':.^ �M-, L), G2 U Ll MODEL AA1F CONDENSATE DISPOSAL PUMP INSTRUCTION, SERVICE 8 REPAIR PARTS _ _4. ER1OENCr 5TN10MD5 .. nau. wuwn .++... b.a w<... n.,.m .. �... n.: Feyq.. «awn•.. oasx..m . ua.w.i..'�...a c...w 0..0 ...0... r. ...... ••b•a .., . w..b . wmc c. . . ..n..• r.•.,a au 4, pc.. 6 e..r.a.m F wan m.:o.:c. ,,,, K -:ilecn..malm M �. w• wi s �'°p°rt'Ftl'•�'O'�• "fEf1°i6 REVISIONS r.am 6op. a" _ .66WID MR � rro m'a' ac com• un. maw am,,,,,,.. ,." "w w,.....•. . ..m, •.r...• w" s uw.•....Mb M 6•mm ewe. 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HEAT PUMP FAN COIL & CONDENSING UNIT SCHEDULE 3 SPS MARCH CONDENSATE PUMP UNIT T I tt®m.l,,, 1 S.F.... ....a.... w. Ogee.vrt un ..•u aw a ' 1 ! ,I , a.10n..o..art wr •• C I- �:�::_ NOT USED q \``h� 1'.. I o„..Ko.o...E..c ,1 I „,„,,Ferwnm mac I I ,-_ �\ F_ r .*'� •. gm'''.was r.— I h I I , ? ' I', mom.....[ frf. comm. PIM. a•a, am . ne ... boa c .«..bar. ac. on ow. • coal < t«ma-sw RAC w a rlOM NW le nwva iI / 1 r \ I\ SAN-725 �� SWEETWATER HEIGHTS PARK CONDENSING \ \ \ \ \ \ \ �- - _ _ _ _ _ • ) / / _ ' CG-7 sl \`w SPS MARCH PUMP UNIT FAN COIL UNIT DETAIL CONDENSING DETAIL . ., . ,. �"".00.. ..«� UNIT DETAIL ' °' z 7 `" ° sr.LE: °• e1 Is SS. FCU ISOMETRIC VIEW nA , 1/16 r 0 ®_ 6 5 ■Y, ATTACHMENT 3 PRIME LEASE to the SLA dated 200 by and between TMO CA/NV, LLC, as LICENSOR, and Cricket Communications, Inc., as LICENSEE. The Prime Lease is attached hereto. T-Mobile Site ReferenceSD06673A/Sweetwater Heights Park Cricket Site Reference: SAN725/Sweetwater Park 07/26/06, Page 6 Li7 City of National City, California COUNCIL AGENDA STATEMENT .4EETING DATE August 22, 2006 AGENDA ITEM NO. 11 /ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute an Agreement with the San Diego Unified Port District on a Reimbursable Basis Not to Exceed $20,000 for a Free Expo and Concert to be Held at Pepper Park on Port Property PREPARED BY DEPARTMENT Leslie Deese Community Services EXPLANATION Phone: (619) 336-4242 This item authorizes National City to enter into an Agreement with the San Diego Unified Port District for a free expo and concert at Pepper Park from 2:00 p.m. — 7:00 p.m., Saturday, September 9, 2006 on a reimbursable basis not to exceed $20,000. The Port also authorized $3,600 in Port District Services, which includes the waiver of park fees and use of the Port's portable stage This year's event takes a slightly different twist from previous years. Partnering with the Chamber of Commerce, the day includes a business expo, food vendors, children's activities, multicultural dance, and musical performances. Performers include Obsesion Latina, Ballet Folklorico lxcuintla, Tony Salamat's Dance Group, Tango Concepts, Pasacat and Makai, San Diego's hottest old school band. Environmental Review X N/A Financial Statement $20,000 will be funded by the Port of San Diego. National City supported activities of $5,000 will be funded from Non -Departmental Agency Contributions. Al STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Port District Agreement 2. Resolution 3. Event Flyers -40 0Qc1o (0�-650-9. coun Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT ON A REIMBURSABLE BASIS NOT TO EXCEED $20,000 FOR A FREE EXPO AND CONCERT TO BE HELD AT PEPPER PARK ON PORT PROPERTY WHEREAS, the City desires the use of Pepper Park, which is owned by the San Diego Unified Port District, for a free expo and concert to be held on September 9, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City of National City an Agreement which provides for Port District reimbursement to the City up to an amount not to exceed $20,000 with the Unified Port District of San Diego for a free expo and concert to be held at Pepper Park on Port property on September 9, 2006. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Pry - Unified Port San Diego City of National City Leslie A. Deese, Community Services Director 140 East 12th Street, Suite A National City, CA 91950 Re: Financial Assistance Agreement for Musical Concert At Pepper Park 3165 Pacific Highway, San Diego, CA 92101 P.O. Box 120488, San Diego, CA 92112-0488 619.686.6200 • www.portofsandiego.org Dear Ms. Deese, Enclosed are (2) originals of your 2006-2007 Financial Assistance agreement with the Port of San Diego. Please sign and return both, along with your completed Certificate of Insurance, which is included as Exhibit A. You will receive an original of the agreement after all parties have signed and the agreement has been recorded. Please feel free to call me at the number below if you have any questions about this agreement. Sincerel Ji>'h Hutzelman Assistant Director, Community Services Port of San Diego phone: (619) 686-6564 fax: (619) 686-6400 email: jhutzelm@portofsandiego.org San Diego Unified Port District AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for SUMMER MUSICAL CONCERT AT PEPPER PARK The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT (District), a public corporation and the CITY OF NATIONAL CITY a municipal corporation. Both parties agree to the following: 1. SCOPE OF SERVICES: Service Provider shall furnish all technical and professional labor, and materials to satisfactorily comply with Attachment A, Scope of Services as requested by District. Service Provider shall keep the Executive Director of the District or his designated representative informed of the progress of said services at all times. 2. TERM OF AGREEMENT: This Agreement shall commence on July 1, 2006 and shall terminate on June 30, 2007, subject to earlier termination as provided below. 3. COMPENSATION: For performance of services rendered pursuant to this Agreement and as further described in Attachment B, Compensation and Invoicing; District shall compensate Service Provider based on the following, subject to the limitation of the maximum expenditure provided herein: 3.1 Maximum Expenditure. The maximum expenditure under this Agreement shall not exceed Twenty Thousand dollars ($20,000.00) and District Services not to exceed Three Thousand, Six Hundred dollars ($3,600.00) for a total Agreement amount not to exceed Twenty Three Thousand, Six Hundred dollars ($23,600.00). Said expenditure shall include without Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 1 of 15 limitation all sums, charges, reimbursements, costs and expenses provided for herein. Service Provider shall not be required to perform further services after compensation has been expended. In the event that the Service Provider anticipates the need for services in excess of the maximum Agreement amount, the District shall be notified in writing immediately. District must approve an amendment to this Agreement before additional fees and costs are incurred. In order to provide adequate notice and time for amendment of this Agreement, Service Provider shall advise the District in writing when time and expenses incurred reach $20,000.00 or $3,600.00 for District Services. 3.2 Payment Procedure. For work performed on an hourly basis, Service Provider agrees to assign the person with the lowest hourly rate who is fully competent to provide the services required. If Service Provider finds it necessary to have work, which would usually be performed by personnel with a lower rate, performed by personnel paid at the higher hourly rate, Service Provider shall nevertheless, bill at the lower rate. 3.3 Progress Documentation. Service Provider shall provide District progress reports in a format and on a schedule as District directs. Progress reports shall include a description of work completed, cumulative dollar costs incurred, anticipated work for the next reporting period, percentage of work complete, and the expected completion date for remaining work. The report shall identify problem areas and important issues that may affect project cost and/or schedule. The report shall present actual percent completion versus planned percent completion. 4. RECORDS: In accordance with generally accepted accounting principles, Service Provider shall maintain full and complete records of the cost of services performed under this Agreement. Such records shall be open to inspection of Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 2 of 15 District at all reasonable times in the City of San Diego and such records shall be kept for at least three (3) years after the termination of this Agreement. Such records shall be maintained by. Service Provider for a period of three (3) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. Service Provider understands and agrees that District, at all times under this Agreement, has the right to review project documents and work in progress and to audit financial records, whether or not final, which Service Provider or anyone else associated with the work has prepared or which relate to the work which Service Provider is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. Service Provider shall provide District at Service Provider's expense a copy of all such records within five (5) working days of a written request by District. District's right shall also include inspection at reasonable times of the Service Provider's office or facilities, which are engaged in the performance of services pursuant to this Agreement. Service Provider shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. Service Provider's failure to provide the records within the time requested shall preclude Service Provider from receiving any compensation due under this Agreement until such documents are provided. 5. SERVICE PROVIDER'S SUB -CONTRACTORS: It may be necessary for Service Provider to sub -contract for the performance of certain technical services or other services for Service Provider to perform and complete the required services; provided, however, all Service Provider's sub -contractors shall be subject to prior written approval by District. The Service Provider shall remain responsible to District for any and all services and obligations required under this Agreement, whether performed by Service Provider or Service Provider's sub - Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 3of15 contractors. Service Provider shall compensate each Service Provider's sub- contractors in the time periods required. by law. Any Service Provider's sub- contractors employed by Service Provider shall be independent Service Providers and not agents of District. Service Provider shall insure that Service Provider's sub -contractors satisfy all substantive requirements for the work set forth by this Agreement, including insurance and indemnification. Service Provider shall also include a clause in its Agreements with Service Provider's sub -contractors which reserves the right, during the performance of this Agreement and for a period of three (3) years following termination of this Agreement, for a District representative to audit any cost, compensation or settlement resulting from any items set forth in this Agreement. This clause shall also require Service Provider's sub -contractors to retain all necessary records for a period of three (3) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. 6. COMPLIANCE: In performance of this Agreement, Service Provider and Service Provider's sub -contractors shall comply with the California Fair Employment and Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, ancestry, color, creed, denial of family and medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. Service Provider shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. 7. INDEPENDENT ANALYSIS: Service Provider shall provide the services required by this Agreement and arrive at conclusions with respect to the rendition of information, advice or recommendations, independent of the control and direction Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 4 of 15 of District, other than normal contract monitoring provided, however, Service Provider shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 8. ASSIGNMENT: This is a personal services Agreement between the parties and Service Provider shall not assign or transfer voluntarily or involuntarily any of its rights, duties, or obligations under this Agreement without the express written consent of Executive Director (President/CEO) of District in each instance. 9. INDEMNIFICATION: 9.1 Indemnification for Non -Professional Services: To the fullest extent provided by law with respect to all liability except liability for Professional Services, covered under Section 9.2, the Service Provider agrees to defend, indemnify, protect and hold harmless District, its agents, officers and employees, from and against any claim, demand, action, proceeding, suit or liability for damages, costs (including reasonable attorneys' fees) or expenses for damages to property or the loss of use thereof or injuries or death to any person (including Service Provider's employees), caused by, arising out of or related to the performance of, Service Provider as provided in the Scope of Services, or failure to act by Service Provider, its officers, agents, and employees. The Service Provider's duty to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the active negligence, sole negligence or willful misconduct of District, its agents, officers, or employees. The Service Provider further agrees that the indemnification, including the duty to defend District, requires the Service Provider to pay reasonable attorneys' fees and costs District incurs that are associated with enforcing the indemnification provision, and defending any claims, demands, or liabilities arising from the services of the Service Provider performed pursuant to this Agreement. Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 5 of 15 District may, at its own election, conduct its defense, or participate in the defense of any claim demand related in any way to the Agreement. If District chooses at its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any claim, demand or liability related to Service Provider's Scope of Services, the Service Provider agrees to pay the reasonable value of attorneys' fees and all of District's costs associated with its defense. 9.2 Indemnification for Professional Services: To the fullest extent provided by law, the Service Provider agrees to defend, indemnify, protect and hold harmless District, its agents, officers and employees from and against any and all claims, demands, liability for any damages, costs (including reasonable attorneys' fees and costs), or expenses, arising from the actions or omissions of the Service Provider as provided in the Scope of Services. The Service Provider's duty to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the active negligence, sole negligence or willful misconduct of District, its agents, officers, or employees. The Service Provider further agrees that the indemnification, including the duty to defend District, requires the Service Provider to pay reasonable attorneys' fees and costs District incurs that are associated with enforcing the indemnification provision, and defending any claims, demands, or liabilities arising from the services of the Service Provider performed pursuant to this Agreement. District may, at its own election, conduct its defense, or participate in the defense of any claim or demand related in any way to the Agreement. If District chooses at its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any Agreement No, 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 6 of 15 claim, demand or liability related to the Scope of Services, the Service Provider agrees to pay the reasonable value of attorneys' fees and all of District's costs associated with its defense. 10. INSURANCE REQUIREMENTS: Service Provider and each Sub Contractor Provider shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance: 10.1 Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, and Products/ Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001 with limits no less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. A. The deductible or self -insured retention on this Commercial General Liability policy shall not exceed $5,000 unless District has approved of a higher deductible or self -insured retention in writing B. The Commercial General Liability policy shall be endorsed to include the District; it' s agents, officers, and employees as additional insured in the form as required by the District, an exemplar endorsement attached. C. The coverage provided to the District, as an additional insured, shall be primary. 10.2 Commercial Automobile Liability (Owned, Scheduled, Non -Owned, or Hired Automobiles written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 7 of 15 two million dollars ($2,000,000) per accident for bodily injury and property damage. 10.3 Worker's Compensation in statutory required limits and Employer's Liability in an amount of not less than one million dollars ($1,000,000) per accident for bodily injury or disease. This policy shall be endorsed to include a waiver of subrogation endorsement. Service Provider shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in the form acceptable to the District, an exemplar Certificate of Insurance is attached as Exhibit B and made a part hereof, evidencing the existence of the necessary insurance policies and endorsements required shall be kept on file with the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Service Provider or Service Provider's sub -contractors or any tier of Service Provider's sub -contractors. District shall reserve the right to obtain complete copies of any of the insurance policies required herein. Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 8 of 15 11. ACCURACY OF SERVICES: Service Provider shall be responsible for the technical accuracy of its services and documents resulting therefrom and District shall not be responsible for discovering deficiencies therein. Service Provider shall correct such deficiencies without additional compensation. Furthermore, Service Provider expressly agrees to reimburse District for any costs incurred as a result of such deficiencies. Service Provider shall make decisions and carry out its responsibilities hereunder in a timely manner and shall bear all costs incident thereto so as not to delay the District, the project, or any other person related to the project, including the Service Provider or its agents, employees, or subcontractors. 12. INDEPENDENT CONTRACTOR: Service Provider and any agent or employee of Service Provider shall act in an independent capacity and not as officers or employees of District. The District assumes no liability for the Service Provider's actions and performance, nor assumes responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the Service Provider. Service Provider shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. Service Provider acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. Service Provider disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 13. ADVICE OF COUNSEL: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The formation, interpretation Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 9 of 15 and performance of this Agreement shall be governed by the laws of the State of California. 14. INDEPENDENT REVIEW: Each party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent or attorney of any other party. 15. INTEGRATION AND MODIFICATION: This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in .writing and signed by the parties hereto. 16. OWNERSHIP OF RECORDS: Any and all materials and documents, including without limitation drawings, specifications, computations, designs, plans, investigations and reports, prepared by Service Provider pursuant to this Agreement, shall be the property of District from the moment of their preparation and the Service Provider shall deliver such materials and documents to District at the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101) whenever requested to do so by District. However, Service Provider shall have the right to make duplicate copies of such materials and documents for its own file, or other purposes as may be expressly authorized in writing by District. Said materials and documents prepared or acquired by Service Provider pursuant to this Agreement (including any duplicate copies kept by the Service Provider) shall not be shown to any other public or private person Agreement No, 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 10 of 15 or entity, except as authorized by District. Service Provider shall not disclose to any other public or private person or entity any information regarding the activities of District, except as expressly authorized in writing by District. 17. TERMINATION: In addition to any other rights and remedies allowed by law, the Executive Director (President/CEO) of District may terminate this Agreement at any time with or without cause by giving thirty (30) days written notice to Service Provider of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall at the option of District be delivered by Service Provider to the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101). Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee or claim hereunder by Service Provider other than the fee earned for services which were performed prior to termination but not yet paid. Said fee shall be calculated and based on the schedule as provided in this Agreement. 18. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other procedures as may be agreed, and if such dispute is not otherwise time barred, the parties agree to first try in good faith to settle the dispute amicably by mediation administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any such dispute must be filed in writing with the other party within a reasonable time after the dispute has arisen. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved by arbitration administered at San Diego, California, by the American Arbitration Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 11 of 15 Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non -binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, sub -contractor and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. The foregoing mediation and arbitration procedures notwithstanding, all claim filing requirements of the Agreement documents, the California Government Code, and otherwise, shall remain in full force and effect regardless of whether or not such dispute avoidance and resolution procedures have been implemented, and the time periods within which claims are to be filed or presented to the District Clerk as required by said Agreement, Government Code, and otherwise, shall not be waived, extended or tolled thereby. If a claim is not timely filed or presented, such claim shall be time barred and the above dispute avoidance and resolution procedures, whether or not implemented or then pending, shall likewise be time barred as to such claims. 19. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the Service Provider, made an exhaustive inspection to check the quality or quantity of the services performed by the Service Provider, made an examination to ascertain how or for what purpose the Service Provider has used money previously paid on account by the District, or constitute a waiver of claims against the Service Provider by the District. The District may in its sole discretion withhold payments or seek reimbursement from the Service Provider for expenses, miscellaneous charges, or other liabilities or increased costs incurred or anticipated by the District which are the fault of or as result of work performed or negligent conduct by or on behalf of the Service Provider. Upon five (5) day written notice to the Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 12 of 15 Service Provider, the District shall have the right to estimate the amount of expenses, miscellaneous charges, or other liabilities or increased costs and to cause the Service Provider to pay the same; and the amount due the Service Provider under this Agreement or the whole or so much of the money due or to become due to the Service Provider under this Agreement as may be considered reasonably necessary by the District shall be retained by the District until such expenses, miscellaneous charges, or other liabilities or increased costs shall have been corrected or otherwise disposed of by the Service Provider at no expense to the District. If such expenses, miscellaneous charges, or other liabilities or increased costs are not corrected or otherwise disposed of at no expense to the District prior to completion date of the Agreement, the District is authorized to pay for such expenses, miscellaneous charges, or other liabilities or increased costs from the amounts retained as outlined above or to seek reimbursement of same from the Service Provider. It is the express intent of the parties to this Agreement to protect the District from loss because of conduct by or on behalf of the Service Provider. 20. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. Agreement No. 0607-16 Service Provider: City of National City •Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 13 of 15 21. EXECUTIVE DIRECTOR'S SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by either the Executive Director (President/CEO) or Authorized Designee on behalf of the District and by Authorized Representative of the Service Provider. 21.1 Submit all correspondence, including invoices, regarding this Agreement, including Insurance Certificates and Endorsements to: Irene McCormack, Director Communications & Community Services San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Tel: 619-686-6462 Fax: 619-686-6373 Email: imccormack@portofsandiego.org 21.2 The Service Provider's Authorized Representative assigned below has the authority to authorize changes to the scope, terms and conditions of this Agreement: Leslie A. Deese, Community Services Director City of National City 140 East 12th Street, Suite A National City, CA 91950 Tel: 619-336-4242 Fax: 619-336-4292 Email: Ideese@ci.national-city.ca.us Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department Communications & Community Services Page 14 of 15 21.3 Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated Authorized Representative. SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY Irene McCormack Leslie A. Deese Director, Communications & Community Services Community Services Director PORT ATTORNEY Agreement No. 0607-16 Service Provider: City of National City Board Date: March 7,2006 Requesting Department: Communications & Community Services Page 15 of 15 ATTACHMENT A SCOPE OF SERVICES San Diego Unified Port District Service Provider - through its program or event — will promote District and/or commerce, navigation, recreation, fisheries and tenant businesses on the District tidelands. This will be accomplished in the following manner: o Conduct the City of National City Musical Concert at Pepper Park in National City on September 9, 2006 o Invite Port Commissioner representing National City to speak at event o Recognize District as a sponsor of the Musical Concert at Pepper Park through: • Verbal mention as part of periodic announcements thanking sponsors during the event • Display of District logo or mention of District on all promotional materials including banners, flyers, posters, news releases and website advertising for this event Agreement No.: 0607-16— Attachment A Service Provider: City of National City Board Date: March 7, 2006 Requesting Department: Communications & Community Services Page 1 of 1 ATTACHMENT B COMPENSATION & INVOICING San Diego Unified Port District I. COMPENSATION: For the satisfactory performance and completion of the services under this Agreement, District shall pay Service Provider compensation as set forth hereunder. A. Service Provider shall be compensated and reimbursed by District on the basis of invoices submitted each month for services performed during the preceding month. Each invoice shall include: Date work performed; Description of the work performed; Hours worked by personnel classification; Rate per personnel classification; Total personnel cost by classification; Other Direct Costs. II. INVOICING: A. Payment Documentation. As a prerequisite to payment for services, Service Provider shall invoice District for services performed and for reimbursable expenses authorized by this Agreement, accompanied by such records and receipts as required. Service Provider shall include the following information on each invoice submitted for payment by District, in addition to the information required in Section I, above: 1) Agreement No. 0607-16 2) The following certification phrase, with printed name, title and signature of Service Provider's project manager or designated representative: "I certify under penalty of perjury that the above statement is just and correct according to the terms of Document No. 50310, and that payment has not been received." 3) Dates of service provided 4) Date of invoice 5) A unique invoice number Agreement No.: 0607-16 — Attachment B Service Provider: City of National City Board Date: March 7, 2006 Requesting Department: Communications & Community Services Page 1 of 2 District shall, at its discretion, return to Service Provider, without payment, any invoice, which has been submitted without the above information and certification phrase. B. Invoices shall be mailed to the attention of: Irene McCormack, Communications & Community Services, P.O. Box 120488, San Diego Unified Port District, San Diego, CA 92112-0488. C. Should District contest any portion of an invoice, that portion shall be held for resolution, but the uncontested balance shall be processed for payment. District may, at any time, conduct an audit of any and all records kept by Service Provider for the Services. Any overpayment discovered in such an audit may be charged against the Service Provider's future invoices and any retention funds. D. Service Provider shall submit all invoices within thirty (30) days of completion of work represented by the request and within sixty (60) days of incurring costs to be reimbursed under the Agreement. Payment will be made to Service Providerwithin thirty (30) days after receipt by District of a proper invoice. E. Service Provider shall indicate on last invoice submitted for payment: FINAL INVOICE. Agreement No.: 0607-16 —Attachment B Service Provider: City of National City Board Date: March 7, 2006 Requesting Department: Communications & Community Services Page 2 of 2 EXHIBIT A CERTIFICATE OF INSURANCE San Diego Unified Port District URANCE WILL BE ACCEPTED By signing this form, the authorized agent or broker certifies the following: . (1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)] to the Insured and is (are) in force at this time. (2) As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the coverages or conditions of coverage noted on page 2 of this certificate. (3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this certificate. Return this form to: San Diego Unified Port District Attn: Linda Wikstrom, Audit, Risk Management & Safety P. O. Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 Name and Address of Insured (Contractor or Vendor) SDUPD Agreement Number This certificate applies to all operations of named insureds property in connection with all Agreements between the District and Insured. CO LTR TYPE OF INSURANCE POLICY NO. DATES LIMITS Commercial General Liability D Occurrence Form ❑ Claims -made Form Retro Date Commencement Date: Expiration Date: Each Occurrence: $ General Aggregate: $ ❑ Liquor Liability Deductible/SIR: $ Commercial Automobile Liability ❑ All Autos ❑ Owned Autos ❑ Non -Owned & Hired Autos Commencement Date: Expiration Date: Each Occurrence: $ Workers Compensation — Statutory Employer's Liability Commencement Date: Expiration Date: E.L. Each Accident $ E.L. Disease Each Employee $ E.L. Disease Policy Limit $ Professional Liability ❑ Claims Made Retro-Active Date Commencement Date: Expiration Date: Each Claim $ Excess/Umbrella Liability Commencement Date: Expiration Date: Each Occurrence: $ General Aggregate:$ CO LTR COMPANIES AFFORDING COVERAGE BEST'S RATING A B C D A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District. Name and Address of Authorized Agent(s) or Broker(s) E-Mail Address: Phone: Fax Number: Signature of Authorized Agent(s) or Broker(s) Date: Agreement No.: 0607-16 — Exhibit A Service Provider: City of National City Board Date: March 7, 2006 Requesting Department: Communications & Community Services 1 of 2 f ENDORSEMENT NO. NAMED INSURED: SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT EFFECTIVE DATE POLICY NO. GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written Agreements, contracts and leases with the San Diego Unified Port District and/or any and all activities or work performed on district premises All written Agreements, contracts, and leases with the San Diego Unified Port District and/or any and all activities or work performed on District owned premises. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The San Diego Unified Port District, its officers, agents, and employees are additional insureds in relation to those operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, its officers, agents, employees or invitees, or activities performed on behalf of the named insured. 2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self -insured retention carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by insurance for the named insured. 3. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 4. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment of premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San Diego Unified Port District prior to the effective date of cancellation, change in coverage, reduction of limits or non -renewal. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall be given. Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, Agreements or exclusions of the policy(ies) to which this endorsement applies. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION, LIMIT REDUCTIONS, AND CHANGES IN COVERAGE TO: San Diego Unified Port District Audit, Risk Management & Safety P.O. Box 120488 San Diego, CA 92112-0488 Agreement No.: 0607-16 — Exhibit A Service Provider: City of National City Board Date: March 7, 2006 Requesting Department: Communications & Community Services 2 of 2 MEMORANDUM OF INSURANCE •DRIVER ALLIANT INSURANCE SERVICES, INC. I. BOX 6450 TvEWPORT BEACH, CA 92658-6450 (949) 756-0271 * INSURED ISAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY AND MEMBER AGENCY OF: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 ISSUE DATE 06/29/06 THIS MEMORANDUM IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE MEMORANDUM HOLDER. THIS MEMORANDUM DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE SHOWN BELOW. COVERAGE AFFORDED BY LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION LETTER B: "San Diego Pooled Insurance Program Authority, A Public Agency." • MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT- LTR A B TYPE OF COVERAGE GENERAL AND AUTOMOBILE LIABILITY EXCESS LIABILITY* MEMORANDUM NUMBER SELF INSURED MEMORANDUM EFFECTIVE DATE 07/01/06 MEMORANDUM EXPIRATION DATE 07/01/07 LIABILITY LIMITS IN THOUSANDS BI & PO COMBINED • EACH OCCURRENCE 150, AGGREGATE WA PERSONAL INJURY INCL. SDC 0021 07/01/06 07/01/07 91&PD COMBINED 1,850, * * THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS USE OF PEPPER PARK FOR FREE OUTDOOR CONCERTS. MEMORANDUM HOLDER SUBJECT TO POLICY TERMS. CONDITIONS AND EXCLUSIONS. Al SAN DIEGO UNIFIED'PORT DISTRICT 165 PACIFIC HIGHWAY SAN DIEGO, CA 92101 GVPUniP.SandpipalSd-Liahility Sd-Liao-cerLSd Pool Liab Cen-Pri.dcc CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED CONTRACTS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE AUTHORITY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, OR ITS REPRESENTATIVES. EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM. AUTHORIZED SIGNATURE Endorsement Per Contract Effective 7/1/06 Contract Number SDC 0021 ADDITIONAL INSURED ENDORSEMENT In consideration of the payment of premium, it is agreed for claims occurring and reported after 7/1/98, that the following amendments / additions apply: 1. Section III — Persons and/or Entities Covered, is amended to include any person(s) or organization(s) when required in a written contract or agreement to provide coverage but only for Personal Injury or Property Damage liability which: a. is covered by this Memorandum of Insurance; and b. arises out of: 1. the normal course of the Named Covered Party's operations; or 2. ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Named Covered Party; or 3. work performed for that Covered Party by the Named Covered Party; or 4. that Covered Party's financial control of the Named Covered Party; or 5. the maintenance, operation or Use by the Named Covered Party of any equipment or Automobile leased to you by such person(s) or Organization(s). 2. The limits of coverage afforded to such person(s) or organization(s) will be: a. the minimum limits of coverage which the Named'Covered Party agreed to provide; or b. the limits of coverage of this Memorandum of Insurance, whichever is less. 3. Coverage provided under this Endorsement may be primary over any applicable insurance, and the Authority may provide a notice of cancellation if requested. 4. Coverage provided under this Endorsement expires: a. when the written contract or agreement ceases; or b. when the Named Covered Party ceases to be a tenant in the premises. Attached to and forming part of Contract number SDC 0021 of the San Diego Pooled Insurance Program Authority Memorandum of Insurance. Dated at:' Newport Beach this 29 day of June , 2006. By: \I6 41-_ Authorized Representative G V PUNITSANDPIPAISD-LIABILITY,SD-LIAB-CER'OS-0] j6,00L-AI-EJD.DOC BAT MARINR DRIVE NATIONAL CITY Saturday, September 9, 2006 2:00 pm -7:00 pm Pepper Park on the Bay Continuous entertainment on stage throughout the day. Performers include: • Obsesion Latina • Ballet Folklorico lxcuintla • Tony Salamat's Dance Group • Tango Concepts • Pasacat Featuring concert headliner M from 5:00-7:OOpm Bring a lawn chair and enjoy a beautiful afternoon of music at National City's Bayfront Park. Unified Port of: San Diego AGIC9, .5 Expo information (619) 477-9339 • Concert information (619) 336-4290 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 12 "ITEM TITLE Resolution of the City Council of the City of National City authorizing the Approval of a Temporary Use Permit for National City's Use of PASHA Parking Lot "J" Located on San Diego Unified Port District Property for Temporary Parking in Conjunction with a Free Bayfront Expo & Concert Program at Pepper Park PREPARED BY �.p EPARTMENT Leslie Deese -�'/� Community Services Phone: (619) 336-4242 EXPLANATION This item authorizes the approval of a Temporary Use Permit for National City's use of PASHA Parking Lot "J" located on Port property for temporary parking in conjunction with the Bayfront Expo & Concert on Saturday, September 9, 2006. (See companion agenda item). Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. 1. San Diego Unified Port District Temporary Use Permit Agreement 2. Resolution A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCILOF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROVAL OF A TEMPORARY USE PERMIT AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR NATIONAL CITY'S USE OF PASHA PARKING LOT "J" LOCATED ON PORT DISTRICT PROPERTY FOR TEMPORARY PARKING IN CONJUNCTION WITH A FREE BAYFRONT EXPO AND CONCERT PROGRAM AT PEPPER PARK WHEREAS, on September 9, 2006, the City of National City will present the annual free bayfront expo and concert program at Pepper Park for the benefit of its citizens; and WHEREAS, to provide parking for the public attending the event, a Temporary Use Permit Agreement with the San Diego Unified Port District is required for the use of Pasha Parking Lot "J", which is located on San Diego Unified Port District Property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Temporary Use Permit Agreement that is required for the use of Pasha Parking Lot "J", which is located on San Diego Unified Port District Property, to provide parking for members of the public attending the annual bayfront expo and concert program at Pepper Park on September 9, 2006. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Unified Port --San Diego May 19, 2006 Irma Acedo Recreation Superintendent City of National City 140 E. 12th Street National City, CA 91950 Dear Ms. Acedo: Re: Temporary Use Permit covering 145,811 square feet southeast corner of 32"d Street and Tidelands Avenue in Enclosed are two copies of the above -referenced document tidelands. The document is for three (3) days, commencing on ending on September 10, 2006. 3165 Pacific Highway, San Diego, CA 92101 P.O. Box 120488, San Diego, CA 92112-0488 619.686.6200 ® www.portofsandiego.org VIA CERTIFIED MAIL of land located at the National City, California for your use of District September 8, 2006 and Please sign on Page 6 of the documents and return both copies. Following processing, the copy of the subject Permit marked "Duplicate Original," signed by both parties, will be returned to you. If you have any questions, please call me at (619) 686-7287. Sincerely, WEND' 'Y. FAN Asset Manager, Maritime Properties Enclosures (2) SDUPD Docs. No.182739 San Diego Unified Port District TEMPORARY USE PERMIT THIS PERMIT, granted this day of , 20_, by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," to THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "Permittee," WITNESSETH: District for the considerations hereinafter set forth, hereby grants to Permittee upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to use and occupy a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California, entitled "San Diego Unified Port District Act," Stats. 1962, 1st Ex. Sess., c. 67, as amended, which lands are generally described as follows: Approximately 145,811 square feet of land located at the southeast corner of 32"d Street and Tidelands Avenue in National City, California, as more particularly delineated on Drawing No. 028-007, attached hereto as Exhibit "A" and by this reference made a part hereof. This Permit is granted upon the following terms and conditions: 1. The term of this Permit shall be for three (3) days, commencing on the 8th day of September, 2006, and ending on the 10th day of September, 2006, unless sooner terminated as herein provided. 2. As and for consideration, Permittee agrees to provide the services as described in Paragraph 3 herein for the benefit of the People of the State of California. 3. The above -described premises shall be used only and exclusively for the purpose of providing temporary vehicle parking for the National City Annual Music Concert at the adjacent Pepper Park to be held on September 9th, 2006 and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each instance. Permittee shall be responsible in providing lighting, security, parking and traffic control at the premises. 4. Permittee shall comply with all applicable laws, rules and regulations of District and other governmental entities. 1 ORIGINAL 5. Permittee shall keep the property and all equipment used in connection with this Permit in a clean, safe, sound and presentable condition at all times. 6. Permittee acknowledges prior examination of the premises and the condition thereof, and agrees that the improvements thereon, if any, are, in their present condition, satisfactory and usable for Permittee's purposes and that no representations as to value or condition have been made by or on behalf of the District. Permittee agrees that it shall make no changes or alterations in the premises, nor make, erect, or install any machines, signs, or other improvements thereon without the consent in writing of the Executive Director of District. Permittee further agrees to provide proper containers for trash and to keep the premises free and clear of rubbish, debris, and litter at all times. 7. On the commencement date of the term of this Permit, all existing structures, buildings, installations, and improvements of any kind located on the above -described premises are owned by and title thereto is vested in District. All structures, buildings, installations, and improvements placed on the above -described premises by Permittee subsequent to the commencement date of the term of this Permit shall at the option of District be removed by Permittee at Permittee's expense within twenty-four (24) hours after the expiration of the term of this Permit or sooner termination thereof. District may exercise said option as to any or all of the structures, buildings, installations, and improvements, either before or after the expiration or sooner termination of this Permit. If District exercises such option and Permittee fails to remove such structures, buildings, installations, and improvements within said twenty-four (24) hours, District shall have the right to have such structures, buildings, installations, and improvements removed at the expense of Permittee. As to any or all structures, buildings, installations, and improvements owned by Permittee for which District does not exercise said option for removal, title thereto shall vest in District, without cost to District and without payment to Permittee. Machines, appliances, equipment, and trade fixtures of any kind hereafter placed on the above -described premises by Permittee are owned by and title thereto is vested in Permittee and shall be removed by Permittee within twenty-four (24) hours after the expiration of the term of this Permit or sooner termination thereof; provided, however, Permittee agrees to repair any and all damage occasioned by the removal thereof. If any such machines, appliances, equipment, and trade fixtures are not removed within twenty-four (24) hours after the termination of this Permit, the same may be considered abandoned and shall thereupon become the property of District without cost to District and without payment to Permittee, except that District shall have the right to have the same removed at the expense of Permittee. 2 8. Permittee hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within twenty-four (24) hours all ships, vessels, barges, hulls, debris, surplus, and salvage materials from the area forming a part of or adjacent -to the above -described premises, so as to leave the same in as good condition as when first occupied by Permittee, subject to reasonable wear and tear; provided, however, that if any said ships, vessels, barges, hulls, debris, surplus, and salvage materials shall not be so removed within twenty-four (24) hours by Permittee, District may remove, sell, or destroy the same at the expense of Permittee; and Permittee hereby agrees to pay District the cost of such removal, sale, or destruction; or at the option of District, the title to said ships, vessels, barges, hulls, debris, surplus, and salvage materials not removed shall become the property of District. 9. This Permit may be canceled by Executive Director of District or his duly authorized representative or Permittee by the giving of twenty-four (24) hours' notice in writing to the other party. Such cancellation shall be without liability of any nature. 10. This Permit shall not be transferred or assigned. 11. Permittee shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this Agreement, or Permittee's use, occupancy, possession or operation of the above -described Premises, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Permittee indemnify and hold harmless District for any actions of Permittee or District, including duties that may be legally delegated to Permittee or to third parties, except for those arising out of the sole negligence or willful misconduct of District. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Perrnittee's use, occupancy, possession, or operation of the above -described Premises, or arising from any defect in any part of the above -described Premises. 12. Permittee shall not engage in any activity on property of District other than the activity for which this Permit is expressly issued. 13. Permittee shall be subject to and comply with any special conditions attached hereto. 14. Permittee shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering premises and operations in the amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal 3 injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Permittee, of any person acting for it or under its control or direction, or any person authorized by it to use the above -described premises. Either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. All required insurance shall be in force the first day of the term of this Permit. All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by Permittee. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this clause, shall be kept on file with District during the entire term of this Permit. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to require complete, certified copies of all required policies at any time. All liability insurance policies will name, or be endorsed to name, District, its officers, officials and employees as additional insureds and protect District, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. And, all insurance policies will be endorsed to state that Permittee's insurance is primary and not excess or contributing to any insurance issued in the name of District. Any deductibles or self -insured retentions must be declared and acceptable to the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, and employees; or, the Permittee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of District, the insurance provisions in this Permit do not provide adequate protection for District and/or for members of the public, District may require Permittee to obtain insurance sufficient in coverage, form and amount to provide adequate protection. District's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. District shall notify Permittee in writing of changes in the insurance requirements and, if Permittee does not deposit certificates evidencing acceptable insurance policies with 4 �i District incorporating such changes within sixty (60) days of receipt of such notice, this Permit shall be in default without further notice to Permittee, and District shall be en -titled to all legal remedies. The procuring of such required policies of insurance shall not be construed to limit Permittee's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Permit. Notwithstanding said policies of insurance, Permittee shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Permit or with the use or occupancy of the above -described premises. Permittee may satisfy the requirements of this Section 14 by maintaining its lawful self -insured status during the term of this Permit. 15. In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by District under the laws of the State of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 16. Permittee shall comply with all requirements and directives of the Executive Director of District. 17. By signing this Permit, Permittee represents and warrants that it has independently inspected the premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the premises. Permittee agrees it is relying solely on such independent inspection, tests, investigations and observations in making this Permit. Permittee also acknowledges that the premises are in the condition called for by this Permit, that District has performed all work with respect to premises and that Permittee does not hold District responsible for any defects in the premises. Permittee furthermore accepts and shall be responsible for any risk of harm to any person and property, including without limitation employees of Permittee, from any latent defects in the premises. 18. Except for (i) a dispute or disagreement as to the amount of rent that Permittee is to pay District or (ii) a default in the payment of rent, all other disputes or disagreements between or among the parties arising out of or relating to the terms, conditions, interpretation, performance, default or any other aspect of this Permit, such parties shall first attempt to resolve the dispute informally. In the event the dispute is not resolved informally, prior to and as a precondition to the initiation of any legal action or proceeding, the parties shall refer the dispute to mediation before a retired State or Federal judge mutually selected by the parties. The dispute shall be mediated through informal, nonbinding joint conferences or separate caucuses with an impartial third party mediator who will seek to guide the parties to a consensual resolution of the dispute. The mediation proceeding shall be conducted within thirty (30) days (or 5 c any mutually agreed longer period) after referral, and shall continue until any party involved concludes, in good faith, that there is no reasonable possibility of resolving the dispute without resort to a legal action or proceeding. All costs of the mediation shall be shared equally by the parties involved. Each party shall bear its own attorneys' fees and other costs incurred in connection with the mediation. In the event the parties are unable to resolve the dispute through mediation, in addition to any other rights or remedies, any party may institute a legal action. SAN DIEGO UNIFIED PORT DISTRICT By DIRK I. MATHIASEN Director, Maritime Operations & Properties Permittee hereby accepts this Permit and agrees to comply with all the terms and conditions thereof. THE CITY OF NATIONAL CITY By Title: Address: 6 -026-022 B.N.S.F. 028-013 P.O.C. 3"DIA. BRASS DISK .• MONUMENT :STAMPED "SDUPD-020 AS SHOWN ON .R.O.S. NO.16668 S .:41CiF2V 028-009.' P PER PARK N 0 n N 1 SAN DIEGO UNIFIED PORT DISTRICT DATE 217-=�ArI100•VARY 2005 Yd� Lfii � SCAtF FIELD SURVEY WITHIN ��.� ■ n. rr ' - �Y��■t�T)ONA CITY S I DRAW 14Q SHEET 20F 2_ 028-007 0 0 CO 0 0 0 GRAPHIC SCALE m. 0 25' 50' 100' 0 co N t BERTH 24-1 -- LtIZ 6017 zf4a2727ff' ENLE070NQ T/OL ©QS t t 1 SEE SHEET,NO2 cote- �yF 0 NOTE 1. -PERMIT .AREA SHOWN SHADED 2_ BEARINGS AND DISTANCES ARE BASED :ON THE CAUFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83,.EPOCH 1991.35. DRAWI4 MKGHAEI FOSTER r�,(J SAN DIEGO UNIFIED PORT DISTRICT WITHIN CORPORATE OATS OF NATIONAL CITY EXHIB A DATE 27 JANUARY 2005 SCALE NO SCALE REF SURVEY DR AWING 028-007 MEETING DATE: August 22, 2006 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 ITEM TITLE: RESOLUTION NO. 2006- : AUTHORIZING THE MAYOR TO EXECUTE AN AMEND- ' MENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NA- TIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO PROVIDE COMPUTER MATCH SERVICES FOR THE SECTION 8 RENTAL ASSISTANCE PROGRAM PREPARED BY: Hermi Oliveria, DEPARTMENT CDC - Section 8 Rental Housing Program Manager Assistance Division EXPLANATION Refer to Staff Recommendation Below. Environmental Review X N/A Financial Statement Funds for this service will be available from the Section 8 Rental Assistance Program. Payment for this service not to exceed $25,000 per year. r STAFF RECOMMENDATION ADOPT Resolution No. 2006- , authorizing the Mayor to execute an Amendment to the Memoran- dum of Understanding between the City of National City and the Community Development Com- mission of the City of National City, to provide COMPUTER MATCH SERVICES for the Section 8 Rental Assistance Program BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Amendment to Memorandum of Understanding Exhibit "A" : 1996 MOU with NCPD Exhibit "B" : 2003 MOU with City of National City for NCPD Resolution No. 2006 - Resolution No. 1 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY TO PROVIDE COMPUTER MATCH SERVICES FOR THE SECTION 8 RENTAL ASSISTANCE PROGRAM WHEREAS, the Community Development Commission of the City of National City (CDC) requires the services of the National City Police Department (NCPD) to provide services to assist in the administration of the CDC's Section 8 Rental Assistance Program; and WHEREAS, the NCPD is the most qualified and experienced to provide the services required by the CDC. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Memorandum of Understanding with the Community Development Commission of the City of National City to provide Computer Match Services for the CDC's Section 8 Rental Assistance Program. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE CITY OF NATIONAL CITY This Amendment to Agreement is entered into this 1st day of July, 2006, by and between the Community Development Commission of the City of National City, a municipal corporation ("CDC"), and the City of National City, a municipal corporation, ("City"). RECITALS A. The CDC and the City entered into an agreement on July 1, 2003, ("the MOU") wherein the City agreed to provide computer match inquiries for the Section 8 Rental Assistance Division. B. The parties desire to amend sections 2 (i) and 2 (iv) of the Memorandum of Understanding NOW, THEREFORE, the parties hereto agree that Sections 2 (i) and 2 (iv) of the Memorandum of Understanding dated July 1, 2003, be amended to read as follows: 2 (i). CDC agrees to pay up to $25,000 per year for 100 cases per month. If the caseload exceeds the average of 100 cases per month, each additional case will be billed to the CDC at a rate of $25.00 per case. 2 (iv) TERM OF AGREEMENT: This Agreement shall be extended to July 1, 2006 to June 30, 2009. The parties further agree that with the foregoing exception, each and every term and provision of the MOU dated July 1, 2003, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION CITY OF NATIONAL CITY OF THE CITY OF NATIONAL CITY By: By: Chris Zapata, Executive Director Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, I11 Legal Counsel tgt COMMUNITY DEVELOPMENT COMMISSION of the City of National City Chairmen Geergeit. woterr Members Mitch 8tovchomp ReIphIncunzu RoaMarrison ResalieG.ZWarf faecutiv.Otrector Paul Desrochers 140 E. 12" Street, SuiteB . National City, CA 91950-3312 • (619) 336.4250 • fax 336-4286 MEMO TO: Skip DiCerchio, Chief of Police, VIA: Tom McCabe, City Manager FROM: Paul Desrochers, Executive Director DATE: September 30, 1996 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH POLICE DEPARTMENT FOR COMPUTER MATCH OF SECTION 8 APPLICANTS National City Police Department (NCPD), upon request, shall provide information to the Community Development Commission of the City of National City (CDC) regarding criminal conviction records of applicants and current participants for purposes of screening families applying for or currently participating in the Section 8 Rental Assistance Program. NCPD agrees to do the following: 1. Provide computer search of Section 8 Rental Assistance applicants and current family participants each month for purposes of screening those applicants who have a past history of violent criminal activity or drug/alcohol abuse. 2. Search would be through ARGIS and if requested by CDC through CLETS and/or NCIC. Record search not to exceed last three (3) years. 3. Quantity would not exceed 100 individual records per month. 4. Information regarding applicants to be provided to CDC within 10 working days. Some. requests may require a quicker response. 5. Provide copies of arrest records as authorized by law, as needed as result of search. May include records from other police departments and may include the name and telephone number of a person's probation officer. 6. Pursuant to a CLETS and NCIC/FBI index criminal history check in the Automated System, NCPD will advise CDC whether or not there may be a criminal history file on the applicant/participant. (Continued) EXHIBIT "A" MEMO to DiCerchio via McCabe MOU with NCPD & CDC September 30, 1996 Page Two CDC will refer applicant/participant identified as possibly having criminal histories to NCPD for fingerprinting. NCPD will forward the fingerprints to the California DepaUpon reent of Justice receipt of the crimiFBI nal history checks, for criminal l the NCPDistory willforward information to the CDC. CDC agrees to do the following: 1. CDC agrees to pay up to $50,000 per year for the above -stated• services. 2. CDC will coordinate inquiries and will designate one staff person to be liaison with the NCPD. 3. CDC further agrees to establish and implement a system of records management ensuring that all criminal records received by the Housing Authority are maintained confidentially; and,- the CDC shall not disclose or use the information for any purpose other than that authorized. In addition, the CDC agrees to ensure that all records will be properly destroyed once the purpose for which the record was requested has been accomplished. NATIONAL CITY POLICE DEPT. Skip DiCerchio Chief of Police Dated: COMMUNI DEVELOPMENT COMMISSION OF T CZ OF NATIONAL CITY RauDesrochers Executive Director Dated: PoIice.Mou MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AND THE CITY OF NATIONAL CITY This Memorandum of Understanding, dated July 1, 2003 between the Community Development Commission of National City (CDC) and the City of National City, acting through the National City Police Department (NCPD). The CDC is in the process of formalizing the Memorandum of Understanding with the City of National City. In February 1995, the Community Development Commission and the National Police Department entered into a verbal agreement wherein the Police Department would provide the housing authority with drug and criminal history information for the purpose of screening prospective applicants and current partldpants of the Section 8 Rental Assistance Program. This verbal agreement helped the housing authority in complying with HUDs One Strike and You're Out" Screening and Eviction Guidelines for Public Housing Authorities (HAs). On September 30, 1996, A Memorandum of Understanding was entered into between the CDC and NCPD regarding a more formal request of the computer match inquiries from the housing authority. This MOU is subject to formal approval, and allowing the CDC the ability to properly screen prospective families during the eligibility and recertification process. The CDC and NCPD understand that the Section 8 unit will make all requests for computer matches as needed for the determination of initial or recertification eligibility. 1. NCPD Aorees to do the following: i. Provide computer search of Section 8 Rental Assistance applicants/participants will be provided each month for purposes of screening those applicants who have a past history of violent criminal activity or drug/alcohol abuse. ii. Search will be through ARJIS and, if requested by CDC, through CLETS and/or NCIC, Sheriff R101 File, DA Files and Warrants System. Record search not to exceed the last five (5) years. iii. Quantity would not exceed 100 individual records per month. iv. Information regarding applicants to be provided to CDC within 10 working days. Some requests may require a quicker response. v. Provide copies of arrest records as authorized by taw, as needed as result of search. May include records from other police departments and may indude the name and telephone number of a person's probation officer. vi. Pursuant to a CLETS and NCIC/FBI index criminal history check in the Automated System, NCPD will advise CDC whether or not there may be a criminal history file on the applicant/participant. vii. CDC will refer applicant/participant identified as possibly having criminal histories to NCPD for fingerprinting. EXHIBIT "B" viii. NCPD will forward the fingerprints to the California Department of Justice and FBI for criminal history checks. Upon receipt of the criminal history checks, the NCPD will forward information to the CDC. 2. CDC agrees to do the following: I. CDC agrees to pay up to $25,000 per year for 100 cases per month. If the caseload exceeds the average of 100 cases per month, each additional case will be billed to the CDC at a rate of $25.00 per case. ii. CDC wiq coordinate inquiries and will designate one staff person to be liaison with the NCPD. CDC further agrees to establish and implement a system of records management ensuring that all criminal records received by the Housing Authority are maintained confidentially; and, the CDC shall not disclose or use the information for any purpose other than that authorized. In addition, the CDC agrees to ensure that all records will be property destroyed once the purpose for which the record was requested has been accomplished. iv. The term of this agreement shall be from July 1, 2003 to June 30, 2006. NCPD agrees to assist CDC in this endeavor on the condition that the parameters of this MOU are followed. Community Development Commission City of National City of Naty Paul Desrochers, Executive Director Pa rfC L. Morse, Acting City Manager APPROVED AS TO FORM: George H. Eiser III, City Attorney City of National City COUNCIL AGENDA STATEMENT MEETING DATE: August 22, 2006 AGENDA ITEM NO. 14 /ITEM TITLE: Resolution of the City Council of the City of National City to support and authorize the submittal of a joint application and first year budget for a regional Enterprise Zone and authorize staff to prepare all required documents to submit a joint application for a regional Enterprise Zone to the State of California's Housing and Community Develop- ment Department. PREPARED BY: DEPARTMENT: Community Development Commission Angela Nazareno, Economic Development Manager EXPLANATION: In 2000 and again in 2004, the South Bay Enterprise Zone was expanded to include properties along the Bayfront rede- velopment areas of National City and Chula Vista. In turn, National City and Chula Vista, in collaboration with the Port of San Diego, provided funding to the City of San Diego to support the cost of managing the program and to enhance a marketing campaign for the Zone. Because San Diego's economy is regional in nature, collaborating with other local cities and the state to expand business incentives increases San Diego's ability to compete with other regions, create new jobs, and increase investment in our county. The California State Enterprise Zone Program offers tremendous business incentives and helps the region assist and attract employers. The specific benefit of being in the Enterprise Zone are that businesses located within the Zone may receive individual or corporate state tax incentives/credits to re- duce a company's state tax liability dollar per dollar. This zone is due to expire on January 27, 2007. The Cities of San Diego, National City, and Chula Vista are engaged in the task of completing an application for designa- tion for a multi -jurisdictional or regional Enterprise Zone (EZ) due to be filed with the California Department of Housing and Community Development (HCD) no later than September 6, 2006. HCD has a Request for Proposals (RFP) for new applications by local governments because twenty-three EZ's expire in 2006-2007. This Enterprise Zone Program is a long-term (15 year) partnership between local governments and private companies to generate new private sector in- - vestment and growth with the state providing performance -based tax credits and incentives to Enterprise Zone busi- nesses to: 1) promote "smart growth" by revitalizing chronically deteriorated areas; 2) hire the most difficult to hire resi- dents in private sector jobs; and 3) retain, expand, and reward businesses that participate in these objectives. The pro- posed EZ expansion would confer a significant economic and employment incentive program to the cities of San Diego, National City, and Chula Vista. This is especially true for National City since 90% of the City's Census tracts, all of the CDC's redevelopment project area, and Plaza Bonita (Westfield Mall), are all eligible for the Enterprise Zone designa-� Environmental Review: X N/A Financial Statement: N/A Account No. STAFF RECOMMENDATION: 1. Adopt a resolution supporting and authorizing the application and proposed first -year budget for a regional Enterprise Zone 2. Authorize staff to prepare all required documents and submit an application for a regional Enterprise Zone to the Cali- fornia Department of Housing and Community Development. BOARD/COMMISSION RECOMMENDATION: N/A ,ATTACHMENTS (Listed Below) 1. Map of proposed EZ boundaries 2. Proposed first -year administration budget for EZ Resolution No. 3. Resolution between the City of National City and City of San Diego RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING AND AUTHORIZING THE SUBMITTAL OF A JOINT APPLICATION AND FIRST -YEAR BUDGET FOR A REGIONAL ENTERPRISE ZONE, AUTHORIZING STAFF TO PREPARE ALL REQUIRED DOCUMENTS TO SUBMIT A JOINT APPLICATION FOR A REGIONAL ENTERPRISE ZONE TO THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, the California Housing and Community Development Department ("HCD") oversees the Enterprise Tax Incentives Program whose goal is to stimulate growth in economically depressed areas of the State; and WHEREAS, the City of National City wishes to be designated as an Enterprise Zone and wishes to join with the City of San Diego and file a joint application for an enterprise ;Zone designation ("Application"); and WHEREAS, the City has jurisdiction over the application area; and WHEREAS, the City supports job development, job creation, and economic development; and WHEREAS, City staff shall be available to maintain recordkeeping, monthly updates on zone activities, and to discuss these activities with program auditors; and WHEREAS, the City, in collaboration with the City of San Diego as Zone Manager, will develop a self -evaluation process to measure its progress in meeting its goals and objectives, a process which will be submitted to HCD for review and approval, as well as inclusion in a future Memorandum of Understanding between HCD and the City; and WHEREAS, the Application area has a history of high unemployment and low income; and WHEREAS, the multi -jurisdictional Application area is an economically depressed area and designation of the multi -jurisdictional application area as an Enterprise Zone is necessary in order to attract private sector investment to the multi -jurisdictional Application area; and WHEREAS, City staff shall complete all actions stated within the Application which apply to the City should the joint Application be awarded a Conditional Designation; and WHEREAS, funding and staffing to the Enterprise will occur through the Community Development Commission of the City of National City (CDC) pursuant tot a separate concurrent action; and WHEREAS, Mayor is authorized to sign the Application and other documents necessary for the implementation of the Enterprise Zone application. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby declares, as follows: 1. That the Council adopts a boundary of the proposed Enterprise Zone as described in Exhibit "A". Resolution No. 2006 — August 22, 2006 Page 2 2. That the Council adopts an overall line -item budget for year one of the Enterprise Zone that reflects the sources and uses of funds, as described in Exhibit "B". 3. That the Council finds that the Application area is an economically depressed area and designation of the Application area as an Enterprise Zone is necessary in order to attract private sector investment to the Application area. 4. That the Council authorizes the joint Application for Enterprise Zone designation to be filed with the Housing and Community Development Department no later than September 6, 2006. 5 That the Council authorizes and supports job development, job creation, and economic development. 6. That the Council declares that the City of National City shall develop a self -evaluation process to measure its progress in meeting its goals and objectives; and this process shall be submitted to HCD for review, approval, and inclusion in the Memorandum of Understanding between HCD and the Partnership prior to final designation as an Enterprise Zone. 7. That the Council agrees to complete all actions stated within the Application which apply to the City of National City should the proposed Enterprise Zone be awarded designation. 8. That the City staff have reviewed the proposed project for compliance with the California Environmental Quality Act ("CEQA")and has determined that the proposed action is an application for a possible future project. If conditional designation is provided by HCD, then environmental review shall occur and may be that an environmental impact report will be prepared as, and if, required by CEQA and HCD requirements. 9. That the Council directs the Mayor or his designee to execute and submit the required documentation to the California Housing and Community Development Department for review and approval of the Application. 10. That the staff shall return to the Council with a Memorandum of Understanding between the Partnership for the administration of the Enterprise Zone in late Fall. PASSED and ADOPTED this 22nd day of August, 2006. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney Proposed Regional Enterprise Zone Legend QPsVooel ramp* Zom 11111APPIPdonAao-0Wiaoid INIAPPlknioSAM-Cnmmmcid `Mwiapl Bowdd.o MCM1A. Yao QNotio I City —Ronda OBodin o!R4tr ]ANIS I.1 11. r� eq Xwn SANGEGI9.C�� Tea gnus ATTACHMENT B San Diego Regional Enterprise Zone Operational Budget - Year One Estimated Annual REVENUES: Vouchering of Eligible Individuals 2500 Vouchers x $50 Breakdown of fee: Required HCD Filing Fee (pass -through to HCD) 2500 x $10 $25,000 Application fee for local program administration (San Diego) 2500 x $40 $100,000 MOU's with Chula Vista and National City $194,000 Appx. $97,000 each $125,000 Marketing/Promotion from Jurisdictions San Diego $13,000 $5,000 Chula Vista $5,000 National City $3,000 City of San Diego Contribution $89,040 Total Revenue $421,040 EXPENDITURES: Staff (San Diego only) $365,040 NPE (Includes office supplies, computer, etc) $15,000 Travel/Training $3,000 Marketing $13,000 i HCD Filing Fee (estimate) $25,000 Total Expenditures $421,040 IN -KIND COMMITMENTS: The following jurisdictions will commit the folowing hours and associated in -kind contribution for assistance with the San Diego Regional EZ: Jurisdiction Hours Committed Value San Diego 1,000 Chula Vista $63,000 2 1,000 $54,600 National City 500 $16,900 Total In -Kind Commitments $134,500 Notes: 1 Costs associated with reprinting existing EZ marketing materials and mailing 2 Hours committed are in addtion to San Diego staff committed as referenced under "Expenditures". Updated 7/28/06 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: August 22, 2006 AGENDA ITEM NO. 15 ITEM TITLE: : Resolution of the City of National City authorizing the Acceptance of $314,301.51 in HOME funds for the City's Building and Safety Department for the purpose of rehabilitating low-income housing units, and Authorizing the Mayor to Execute an Agreement with the CDC for this purpose. PREPARED BY: DEPARTMENT: Community Development Commission Angela Nazareno Economic Development Manager EXPLANATION: The HOME Program is requesting the allocation of funds to the Building and Safety Department's Healthy Homes Dem- onstration and Lead Abatement Programs for the purpose of rehabilitation of owner occupied low —income housing units. Such eligible HOME activities administered through this program include but not limited to: weatherization, ADA compli- ance, lead abatement, code compliance, remodeling, or heating and cooling systems. Environmental Review: X N/A Financial Statement: Funds are available and budgeted through the HOME Program for a total of $314,301.51. Account No. ♦ I STAFF RECOMMENDATION: Accept and approve attached CDC Agreement and Resolution. BOARD/COMMISSION RECOMMENDATION: N/A TTACHMENTS 1. Resolution (Listed Below) 3. HUD Income limits 2. CDC Agreement 4. Healthy Homes Program Description Resolution No. 5. Lead Abatement Program RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF $314,301.51 IN HOME FUNDS FOR THE NATIONAL CITY BUILDING AND SAFETY DEPARTMENT FOR THE PURPOSE OF REHABILITATING LOW-INCOME HOUSING UNITS, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR THIS PURPOSE WHEREAS, the Community Development Commission of the City of National City (CDC) is in charge of administrating the HOME Program; and WHEREAS, the CDC is required under the HOME Program to assist low-income families with decent and safe living conditions: and WHEREAS, the CDC has funds totaling $314,301.51 from the HOME Program to allocate to the National City Building and Safety Department for their Lead Safe Abatement and Healthy Homes Program. NOW, THEREFORE, BE IT RESOLVED, that the City of National City hereby authorizes the acceptance of $314,301.51 in HOME funds for the National City Building and Safety Department for the purpose of rehabilitating low-income housing units, and authorizes the Mayor to execute an agreement between the City of National City and the Community Development Commission of the City of National City for this purpose. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND CITY OF NATIONAL CITY FOR THE USE OF HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS This Agreement, made and entered into by and between the Community Development Commission of the City of National City, California, hereinafter called "CDC", City of National City, hereinafter called "SUB -RECIPIENT." I. RECITALS A. CDC is recipient of funds from the United States Department of Housing and Urban Development (hereinafter called "HUD") pursuant to Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) as amended and the regulations of (24 C.F.C. Section 570 et seq. ("Regulations")(hereinafter called "ACTS"). B. CDC has approved the provision of federal funds under the ACT to be used by the SUB -RECIPIENT as provided in the program description attached (Exhibit "A") and incorporated herein by reference. C. SUB -RECIPIENT represents that it shall perform the work as set forth in the Statement of Work for a 12 month period beginning July 1, 2006 and ending June 30, 2007. D. SUB -RECIPIENT warrants that it has the expertise and experience to perform the work set forth in the Statement of Work. E. CDC shall provide HOME Investment Partnership Program "HOME" funds to the SUB -RECIPIENT in the amount of $314, 301.51, for the purpose of rehabilitating owner occupied low-income housing units in National City. NOW THEREFORE, in consideration of the foregoing recitals and based on the mutual covenants below, the parties hereby agree as follows: II. SUB -RECIPIENT OBLIGATIONS A. Use of Funds: SUB -RECIPIENT agrees to use all federal funds provided by the CDC to SUB -RECIPIENT pursuant to the provisions of this Agreement for said program. SUB - RECIPIENT'S failure to perform as required may, in addition to other remedies set forth in Page 1 of 12 this Agreement, result in re -adjustment of the amount of funds the CDC is otherwise obligated to pay to SUB -RECIPIENT under Section III hereof. 1. SUB -RECIPIENT agrees to use said funds to pay for necessary and reasonable costs to operate said program. Said amount shall include wages, administrative costs, employee benefits comparable to other similarly situated employees, and other allowable program costs. 2. SUB -RECIPIENT shall not use any funds received pursuant to this Agreement for the purpose of influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 3. LOW INCOME REQUIREMENT - The services to be performed by SUB - RECIPIENT be provided primarily to persons of low- income households. A minimum of 51 % of the persons provided services shall be of Iow income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit "B"). Grantee shall use reasonable means to determine the income level of each person or family served. B. Reports: The SUB -RECIPIENT shall provide the CDC with a quarterly report, submitted no later than 40 days after the last day of the previous quarter. The fourth quarterly report shall also include an Annual Performance Report. Said report shall include the following statistical date for persons/households served during the previous quarter. 1. The total number of persons/households served; 2. The number of persons/households receiving each type of service provided; 3. Of the persons/households served, the number of residents and non-residents of National City; 4. Annual gross household income by standard categories, adjusted for family size (low, moderate, other); 5. Race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); 6. Number of female -headed households served; and, 7. Narrative of contract objectives (in Agreement) comparing current objectives versus original objectives in Agreement. Provide explanation if not meeting original objectives. Page 2of12 C. Program Income: Transfers of grant funds by the CDC to the SUB -RECIPIENT shall be adjusted according to the principles described in 24 C.F.R. 507.504 (b) (2) (i) and (ii). Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall be paid to the CDC as required by Section II-0 of this Agreement and 24 C.F.R. 507.503(B). D. Uniform Administrative Requirements: The SUB -RECIPIENT shall comply with applicable uniform administrative requirements as described in 24 C.F.R. Part 85.22 and OMB Circular A-87 and I-122 and 24 C.F.R. 570.503 (D)(4). E. Separation of Accounts: All funds received by SUB -RECIPIENT from the CDC pursuant to this Agreement shall be maintained separately and apart from any other funds of SUB - RECIPIENT or of any principal or member of SUB -RECIPIENT in an account in a federally insured banking or savings and loan institution. No monies shall be withdrawn from such account except for expenditures authorized by this Agreement. F. Retention of Records: All accounting records and evidence pertaining to all costs of SUB - RECIPIENT and all documents related to this Agreement shall be kept available at SUB - RECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings, or litigation arising out of the performance of this Agreement; or (b) costs and expenses of this Agreement to which CDC or any other governmental agency takes exception, shall be retained beyond the five (5) years until resolution or disposition of such appeals, litigation claims, or exceptions. G. Compliance with Applicable Laws: SUB -RECIPIENT agrees to comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits, including but not limited to federal CDBG financial and contractual procedures, and OMB Circular Nos. A-87, A-122, and A-110 with Attachments A, B, C, F, H, N, and 0, as set forth in 24 C.F.R. 570.502(b). Said federal documents are on file in the office of the (CDC) Community Development Commission, 1243 National City Boulevard, National City, California 91950; and are incorporated herein by reference. The SUB -RECIPIENT shall secure any new permits required by authorities herein with jurisdiction over the project, and shall maintain all presently required permits. The SUB -RECIPIENT shall ensure that the requirements of the California Environmental Quality Act are met for any permits or other entitlement required to carry out the terms of this Agreement. H. Affirmative Action Policy: 1. Provision of Program Services a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with HOME funds. Page 3 of 12 b. SUB -RECIPIENT shall not under any program or activity funded in whole or in part with HOME funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or Deny any opportunity to participate in a program or activity as an employee. c. SUB -RECIPIENT, may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. SUB -RECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with HOME funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with HOME funds regarding which the SUB -RECIPIENT has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the SUB -RECIPIENT Page 4 of 12 must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a SUB -RECIPIENT in administering a program or activity funded in whole or in part with HOME funds should take affirmative action to .overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which HOME funding applies, the SUB -RECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. g. A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.), nothing contained herein shall be construed to prohibit any SUB - RECIPIENT from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. SUB -RECIPIENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. SUB -RECIPIENT shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, • without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, Iayoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. SUB - RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of SUB -RECIPIENT, state that all qualified Page 5 of 12 g• applications. will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. SUB -RECIPIENT shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of SUB - RECIPIENT'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. SUB -RECIPIENT shall furnish to the CDC all information and reports required by Executive Order No. 11246 of. September 24, 1965, and by the related rules, regulations, and orders. f. In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non- compliance; provided, however, that in the event SUB -RECIPIENT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, SUB -RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et Page 6 of 12 seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall also provide ready access to and use of all HOME fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). 3. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for furthergovernment contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. L. Ineligibility of Sub -Recipients or Contractors: SUB -RECIPIENT shall not use HOME funds directly or indirectly in its operations or to employ, award contracts to, or otherwise engage the services of, or fund any contractor during any period of debarment, suspension, or placement in ineligibility status of the SUB -RECIPIENT or such contractor under the provisions of 24 C.F.R. Part 24. M. Conflict -of -Interest: In the procurement of supplies, equipment, construction, and services by SUB -RECIPIENT, the conflict -of -interest provision in Attachment 0 of OMB Circular No. A-110 and 24 C.F.R. 570.611 shall apply. N. Condition for Religious Organizations: SUB -RECIPIENT shall comply with all applicable conditions of 24 C.F.R. 570.503 (b) (6) prescribed by HUD for the use of HOME funds by religious organizations if SUB -RECIPIENT is a religious organization. O. Suspension and Termination: In accordance with 24 C.F.R. 85.43, suspension or termination may occur if SUB -RECIPIENT materially fails to comply with any term of this Agreement and/or the award, and the Agreement and/or the award may be terminated for convenience in accordance with 24 C.F.R. 85.44. P. Reversion of Assets: Upon the termination or expiration of the term of this Agreement, the SUB -RECIPIENT shall comply with 24 C.F.R. 570.503 (b) (8) and transfer to the CDC any HOME funds on hand at the time of such termination or expiration and any accounts receivable attributable to the use of HOME funds. Any real property under the SUB - RECIPIENT'S control that was acquired or improved in whole or in part with HOME funds in excess of twenty-five thousand dollars ($25,000.00) shall either be: 1. Used to meet one of the national objectives stated in 24 C.F.R. 570.901 until five (5) years after termination or expiration of this Agreement, or for such longer period of time as determined to be appropriate by the CDC; or 2. Disposed of in a manner that results in the CDC's being reimbursed in the amount of the current fair -market value of the property less any portion of the value Page 7 of 12 attributable to expenditures of non -HOME funds for acquisition of, or improvement to, the property. Reimbursement to the CDC shall not be required after the period of time specified in Section II. O. 1. Of this Agreement. Licensing: SUB -RECIPIENT agrees to obtain and maintain all licenses, registrations, accreditations, and inspections from all agencies governing its operations. SUB - RECIPIENT shall insure that its staff shall also obtain and maintain all required licenses, registrations, accreditations, and inspections from all agencies governing SUB - RECIPIENT'S operations hereunder. R. Inspection of Records: The CDC and the United States Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUB - RECIPIENT'S activities and performance, to books, documents, and papers, and the right to ekamine records of SUB -RECIPIENT'S subcontractors, bookkeepers, and accountants, employees, and participants in regard to said program. The CDC and the Unites States Government and/or their representative shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUB -RECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. S. Independent Contractor: SUB -RECIPIENT'S relationship to the CDC shall be that of an independent contractor. SUB -RECIPIENT shall have no authority, express or implied, to act on behalf of the CDC as an agent, or to bind the CDC to any obligation whatsoever, unless specifically authorized in writing by the CDC Director. SUB -RECIPIENT shall be solely responsible for performance of any of its employees, agents, or subcontractors under this Agreement. SUB -RECIPIENT shall report to the CDC any and all employees, agents, and consultants performing work in connection with this project, and all shall be subject to the approval of the CDC. T. Liability Insurance: 1. SUB -RECIPIENT shall, throughout the duration of this Agreement, maintain comprehensive general liability insurance, covering all operations (of SUB - RECIPIENT, its agents and employees) performed in connection with this Agreement including, but not limited to, premises and automobile. 2. SUB -RECIPIENT shall maintain a minimum of $1,000,000 combined single limit per -occurrence general liability insurance and a minimum of $300,000 combined single -limit automobile insurance. 3. All insurance companies affording coverage to the SUB -RECIPIENT shall be required to add the City of National City and the CDC as "additional insured" under the insurance policy for all work performed in accordance with this Agreement. Page8of12 4. All insurance companies affording coverage to the SUB -RECIPIENT shall be insurance organizations authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California. 5. All insurance companies affording coverage shall provide thirty (30) days written notice to the City of National City and the CDC should the policy be canceled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. 6. SUB -RECIPIENT shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the CDC Attorney, concurrently with the submittal of this Agreement. 7. SUB -RECIPIENT shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the SUB -RECIPIENT to provide such a substitution and extend the ,policy expiration date shall be considered a default by SUB -RECIPIENT and may subject the SUB -RECIPIENT to a suspension or termination of work under the Agreement. 8. Maintenance of insurance by the SUB -RECIPIENT as specified in this Agreement, shall in no way be interpreted as relieving the SUB -RECIPIENT of any responsibility whatever; and, the SUB -RECIPIENT may carry, at its own expense, such additional insurance as it deems necessary. 9. SUB -RECIPIENT shall maintain, throughout the duration of this Agreement, workers' compensation insurance in statutory amount; and provide a certificate of insurance certifying that it carries such insurance; and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the CDC at the address specified in Section 1V. B. herein. 10. SUB -RECIPIENT may comply with the requirement of the Subsection T by maintaining a lawful self -insured status during the term of this agreement. U. SUB -RECIPIENTS Indemnification to CITY: SUB -RECIPIENT shall indemnify and hold harmless the CDC and it's officers, agents, and employees against all claims for damages to persons or property arising out of the conduct of the SUB -RECIPIENT or its employees, agents, subcontractors, or others in connection with the execution of the work covered by this Agreement, except for those claims arising only from the sole negligence or sole willful conduct of the CDC and their officers, agents, or employees. V. Assignment and Delegation: This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the SUB -RECIPIENT'S duties be delegated, without the express written consent of the CDC. Any attempt to assign or delegate this Agreement without the express written consent of the CDC shall be void and of no force or effect. Consent by the CDC to one assignment shall not be deemed to be a consent to any subsequent assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Page 9 of 12 W. Entire Agreement: This Agreement comprises the entire integrated understanding between the CDC and the SUB -RECIPIENT concerning negotiations, representations, or agreements. X. Interpretation of the Agreement: The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the CDC. The SUB - RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. Agreement Modification: This Agreement may not be modified orally or in any manner other than by an agreement in writing, signed by the parties hereto. Z. Attorney's Fees: In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing party all reasonable attorneys fees, costs, and expenses incurred by the prevailing party. III. MISCELLANEOUS PROVISIONS A. Termination of Agreement: The CDC or SUB -RECIPIENT may terminate this Agreement by giving written notice to the other party thirty (30) days prior to effective date of termination. Additionally, the CDC shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of any invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the CDC decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the CDC finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to: 1. Repay all monies received from the CDC under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the CDC. In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. Notices: All notices, demands, requests, consents, or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the Page 10 of 12 other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: TO: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950 and TO: CITY OF NATIONAL CITY Building and Safety Department 1243 National City Boulevard National City, CA 91950 Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of (a) actual receipt at the offices of the party to whom the communication is to be sent, as designated above, or (b) three working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above. C. Signatures: The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the SUB -RECIPIENT and the CDC. Page 11 of 12 IN WITNESS WHEREOF the parties heretofore themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed by setting hereunto their signatures this 22nd day of August, 2006. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ,By: By: Nick Inzunza, Mayor Nick Inzunza, Chairman Attest By: Chris Zapata, Executive Director Approved as to Form By: George H. Eiser, III, CDC/City Attorney Attachments: Exhibit "A" Program Description Exhibit "B" HUD Income Limits for the San Diego SMSA Page 12 of 12 No. Bed- room 2 3 4+ TABLE OF BASIC & MAXIMUM STATUTORY MORTGAGE LIMITS National Housing Act - January 1, 2006 21('0)3 (Nonprofit/Cooperative Mortgagors) and 234 BASIC L I M ITS 270 % Maximum Limits- High Cost Areas 240 % Maximum Limits- Other Areas 360 % Maximum Limits- Special Limit Areas Non- Elevator Elevator Non- Elevator Elevator Non- Eat#1 Elevator Non- Elevator Elevator 545,507 $47,890 52,470 54,897 63,279 66,755 80,998 86,358 90,235 94,795 122,869 129,303 141,669 148,222 170,853 180,239 218,695 233,167 243,635 255,947 109,217 114,936 125,928 131,753 151,870 160,212 194,395 207,259 216,564 227,508 163,825 172,404 188,892 197,629 227,804 240,318 291,593 310,889 324,846 341,262 Section 221(D)4 No. Bed- room 0 2 3 4+ BASIC LIMITS 270 % Maximum Limits- High Cost Areas 240 % Maximum Limits- Other Areas 360 % Maximum Limits - Special Limit Areas Non- Elevator Elevator Non- Elevator Elevator Non- Elevator Elevator Non- Elevator Elevator $40,955 $44,239 46,488 50,714 56,192 61,667 70,531 79,776 79,923 87,571 110,579 119,445 125,518 136,928 151,718 166,501 190,434 215,395 215,792 236,442 98,292 106,174 111,571 121,714 134,861 148,001 169,274 191,462 191,815 210,170 147,438 159,260 167,357 182,570 202,291 222,001 253,912 287,194 287,723 315,256 National City Healthy Homes Demonstration Program Abstract The National City Healthy Homes Demonstration Program (NCHHP) will demonstrate that by requiring regularly scheduled Healthy Homes inspections for rental units (annual or bi-annual depending on the condition of the unit) to ensure the absence of health and safety hazards prior to the rental of a unit, the number of sick or injured children will be reduced. This will in turn reduce the number of absences from schools, the number of EMT calls and ER visits due to asthma, poisoning, injuries and lead poisoning. The end result would be a savings in medical costs, and healthier, safer homes for National City families. The NCHHP will inspect 480 older deteriorating housing units where low-income children under 6 reside to assess any existing health and safety hazards and will evaluate children's respiratory health and risk of illness. The NCHHP will then repair/rehab 165 of the children's homes using grant funds. Of the total 480 units inspected, 215 rental units will be repaired using landlord resources and 93 owner occupied units using incentives. Lead hazards will be referred to the existing Lead Hazard Control Program. Our target area includes seven National City inner-city neighborhoods: West Side, Bay Side, El Pueblo, Civic Center, Central City, Olivewood, Sweetwater and Summercrest. These neighborhoods were selected because 86% of the housing stock was built before 1978 and 35% of the residents have children under the age of 6 who are living below the federal poverty level. Children under the age of 6 make up 11% of the population and 67% of the children in the area are Latino, a traditionally underserved minority group. National City is one of three cities in the County with the largest proportion of housing units in need of rehabilitation according to the AI. Seventy-six percent of the units are rentals and a majority of those have absentee landlords. It has the lowest median household income in the county with the highest concentration of minority populations. Area statistics indicate that children in the area have the highest rate of unintentional injury deaths among ages 0-19 and the 2" highest number of children born with low birth weight. Twenty-six percent of the Latino population does not have medical insurance. The National City Building and Safety Department is the lead agency and fiscal agent for the proposed Healthy Homes Demonstration Program, a coalition of local government, community -based nonprofit organizations, and health organizations including two core program partners: the Environmental Health Coalition (EHC), and Paradise Valley Hospital (PVH). Other participants include the National City Fire Department, Christmas in July, Metropolitan Area Advisory Agency (MAAC) Weatherization Department, the Burn Institute and a broad array of faith and community -based nonprofit organizations. National City will administer the finances and coordinate the project activities including; the identification and inspection of units, writing job specifications and bids, performing final inspections, leverage existing weatherization and rehabilitation resources and monitoring contract compliance. EHC will provide outreach, education, inspection services and perform training on toxic hazards in the home. PVH will provide inspection services, in -home education on asthma triggers and health care referral for respiratory illness in children. All program participants have experience in housing inspection, education and outreach. The Environmental Health Coalition is a 25 year old nonprofit environmental justice organization that promotes a holistic approach to health promotion, looking at both community and household factors that impact health since 1987, developing bilingual Spanish -English educational materials, providing training and outreach, and providing lead testing through a variety of funding sources. EHC staff will be creating education and outreach materials for the program as well as performing inspections. Paradise Valley Hospital Respiratory Care Department provides the only "in -home" asthma education program, exclusively utilizing respiratory therapists: The staff are licensed respiratory therapists and certified asthma educators (AE-C). The South Bay Asthma Advocacy Program was established in 2002 and provides in -home asthma education, environmental assessment and case management for asthmatic patients and their families. The staff is comprised of multi -racial, multi-lingual professionals whose mission is to create the preferred asthma disease management program. National City is committed to providing safe and healthy homes for the residents of the City. In addition to directing the Building and Safety Department to apply for a FY2005 Healthy Homes Demonstration grant, the City implemented a housing inspection program in 2001 that included lead inspections. In 2001 the Building and Safety Department received a State grant for Housing Code Enforcement and for Code Enforcement Capital Expenditures in 2003. It applied for and received a Lead Hazard Control Reduction grant in 2003. In 2004 the City formed an Asthma Committee to look into the increasing number of cases on asthma in the City. The City will provide housing inspections of electrical, structural, mechanical, fire safety and plumbing systems. The City will use it's code enforcement powers to require that all landlords not interested in having their unit repaired to fix their units with their own resources. We request $996,495.91 in HUD funds to implement our Healthy Homes Demonstration grant. Our matching funds are $ 370,903.78, comprised of $15,675.23 in -kind services from EHC, $ 27,219.00 in -kind services from PVH, $43,000 in -kind services from Christmas in July, $1,000 in -kind services for National City Fire Department, $75,000 in - kind services from MAAC, $5,000 in -kind services from the San Diego Burn Institute for smoke detectors and $204,009.55 in -kind services for National City Building and Safety Department. In addition, we will use code enforcement methods to enforce the California Health and Safety Code, which makes sub -standard housing and lead paint a violation of the law. The NCHHP will leverage at least $109,000 from property owners. The proposed program will contact 1260 units in order to identify 480 units to inspect. The inspection will consist of an initial EHC contact and visual inspection to see if environmental hazards exist and inspect for roaches and carbon monoxide, then inspections by PVH to perform an in -home environmental inspection for asthma triggers and the City to perform an inspection of the electrical, plumbing, fire safety and structure will be completed. A completed report will be sent to the landlord and 165 units that qualify will be referred for repairs using grant funds. If the unit does not qualify the owner will receive a notice to repair the unit at theirown expense. All jobs will be bid. A follow-up inspection will be done to educate the tenant on the prevention of environmental hazards. EHC will provide education and outreach for the program. The City will work on an ordinance to require regular inspections for all rental units in National City and will present the program to other code enforcement groups. Costs will be kept low by training local contractors and maintenance workers and by working with the Urban Corps, a local group that performs job training for at -risk teens and by using previously developed lost cost methods of repair. National City Lead Hazard Control Program Summary National City is pleased to announce the award of a new grant from the HUD Lead Hazard Control Program, This grant will provide funds for the reduction of lead hazards in approximately 410 privately owned single - and multi -family residential units in National City where low-income children under six years old reside. Our target area is five National City inner-city neighborhoods: West Side, Bay Side, El Pueblo, Civic Center Qd Central City. These neighborhoods were selected because 86% of the housing stock was built before 1978 and 35% of the residents of the target area who have children under 6 are below the federal poverty level. The target area has 537 units and 1200 children that are considered high risk. The National City Building and Safety Department is the lead agency and fiscal agent for the proposed Lead Hazard Control Program, a coalition of area government, community -based, and nonprofit organizations, including as core program partners the National City Community Development Commission (CDC), Environmental Health Coalition (EHC), and the Metropolitan Area Advisory Committee (MAAC Project). Other participants include .the National City Health Center, Operation Samahan Clinic, MAAC and SDG&E Energy Team weatherization programs, and Christmas in July housing rehabilitation program. National City will coordinate and administer project activities and finances, identify units, perform lead risk assessments and clearances, leverage existing housing rehabilitation resources, and monitor contract compliance. EHC will provide outreach, education, and recruitment services, perform training in lead hazard reduction cleaning and maintenance techniques, and create a public registry of lead -controlled homes. MAAC will perform the lead hazard control work. EHC will ensure that children under six referred to the program receive lead screening through the local clinics. The County Health and Human Services Agency will provide case management. EHC is a 23-year-old non-profit organization that has been involved in lead poisoning prevention education since 1987, developing bilingual Spanish -English educational materials, providing training and outreach, and conducting lead testing through a by a variety of funding sources. MAAC Project is a 35-year-old multipurpose social service agency with a focus on the Latino community. In' 1992 MAAC became the first non-profit organization in California licensed to perform lead removal and weatherization services. MAAC staff is trained to'conduct lead hazard control and interim control activities. In the past National City has been committed to eliminating childhood lead poisoning. In 2001, the City implemented the Housing Inspection Program that included lead inspections. The housing inspectors were trained to identify lead hazards. In addition, the City distributed paint for those tenants and owners willing to paint their homes in a lead safe manner. The City also held lead seminars and :distributed brochures to let the residents know of the dangers of lead. Lead is listed as a code violation by the housing inspectors. The City will receive $2,984,152 in HUD funds to implement our Lead Hazard Control Program. Matching funds of $1,569,423 come from in -kind services from all partners. In addition, we will use code enforcement methods to enforce the California Health & Safety Code, which makes lead paint .hazards a housing code violation. Rental property owners who can afford to will be required to control -the lead in their rental units. The proposed i,ead Hazard Control program will provide up to $12,500 for labor and materials per single- family unit and up to $7,500 for labor and materials per multi -family unit with an additional $10,000 to control lead hazards in common areas. Over the course of the 42-month grant period, approximately 110 residential units will be treated. All tenants and owners of units undergoing lead hazard control will be provided with information on lead -safe cleaning and maintenance practices and be encouraged to attend a fret hands-on workshop. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 16 ITEM TITLE TEMPORARY USE PERMIT — 14th Annual Fiesta Filipiniana-Mexicana Karaoke Competition hosted by the Seafood City Supermarket on September 16, 2006 from 10 a.m. to 10 p.m. at 1420 Plaza Blvd. with no waiver of fees. EXPLANATION PREPARED BY DEPARTMENT Joe Olson, 336-4210� Building & Safety This is a request from the Seafood City Supermarket to conduct the 21st 14th Annual Fiesta Filipiniana- Mexicana Karaoke Competition at 1420 Plaza Blvd on September 16, 2006. This event will include 3 food canopies and DJ entertainment on a stage supplied by the sponsor. The sponsor has not requested a waiver of fees. Environmental Review X N/A Financial. Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for the Fire permits. Total fees are $694.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) A-44: 41(4,i/U.: Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. 1 A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Seafood City Supermarket EVENT: 14th Filipino -Mexican Karaoke Competition DATE OF EVENT: September 16, 2006 TIME OF EVENT: 10 a.m. to 10 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: ENGINEERING No CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. Please call the Engineering Department at least 72 hours prior to the event for any necessary coordination with the Contractors in the event of construction in the vicinity. Please contact Charles at 619-336-4380 FIRE (619) 336-4550 1) Maintain emergency vehicle access to all store, fire department connections and fire hydrants. Minimum clear width of access roadway is 20 feet. 2) Tents having an area in excess of 200 square feet and canopies in excess of 400 square feet or multiple tents and canopies placed together equaling or greater than the above stated size are to be used, they are to be flame-retardant treated and a permit from the Fire Department must be obtained. Permit fee is $349.00. Fees can only be waived by the City Council. 3) One 2A:10BC fire extinguisher is required in the stage area. One 2A:10BC fire extinguisher is required for each group of three canopies or portion therof. FINANCE (619) 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. NATIONAL CITY, CALIF. Actual Event Hours: (D am/pm to (� am/pm Setup/assembly/construction Date: ! //to Start time: gl a1")./ Please describe the scope of your setup/assembly work (specific details): Type of Event: _ Public Concert Parade Motion Picture Event Title: Event Location: Fair Demonstration Grand Opening Festival Circus Other y Community Event Block Party /` /VG C4 c/ Event Date(s): From & I /f to Sr(r 1 fI - 4 Total Anticipated Attendance: V Month/Day/Ye( Participants) ( Spectators) Dismantle Date: 9/ /6 Completion Time: (5 c -- am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. h /A Sponsoring Organization: 7� 4..�t � For Profit p Chief Officer of Organization (Name) �V" D IZ Q S 140.%/e E — Not -for -Profit Applicant (Name): P 9 ,O SC.£2 Address: go G - // M /9A)JC C S,(v Daytime Phone: (00� gP-G0 ening Phone: (C/ -40 gr : ( Contact Person "on site" day of the event: SoS'n c L "��� Pager/Cellular: 6 ) g — (74‘a 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? YES NO Are admission, entry, vendor or participant fees required? _ YES _ NO If YES, please explain the purpose and provide amount(s): $ ('Ott Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. ,te. Q -/,--ore., �= c✓ 1 cr-s, Pt. '(s adPu.c t c - (L--", 2. _ YES ✓_ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? if NO, list any additional dealers involved in the sale: — YES NOCDoes the event involve the sale or use of alcoholic beverages? YES V NO Will items or services be sold at the event? If yes, please describe: YES /O 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. �J YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 3- S" Sizes / O )C (p NOTE: A separate Fire Department permit is required for tents or canopies. YES j !O 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: 'l-r , If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): �� Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Y Fencing, barriers and/or barricades • Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your plans to notify all residents, businesses and churches impacted by the event: a e_7 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: 1 PPL- Number of Bands: NO Will sound amplification be used? If YES, please indicate: Start time: (0 am/pm Finish Time am/6) r/YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES Fireworks, rockets, or other pyrotechnics? If YES, please describe: d YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: tkt Revised 08/10/05 5 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 S L-a4- Address S 2A- (p" J2,- fit! G C Telephon (?) g YL-%bd Date(s) of Use (371/4/04 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. ignature of Applicant Official Title Dat For Office Use Only Certificate of Insurance Approved Date 7 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 rr ooustK Chamber Benefits iris. Program License No. 0084263 P.O. Sox 124640 San Diego CA 92112-4640 Pbons:619-544-1323 Fax/619-744-7423 INSURED o. 211. a Mena eT Corp. Zxutx4vHan�eros Pomona rt E/6s--ssi COVERAGES NOV-28-2004 04:02 From: 07/12/2006 RID 16:18 FAX Chamber Benefits Ins, To:6194771024 affk P.2 i(scl.i g001/002 AcoRD. CERTIFICATE OF LIABILITY INSURANCE FOR THIS CERTIFICATE IS ISSUED AS A MATTA ONLY AND CONFERS NO RIGHTS UPON HOLDER, THIS DOEST ALTER THE COVERRAGE ATIFICAFFORDED BY T1 INSURERS AFFORDING COVERAGE INsuRCR ti INSURER D DLSURER C. k'POAwx OWNS c.•aa x • C. sPC'if0Cii1d In..R...,. Papua 1- nAlsoloteererrn 07/12/ 06 OF INFORMATION CERTIFICATE O, CICTENO Chi POLICIES BELOW. NAIL $ INSURER E. nr oucesGFIIEJ mczuWEDIr.ommme C7i6EU®701HFMISUNFoseesAaWrmeTHEPOLICYPERrDIN01CATC2N0YIfmove ANY EMEW)WENf. TET I OR CONDIIXIN OFANYCONINACTCR OWN DOGIN,u• T WRH RESPECTWIIICN T1R CCRTMCATE MAY 9E ISSUED OF FAY POITAK THE FOURMICE AFFORDED NY TNOPDLICL. Dc4pa4CI Mom M Duwr.CY 70 All THET6NaB. LKCWWON4 ANDCORDITON$ OP POTX.W.. 40RE4AT:1a71SSHOWN MWYHAVC BM MOWED 5Y PAIO CLADS. FLN rL neworMTMUNANaL PDLGwwmasms A GENERAL LIABILITY X X OVANYiCNI.GEwALIYALJ7Y CIAaa MVO El OCCUR X 410.000 Ht/PD bed cuff. A ,OGREQATE uuKAPPLES PER; Paw, n BOOBOO .i LIAIX1 Y X ANY AUTO ..-.. ALL OWNsom$1 $ SCNEOULED AMR X HIRED AUTOS X NOTa0wNEDMJTO$ a OARAGC LNOIYTY ANY AUTO PM915148601 B/91514e601 06/03/06 06/09/06 Pin UretLj s. 06/03/07 06/03/07 EACH OCCU IAEDWONATeal LEMMA PERSONAL . URY GEHERAI. - TO 11000000 $ 300000 : Excluded $1000000 $5000000 PROCUc7G• • •.• PAGG $2000000 Emp Ben . COMBINED!) (EA aoxianO 1000000 41000000 E BOOLLYINIURY (P.. ICmn! !P., AMmmq mass ammaLA ummnv — GOWN Q CLAm AND! COXIM fLE X Maros OH M 10, 000 la ONAND NATIPioamoutY mwRIONMGIWArEIWALTWIIM 3AL nowt* ondo. P4i uL PRQVGIOH$ Maw AUT1ONLY., CA IOENT s OT(Bt 1HAN AUTO ONLY: FA ACC UW391s146601 MC0172303 06/03/0C 12/01/05 EACHOCCUR AOC 06/03/07 12/01/06 A Sum Pens Property LTM915148601 06/03/06 06/03/07 Special Form DancarTI N GP OPERATIONTtI LoGYT4ha! VLWCLESI EA47.U71ONs Aeons Tyr 4NDOR$EA1ENT I Boma,. PROM10) S Carcificata IIoidvr is named am addji_tohaj insurod but only as tieste Filipina-144ucicana a seafood City Storm, 1420 2 Plaza Blvd NaWionpa, City CA on 2 ptaaWWX 16, 2006 *10 days notice of cancellation E.r aen-payaent of pzmmmiun. CERTIFICATE HOLDER A66iY,GTC t S $10000000 110000000 4 x ITa""iIYD` El EACH ACC 31000000 L. D13EA$E. 7 TSIPLCM,EI. E.I. DISCAGC • BPP rocpoara to Y LIAET $1000000 $1000000 S3,000,000 Bay Plasm, LLC Safoo Capital Corp 1850 4. Sepulveda Blvd., 1200 Les Angeles CA 90025 ACORD 25 (2001168) cANGELIATION SHOULD mer of vie AoOyE onefaB W POuc=L= RalANCELLED BEFORE Iwa EFF,FLL DD PATOYocas:4, Tn5 GSUNG BSUIWN WILL ENDEAUGR TO MALL 30* DAYa want* NOTICE 70 ma exim RTCATE Mtl.OER NAMED TD Tt...COY, PUY rAn.UK8 70 DO SO SINV, IMPOSE NO ONIIOATION OR URN-GT OF ANY KNID I. N The INSURER, its A,6SNTR IPR ACPPi941fTAIWC3 NAPKWIENTAM 0 /CORD CORPORATION 1988 HOV-29-2004 04:02 From: 07 i12/2006 WED 16:19 FAX Chamber Benefits Ins, To:6194771024 Q-flo : Suss P.1 002/002 _ FORTJ-ice ACORD_ CERTIFICATE OF L1ABIL1TY INSURANCE Opt Da1c(wRBDDmnv 07/12/06 EXTEND OR RELOYV. rRoouctp cnxmbor Baaofits Ina X. Pr°gran License N0. 0084263 P.O. Box 124640 San Diego CA 92112-46d0 Phame:614-544-1323 tar :619-744•-7423 THIS CERTIFICATE 18 isSUED AS A MATT- ONLY AND CONFERS NO RIGHTS UPON ThE HOLDEN. THIS CERTIFICATE DOES NOT AII!ND, ALTER THE COVERAGE AFFORDRDBYT`I7POLICIES i OF INFORMATION CERTIFICATE MISURERSAFFORDING COVtRAGC NNCA WSWWT, POrler.t'Lit1tne tiverOOSCOr10' 2883 Pomona u naCCA7- A 31663251 BZUR!lRk. Aegenaut (iaNr 4•.'LxN3 I,Ct, INSURERS: 2sxinpti•1d xnaurart o Company INSURER°, WSUREiv .., tiSVRCR S GVYCAAVCp THE POUCCS Or INSURRNCELI$TE0 BELOW HAVE BCRN IBrUNO TO TNi MIRED NAMED AEOYE FORTNE POLICY ;Y PFRIDD INDICATED. NOTWfTNST ANY RCOUIRCMENT, T I M OR CONDITION OF ANY CONTRA= OR OTHER DOCUI6NT WRIT RE5 CT TO WHICH MG =RI IVICATE MAY BE ISSLED • WO( KRTAN, ma INaURARcSAPPO ce06Y TNT: FOLW= DEOCRtYD NBRPh416 SUBJECT TOA.LIN61 '5. 041.1 IONS AND GONDITDr15 OF PO�LIC�yES. AOGRECase LMTD DNOWN W V HAYS BEFIT REL XSD DY PAID CLARA, •ING I , .N U�y Tyi'B-01F1N POLICY MU1186A •A'�r..i. i Bl'IJ0. Lu., ` �, Limn La11st:Mi� E.N0N OCCU DE s 1000000 DENEPo(L LL✓IIKLiT'( TM916146601 06/03/06 06/03/07 toodSEs (t+ -. revs) $ 300000 A X X , COA4IeKCUID@IEINLLLABILITY MADE X OGOUR LCD QU` (A^T ppRmn) s Excluded CWMS PERSONALS INJURY t 1000000 $X/PO TDO& CENERALACC S TE 55000000 x 810,000 ,- • - •• AGG 5 DFRL 6GRE64T4. ( �I {4f If,�1 e• Ben 1000000 ABTCYDWLr LWBIUTY BA915148601 06/03/06 06/03/07 LOLI8INEDSIN (E"A1tle I) ELIwr s1000000 A X I. ANYAUTo ALL OWNm AUTOS' BOOBY INIUR (Par person) I■ X tiON:DULEO AUTOS HIREOAUT05 - - NOOC•Y.IfilUR (Per arnionl) NOM.owW 3 AUTO$ PROPERTY •' rE (Pdo aeiew+l) AUTOONLY. IDCNT e OAWN064NIaILm EA ACC $ ANYAUTO OTNERTT e! AUTO ONLY' AGG [ACM OCCUR-= GE 510000000 C%GCOO/UJM RZtJ.ALiA•IEJTT, 06/03/06 06/03/07 AGGREGATE I_ t 10000000 X , DLCUR u OWITI9 MADE UMBS/5148601 S IIIIIII! x DC[TJ0T6LG R T s10 000 t xl 1A [ i° WORKERS COW BICIATIOH AND EMPLDTERSLwBKa1Y 12/0i/0b 12/01/06 E.L.CACN • NT 51000000 IJ ANY pROPRICronmAATNEIVEXECETIYE GxcLUoEsn wC0173303 E L DISEASP • - ELIPUM r - ,1000000 OFRCER/MF.LRKA CL. 0ISCAfE--*UCYLNIT $1000000 A arms Bug Pero propsty G OF °ruin- oo 1 LOCATION9!VOI1OI,o0 r CIWL.U5oN5 ADDED LYI' ENDOT:SIZNIWT/ 8PCCIAI rnovraiONS T3older is named as additional inaurad but only as respoate to E'ilipina-4oxi.cnna @ Seafood City Store, E Plaza Blvd NationnT- City CA on Septabr 16, 2006 days notice of cancellation for nen-payment of premium. r. A.IM1eY I ATrsJ CERTIFICATE HOLDER CITXNAT City of Nations]. City 1243 National Ci Blvd. NA#.i.nna1 City cA 1950 ACORD 25 (2001f09) CNOULO ANY OP THE 1WOYE DGSCRIDCD roLiCS,D Et CANCELLED BEFORR TNR EXr1 RATf)N. DATE TNEREOP, TH6168V11.10 INSURER WALL ENDEAVOAT4 NA1 30+ OAYSYJWTTEF NOTIC5 TO Tlll ctrenr ATE HOLDER NAMED TO TIK LCr1, OUT PA' W F.L TO PO 80 al4M t. 14r032 N0 ORUORT74N OR WA. -Mr or ANY 10NO J ON T'HE Ate URER rre AC eNr] OR R.TT7 E9ENTATMS, z0AGGRO CORPORATION 1989 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 17 il-TEM TITLE TEMPORARY USE PERMIT — Pinery Christmas Trees Pumpkin Station from September 29, 2006 to October 31, 2006 (10 a.m. to 9 p.m. daily) at Plaza Bonita Mall adjacent to Outback Steakhouse with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Pinery Christmas Trees to conduct the Pumpkin Station event at Plaza Bonita Mall from September 29, 2006 to October 31, 2006. This event operates daily from 10 a.m. to 9 p.m. This event will include children's rides, a boat ride, games, popcorn, sodas, a petting booth, as well as the sale of pumpkins. Free entertainment will be provided on Saturday's and Sunday's, including magicians, ventriloquists, jugglers, and a puppet show. Halogen lighting, string lighting, and light towers will provide illumination throughout the evenings. First aid kits are located on location, as well. Private security will be present during high -traffic periods each day. A waiver of fees was not requested. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for the Fire permits. Total fees are $694.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resoluti No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Pinery Christmas Trees EVENT: Pumpkin Station DATE OF EVENT: September 29 to October 31, 2006 TIME OF EVENT: 10 a.m. to 9 p.m. daily APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: ENGINEERING No CIP Projects in the event's vicinity anticipated as of date. Please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FIRE (619) 336-4550 1. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fee is three hundred and forty nine (349.00) dollars. Fees can only be waived by the City Council. 2 No Open flames or smoking inside or adjacent to the tent/canopy. Signs to be posted - NO SMOKING. 3. Exitways to be maintained in an unobstructed manner at all times. Exitway to be clear of all obstruction for its entire width and length. 4. Exitways to be illuminated and posted. 5. Fire extinguishers shall be on premises, type 2-A:10-BC, Travel distance not to exceed seventy five (75) feet. 6. Fire safety inspection to be conducted by fire department personnel, prior to opening to the public. 7. Fire Department access roads shall be provided and maintained at all times. Minimum roadway width to be maintained at 20 feet. 8. Automobiles and other internal combustion engines shall be a minimum distance of thirty (30) feet from all tents and canopies. 9. Fire hydrants, Fire Department Connections and any other fire safety appliances shall not be block or obstructed at any time. FINANCE (619) 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. RISK MANAGER 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City Of National City and it's officials, employees, agents and volunteers be named as additional insured on all policies. 3. Execute standard hold harmless with the Parking Authority as well as The City of National City. (Done) Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Event Location:50W Event Date(s): From 924 Fair _ Demonstration _ Grand Opening to Month/Day/Year Actual Event Hours: /0 m to Setup/assembly/construction Date: Festival Circus Other Community Event Block Party C jAe€nf to att t,4aeiL s ouse) Total Anticipated Attendance: ( Participants) Spectators) Start time: d 4N, ( Please describe the scope of your setup/assembly work (specific details): �r✓Skt.LL f4»in, S.e.1 z.p [ID D t/ �'.¢,y�p r r api - S S.eipip je-1/.1e_i_Lc-71•y/col Dismantle Date: -•11/r Completion Time: S a //NO f List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and tim of reo ening. Sponsoring Organization P4eY lAviSt'/,iAs 771111 J( For Profit y, ^ ) Not -for -Profit Chief Officer of Organizn (Name) Applicant (Name):QfZ14/� 8R.t t2 t IQ'/Vs� Address: /066s- OG/'!'/4 ) in�0-40 /Qyt,�! +� C� :// Daytime Phone: (t5)S64.744.4 Evening Phone: ( di t! Fax: $'tS3i "98 7 6 Contact Person on site" day of the event: z'fzQ 6 6P/Z/ V E: Pager/Cellular: srt— 10 t&—pd/ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Fees The cost of processing the permit is dependent on the number of departments that must review the application. The maximum fee is $345. Unless a fee waiver is requested, the application fee is required at the time of submittal. The temporary use permit fees for events which are later withdrawn are nonrefundable • Wajver of Fees To apply for a waiver of fees the Request for. j Fed Waivec.txtust be completed and submitted with the application. Fee waivers'are generally 'granted for non- profit organizations that can demonstrate that the event will not generate any income to the organization, or that the net proceeds of the;event will result in: a) direct financial benefit to an indibidual who resides or is employed in the city;' add who is in dire} financial need due to health reasons or a death in the family; or b) direct financial benefit to city government such as the generation of 'sales tax; . c)` direct fnanciatbenefit 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;°etc; or d). direct financial benefit to an organization, which has been the direct recipient of City or Community Development Block Grants (CDBG) funding. Only the City Council has the authority to grant a waiver of fees. Duration The Class A Temporary Use Permit will be valid for ten days or as limited by the City Council. The permit is valid for the dates specified on the permit only. ,Insurance Where the useoffCity facilities is involved, the applicant may be required to provide a certificate of insurance, evidencing combined single limit coverage of at least $1 million and naming the'City"of National.City and its officials, employees, agents and volunteers as additional:insured's. Amounts of coverage are to be determined by the National City Risk Manager. In all cases involving. the use of City facilities, the applicant is required to provide a Hold Harmless Agreement holding the 'City harmless from liability arising from the use of the facilities_ Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES NO YES k NO $ /' a vt Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ /3d, DO Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event Include details regarding any components of your event suctias the use of vehicles, animals, rides or any other pertinent information about the event. LPL. at -At YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: Business Licenses A business license is required if monies are solicited; admittance is charged; or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. Fireworks A fireworks permit must be obtained from the Fire Department. The fee for the permit is $349.00. The permit must be obtained at least two weeks prior to the event. The Fire Department has absolute authority, control and decisions over all fireworks and/or pyrotechnic displays. An inspection from the Fire Department must be obtained prior to any ignition of fireworks. Tents or Canopies A permit is required from the Fire Department to erect a tent excess of 200 square feet or a canopy in excess of 400 square feet or any combination that exceeds the limits. Tents and canopies shall be treated with a flame retardant and labeled as such. The fee for the permit is $349.00 and may be obtained frcm the Fire Department. 4,17, vi Please describe your procedures for both Crowd Control and Internal Security: WO__ hIre- 7r'lea, $.2G44 vi r) rl 6-L45 y f.2 el d YES )40 Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: XYES _ NO Is this a night event? If YES, please state how the event and surrounding area will be ' luminated to ensyre safpty of the participants and pectators: d NS.a Aot,,LD3.e. Please indicat� what arrangement you h ve made for prg� _idin First Aid taffing and Equipment. W e ha v.e. L t r s 't— 7`� Yr S Please describe your Accessibility P},an for access at y ur event by individuals with disabilities: —i—k - —CL Ca. 7:2a vICJA a1 ire t; G- —e Ple e provide a etailed de cription of your PARKIN S plan: (L£x412Va1 4 ?aV, Please describe your plan for DISLED PARKING: 440 V -Q- 4/1/4.1 L4,i.ee YES NO ‘it . YES NO YES gNO Does the event involve tha sale or use of alcoholic beverages? Will items or services be sold at the event?. If yes, please describe: ait rIAmy JMl) 0,11 �dV ,Vr CAI > ga►� t, teeter', So dt 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. Does the event involve the use of tents or canopies? If YF�S: Number of tent/canopies '� Sizes /' 10;fd 3aO J'ID X U, 3 •2Ox y0 NOTE: A separate Fire Department permit is required for t4nts or canopies. 0 Will the event involve the use of the City stage or PA system? )YES _ NO YES In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: „ Y V V v 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: prGpyn, r� la_�I ♦ If you intend to cook food in the event area please specify the. method: '. GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets:. .5 . Cl, 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 y Trashcontainers 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 he'retL rned to a clean condition. ) Number of trash cans: Trash containers with lids: Describe your plan for clean up and removal of wa le and garbage during and after the event: 2/CZa 7-9 T rn.L $ pi.ee-/L at ,v e Please describe your plans to notify II residents, businesses and churches impacted by the event: d. Cr NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YEST 610 Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES,NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YESXNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES ,(NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: g,[ YES — NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: For Office Use OnCy Department .. Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department C) 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 undeyfi permit bythe permittee or its agents, employees or contractors. Signature ppll Official Title For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a,direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) Pumpkin Station Bonita Plaza Shopping Center Temporary Use Permit Application Description of Event: Pumpkin Station is a pumpkin patch and a children's carnival combined We cater to children age 2-9. We offer numerous rides including a boat ride, car ride, swing ride, bumble bee swing ride, X' toot ride, inflatable slide, inflatable pumpkin jump, and petting zoo. Pumpkin Station also provides free entertainment on Saturday & Sunday's which include magicians, ventriloquist, jugglers, live animal show and puppet show (4 shows per day each weekend). Also available are 4 different games for the children, Turtle Fishing, Pumpkin Toss, Tic Tac Toe, and Ping Fong Toss with a winner every time. Pumpkin Station also offers Group Packages to local schools, day care centers and other children groups. Pumpkins We offer a very large selection of pumpkinsfrom 111 size to Bodacious Pumpkins weighing over 150#. We also offer bales of straw, corn stalks, gourds of all sizes, and other holiday decorating items. SienaRe We have 2 signs— on at our entrance (4' X 8') and one on our storage trailer (10' X 40'). Experience This is our 81h year of experience operating Pumpkin Station —1 year at Plaza Camino Real in Carlsbad, 4 years at Mission Valley Shopping Center in San Diego and the last 4 years at Bonita Plaza Shopping Center. Cf.1(//o/ /91/0) 5 2e ? �S z,1 .Y�/ del ?1 -"My Sa tivcA 6 d 3,nrvvltV3 • .-- i nA • 4 3 June 4, 2006 Kathleen Trees City of National City Building & Safety Department 1243 National City Boulevard National City, CA 91950-4301 RE: Temporary Use Permit Pumpkin Station Dear Kathleen: WesifieW' Plaza Bonita 3030 Plaza Bonita Road. *2075 National City, CA 91950-8007 7Naphona 1619) 287-2880 Facsimile 1810472-BO62 I hereby authorize Norm Osborne, acting as representative of Pinery Christmas Trees, Inc., to operate a business known as Pumpkin Station in the parking lot Lot #2 at Westfield Plaza Bonita during the dates 9/29/06 through 10/31/2006. Ile has permission to install two (2) temporary power poles in parking lot #2 to provide power during the Pumpkin Station occupancy. Pumpkin Station will begin installation at Westfield Plaza Bonita approximately 9/8/2006, with grand opening 9/29/2006. Please call me if you have any additional questions. Thank you. Sincerely, Donna Kudrick Specialty Leasing Manager Plaza Bonita • Ylistftetct ereeneereae SPECIALTY RETAILING PROGRAM TEMPORARY REVOCABLE LICENSE PLAZA J3CINITA 3030 Plaza Bonits Rood #2075, rihtlotimi City, CA 91950 Agreeman between Westfield Corporation, lea, es meager for owner (Name) Pinery Chrlstmu Trees. Inc. do Norm Osbone (DBA) Pumpkin SWlon (Address) 10665 Brookriew lane, San Diego, CA 92131 (Phone) 8311-566.7466 hereinafter referred teas Uarese. Licensor grew Licensee a non-exclwWe, revocable, temporary license foe the punnet of rp, 11 1 (herein :referred Io as the Licensor) end shopping center ("Shopping center") (peeled al the Indiealed rots the perlodG) ofr _ - 9/29/06 The parties named above eerie is follower 1) Lkensee wrier to pay Licensor 15,000 all "Gross Sal $ a" exceeding150,000 • promotional fee of $ N/A to id/31/06 per period a Hume t'a and in addition will pay IUSL Additional charges of $ N/A per N/A Perth and other feodchorges of Security deposit on Ole ($1,000) for u liana, raooable u the will of the Licensor, to generate sale wlUdn the Shoppbrg The tens "Gross Sales" shell mean the entire amount of the actual sake price, whether for cash or on credit or for any other eonsldension, ell of the sake (Melo II 16- 6nsnekg thereof) of merchandise and ell charges made by Licensee (or anyone in Licensee's ha ndl) for the rendition deaden of any kind whatsoever. and all other . 11;,;: }I of all business conducted in, at or from the Location. Including ell deposits nor re4anded to purchasers, orders Wren in or from the Location Although filled elsewhere 11,4 a uncollected or uncollec ible credit aaounls. All sales and orders originally made in or at the Location shall be consider ed es made mad completed Herein, even deli tit 4. payment of tba amount may he trmufened es some other ot0a of Licensee for collation, or although delivery of merelsardiw sold or the pafaasanw of service ordes,7,' v:n a the Location be made from or ale plea other thin the Leaden. There shall be excluded flan Owes Sala any annn collated end paid oW ke any a1a, eaten a o Ins + b bawd upon the sale or sake of merchandise and moulted by law, whether now or hereafter In trot, to be mid by Licensee at mikmsd Mtn ire asdanea, to the torsirh such taxes have item lidded to end Inoludd In the thou Sales plot 'Ms tare Grua gels shell nut Include We transfer a inchin6a of maehandlae bower the dl,,i.ix • Licensee, if any, where such trusters or exchanges of merchandise we made solely for the comenitnl operation of the business of Litanies and not few Ow pus, a •t.,. v consummating a ule, which has therefore been made in or at the Location or for the purpose of depriving Licensor or We benefit of • sale which odsawise would be omh_It e at the Location; nor shall Gras Sala include the amount of returns to shippers or menuAomras, nor the amount of any ash or credit Wind made upon may sok wit.,u,n R merchandise sold or some put thereof is thereafter returned by the purchaser to and accepted by Licensee. Each sunk upon instalment or audit shall he treated se • sale tl tit ell full price at the Era such tale shell be merle, Irrespective of the date what Licensee shale receive payment. whetter hall a palial, Item License's ertstomer. For don p 11,,,a MVOs Agreement. to tam "Licensee" shall Include any person or entity claming by, under or trough Licensee. Peymenl of the charger le duo by ALIMIZILIIIInkk6I021.011-41$41ELEE0 ontldaLLOIMMIt. r^ Iry Lknx it of 6l pus 11r err a file Payment attic parent of gross sales is don by Within 10 days Mhos lr of November F•R0 a rcR al 0 pg at f c' tie a ptsaB - ---1141 l 14411 b� I mev res k I i mediate terminNm afshh Lianue. 2) Licensee shell haw the privilege of temporary use of 35,000 if of Lot 2 • (—Location". ' I It Location bet the discretion of the Llama sod may be changed or meddled upon twenty-four (24) hours' notice at enY time by Licensor Nothing; eoalabmd I-1 I rs License Is intended by Licensor or Llama to crate As relationship oflandIord.uld tenant between to parties. 3) Licensee expressly waives all rights, If any, to assert any claims against Licensor, Westfield Corporation, Inc.. Westfield America, Inc. and all other subsidi a affiliate cad related partnerships es their interests may appear. any marketing kW, and Its tenants for damage, destsuakn or loss of eny cqulpmeaw, supplies. cal .v I, s Other evidence of customer debt such as checks or credit card receipts) upon to Shopping Center or,by any reason of lira then, robbery or burglary, bodily it I, :+• personal hefty or daub. Licensee accepts ell raponslbllily for any injury or publlo liability incurred as a direct result of Ihek dhplry or thc/wa or bent .I' operations. 4) Licensor shad have no responsibility to provide security, supervision or protection mewl any loss that may be sustained by Usenet Any Licensee requiting so 1 u must do so at Licensee's expense and tidily, a security company approved by Ucema's representative. 5) Llcensec must provide written evidence of public liability insurance for the location for at least the above -listed dates in the amount of $500.000/Propetty De Liability per occurrence and General Liability S1,000,000 per occurrence. S2.000,000 in the aggregate. A Cerlifiate of Insurance listing the Licensor at an odar insured (refer to the attached Rule and Regulations) mutt be supplied prior to commencement of this License. Statutory Worker's Compensation insurance as nag by the laws orate sale in which hive license Is In chat. 6) Licensee shall Indemnify and hold harmless Licensor, its agents and employees, and any department store operating within the Shopping Center. from and 'pains 1 h sod ell liabilities. claims, demands, damages, expense, fees, lines. penalties. tulle, proceeding*, actions rid causes of action of any and every kind end nature et .cos or growing out of or in any way connected with Licensee's (or anyone claiming through or under Llcensec) use, occupancy, management or control of the hoc.:1 a ea and/or Licenses's operations end activities in the Shopping Center, excepting any liability or claim arising or growing out of the sole negligence or willful misrw rl 1iu of Licensor, its employees and agents. 7) Licensee will remain opcn and operating during all hours the Shopping Center is open for businms, as provided in the •ttacheil Rules and Regulations, whirl 1a+ incorporated by reference as if fully set forth herein. 8) I .icensec agrees than he or she has read and underslwds the attached Rules and Regulations and egrets to abide by the same. ibis temporary License is granted I: uu the express condition that Licensee abide by each and every one ul'tub Rules and Regulations. Licensee further ugreet to comply with all applicable laws of Inc• city, county, stale and federal governments or any other public authority 9) This license Is non -assignable and terminable at the will of the Licensor at its sole discretion. In the event ol'the termination of this License, Licensee shall remora If its display, merchandise, cash end other property from the Shopping Center within twelve hours from the lime of the termination of the License. After the expiraliwrl w this twelve-hour period, Licenses shall be a trespasser If he or she enters the Shopping Center. In the event that the Licensee's property is not removed from. ate Shopping Center within twelve hours, the Licensee will be deemed to have abandoned the property. thus the Licensee hereby grants to Liana the right to renhov h ti such property from the Shopping Center and Licensor shall be under no obligation to preserve or protect such property. 10) In the event of termination of this tenhporery License, no payment received try Licensor from Licensee In connection with this temporary license shall be roomed. I I) The Invalidity or nnonli,rcvnhlllly "1' nay psrtleuhu proyhtlnhllx) or H. Iloanso shall not milieu' ,he other pn.vinlnnx hereon', and the I.lucosa shell he cunsinied 3n .Yt respects as If such Invalid or unenforceable provisions wore omitted. 12) If at any thou idler the dole Ma this License has been executed by l.Icena.,r and Licensee, the Licensor Institutes any octlon or procceding easing the Licensee rerrdi.l p. to the provisions of lid. Lone or any delimit hereunder, the Licensee shall reimburse the I.Iansor for the reasonable expenses for &Rowley's fees and All cats a nd1 dltburtcmenh Incurred therein by the Licensor, Including. without limitation, any such hes, cons or disbursements Incurred on any appeal from such •etiolr. III proceeding. 13) During the performance of this Agreement, the parties hereto hereby toeorporare by reference the provisions set for the in 41 C.F.R. k 60.1.4, 0 60.250.5 and 6 741.5, which pmvlslons apply In all nonexempt contractors and vendors. I4) l wool Hippo In naldc 1! Iho own role, and roWhhhl Ions. .. ..... _—_._.. 15) tit- 1 I N 2 w b In S n mlha_tl.1004 luauronec eerlltcnto !Waite ,00 gili'Jpl tu"skpau. Ana mblc lollta Li )vet VOW be uauclLueJ uu scuwwd'(t.,l„ ._ By: Westfield Corporation, Inc. a Delaware Corporation as manager for owner Westfield Plana Bonita Ryan Perry, General Manager City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 18 I/ ITEM TITLE TEMPORARY USE PERMIT — Health Net Fun & Fitness Fair hosted by Health Net of California on October 14, 2006 at Kimball Park with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Health Net of California to conduct the Health Net'Fun & Fitness Fair event at Kimball Park on October 14, 2006. This event will include approximately 10 Community Booths (including NC Fire Dept., NC PD, Paradise Valley Hospital) designed to educate citizens about healthy eating. Univision Radio will provide entertainment and music. Community Volunteers will cover crowd control. 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 the City's budget situation, staff is not recommending the waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for the Fire permits. Total fees are $694.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) ace4,4 Reso►ution No. Application for a Temporary IJse Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Health Net of California . EVENT: Health Net Fun & Fitness Fair at Kimball Park DATE OF EVENT: October 14, 2006 TIME OF EVENT: 10 a.m. to 2 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: ENGINEERING NO CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. FINANCE (619) 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. l COMMUNITY SERVICES (619) 336-4290 Senior Center parking lot is not available. This lot is closed due to dance class from 9 a.m. to 12 p.m. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for the Temporary Use permit application and recommends denial due to: Council Policy #704 limits events to one every six weeks to allow the lawn to rejuvenate. It should be noted that the Safety Fair has been approved one week prior to this event. Nevertheless, should Council opt to waive the aforementioned policy and approve the TUP, staff would impose the following conditions: 1. The event organizers shall provide clean up after the event. FIRE (619) 336-4550 1. Emergency access to be maintained at all times, into and through the park. Minimum access width to be 20 feet wide. 2. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $349.00. Fees can only be waived by the City Council. 3. Provide a minimum of one 2A:10BC fire extinguisher for every 5 canopies BUILDING & SAFETY (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall be provided to the Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. CITY COUNCIL POLICY TITLE: ADOPTED: LIMITATION ON CITY APPROVED SPECIAL EVENTS WITHIN THE CITY November 15, 1988 POLICY 704 NUMBER AMENDED OR —' REVISED: September 26, 2000 Page 1 of 4 Purpose The City Council recognized the potential impact of various special events within the City, specifically when held concurrently, upon Police Department resources and public safety. The purpose of this policy is to limit the number of such events held concurrently in recognition of that potential impact and provide guidelines to insure public safety. Policy Those City approved temporary use activities listed under "Class A Uses/Activities" in the attached sheet (with the exception of "mobile home type structures," which are already limited to periods no longer than one year), shall be limited to no more than two occurring concurrently on a given day with the exception of city parks whPrQ, special eventsshall be limited to one on a Given day with a minimum of six weeks between:- special: events in order toallow the grass and Dark to rej ivenat . The Police Department shall indicate on the Temporary Use Permit application form prior to its submission to the City Council, the potential impact of a particular event upon Police resources or public safety. Each event will have necessary security as determined by the National Crty Police Department. This security can be a) private security, b) combination of private security and police officers, c) police officers and reserve officers. The Police Department must approve security arrangements prior to the issuance of a Temporary Use Permit. The person or organization responsible for the event will be required to pay for officers assigned to the event. There will be no charge for Reserve Officers. If additional officers arerequired over the number of officers initially assigned to the event, further charge will be made to the operation or responsible organization. As an example, if an event is required to have four officers present and police activity increases and additional officers are required, there would be no charge for those additional officers. • Alcohol will be prohibited to reduce chances of violence and disorderly conduct. A fence may be required, at the discretion of the Police Department, based upon, 1) event location, 2) past activity at the site, 3) estimated crowd and, 4) type of entertainment in order to control accessto the activity by large groups of people. Activities will not operate between the hours of 11 PM and 8 AM on any day. There will be no sales of tickets for any activity one half hour before closing time. If there is an imminent danger to the well being of citizens, the Police Department shall adjust operations hours. CITY OF NATIONAL CITY KIMBALL PARK T.U.P. EVENT NOTIFICATION PROCEDURES It shall be the responsibility of the T.U.P. applicant to provide written notification to occupants of property adjacent to a City park for events in the park which involve any of the following activities: 1. Live musical performances. 2. Use of amplified sound systems other than hand-held or portable systems. 3. Fireworks or similar pyrotechnic displays 4. Other activities or events which the City Council deems warrant notification. The written notification shall include the name and telephone number of the sponsor of the event, the nature of the event, the date and hours of set-up and tear -down for the event, the date and hours of the event, and the name of the sponsor's representative who will be at park the on the day(s) of the event and how that individual may be contacted should the need arise. The written notification shall be mailed to the occupants of properties abutting City parks as reflected on maps prepared by the Building & Safety Department. The written notification shall be submitted to the Building & Safety Director for review and approval prior to mailing. The date of mailing of the notification shall be scheduled so that the notification will be received by property occupants no less than 72 hours prior to the start of set-up activities for the event. Failure to provide notification as stated herein may be cause for the revocation of T.U.P. approval for the event, or denial of future T.U.P. applications submitted by the sponsoring organization. Upon approval of the Building & Safety Director, the notification shall be mailed to the following addresses: 12th Street 41-A, 41-B, 41-C, 41-D, 41-E, 41-F, 41-G, 43-A, 43-B, 43-C, 43-D, 201, 203, 205, 207, 209, 211, 213, 215, 217, 219, 233, 239. D Avenue: 1127-A, 1127-B,1127-C, 1127-D, 1127-E, 1135-A, 1135-B, 1135-C, 1135-D, 1136, 1141 -A, 1141-B, 1141-C, 1141-D, 1147-A, 1147-B, 1147-C, 1147-D, 1221, Manager Morgan/Kimball Towers 1317 D Avenue, 1519, 1521, 1525, 1527, 1529,1604, 1610. 14th Street: 504, 524, 15th Street: 300, 404 E Avenue: 1409,1419, 1429, 1439. F Avenue: 1404, 1408, 1418, 1428, 1438. C Avenue: 1133, 1504, 1506, 1516, 1521, 1522, 1531, 1533, 1541. B Avenue: 1139, 1140 16th Street: 26, 26 1/2, 38, 49, 120, 122, 142, 205, 206, 214, 216, 223, 224, 232, 240, 243,306, 312, 319, 333. National City Blvd: 1401. 10/21/97 Type of Event: , / _ Public Concert 'C Fair _ Parade Demonstration _ Motion Picture _ Grand Opening _ Festival _ Community Event _ Circus _ Block Party Other r Event Title: / �/ E111 TH N67 FOU r TNE' -S Event Location: OC/ •' ' do VG IV''2e otal Anticipated Attendance:.340d Event Date(s): From t to r p Month/DayfYear (2DD Participants) (_ l_Spectators) Actual Event Hours: I0:00 ripm to & OvOc�.ltam n//�� Setup/assembly/construction Date: i /7/ aw5tart time: 6.6O4•rn• Please describe the scope of your setup/assembly work (specific details): L($ 6 8tE cA4/4"/tf$ w/ram TSB 3/cm9i. r 7 ,OL/ j/5/69-199.cM7 5DL'C ,etZy-T£%0 Dismantle Date: 011 ' /V 471rnompletion Time: /% : 0O erne 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. Aiowr , /m&AL[ PAkk Sponsoring Organization Chief Officer of Organization (Name) £/%7' C2G/2 — IAZLG.DS Applicant (Name): g GTI-1 //e-T" O/ CAL/ oe,{//-4 ✓For Profit Not -for -Profit BA/zg,91et 0/Z02C6- v,94PiG%9 Address: 3/3/ Cq/JI/M' ,2EZ A//a e�i ? / S�fN O/�GtO 91/O�j Daytime Phone: (& M/ 7/ Evening Phone: (6��� eze7 Fax: (6/t) 919•-7/f0 Contact Person "on site" day of the event: Xi4e6Aeri V/G.1//p// Pager ellular. 6/9' 24'/" NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Fees The cost of processing the permit is dependent on the number of departments that must review the application. The maximum fee is $345. Unless a fee waiver is requested, the application fee is required at the time of submittal. The temporary use permit fees for events which are later withdrawn are nonrefundable Waiver of Fees To apply for a waiver of fees the Request for a Fee Waiver must be completed and submitted with the application. Fee waivers are generally granted for non- profit organizations that can demonstrate that the event will not generate any income to the organization, or that the net proceeds of the event will result in: a) direct financial benefit to an individual who resides or is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or b) direct financial benefit to city government such as the generation of sales tax; c) 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, etc; or d) direct financial benefit to an organization, which has been the direct recipient of City or Community Development Block Grants (CDBG) funding. Only the City Council has the authority to grant a waiver of fees. Duration The Class A Temporary Use Permit will be valid for ten days or as limited by the City Council. The permit is valid for the dates specified on the permit only. Insurance Where the use of City facilities is involved, the applicant may be required to provide a certificate of insurance, evidencing combined single limit coverage of at • least $1 million and naming the City of National City and its officials, employees, agents and volunteers as additional insured's. Amounts of coverage are to be determined by the National City Risk Manager. In all cases involving the use of City facilities, the applicant is required to provide a Hold Harmless Agreement holding the City harmless from liability arising from the use of the facilities. Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): — YES X NO YES X NO $ /i/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ N/A Estimated Expenses for this event. $ V/4- 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. //0-45/12077ivG /-7/eW/77i /4il/1! G!/ /O /d Ce/ri/17cl/vi7y 8e ,7/S (NC AIC OO(/'fF b67 `/6/,VOjCE G/9/C6- //os-P/7 G //C'/J2~-/n, ` .t/C f�.e�s ,e�� , boys ti ii/;ets e-G/.re l sa - �,4 7/17G.5i 77 427e7I0.t/97-i5 /T •ee-G/3T-e-3 /U f/EW77/G% 77/ 44.UD MiCaGlie."91-44/4- 0/GG�SiCAC /ft-77G; It' ') 77/l�/6- 4/.9770.U//C C/T� CO%ufuGl,(1�!�j ta//tom%SiO,t/ /cAvie,, Gv/GL ,9i1/9 Ctr//92 S 61/7,52A/! fr% wee o ii4--4/O nieeze4- 2 Z7 If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale. Business Licenses /V/,4 A business license is required if monies are solicited; admittance is charged; or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. Fireworks /1//i} A fireworks permit must be obtained from the Fire Department. The fee for the permit is $349.00. The permit must be obtained at least two weeks prior to the event. The Fire Department has absolute authority, control and decisions over all fireworks and/or pyrotechnic displays. An inspection from the Fire Department must be obtained prior to any ignition of fireworks. Tents or Canopies N'/f A permit is required from the Fire Department to erect a tent excess of 200 square feet or a canopy in excess of 400 square feet or any combination that exceeds the limits. Tents and canopies shall be treated with a flame retardant and labeled as such. The fee for the permit is $349.00 and may be obtained iRrn the Fire Department. 45.1-A YES X. NO Does the event involve the sale or use of alcoholic beverages? _ YES NO Will items or services be sold at the event? If yes, please describe: — YES ,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 X NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tentOnopi� /O-/oi Sizes /c9 /O NOTE: A separate Fire Department permit is required for tents or canopies. — YES iC 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 se ed at the event: Jt//ZiVd/f o/ie O27ff�, lO6U T 417WAlArIVE 11/i44i-OV/ EP ny X}GMNGi 97—rk172 eoori If you intend to cook food in the event area please specify the method: /WA GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: � (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers • Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a dean condition.) Number of trash cans: _Et_ Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: C (FM 1. G/p GOA/41/7T t" Ct./GC ItP igeB.cJV .9-,3.7tA,(ir0 PCAl %itrT7 Tt./4.5 f C 1-4/S • az 4-1// N C/77 ALA C- 7Z) P< <k Get' 10 Please describe your procedures for both Crowd Control and Internal Security: CDmf7IG1Ni, co!/g2 coepao C',U7 YES x NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. 7/re- c5,N O%E /r/ist 4#/C /944a /H%6l/P%NV N61,Q5E s 45,S 471O kW I Be- CeirO//C77NCi /ReBOOi� • Please describe your Accessibility Plan for access at your event by individuals with disabilities: ZtiO)li// 04-4 /, v/7H 4-4U (-awe- %c«s r te®/(tiH Please provide a detailed description of your PARKING plan: c �Ut��� f'y2,e'i4J i1)40R//�6 /N LOT " 4 At ,�JU/. ,0 Please describe your plan for DISABLED PARKING: r; MeriA/a /s /9"linki78t hag D/SS. `v /)v Z 07.E ./vo 1i }GEf�/G!E I4 Please describe your plans to notify all residents, businesses and churches impacted by the event: cl-e/'7zs 7e.,TtYA-'ekfr /c-/aGe o /- 2 (4,e6e5 77-zF Z-?iE2'7 7) /NV/T-8" T/Ye7�e r 7C/,, fl .f% • NOTE Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X 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: '16 Number of Bands: Rf Type of Music: t/A//Y/S/D4) ,e.4010 KGG(%Doe oc /O/ofD x YES NO Will sound amplification be used? If YES, please indicate: Start time: iOt d O a /pm Finish Time a' D0 am/ m� YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES NO Any signs, banners, decorations, special lighting? If YES, please describe: /0 ,( '4/ 54/VA/ WS 7) ,B Pz.4CC,Czi ff2 .32/2/2 ./ /Ji f/4r 77-MG /',s?,P g,gtia%e s -/tr .s-- 2.(e sT, 1:9z06 /N Ci�GU,f/.0 it/V/J "696Z77 vAit Gue,t/e r/2/O,e 7D El iv77 Revised 08/10/05 t2_ Event: For Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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 / 6-nic7f ,G4 / per=- c3.9 • Person in Charge of Activity -te. M69 O.eo.e-Ce-1'47 4-2)/k7;.# Address L3,(./ Cgir,/:vu G , ,O No,2T1// 0) ;9 Telephone -07 «?V- 7/cf.? Date(s) of Use OC 8b //7 2006 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. ignature of Applicant %2a4,69/11 lClf Official Title / For Office Use Only t L/ /,, aod� Date Certificate of Insurance Approved Date Ya/ak Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) X No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 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) Ito HEALTH NET 5K WALK/RUN October 14, 2006 Kimball Park EVENT LAYOUT 1 table 1 table 1 table 1 table 1 table 1 table Stage i City Police Dept. 1 table j Latino 5 A Day 1 L = _ = JSelf contained booths 1 1 Health Net Raffles Paradise Valley Hospital 11 table 1 table 1 table 1 table Kid's Area Kid's Area 1 table 2 kid's tables Jamba 11 table Juice 1 Registration Tables 3 ft. Registration 3 ft. _Registration 3 ft. Registration Water table W a k n g T r a 17 MARSH PRODUCER Marsh Risk 8 Insurance Services CA License M0437153 777 South Figueroa Street Los Angeles, CA 90017 Attn: Attn: M. de la Cnuz 213-346-5132 11235-Cas-GLAU-06-07 INSURED • HEALTH NET, INC. ATTN: C. GROENENDAAL, RISK MANAGER 21650 OXNARD STREET, SUITE 1560 WOODLAND HILLS, CA 91367 ?tfiS ettift it0: . l R elw ?>t i6.41041WWitTlitiit6T .., dd?01g11 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR T•HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDPON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, CONOmONS AND EXCLUSIONS OF SUCH POLICES. AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONPEUts NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY A Lexington Insurance Company COMPANY B N/A COMPANY C INinois Union Insurance Company COMPANY D SEE ATTACHED SCHEDULE CO LTR A TYPE OF INSURANCE GENERAL LIABILITY POUCY NUMBER POLICY EFFECTIVE DATE (MM/DDIYY) POUCY EXPIRATION DATE (NWDOIYY) LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS MADE I X I OCCUR OWNER'S & CONTRACTORS PROT S.I.R. $1M / $3M AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS C D D D D GARAGE LIABILITY ANY AUTO 6790851 01/01/06 01/01/07 GENERAL AGGREGATE PRODUCTS- COMP/OP AGG PERSONAL & ADV INJURY $ 2,000,000 $ Not Applicable $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) MED EXP (Any one person) COMBINED SINGLE LIMIT $ Not Applicable $ Not Applicable $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL XFLG21685987-04 72 WN C94400 72 WBR C94401 72 WN C94403 72 WBR C94404 DESCRIPTION OP OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS EVIDENCE OF INSURANCE CERTIFICATE HOLDER AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT 01/01/06 01/01/06 01/01/06 01/01/06 01/01/06 01/01/07 01/01/07 01/01/07 01/01/07 01/01/07 AGGREGATE EACH OCCURRENCE AGGREGATE X I TORY TMIITTS EL EACH ACCIDENT ER $ $ $ $ 5,000,000 $ 5,000,000 $ $ 1,000,000 EL DISEASE -POLICY LIMIT EL DISEASE -EACH EMPLOYEE $ 1,000,000 $ 1,000,000 HEALTH NET, INC. AND ITS SUBSIDIARIES ATTN: MS. JULIET GRIMSON 21650 OXNARD STREET, SUITE 1560 WOODLAND HILLS, CA 91367 CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ' an DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATNES, OR THE ISSUER OF THIS CERTIFICATE, MARSH USAJNC. BY: Jacqueline Perchik MM113/02) �5^�./7CXfiA'T VALID AS OF: 01/06/06 PRODUCER Marsh Risk & Insurance Services CA License #0437153 777 South Figueroa Street Los Angeles, CA 90017 Attn: Attn: M. de la Cruz 213-346-5132 11235-Cas-GLAU-06-07 INSURED HEALTH NET, INC. ATTN: C. GROENENDAAL, RISK MANAGER 21650 OXNARD STREET, SUITE 1560 WOODLAND HILLS, CA 91367 DATE (MMJDO YY) 01/06/06 COMPANIES AFFORDING COVERAGE COMPANY E COMPANY F COMPANY G COMPANY H HEALTH NET, INC. - WC Policies Policy No.: 72 WN C94400 - Hartford Ins. Co. of the Midwest: AK,AR, AZ, CA, DC ,ID, IL, IN, KY, LA, MD, ME, MI, NJ, NM, OK, PA, RI,SC, TX - Hartford Fire Ins. Co.: CO, CT, DE, MA, NY, TN - Twin City Fire Ins. Co.: FL - Hartford Casualty Ins. Co.: MS, NC, NH, OR, VA Policy No.: 72 WBR C94401 - Hartford Fire Ins. Co.: NV and Stop Gap OH, WA - Twin City Fire Ins. Co.: WI HEALTH NET FEDERAL SERVICES - WC Policies Policy No.: 72 WN C94403 - Hartford Ins. Co. of the Midwest:AK, AR, AZ, CA, DC, ID, IL, IN, KY, LA, MD, ME, MI, NJ, NM, OK, PA, RI,SC, TX - Hartford Fire Ins. Co.: CO, CT, DE, MA, NY, TN - Twin City Fire Ins. Co.: FL - Hartford Casualty Ins. Co.: MS, NC, NH, OR, VA Policy No.: 72 WBR C94404 - Hartford Fire Ins. Co.: NV and Stop Gap OH, WA - Twin City Fire Ins. Co.: WI CERTIFICATE HOLDER HEALTH NET, INC. AND ITS SUBSIDIARIES ATTN: MS. JULIET GRIMSON 21650 OXNARD STREET, SUITE 1560 WOODLAND HILLS, CA 91367 Page MARSH USA INC. BY Jacqueline Perchik City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 19 ITEM TITLE TEMPORARY USE PERMIT - 21 sf Annual Chili & Salsa Cook Off hosted by the National City Public Library on October 21, 2006 at 1401 National City Blvd. with no waiver of fees. PREPARED BY Joe Olson, 336-421 EXPLANATION DEPARTMENT Building & Safety This is a request from the National City Public Library to conduct the 21st Annual Chili & Salsa Cook Off event at 1401 National City Blvd on October 21, 2006. This event will include approximately 25 food booths, musical entertainment, children's crafts, activity booths, and a book giveaway. Senior volunteer patrol will be present at the event to aid in security. The sponsor requests the use of the City's PA system. 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 the City's budget situation, staff is not recommending the waiver of fees. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments, plus $349.00 for the Fire permits and $1,191.81 for Public Works. Total fees arc $1885.81. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use with no waiver of fees. Event costs that charged against the non -departmental BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Permit subject to compliance with all conditions of approval are incurred by the City departments will be fund in the City Manager's office budget. Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Public Library EVENT:. 21" Annual Chili & Salsa Cook Off DATE OF EVENT: October 21, 2006 TIME OF EVENT: 10 a.m. to 3 p.m. APPROVALS; PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 1. Fire access to be maintained at all times. 2. Access to be maintained at all times to all Fire Department connections and appliances (fire hydrants, sprinkler system connections, etc.). 3. Tents having an area in excess of 200 square feet and canopies in excess of 400 square feet or multiple tents and canopies placed together equaling or greater than the above stated size are to be used, they are to be flame-retardant treated and a permit from the Fire Department must be obtained. Permit fee is $349.00. Fees can only be waived by the City Council. 4. 40-BC fire extinguishers are required in all cooking areas, one for every three booths. 2A:10BC fire extinguisher locations to be plain identified with a travel distance not to exceed 50 feet. 5. If charcoal is to be used a metal can with lid is to be provided for the disposal of hot coals. Metal container to be clearly labeled, "HOT COALS ONLY." POLICE (619) 336-4400 Applicant will need to coordinate with Lt. Tellez and Sgt. Bishop for the availability of Senior Volunteers. ENGINEERING No CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 1 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. Please call the Engineering Department at least 72 hours prior to the event for any necessary coordination with the Contractors in the event of construction in the vicinity. Please contact Charles at 619-336-4380 PUBLIC WORKS (619) 336-4580 Street Division 1. Staff will deliver barricades to the parking lot prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Staff will pick them up on the following workday. 2. Staff will post "No Parking" signs along affected streets before the event. Parks Division 1. The City stage will be provided by Public Works. 2. The City P.A. system will be provided by Public Works. 3. The event organizational meeting will be held by the sponsor. Facilities Division: 1. Facilities will have one custodian and the electrician available. The electrician will do the electrical setups and monitoring, along with helping the custodian do event setups and general housekeeping. Electrician will cost $168 (4-6 hours); Custodian will cost $198 (8-9 hours). 2. Note that Public Works only has 210 chairs available. Fees Unless waived by the City Council, the applicant shall pay $1,191.81 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $ 83.81 (a/c #001-422-221-102) Park Division: $ 742.00 (a/c #105-442-000-102) Facilities Division: $ 366.00 (a/c #626-422-223-102) Total: $1,191.81 CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE (619) 336-4330 Chamber of Commerce must submit list of all vendors and all vendors must have a National City Business License 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) Type of Event: _ Public Concert Parade Motion Picture Fair Demonstration _ Grand Opening _ Festival AC Community Event _ Circus Block Party Other Event Title: ott t A otd £ol< Lp6 Event Location: 140,I ine10.1 L ip.j BtOd Event Date(s): From 10j21 iofo to 10121 /Ob Total Anticipated Attendance: 4000 Month/Day/Year (400 Participants) (3600 Spectators) Actual Event Hours: Ib atp/pm to 3 am/0 Setup/assembly/construction Date: I4/20/06 Start time: N001/1 Please describe the scope of your setup/assembly work (specific details): -Tab lee-,/ ChM r61 Cam pies, port -a. b k' + u y w i-I-h .sou-v/d Sc{ 4-1--e vvt ()Atd pod i L nn, . Dismantle Date: I0fj-1 IOb Completion Time: S am/, List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Mine. Sponsoring Organization: l ta.+i a1 •Pu-bAk-, U brut, Chief Officer of Organization (Name) AV\ t�P_ _a ,+' beA I / Applicant (Name): 66LVNcI j 3t dy Address: iL40l SIA1d , f\t(L+ib-W $ Lc' r (A '1 t 5b Daytime Phone: (t7tq)` 10-586D Evening Phone: ( ) Fax (pl4 )'E�0 513(n6 Contact Person "on site" day of the event For Profit )C Not -for -Profit .6GL41/11 Ri h r / Uvvi cc, Q` 16. t"q, Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? X YES - NO If YES, please explain the purpose and provide amount(s):` o A.5515f i n eWrveefiVt5 viva head of 4he. ve Ad' $ 350.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 1000.00 Estimated Expenses for this event. $ O What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? W-t' rk o1.P fii'i.4ryu a QW 4w aiv.L. 1 3 vd Fii -i wa•'}: tii!p S a.N Ya!y'1.z ji4ay,o��-', 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 inf rmation about the event. cti i5 wvv am¢n tL 6tip) book 3tvde away wt,u-5«4Q - AR•r{-ax -I Ns b -1-uvAa rct i-i9, -Gcd boo NA S Gh.c I dreal`5 a-Ft.S YES NO If the event involves the sale of cars, will the cars come exclusively from Ki/A National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? ZC YES _ NO Will items or services be sold at the event? If yes, please describe: Food i+l?rws b9 o4ilar hrm-er Mi+ _ YES , . NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. ,ZC YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies as- Sizes 4 WOO' 4 0' NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > 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: RYtsM -Iv-btes 1 oca.-Ced u.v,der -'k-t. y CC.L",1 "¢s If you intend to cook food in the event area please specify the method: GAS _ELECTRIC CHARCOAL OTHER (Specify): YraWan e. > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the ' ► -4-- xr applicant can show that there are facilities in the immediate area available to the public ¥-tn/CAzea: Park during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: 10 Describe your plan for clean-up and removal of waste and garbage during and after the event: Ilse o-C -ilrrnslnrums aTr,d Aurnvst-et' 3 Please describe your procedures for both Crowd Control and Internal Security: 'Mt 5eAet.i,a-' Volu4v1--0;r patrol wit( tte_ pre evri- -t-ke_ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X_ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. A cell Piny,.. will be cura�(cbt ..-Eo c4U-1-1,e. -ere. depa-,+ „- Please describe your Accessibility Plan for access at your event by individuals with disabilities: -fl s t raY� caWQlUPs wiitA AtbA regrtlaF,�rns. 01 ti p�� @�k�e! � y • p3ro_et % 1y+y,! Please provide a detailed description of your PARKING plan: On AIrr t-faric;nli pa-rk.1h9 tofintt cac-e - +o Easetau -Pet! c ct aiteAlAzo-9 ezt-k-rAy b Us +r-a.vtspor-1-2.-hav„ Please describe your plan for DISABLED PARKING: M a.i'keot Lu.i-b-5 dQ ia+-Kt1 rtircf des jt.,-a.-hid es I n I o+ ac jar.ero,.,+ 4V E'a5e txt61 �tetcL. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: • LL he 644 L ec) a 1e35E" 1'Zh.°wrs NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled in the City parks. t features related to your event? If YES, YES NO pleaese state the number of stages, ere anmusical nnumber f bands and type of music. Number of Bands: Number of Stages: Type of Music: C. ,( YES _ NO Will sound amplification be used? If YES, please indicate: Start time: L d _ 10pm Finish Time X YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: (a b/'pm Finish Time 0 __---_pm Please describe the sound equipment that will be used for your event: PctrkS Sow, 4 S YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: am/e) YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: 'F05ters 04.4 b Q-rS Iio cia-f t;q►�l irla Revised 08/10/05 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 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 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) )( No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? _ Yes (Please proceed to Question 4) X No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. �( No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. X 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. X 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: X No (P lease sign the form and submit it with the TUP Application) a* 55 XXX XXXXXXXXX KXX XX) XXX XXXXXX KXX XX), XXXXXXXXX XXX vv\VXXVXXXXXxvv XX>XXXXXXXXXKXX XX)XXXXXXXXXXXX XX). XXX XXXXXX XXX vvt.v vv vvwvvvvv X X X X X XX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXX XXXX XXXX XXXXXX X XX X XXXXXXX JXXXXXXXXXXXXXXXXX XXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXX XXXXXXXXXXXXXXXXXX Sta Changing Tent Iufo 15th Street City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 20 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for a Wireless Communications Facility on the Robinson May building at 3000 Plaza Bonita Road. (Applicant: Cingular Wireless for May Department Stores Co.) (Case File CUP-2005-24) PREPARED BY PatrickZabrocki, 336-4310 DEPARTMENT Planning EXPLANATION The project site is on the roof of the Robinson May building on a 2.75 acre parcel within the 70.41 acre Plaza Bonita Shopping Center. The Robinson's May building is on the northern end of the mall. The property is zoned Shopping Center Commercial (CSC). The applicant proposes to mount 12 panel antennas, approximately 6 feet in height, on the facade and within the existing 574 square foot mechanical shelter on the roof of the Robinson's May building. The antennas will be mounted on the north, west and south walls of the shelter, placed behind a Radio Frequency (RF) Transparent Screen, and painted to match the existing structure. The applicant will also lease an area inside the building to place up to eight equipment cabinets. The facility will be unmanned. A service technician will visit the facility once a month for routine maintenance. Consistent with City policy, the proposed facility will not be visible to the casual observer, since the antennas will be facade mounted, and mounted behind RF Transparent Screening which will appear to the casual observer to be the building wall. The Planning Commission held a hearing on this item on August 7, 2006, and voted to approve the Conditional Use Permit finding that the site is suitable for the proposed facility, that the facility is appropriately designed, and that the additional service is needed in the community. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. Rc BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Flores, Reynolds, DeLaPaz Absent: Pruitt, Carrillo, Alvarado ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 24-2006 2. Location Map Resolution No. 3. Photos 4. Reduced site plan, elevations, details 5. Application A-200 (9/99) RESOLUTION NO. 24-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 3000 PLAZA BONITA ROAD APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2005-24 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application fora wireless communications facility at 3000 Plaza Bonita Road at a duly advertised public hearing held on July 17, and continued to the meeting of August 7, 2006 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-2005-24, 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 July 17 and continued to the meeting of August 7, 2006, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed antennas and associated equipment are to be incorporated into an existing building and will not increase the footprint of that building, thus not affecting parking or access. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the unmanned wireless communications facility, requires only one to two visits each month for routine maintenance, which can easily be accommodated by the adjacent streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since antennas and associated equipment will be housed on the facade with RF Transparent Screening and within the rooftop mechanical screening shelter, painted to match the shelter, and will be located a long distance from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular wireless communications network, resulting in enhanced service for its customers. 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 wireless communications facility at Plaza Bonita Shopping Center. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Revised Exhibit A, Case File No. CUP-2005-24, dated 8/1/2006. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. All wiring and cables between the equipment shelter and antennas, and any associated communications or wiring junction boxes shall be placed behind the mechanical screening shelter. Facade -mounted antennas shall be placed behind RF Transparent Screening to be painted to match the finish of the screening shelter. The RF Transparent Screening will also be chosen to match the texture and material of the existing screening shelter, 3. The permittee shall not object to co -locating additional facilities of other communication • companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 4. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 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. 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 ders of the property. e tice of future intret deassto forms by the or tCitye llAtto Attorney and signed bythe oPlanning cbestriction shall Director r prior to approppro recordation. 7. 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 August 7, 2006, by the following vote: AYES: Baca, Flores, Reynolds, DeLaPaz NAYS: ABSENT: Pruitt, Carrillo, Alvarado ABSTAIN: CHAIRWOMAN ximate ject - tion PLAZA BONITA SHOPPING CENTER LOCATION MAP Conditional Use Permit for a Wireless Communications Facility at Plaza Bonita Shopping Center at 3000 Plaza Bonita Road CUP-2005-24 DRN. DATE: 7/3/06 INITIAL HEARING: 7/17/06 NATIONAL CITY PLANNING L4 SS0018-02 Robinsons May Bonita 3000 Plaza Bonita Rd. National City, CA 91950 SS0018-02 Robinsons May Bonita 3000 Plaza Bonita Rd. National City, CA 91950 Proposed facade mounted antennas mounted behind proposed screen matching existing mechanical screen cingularM WIRELESS ROBINSONS MAY BONITA 3000 PLAZA BONITA ROAD NATIONAL CITY, CA 91950 SS001 8-02 CONSULTANT TEAM ARCHITECT, NAM 0113101 • - MWu Agll1M a NANNY Pa 04 LLH CAWq CA 1010111 060) Afl-f0A 060) Afall DAq ELECTRICAL CONSULTANT: 1Y1a• MP, .AYYOYM .Il YY WMMINf Mf 100 16.0. El0209 0511) OFIMY E•W A►0M0 DUD SURVEYOR: ea gm in MICR COMA OWN ca4M ONTO 061) 29I-010 061) MM-M/a DUD ACCESSIBILITY DISCLAIMER Mf FtlRO B AN MVAMO N611R /0 19.10:46•11.1•561101151 210111 Na. LE04010 NIIO MmP0L1110 F0M ON CMMNDA OOAOdf 011M 51612 A91612C5. a ROII IMM 1951/110 AMLY 1 1100 NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO: CUP-2005-24 DATE: 11/23/2005 PROJECT SUMMARY APPLICANT: MOM. 1911E51 Nv lull: N:UIVYU SAN 09ee,u11101 Wm) au-oms OWNER: Wl 0114a16M 11011. CO 1N OWL 11•FEl /IM O 11 WA1. W 101 m COMM WM 4024.11411 016, e0-00 DEVELOPMENT SUMMARY: • 111559.011011 MP OF Im mt•pf IC011213 CM A 64.1II® S101 PIAOOIM W COMO R00 •1Adroom MN 0 f A11101.1). F 100110 OMAl11MYf 4 F01fM OM NM Of COMM 91201115 • 111519.1.0611 0 WV 200 AM OSOMF/L YUNL • 9111M01551 0 N1M 100* OM. OOMSIYI • MULL OM CAKE 1OM/ /0 MIME CON/1209011 WAN AMMO 00 •MIIOIF wMls • ma 1.--VR M NAM. FM Ta MAY, (FOAL DESCRIPTION: 1.19 1OF MO ND 1007 FEOMM MICR 00 UM WAIT 1593604 0 RAN 0W.51A0 0 OYOMA ON 196,11N112 14 ION PROJECT ADDRESS: f011 •.,. OMITmS AAD MARMIA& cm, M u ASSESSORS PARCEL RUMBERS:eu-CM-OA COSTING ZONING: TOTAL 511E AREA: PROPOSED PLATFORM AREA: FIAFA KUM KOYNL YML 11•m 1O.• 1.n AND 17410. O. PROPOSED OCCUPANCY: RNA (010195 1051190R F0115102 NAY) EXISTING OCCUPANCY AND USE: • MIA c06610Itw awn. TYPE OF CONSTRUCTION: 1rrt M N241-140O 1.01M 11��u f icy TRSWM3MM7N 1-I A-0 A-, A -I A-S C-I SHEET SCHEDULE 1111E LQt Axe IM:tel DATA art w: MD LION& 2.2001Cn110111 ROOF MY1 A 6110.60 RMN MAmDI 205641219 • M1100. 1W1 002.01 OEVAIpM 912 501.21 APPLICABLE CODES ALL WMR SNM& 0491.1 61111 Mr FOLLOW. FMYNME COMP WY01Y NIL MA80 COOS, IRIS .1, 2001 Mx f.1F04D4 MDWM 0I00 Mei CMM I UII7MMA MMIAMGL COY. 2601 FLOM CWIMMA fICMNCu COM 1011 WREN I61� 0 mR s, SR MOO 11FT1 MtE COCO B/WI& I PREP?P,EO FOR • x angular.. WIRELESS 6925 LUSK BOULEVARD LW DIEGC CA 91191 APPROVA..9 OW.P APPROVAL Wi, PROJECT NAME ROBINSONS MAY BONITA PROJECT NUMBER SSOO18-02 2000 PLAZA SONATA ROAD RATIONAL CITY CA 9,950 LAN D!EG0 COUNTY DRAWING OATES M/0eyos PA u1. m R0.0. IF-) 10/10/01 FINILL 10 RCNFW Lm) ,0/Mps s,00.XL s00umA. OW SHEET TTLE TITLE SHEET & PROJECT DATA PROW n'.O,Wv301nWO\o1IIsm e. T-1 • • SITE PLAN CEMf.N N ph b P D acs R EMMA MINIM M UNE 10 NO5WAI.'JL >ORDR 00 MIX Of COMM NlfllE. 0910 RY Wfl YPMRO ax MOE M. (W0.001R EO.dI 00ER0 SDNtlm NOW. SNCOCTS MO wrourt W. 9E ENNIO TO NNW 805nR 55.40411. EQ 9Qf MI (OE PCO" KWI I00 SIIHT Am5 EMI. NWT. 051.510A95 0! COMO PINE WI /10111 (MT MOA 9YYSW fold) BOUNDARY TABLE VMS° IN 13.95.14. 11 M 1551'94' M HIES 51AO'14 E 1(0N 5 1SOH E COMMA %M UM ,DFfANYMfATION51WN951101 MEOENZ4 MO M IER E2411511 YY SW0 WON 150 -15i W. ANNI WON 200 NDS 001 YAM Swronr NOM MOOSE SO[15WIY SWIM OK 1113 gIWIC APPO1WY MO R ND1M fM INTINEINE M10T. A WNW! WNW INS MOT POSS06➢ EVdp01 Ma GSEMENM AM MOM WSW MILLETS M.O.! REILP11EYMM OfN MOROI vMa 14 MINN, ME NMLECI To SMM Of {WIMF R1E GENERAL SPECIFICATIONS [MUM. affaffp ▪ pap - 1111,1.1r011 MON 1/ Mown Ma.....11.4 ammo lat lea pay cm artnan. '• MSayam rl=a-wu Malt I OM NM • v.=w ctsLl v a, Or MOM ®▪ verv�▪ o.r A w1dWm � a � oc woo slaw. AMMON. rowan maw Am Wirmaja. raNIWU v Oa •YY lira.. Y—a..., s amsmi .711117.7711=0:14.7077=7 miaan on o�▪ isAi um s.x R xm..rwmaommtm am..esr ���'"iEEmwn� ▪ �mM aL ems mx-wre mom. novo PWMETAMNIFON.gI BJ�& PREPARED fOR x cingular- WIIIElE55 6925 LUSK BOOLCVARJ SAN DIEGO, CA 92121 APPROVALS 0A It 20140.0 COxstxOcmK 0Art iff PROJECT NANE ROBINSONS MAY BONITA PROJECT I:11AarR SS001B-02 3000 PLAZA RONI.A R0.10 NATIONAL CITY, CA 9.950 SAN GIEGC COONIY DRAWING DATES 0/03/05 mum 20 WYNN (rml 10/I0/05 nay. 09 ary[r l.al SHEET 1NLE SITE PLAN GENERAL SPECIFICATIONS moo( C oNommmN05u A.A. omgy 5t A-0 Mona AI -A. I 11Rp�y`N'd. ANTENNAM PLAN "A" lM� ANTENNA PLAN"C" © O O O ROOF PLAN --0 MA& umo I L KEYED NOTES: ANTENNA AND COAXIAL CABLE SCHEDULE ROM BOA. NoOR. POO.l mNLNMM MAIM AR .1oR or cams tam. MAY -5) APOTA 0/ 111 (Tyr SFL: NYIM NOITAOSOLOY12 A)stoxp+lN rAwmxaalz 1/z IH MOINTOO. kit YEAee-VRt.RI1 rrnwu+n r 1/E w IYAEAMOILD InsMMNo-RM lOPOOKOOM1-1112 I[TIIRIL-Nz MID: I. M10 VER. ALL 30 WDIIPOOR 10 ORDER. OLE 2. Harr Nom NO I0MTI OfCP. PROR TO Mry1 MOM 103 0* /MA AS MIMEO SO CLEAR t POWER NSTIOCTARS N4 µ NTAR PLOWED CIZARNICE K COMM EQUIPMENT 3. MINn YODEL POWER a ANtNIN VOR OMVJA MRM. PROPOSED 31*00* wMp3.WNINA INJIX TO MT ISO NiROSSS SCREENS OR OAR IMMO Or COSTOE SCREW OR2M1Y BOOM MCIXNS. NOON.. MN%flS No M 00PAE SWILL SC PROMO TO 4V00 { SCARVS et .ET11SEE A-S TOR dMOI EURATM QOIIP 0.40•6 MIVPLS MAIM ralola CAW IMP MOM POOP N.A. NM MOO TW-1VJCC MDt • m1M al -OP MOP • - PE/MUSE 1NOWEUL BOGY PROPOSED mus-wax. P. ESN p61BG YAM PIDB lANOTOM. LOT 1 IOdmRS 9CMI 2NKED 4> men MSaM A1OR two mow ad Noe 00 110FROO. MN MVO MOO WR Ran Q worm ROV sans P.O..0SON NLLCOM IOW PAIN SOOT lCNS UMNISO TO MOOOL OE car. KLION J0 Eaml AM POIOMIOS NN. O701/0 v.) M 000011N11S1111 NY➢tw 'pa PAPA LR*Y u]R NMM &PIMP 50 SEE OP MONO R00E NVCN QM.. OP I) PROCYD D0RM C PM4 ANNOM [utTw yEnu.'u )lei PREPOSPD Nsor i2_AETN MELON AMMO SN.it 90 aMrw Mar zor YEaw.v Ixm POMOPRONBFD UMW am..Ma. 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EpnPY.03 scorMtocAl.rums ONMoor 6 Pm.b MA, WTI ZIA WITS mum co Dom or moo moor pommy moo MRENtos. Al0OSW, OPMali MO MOWN. " MAIM To wl1N p61M6 snms SEE SER A-3 Pa MMEMR [uwmlc GOO U E *0*00 10 MOW 01EW0 0NR (MICK) ooswc NW ACC= NCO* ® EEtYtl moo loos ® o 0 sl9Is0E SIs40 4(PwwAFE4 EN HO P0lxwrsE Mu Rook FM i1 ® AYTt Em0Mo Rom. mu MRb_ woo'G (so/R O9®) ® Pnavosm soon. ow. mom MA0O (1 x a s) ® Fmfac vui so.my w[w To wux 4,.Das= AM) MMm 04AI O SE lemon sM AN CIXK ® worn. mar avow Rw ® rO0PM0 Osnwr . NMM Rpl ® IOaw.R1Wvu ygsul BJ�& °REP0HEU TON x cingular- WIRELESS 6925 LUSH DOOL.VFRO SAN DIEGOCA 9]1]1 APPROVALS 0.0 cosslescilos one. [R.vmoom o.r = PROJECT NAME ROBINSONS MAY BONITA PaorEcr NUMSE)) SS0018-02 :000 PLAZA no.. TA POAo NAno3AL coon CA 9I95O ZAN m.GO murk o00WINc OAT Io/oJ/os P9aIu )0 R,Ow Ire) o/W/os Ft µ 20 R4,40 (.vl SHEET Mti ENLARGED EQUIPMENT & ANTENNA PLAN A-2 • rOortOED woes Eno. r n ON woA o woo son Ammo Om Corm row. (slam siALIVO AY® a11.N1 wsu rows nmt TO Ia..a swabs ON m Or Caron oox UM Iwo Mrs SYww log room o¢ w Comma O n No P000 10 wool 100P. *MVO mCI NII(.MS rMo. Al r1NA MOOS IM . Vwp Nllm Io WEW MOW WOO MUM.. MRmNS, tlWl5n ONO war wu BE Puma To wren ursn1A rums. -r RODINSONS•MAY ; •- 1 • EAST ELEVATION - OM/et mom NOWA! APIS 10 Sol�ddar tom 9MO MIionmME r o aml 0 19 Beim ANEETR t. S RIVORETI fro oo 'room Soy. ixrmm MOOR 11; liI!}II IFNIIlJI III IN J ` Ri ROBINS?NS®•NAY 0 4 -C-:`.'-',E�'". — ammo ....- —•• .__ 0 ■.CN EYE■ NORTH ELEVATION WEST ELEVATION KEYED NOTE QQ IIEN�oGA.Y .Aam Alamos Q Emma r10 WOWCY. m®I 05I00 Om. To wow IJSlot SAIS Doll omos ! YqM MSAm mum cool Q - 910A1m 0Mu (Mown Elam) Q tmmw 1Mc Q 0*00 2031.-11P 0.045 Q Dam fJPwm 15F N5w camp mom A.515R ANi1 PREPARED FOR X angular - WIRELESS 6925 LUSH BOULEVARD SAN 01E00, CA 92121 APPROVALS OA cN.nwcnu Nn¢ NIC I[WiglgM 0 ICING ArPAu.1 O.rz PROJECT NAME ROBINSONS MAY BONITA PROJECT NNNBER SSOO18-02 3000 PLAZA BONITA ROAD NAIIONAL CITY. CA 91950 SAN DECO COUNTY tl ORAwINc DATES 10/05/05 MW 20 ALA. L+) 1o/1o/o5 ran m REVIEW 4.10 SHEET TITLE EXTERIOR ELEVATIONS n P101S01S\tlna1.401,ImONOSI Surly A-3 ••. Tide Report 1.6 SORT old ONEO• 1.1 SC MNTEP 0 SU IWL NUMB R ®Q WIMR Legal Description 1.1111 OM • NL*II COM R a RN MAI • GRIM Assessor's Parcel No. ar-N+1 Easements m aMar 46 Geographic Coordinates at the Screen Wall Center Legend o we19f.2 -o-o- .woNwl me YR MNY MOO moo Nr Wllu0 MO _ TT IVY Sp1L'11R e 00 00 02Yl R 661 MO ani MOM MIMI I i = MC MOMS RG•MFON1 PR Nd-M Nf 0* ARR % V•MRRf m MRO R. Raw IC I»a OM • IOW MA rWN MAMA. — M EN 11E • •aa—MUM, . Mn MNE MIRE a r al. aeEM Ne 6v 00 SAW 1R111C a a WIC Mille RS 6 MN Date of Survey Aa•R a6 Basis of Bearings aalua®nsenn WNw.11F Bench Mark BYa-lamMIN -w 100W*a GRAPHICSCALE m 0 R • =REPeRER FOR Xcingular - WILELEsi 59]5 LUSK BOULEVARD SAN OICGR, CA 32101 APPROVALS oop SOMA PAIL sire .cRiuvnw o.rt Dew .vv.w.. PROJECT NAME ROBINSONS MAY BONITA PROJECT NUMBER SS001B-02 3000 P421 BONI,A ROAD NATIONAL CITY, CA 51950 SAN DIEGO GO'JNIY DRAWING DATES SHEET i1TLE SURVEY MGJallS sN.vlu\OSu4AOSULCI u.o C-1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 21 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for a Wireless Communications Facility at an existing church at 2605 Highland Avenue. (Applicant: Deena Recine for Cricket Wireless) (Case File CUP-2006-11) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project site is an 82,328 square -foot lot located on east side of Highland Avenue. The property has 297 feet of frontage on Highland Avenue, and 130 feet of frontage on I Avenue. The lot is developed with two buildings: the sanctuary and a second building occupied by church support staff and a preschool, and a 70 space parking lot. A Conditional Use Permit was approved in 2002 to allow Sprint to construct a 54-foot tall monument, adjacent to the church, with 6 antennas and associated equipment inside (CUP-2002-18). The applicant proposes to construct a 4-foot 10-inch vertical architectural extension on the front (north end) of the church to house two Cricket Communications antennas. An additional Cricket antenna is proposed inside the building behind an RF friendly screen at the opposite end of the sanctuary, painted and textured to match the existing building. (Total of 3). A 15 %2-foot by 9 Y2-foot by 8-foot tall equipment shelter is also proposed, on the roof of the sanctuary building behind a 9-foot parapet wall, which will also match the existing stucco building. The project is part of the upcoming San Diego area Cricket wireless communications service, and will provide coverage as part of the local National City network already under construction. Planning Commission held a hearing on August 7, 2006, and voted to approve the CUP finding the site suitable for the proposed facility, that facility is appropriately designed, and that additional service is needed. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Account No. Finance Director STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed.xe BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Carrillo, Baca, Flores, Reynolds, DeLaPaz. Absent: Pruitt, Alvarado ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 25-2006 2. Location Map A-200 (9/99) Resolution No. 3. Photo simulations 4. Reduced site plan, elevations, details RESOLUTION NO. 25-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILTY AT AN EXISTING CHURCH AT 2605 HIGHLAND AVENUE APPLICANT: DEENA RECINE FOR CRICKET COMMUNICATIONS CASE FILE NO. CUP-2006-11 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility at an existing church at 2605. Highland Avenue at a duly advertised public hearing held on January 9, 2006, 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-2006-11 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 August 7, 2006 support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the lease area (147 square - feet) will have little effect on use of the 1.89-acre commercially developed property, and will utilize the existing building rooftop area without affecting parking or access. 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 Highland Avenue, a prime arterial, can easily accommodate the one to two monthly maintenance trips generated by the unmanned facility. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the three antennas will be screened by new and existing architectural elements of the building, and as such will be completely hidden from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the anticipated Cricket Communications wireless communications network, resulting in enhanced service for its customers. 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 wireless communications facility at 2605 Highland Avenue at the Highland Avenue Baptist Church. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A - Revised, Case File no. CUP-2006-11, dated 7/6/2006. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building, and that it shall be finished and painted to match the exterior finish and color of the existing buildings. 3. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in `substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 4. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 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. The project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at the time of permit issuance, and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 8. 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 9. This permit shall become null and void if not exercised within one year after adoption of the resulution 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 fmal 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 August 7,. 2006 by the following vote: AYES: Carrillo, Baca, Flores, Reynolds, DeLaPaz NAYS: ABSENT: Pruitt, Alvarado ABSTAIN: (Az., CHAIRWOMAN Olivewood Elementary PROJECT LOCATION ZONE BOUNDARY — — — - LOCATION MAP Conditional Use Permit for a Wireless Communications Facility at an Existing Church at 2605 Highland Avenue CU P-2006-11 NATIONAL CITY PLANNING DRN. DATE: 6/5/06 INITIAL HEARING: 6/19106 PROPOSED CRICKET COMM. STEALTH EQUIPMENT COVER PAINTED AND TEXTURED TO MATCH (E) BUILDING PROPOSED CRICKET COMM. ANTENNAS CONCEALED BEHIND PROPOSED PARAPET EXTENSION.(PAINT TO MATCH (E) PARAPET) crideet Comfortable Wireless® , PROPOSED' ORI ANTENNAMOUNTED401 E. BUII.DING8EHINDAr4 SCREENING: PAINTEOAND TEXTURED Tama:71:8.ml Proposed V I GIN 111 ,9 DIGITAL STUDIOS We make your development decisions predictable online i www.videosims.com SAN 703B Highland Baptist View Three 2605 Highland Ave. National City, CA 91950 Existing Key Map crick'et Comfortable Wireless• PROPOSED CRICKET COMM. STEALTH EQUIPMENT COVER PAINTED AND TEXTURED TO MATCH (E) BUILDING Proposed V100091111 DIGITAL STUDIOS We make your development decisions predictable online www.videosims.com SAN 7038 Highland Baptist View One 2605 Highland Ave. National City, CA 91950 Existing Key Map PROPOSED CRICKET COMM. STEALTH EQUIPMENT COVER PAINTED AND TEXTURED TO MATCH (E) BUILDING crick'et Comfortable Wireless® PROPOSED CRICKET, COMM, CONCEALED BEHIND PROPO PARAPET EXTENSION(PAINT%' (E)PARAPET) Proposed VIDOE11119, DIGITAL STUDIOS We make your development decisions predictable online la www.videosims.com SAN 703B Highland Baptist View Two 2605 Highland Ave. National City, CA 91950 Existing Key Map tfOtE II , - O I RENX3VZ WAX '- TQAT0 t1.. CMG ram, NATIONAL CITY PLANNING DEPT. EXHIBIT A -Revised CASE FILE. NO: CUP-2006-I1 DATE: 7/6/2006 PROJECT TEAM M. M. 6� (ws PIL 6£ IftOtiNG (M) 1665e ((F ACOIIISfl L ]69 396(4 12 MN HM, G ROE [ARK. 06 RE OE NLTOC: (N9)9) 669b PRCHRE0NRF k FRGINEFR((G Mf[M A6165 6996 1190 9119110 v66 4020 69 60 3MNm unm 006616 (AF. APPROVAL ARP R0NED Er, aOKF.^6C0. DAIL VICINITY MAP cricKet communications inc. 6160 CORNERSTONE CT. SAN DIEGO, CA. 92121 SAN-703-B HIGHLAND BAPTIST 2605 HIGHLAND AVE. NATIONAL CITY, CA. 91950 PROJECT SUMMARY SHEET DIRECTION TO SITE FROM OMNIPOINT DBA T-MOBILE OM Men 2MSM0R,RM MR AI OOfa IONS EC.O.NI Off M K 1I�7I117 INE FW a AA Semi I 17 MO M9190 Wa 6...val.M0 l. MI MO-1 MM. MfmE AL S aM1VMCP W4OIDE fat NANO AC WOK fM.0 MAO PROJECT DESCRIPTION YL MAR cOM1S of: • Tic AMAMI w onEAM1 St Av MOM ...MG -a M\m AO.410 mac 7ILGN661 A 20 0. t(I)Nome arn cm.•MMrcwa f (7) 71a0N wom sxroa (O r ma, moo WINDS 10 A N-near MMIMML Meow, • (1) ISOMM 11 MVM7 WAIL /YM MMNF/I MST Pail amanaml o-2N. aM MOM WY MO MOON{ OM ME IN 991 ®6 191.1 PM. N0M AN m0 7HIMM NMI 06961 EMEEELBSELB MOO AC IAFi W1A71 MI IRMIIO RE MAMA OO, O. SIAI COIOCf 1(.R0110* MAR IOMOICQM MI -I - [IDS KIEMMI SA OEM MM-A3-1MF MwKn 2SIS WOOL CM 0.SIN') 0* TESCOJSORMITIES LO S.MMPII MO-I1I.MMImO RDA -a M Me N CORER Neat MAMA jFSSOR'S PRAM NO Ywla-o-00 OPOSOLROMTBEM CM RV•TINE i6. UMW RMR16E. W MI. }I DESCRIPTION NW DLL MAGI MOM, REV janAlma Sri - wO*1 ar.r a alw i REVISIONS A-1 OF MN Msw>e MAl a MUM MOM r CODE COMPLIANCE a ). MOM YMLLF POMO DMLIS M AMMO PAN -14OOA WMA F 901- TOR M EAS� Mb M1F WMseF(O NRM nea CA 6 MANN AMOLC0f(R-LM OAF CO-Enal 7. =rn w In a M-0L-f la[W[IY MC[ a um EMOM06WY IM-INi a Off MO/JI SAW OCAM S f3 M 2-1 Ai PUMP OPIUM TEE 01 .OA YPIaOR MRS ROAM Wan ROE NOM MOP MO PAW AO Pe RD lalalaaw pa, law nw roes aEu c1e0`6OOA OM. er a risO-E ZONING DRAWINGS - NOT FOR CONSIMICTIA —lI 1a • well MIMEO a NO OOE N 11E MOg010 0 COON® M 11b SQ OF OOLVEM6 6 PROPRIETOR( OF MOUE N7 USE CO OBCIOM OMER TM 1- Mai owns A CUM AYE 6 SIRCIL7 PRONWEL PROJECT N. 071E NAME HIGHLAND BAPTIST 071E MIYBER SAN-703-B 071E ADORES 2605 HIGHLAND AVE. NATIONAL CITY, C.A. 91950 DESIGN THE ROOFTOP DRAWING NNE 1111E SHEET CTiceet osomodotions I.a Iwe Nr A. Ways M01 Amoo• MM• w ma r .%*0. s I M i. Ar► T-1 I2 5I51HG ia6 C.') 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ONNORN OL NN MNI MOM ♦MW M1 gnaw MAN N mum s FMNR M- A • 7 rRA A-3 2 POSFO CaO4Z cowxmrwnaN :fifWXo AMN2CTAAL lhD61011 .'Croft Y t Cj FSSTAAC COCR01 ot*ac ECM. CROSS 10 SF PCGGTEL IOU ni , 11 inn I MO ou LOGROW Cf ImDGI[O CROSS NORTH ELEVATION $''° Via, �,sPaf�tl.lFr,�. F��. • S ♦ • ORURO EUV. C4 NF. *CAM IR9 VF►. MirtOrM FYJ`IIMC 55,4, -rove, PROPOSED Ofe:SEr couwxCA110Mt MM.. -WONTED CTI.LA�F r-MEWr (SERUM A • n cut. ... VM. Paf *due "yr goon .allon Wisher .&Woes IWO vVIM In 211N{ ® iISM - fa 4•0 REVISIONS R.--.r t-RR 1& R — NO Ct1E 011 K 1 PWRBOBII COBEB IN INN SET OF DEUNENIS 6 PIORI616( BY MOIRE Ntl USE OR IMMIX OTER TON TRW ■IW HELM A CIENT 101E 6 SWCRY ROBE& WEST ELEVATION PROJECT No. 91E NAME: HIGHLAND BAPTIST SITE meat SAN-703-B SIX ADDRESS: 2605 HIGHLAND AVE. NATIONAL CflY, CA. 91950 DESIGN TYPE ROOFTOP DRAPING RITE: ELEVATIONS cricVet aYRR{-11eY R.G too mRmoc 6. set tax nam WHO r. yma rwR MOW crNJM R $ Yt MOO A-4 MOM 2 6157414 zva:rt LONER w.D CGHOR M P00_0 L .WIMW G ,`!":-uNc ¢cv. o'o' Rrs EOSTING ou 8 8 PROPOSED CMYT tlWYMKl.110N P TORYNED 10 IMTCII 96C6N6 rnoros10 040*00 CPWOI•GIIQ6 M'1MM M. RWSV WMM6 CMS. C.1111-IFNR6 811110 q-ROOLT WPM. MIMEO AND I MO TO UMW 9JYLM (9d'IW 1111 1111 1111 ORIN 1111 1111 SOUTH ELEVATION CIELZ .0•12 IT-«.«.. tog N•.H Main 1 PROMS,. CMCKEI C0YMMNAiKK1 EOIP(n1 AFOL1N COUP14M1 C4hA PIMR MO WM SL 00 Worn 611IR1G 400PCSEL CMC6BI ww6mrw1a0s ROO Ea11PUEN1 MG C>daEf 00 PMP 10P IX6IING ImLnr PqO 080010ED 06C11RWUMNYI CMUNS MOSAITTO 1600E 600010 MEMO RP-0MEHOUT BOWDON (SWIM ,y M'STIL CHURCH BUILDING PROPOSED MCI. CQIYPPIG11616 /00.16 VOWED IA A SOPLM- �RP6 0 (TEMPS A • C) 0, -mums0r� ON. QM. •'-0 EAST ELEVATION i01..R-P.0••00,1 1Pw 1n0...,...T1 2 p� Moos Wi.Y.e w�• s«1A0.. any. aA *iv --N— .010 woo REVISIONS 00/701. NM*•WSW WWM i 111E W • -s UE911110171 11 TE I.011.11011 OO.Wm N 1N. Y1 60 OO:110A . A001.E1NW Br MUM MY 1H a muaNE OPER 17011111 0101 NUNS 10 U710IT Mg . 07710Et 71011:11a PROECT No. STE NNE: HIGHLAND BAPTIST • STE =BM SAN-703-8 91E ADO & 2605 HIGHLAND AVE NATIONAL CITY, CA 91950 DESIGN TVE ROOFTOP ORAWNG 1111E ELEVATIONS cricle t MI TM Ot OS IOW 11• 4yA1 rR s. OR 0. ono Oda 1••YM Bp • • r• A-5 2 PROPOS. C.CDC SOYYN.Gtt`M/ EQUIPMENT ELEVATION DETAIL PROD CMNMR CCIWUNGIKM POSED ROACRESS ED ACOMISSCAMON SOF OSA CARS TSY RM SECTOR. 5<cmre B SECTOR. C 5 1`50 270 30 \y\ ANTENNA & CABLE SCHEDULE �LLx µDRW 932LG-6917E-SH N10400 53O0-05TE-e-H µDREW 53af)-6STE-B-N 1 T/0' 1 T/0' I r/A' PROPOSED MCAT 004.0I.00115 SER dESPA �Pi Y CsEDDox (SEC1015 'A . n —wovnsEn 01100 1 COUYIIO'Iur.Oxs ANTENNA MOVMED INSIDE ALM.. DENAD PE-P1END, SCP@1410. SATED µD -.CURED TD ALCX 60112.0 1SERORS 96, ANTENNA LAYOUT DETAIL 9 TEO TBD PRO TED TW 180 100 1ED 100 SCALE N.TA. SCALE N.T.B. EQUIPMENT ELEVATION DETAIL PROPOSED P1000 NAIR. SECURED 10 WALL W/ I/O') LAC 5CRS. • 1r OF. PROPOSED SNEL ANIEMN PER PLAN PRIW BW 0-3/0. PPE PROPOSED 1/5' GLv. Y' BRACT PpPOSED 1 /2' 0 GAD O-B%R OPT.) ANTENNA MOUNT PROPOS= as PROPOSED NM RC 1p. PROPOSED RF YTIQN NLTA. SCALE N.T.B. IL "mWkolors S'S Moue IA' ammo ALSO ES iSS- aAAss. REVISIONS .BSA. RA.ES MS. a • RAM. OIE OESCIRNON E 1E N93MAON CVIWED SI US SEE OF OOPNBIR 6 AaPEDRE If NAME NEE USE OR OWIEEAE O ER 1NAV IIW wI WOES W OMIT NNE I SBR4Y MOM PRISECT No. SITE NAME HIGHLAND BAPTIST SI1E NJMIER SAN-703—B SITE ADDRESS: 2505 RIGHIAND AVE. NATIONAL CITY. CA. 91950 DESIGN TYPE ROOFTOP DRANK TTIE: DETAILS t cricVe O EW tK fl0 OI.SSPOS G r.R iTNr s 001RR Ot 0,/DR, a000 =mu )[6 g1yTyP M T • T __A-6 12 City of National City, California COUNCIL AGENDA STATEMENT AUGUST 22, 2006 MEETING DATE AGENDA ITEM NO. 22 (ITEM TITLE WARRANT REGISTER #3 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 3 per Government Section Code 37208. Environmental Review N/A Financiiik5pliVrTecegbie. Approved By: k/urlx Budget & 1 y tment Officer Account No. STAFFREDPAIQN ecommeratificationIrd rration of these warrants for a total of $ 2,252,710.12 BOARD/COMMISSION COMMEND TION ATT/WS- MW Font W14/ti ) 2. Workers Comp Warrant Registers dated 7/13/06 3. Payroll register dated 7/13/06 Resolution No. A-200 (9/80) Payee City of National City WARRANT REGISTER # 3 7/18/2006 Description chk no chk date amount HERNANDEZ PEREDO PAYROLL FOR PPE 07/03/06. 209312 7/12/2006 1,281.26 IIRAr511 GREAT AMERICAN INSURANI INSURANCE RENEWAL- WORKERS COMPENSATION 209313 7/12/2006 35,170.00 GOMEZ RPLC DIRECT DEPOSIT RETURNED BY BOA 209314 7/12/2006 549.50 PALA Di PO Clerk MJC CONSTRUCTION CONSTRUCTION OF THE FIRST PHASE OF THE 209315 7/17/2006 226,626.25 SMART &FINAL MOP 45756-MISC SUPPLIES 209316 7/17/2006 114.46 S l z` SMART & FINAL MOP 45756 END OF THE YEAR EMPLOYEE EVENT 209317 7/17/2006 373.68 CARPENTER RPLC DIRECT DEPOSIT FOR PAYROLL 07/12/06 209318 7/17/2006 1,566.43 COBIAN RPLC DIRECT DEPOSIT FOR PAYROLL 07/12/06 209319 7/17/2006 327.19 ACCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W/E 06/30/06 209320 7/18/2006 1,480.00 ACE UNIFORMS & ACCESSOR 1NV#A06483 ACE UNIFORMS PA2Ktd G 209321 7/18/2006 400.75 F RGAS-WEST MOP 45714 - ELECTRODES 209322 7/18/2006 66.92 ALEXANDER'S LEGAL SEMIN. REV#33 FOR SD CIVIL LITIGATION MANUAL 209323 7/18/2006 39.40 ALL AMERICAN SEWER TOO1 STEEL ELBOW 8" W/FLANGE OEM EQUIPMENT 209324 7/18/2006 1,468.35 ALPHA PROJECT FOR THE HO ALPHA PROJECT FOR THE HOMELESS FOR 209325 7/18/2006 3,964.26 AMERICAN ROTARY BROOM MOP 62683 - SWEEPER PARTS 209326 7/18/2006 170.28 ARCO GASPRO PLUS FUEL FOR CITY FLEET AS NEEDED FOR 209327 7/18/2006 26,747.21 ARROYO BROTHERS MATERIALS FOR UPHOLSTERING 209328 7/18/2006 495.46 ASSI SECURITY, INC. REPROGRAMMED CARD READER AND ACCESS 209329 7/18/2006 210.00 AUSTIN DOORS REPAIR GRILL DOOR AT POLICE DEPT (4 209330 7/18/2006 1,832.45 BISHOP REIMB/P D VOLUNTEERS ON JULY 1ST 2006 209331 7/18/2006 86.33 BOHDAN & DOUCETTE LLP PROF SRVCS RENDERED THROUGH 06/15/06 209332 7/18/2006 3,926.00 BOOT WORLD MOP 64096 - BOOTS - BEECHER 209333 7/18/2006 532.22 BROCK EQUIPMENT TOTEMASTER, BLUE, 209334 7/18/2006 254.00 CABERRA INDUSTRIES MRAD213 MINI RADIAC RADIATION MONITOR 209335 7/18/2006 7,450.59 ..ALIFORNIA AIR COMPRESS( PILOT VALVE CALIFORNIA COMMERCIAL S MOP 45754 - PADLOCK CALIFORNIA POLICE CHIEFS' FY07 CPC A MEMBERSHIP/CHIEF GONZALES 209336 7/18/2006 79.41 209337 7/18/2006 18.69 209338 7/18/2006 410.00 1 CEB CEB CENTURY WHEEL & RIM CEPA COMPANY CHAIR -PROS CHRISTMAS IN JULY CINGULAR WIRELESS CINGULAR WIRELESS CITY OF IMPERIAL BEACH CITY OF IMPERIAL BEACH CITY-WIDE ELECTRONICS CA CIVIL DISC PRACTICE 4TH EDITION CA LAND USE PRACTICE JACK, SWVL, MARINE, SW .8K CAP LIFT, ANNUAL FUME HOOD CERTIFICATION VIKING CONSOLE BANANA 12000. HAN LGT AUGUST RENTAL FEES FOR 2032 B AVE CINGULAR WIRELESS ACCT#0045518590 CINGULAR WIRELESS 619-885-3577 GOVERNMENTAL PURPOSES LEAGUE OF CA CITIES QRTLY DINNER CASA DE SALUD ALARM MONITORING 07/01/06 CLAIREMONT EQUIP RENTAL BEARING COASTAL CONSERVANCY ONE YEAR SUBSCRIPTION RENEWAL TO C.C.&0. COMPUTER PROTECTION TEC ANNUAL MAINTENANCE FOR CITY HALL CORPORATE EXPRESS MOP 45704 - OFFICE SUPPLIES COUNTY OF SAN DIEGO ASSESSOR MAP PAGES JUL'05 THROUGH JUN06 COUNTY OF SAN DIEGO, RCS JUNE 2006 RCS RADIO SRVC & MAINT CSAC EXCESS INSURANCE Al 2006/07 EXCESS WORKERS' COMPENSATION DANIEL PEARCE/ RPM WELDI FABRICATE & INSTALL ONE SOLID DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS DELL MARKETING CORP DELTA DENTAL DELTACARE (PMI) TIRES ENCUMBER FUNDS FOR JUNE 2006 SERVICE. 209359 5' ✓gyp ,Lo+M Pu 4-AP"PPS 1P2,v044 CARRYING CASE FOR INSPIROt 9400. QUOTE 209360 DENTAL INS JULY 2006 DENTAL INS PMI JULY 2006 DEPARTMENT OF JUSTICE FINGERPRINTING CHARGES FOR NEW CITY DEPARTMENT OF TRANSPOR HIGHWAY LIGHTING FOR FISCAL YEAR 2006 DIXIELINE LUMBER CO. MOP 45707 - POLICE & STOCK DOHENY'S WATER WAREHOL LOUNGE CHAIRS, #0718 DURRA INK MOP.46766 2PT ENVIRONMENT SURVEY EAGLE-1 17 DUSK -TO -DAWN SOLAR LIGHTS 5 '7 S EARLY CHILDHOOD MANUF/ PAPER TRAYS FOR CUBBIES, 6 PER COLOR:- ED REED COMMUNITY CONCERT BAND EXPENSES EMERGENCY EQPT. ENGINEE POUCH/MAG/BUTTSTOCK, MAGAZINE HOLDER COPY PAPER 209339 7/18/2006 267.84 209340 7/18/2006 249.31 209341 7/18/2006 82.13 209342 7/18/2006 135.00 209343 7/13/2006 8,259.94 209344 7/18/2006 1,500.00 209345 209346 209347 209348 7/18/2006 610.16 7/18/2006 27.18 7/18/2006 100.00 7/18/2006 50.00 209349 7/18/2006 195.00 209350 7/18/2006 206.11 209351 7/18/2006 18.00 209352 7/18/2006 1,207.50 209353 7/18/2006 527.22 209354 7/18/2006 4.80 209355 7/18/2006 8,639.00 209356 7/18/2006 87,644.00 209357 7/18/2006 1,411.74 209358 7/18/2006 1,056.12 7/18/2006 794.88 7/18/2006 27,015.02 209361 7/18/2006 14,360.21 209362 7/18/2006 3,373.62 209363 7/18/2006 1,739.00 209364 7/18/2006 7,392.26 209365 7/18/2006 1,682.36 209366 7/18/2006 371.96 209367 7/18/2006 225.20 209368 7/18/2006 63,571.50 209369 7/1S/2006 886.10 209370 7/18/2006 256.08 209371 7/18/2006 996.69 209372 7/18/2006 1,939.50 ENTERPRISE GROUP 2 ESG[L CORPORATION PLAN CHECK SERVICES FEB 2006 209373 7/18/2006 16,298.77 FIRE ETC AKRON 3" VALVE KIT 209374 7/13/2006 491.34 ,ST AMERICAN REAL ESTA METROSCAN CD MNTHLY UPDATE DISK 209375 7/18/2006 2,493.00 FISHER SCIENTIFIC CAT # 01-361-2C. TYVEK COVERALLS, 209376 7/18/2006 672.49 FLEETPRIDE FAN DRIVE 209377 7/18/2006 1,380.28 FLINT TRADING, INC. ITEM #8431064 - PREMARK 12 WH LN PLUS 209378 7/18/2006 1,922.24 GARDNER & ASSOCIATES JUNIOR STICK -ON POLICE BADGES, GOLD 209379 7/18/2006 649.18 GEORGE H WATERS NUTRITIi AQUA ADVENTURES SUMMER CAMP EXPENSES 209380 7/18/2006 110.00 GRAINGER MOP 65179 CARNIVAL FLOOR MAT 209381 7/18/2006 884.67 GROSSMAN PSYCHOLOGICAI PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS FOR 209382 7/18/2006 2,160.00 GTC SYSTEMS, INC. 139 HOURS GTC PROFESSIONAL SERVICES FOR 209383 7/18/2006 1,342.50 HAINES & COMPANY SAN DIEGO DIRECTORIES 209384 7/18/2006 1,357.48 HART'S AUTO SUPPLY BRAKE PARTS 209385 7/18/2006 1,548.50 HEALTH NET HEALTH NET 57135J JULY 2006/WILLIAMS JR 209386 7/18/2006 471.80 HEALTHANALYTICS LLC PARAMEDIC IMPLEMENTATION PROJECT FOR 209387 7/18/2006 11,329.20 HOME DEPOT/GECF 807 TOOLS FOR THE TOOL LOAN PROGRAM. 209388 7/18/2006 23,333.58 JNEYWELL INC. AC REPAIR AT CIVIC CENTER 2'09389 7/18/2006 769.22 HOOD 2006 LEAGUE OF CA CITIES CONFERENCE 209390 7/18/2006 , 250.00 HOTEL HUNTINGTON BEACH ADV LODGING/STRASEN JUL 25-26, 2006 209391 7/18/2006 279.72 1.M.P.A.C. GOVERNMENT SVC CAL CHRGS-GEOTRUST/APPLIANCES BUY PHONE 209392 7/18/2006 839.23 I.M.P.A.C. GOVERNMENT SVC CAL CARD CHRGS-LAWSON AQUATICS 209393 7/18/2006 . 384.48 IKON OFFICE SOLUTIONS MAINTENANCE AGREEMENT/CANON FAX 9000 209394 7/18/2006 40.66 INNOCORP, LTD FATAL VISION BLUE LABEL GOGGLE ($86 209395 7/18/2006 900.00 INT'L HISPANIC NETWORK INT HISPANIC NETWORK MEMBERSHIP SUBSCRPT 209396 7/18/2006 50.00 INTEGRATED OFFICE SYSTEA ANNUAL FACSIMILE MAINTENANCE FOR 5 209397 7/18/2006 593.25 IRON MOUNTAIN RECORDS Is DOCUMENT STORAGE 209398 7/18/2006 100.20 J AND L DISTRIBUTION. INC. RCP18I4EL LOCKING CABINETS 209399 7/18/2006 680.94 JANNEY & JANNEY ATTY SR` COPY OF COURT RULING RE LAZOS V BALLARDO 209400 7/18/2006 47.70 JAS PACIFIC, INC. L.N. CURTIS & SONS ,,ACAL EQUIPMENT, INC. LASER SAVER INC LEXIS-NEXIS JIM MCCOY BUILDING INSPECTOR FEES PD1803 MAKO. PURIFICATION CARTRIDGE RH FENDER MOP 45725 TONER HP4000/4050 COMPATIBLE 2006 CALIFORNIA PENAL CODE HANDBOOKS, 209401 7/18/2006 12,419.55 209402 7/18/2006 140.90 209403 7/18/2006 325.50 209404 7/18/2006 398.35 209405 7/18/2006 360.48 3 LIFEGUARD.COM SOLARTEK LIFEGUARD UMBRELLA, #4062 209406 7/18/2006 269.53 LINCOLN EQUIPMENT INC. BULL HORN, #437.019, 20 WATT 209407 7/18/2006 390.09 MAINTEX, INC. ITEM #2259200 - MTX 20" ULTRA-X HAIR PAD 209408 7/18/2006 2,332.94 MAN K-9 INC. WEEKLY MAINTENANCE TRAINING JUNE 06 209409 7/18/2006 800.00 MASON'S SAW & LAWNMOWI SHARPEN & ADJUST REELS 209410 7/18/2006 944.81 MORE DIRECT HP PRINTER 209411 7/18/2006 131.46 MSA MSA MEMBERSHIP RENEWAL/JEFF/DIAZ/COLE 209412 7/18/2006 210.00 MSA MSA MEMBERSHIP RENEWAL/SMITH FY'07 209413 7/18/2006 70.00 MYERS TIRE SUPPLY TIRE DEMOUNTING TOOL (PART #52-488) 209414 7/18/2006 533.37 NATIONAL CITY CAR WASH CAR WASHES FOR CITY FLEET FOR FISCAL d` 209415 7/18/2006 656.00 NEXUS INTEGRATED SOLUTI, ANNUAL MAINTENANCE FOR TELECOM G 209416 7/18/2006 5,104.08 NEXUS IS, INC. MOVE, ADD AND CHANGE PHONE LINES AND 209417 7/18/2006 600.00 NIXON EGLI EQUIPMENT CO. #P805992-L - LEAF SPRING 209418 7/18/2006 912.27 NORTH STAR GRAPHICS DOOR SOLENOID 209419 7/18/2006 96.20 OFFICE TEAM TEMP SRVCS HARROD JILL A W/E 06/23/06 209420 7/18/2006 5,047.35 ORCUTT UCSD EXTENSION SEMINAR 6/17/06 209421 7/18/2006 95.00 ORCUTT TRAVEL MILEAGES EXP/GINNY ORCUTT 209422 7/18/2006 22.96 PACIFIC PRODUCTS & SERVIC #20F12P-10-PG 2"SQ 12GA X 10' TUBING p/t1='K5 209423 7/18/2006 3,733.54 PERISCOPE. HOLDINGS, INC. NIGP 5-DIGIT COMMODITY CODE ANNUAL 209424 7/18/2006 129.95 PERRY FORD MOP 45703 - BUSHING 209425 7/18/2006 8.84 PORTILLO CONCRETE, INC. RETENTION SPEC 05-4 209426 7/18/2006 12,072.40 PRECISION DYNAMICS CORP. WRISTBANDS, 1000/BOX, #2008, ORANGE 209427 7/18/2006 51.00 PRUDENTIAL OVERALL SUPP MOP 45742 - UNIFORMS - PARKS 209428 7/18/2006 217.52 PUBLIC SAFETY VOLUNTEER ADV REGISTR/WORKSHOP FOR JUL 25-26, 2006 209429 7/18/2006 350.00 QUAKE KARE, INC. (SK100) 100-PERSON DELUXE OFFICE S oltVrVM- K'TS 209430 7/18/2006 2,783.75 QUALA-TEL ENTERPRISES SIGTRONICS SE-8 COMMUNICATION HEADSETS 209431 7/18/2006 759.96 R.J. SAFETY SUPPLY BLUE ANTI -FOG BLACK FRAMES SAFETY 209432 7/18/2006 301.17 RECREATION SUPPLY COMP/ "O"RING LIFEGUARD STAND, 30", SWIVEL 209433 7/18/2006 1,313.13 ROBINSON REIMB FOR PARAMEDIC SCHOOL EXPENSES 209434 7/18/2006 580.66 ROBINSON REIMB FOR PARAMEDIC SCHOOL EXPENSES 209435 7/18/2006 330.20 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#29728110755 ! har, 209436 7/18/2006 21,362.21 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#68199629265 209437 7/18/2006 3,537.07 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#98917081416 209438 7/18/2006 3,238.86 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#10091911839 209439 7/18/2006 961.49 ti SAN DIEGO. GAS & ELECTRIC ELECTRIC BILL/WASTE WATER# 10092646314 209440 7/18/2006 107.12 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/WASTEWATER#29491892373 209441 7/18/2006 61.00 .V DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#27985377588 209442 7/18/2006 34.06 SANDAG FY'07 SANDAG MEMBER AGENCY ASSESSMENTS (1Yl . ' 209443 7/18/2006 14,319.50 SBC/MCI SBC COMMUNICATION 619-474-8857-112 209444 7/13/2006 1,227.08 SBC/MCI SBC COMMUNICATION 619-477-9751-9616 209445 7/18/2006 79.03 SCHMIDT.DESIGN GROUP DEVELOP ARCHITECTURAL PLANS FOR 209446 7/18/2006 431.25 SMART & FINAL MOP 45756 SUPPLIES 209447 7/18/2006 137.59 SOLANA CENTER RECYCLED PRODUCTS, PER DEPARTMENT OF 209448 7/18/2006 1,681.43 SOUTH BAY FOUNDRY GRATE 209449 7/18/2006 387.25 SOUTH BAY MOTORSPORTS HONDA EU2000I GENERATORS, 2006 MODEL. 209450 7/18/2006 2,841.36 STRASEN ADV MEALS/WORKSHOP FOR JUL 25-26, 2006 209451 7/18/2006 114.00 STUMPS SILVER PORPOISE, #KS -ASP, 1'HX3'W 209452 7/18/2006 73.10 SWEETWATER AUTHORITY WATER BILLS/FACILITIES 21 ACCTS 209453 7/18/2006 15,690.01 SWEETWATER AUTHORITY WATER BILLS/STREET 19 ACCTS 209454 7/18/2006 3,089.97 SWEETWATER AUTHORITY WATER BILL/LASPALMAS#960-7774-0 209455 7/18/2006 1,464.27 NEETWATER AUTHORITY WATER BILLS/WASTEWATER# 2 ACCTS 209456 7/18/2006 97.59 SWEETWATER AUTHORITY WATER BILLS/PARKS#920-6000-0 209457 7/18/2006 36.09 TS & SIGNS TSHIRT, WHITE, PRINT ON LEFT- 209458 7/18/2006 460.00 THE LIGHTHOUSE, INC. MOP 45726 - ROCKER SWITCH 209459 7/18/2006 11.36 THE STAR NEWS LEGAL ADVERTISING 209460 7/18/2006 76.88 THE STAR NEWS PUBLISH NOTICE OF PUBLIC HEARING 209461 7/18/2006 48.69 UNION TRIBUNE PUBLISHING S D UNION TRIBUNE RENEWAL ACCT#478540 209462 7/18/2006 185.00 UNITED INDUSTRIES, INC. LEAF RAKE, #P053920 209463 7/18/2006 50.36 VALLEY INDUSTRIAL SPECIA MOP 46453 - PARTS FOR CARNIVAL 209464 7/18/2006 1,941.83 VERIZON WIRELESS VERIZON MOBILE SVCS 209465 7/13/2006 3,857.49 WILLY'S ELECTRONIC SUPPL: MOP 45763 SPLIT LOOM/CABLE TIE BLACK 209466 7/18/2006 113.59 WOLVERINE SPORTS 10 ROLLS/STREAMERS 1000 FT, ITEM #GE0I5P 209467 7/13/2006 187.71 WPD CK31 S - WIPER BLADE 209468 7/18/2006 79.69 PARMA PARMA MEMBERSHIP & SUBSCRIPTIONS 209469 7/18/2006 100.00 .iANDPIPA EXCESS LIABILITY INS- 7/01/06 -7/01/07 209470 7/18/2006 503,297.00 SANDPIPA PROPERTY INS PREM- 07/01/06 - 07/01/07 209471 7/18/2006 74,205.00 AMERICAN PUBLIC TRANSP / APTA 2006 ANNUAL MEETING FEE 209472 7/18/2006 575.00 5 ARCO GASPRO PLUS FUEL FOR STAFF VEHICLES 209473 7/18/2006 690:41 AT SYSTEMS WEST INC MONEY TRUCK - JULY'06 209474 7/18/2006 392.89 BAYSHORE TRANSIT MGMT I PAYROLL FOR CHECK DATED 7/14/06 209475 7/18/2006 46,607.75 BLUE SHIELD OF CA DENTAL 1NSUR. JULY '06 209476 7/18/2006 692.00 BOARD OF EQUALIZATION 2ND QTR - FUEL TAX 209477 7/18/2006 373.77 CINTAS FIRST AID & SAFETY 00120, FIRST AID CABINET ORGANIZED 209478 7/18/2006 137.92 CORPORATE EXPRESS OFFICE SUPPLIES 209479 7/18/2006 641.53 COUNTY OF SAN DIEGO RENEWAL -GENERAL HAZARDOUS MATERIAL PER 209480 7/18/2006 1,359.00 DELL UNIVERSAL NOTEBOOK DOCKING STATION WITH 209481 7/18/2006 114.18 DIXIELINE LUMBER CO SHOP SUPPLIES 209482 7/18/2006 83.29 FIRST ADVANTAGE CORPORA RANDOMS 7 EA, p coviee 'T $ T 5- 209483 7/18/2006 360.00 GAS EQUIPMENT SYSTEMS ID I H6F-36 H6F-36 FILL HOSE 20 FEET 209484 7/18/2006 300.20 JOHNSON ELECTRIC INC. INSTALL BRANCH CIRCUIT AND L/PLEX 209485 7/18/2006 335.00 KAISER FOUNDATION HEALT MEDICAL INSUR. - JULY '06 209486 7/18/2006 11,050.00 KIMBALL MIDWEST SHOP TOOLS AS NEEDED FOR FY06 209487 7/18/2006 326.26 KIRK'S RADIATOR & AUTO Al CLEAN AND TEST COOLER COMBO 209488 7/18/2006 128.75 PECKS HEAVY FRICTION INC 2.000 NF-6312397NFA MANN F/ DRUM 209489 7/18/2006 280.04 PG AUTO PARTS ELECTRICAL 3 999 ARMATURE 209490 7/l8/2006 413.57 PRINCIPAL FINANCIAL GROU 401K - PPE 07/08/06 209491 7/18/2006 2,703.73 REGIONAL COMMUNICATIOI' USE OF 800 MHZ NETWORK RADIOS - JUNE '06 209492 7/18/2006 609.50 SAN DIEGO FRICTION PROD. BUS PARTS AS NEEDED FOR FY06 209493 7/18/2006 336.34 SAN DIEGO PUBLISHING CO ADVERTISING 209494 7/18/2'006 1,895.00 SPANKY'S, INC. PORT -POTTY SERVICE AT 24TH ST TROLLEY ST . 209495 7/18/2006 436.27 SWEETWATER AUTHORITY WATER - 04/26/06 TO 06/27/06 209496 7/18/2006 629.09 UNIFIRST MAINTENANCE LAUNDRY SERVICE FOR FY 06 209497 7/18/2006 74.19 W.W. GRAINGER, INC. SHOP SUPPLIES 209498 7/18/2006 137.22 BELL TRAVEL (AMERICORPS/LSTA Y-3) 209499 7/18/2006 49.98 BROADCAST MEDIA CENTER EXPERT SERVICES (LIT. INIT. XIV) 209500 7/18/2006 895.00 BROWNLEE TRAVEL (AMERICORPS/LSTA Y-3) 209501 7/18/2006 11.00 CANO TRAVEL (AMERICORPS/LSTA Y-3) 209502 7/18/2006 18.60 CASTAGNE TRAVEL (LIT. INIT. XIV) 209503 7/18/2006 235.09 COX TRAVEL (AMERICORPS/LSTA Y-3) 209504 7/18/2006 109.99 DEERING TRAVEL (AMERICORPS/LSTA Y-3) 209505 7/18/2006 38.08 209506 7/18/2006 482.80 DISCOUNT SCHOOL SUPPLY CRAFT SUPPLIES (GLUE, AFRICAN MASKS, ESPINDOLA EXPERT SERVICES (PRIME TIME Y-2) FEDEX KINKO'S PRINTING & BINDING (LIT. INIT. XiV) EMING EXPERT SERVICES (PRIME TIME Y-2) 209507 7/18/2006 350.00 209508 7/18/2006 1,090.97 209509 7/18/2006 625.00 FRIENDS OF VISION LITERAC EXPERT SERVICES (PRIME TIME Y-2) 209510 7/18/2006 300.00 GARCIA TRAVEL (LIT. INIT. XIV) 209511 7/18/2006 51.00 GUENTER EXPERT SERVICES (PRIME TIME Y-2) 209512 7/18/2006 750.00 GUILLEN TRAVEL (AMERICORPS/LSTA Y-3) 209513 7/18/2006 164.22 GUTIERREZ TRAVEL (LIT. INIT. XIV) 209514 7/18/2006 31.04 HAHN TRAVEL (LIT. INIT. XIV) 209515 7/18/2006 74.85 HAMANN TRAVEL (AMERICORPS/LSTA Y-3) 209516 7/18/2006 7.00 HAWTHORN SUITES HOTEL TRAVEL (LIT. INIT. XIV) 209517 7/18/2006 5,188.00 209518 7/18/2006 350.00 209519 7/18/2006 250.00 209520 7/18/2006 21.02 209521 7/18/2006 82.16 209522 7/18/2006 46.58 209523 7/18/2006 20.60 209524 7/18/2006 76.74 209525 7/18/2006 40.80 209526 7/18/2006 68.68 209527 7/1.8/2006 111.86 209528 7/18/2006 750.00 209529 7/18/2006 46,700.00 209530 7/18/2006 1,000.00 HERNANDEZ HOLIK HOLMES HORA HUMPHREY .CQUELYN BRINKLEY JONES JONES KELLY KERR LAVADO LITERACYWORKS LITERACYWORKS LSSI LUA-CORDOVA MACIAS MCCHRISTIAN MEISSNER MESSMER J'HARA ORTEGA PACHECO-PEREZ EXPERT SERVICES (PRIME TIME Y-2) EXPERT SERVICES (PRIME TIME Y-2) TRAVEL (AMERICORPS/LSTA Y-3) TRAVEL (LIT. INIT. XIV) TRAVEL (LIT. INIT. XIV) TRAVEL (LI"T. INIT. XIV) TRAVEL (LIT. INIT.. XIV) TRAVEL (AMERICORPS/LSTA Y-3) TRAVEL (LIT. INIT. XIV) EXPERT SERVICES (AMERICORPS/LSTA Y-3) EXPERT SERVICES (PRIME TIME Y-2) EXPERT & CONSULTANT SERVICES -- EXPERT SERVICES (LIT. INIT. XIV) EXPERT SERVICES (PRIME TIME Y-2) TRAVEL (AMERICORPS/LSTA Y-3) EXPERT SERVICES (PRIME TIME Y-2) EXPERT SERVICES (PRIME TIME Y-2) TRAVEL (LIT. INIT. XIV) TRAVEL (AMERICORPS/LSTA Y-3) TRAVEL (AMERICORPS/LSTA Y-3) TRAVEL (AMERICORPS/LSTA Y-3) TRAVEL (LIT. INIT. XIV) 209531 209532 209533 209534 209535 209536 209537 209538 209539 7/18/2006 7/18/2006 7/18/2006 7/18/2006 7/4 8/2006 7/18/2006 7/18/2006 7/18/2006 7/18/2006 750.00 203.66 625.00 250.00 87.60 66.37 675.00 126.14 119.68 PALATO TRAVEL (AMERICORPS/LSTA Y-3) 209540 7/18/2006 97.58 PALOMAR COMMUNITY COLT EXPERT SERVICES (LIT. INIT. XIV) 209541 7/18/2006 1,500.00 PIMENTEL TRAVEL (AMERICORPS/LSTA Y-3) - 209542 . 7/18/2006 58.82 REITTERER EXPERT SERVICES (PRIME TIME Y-2) 209543 7/18/2006 350.00 ROBINSON TRAVEL (AMERICORPS/LSTA Y-3) 209544 7/18/2006 51.20 SANTA FE SPRINGS CITY LIBI EXPERT SERVICES (PRIME TIME Y-2) 209545 7/18/2006 1,800.00 SCHMIDT TRAVEL (AMERICORPS/LSTA Y-3) 209546 7/18/2006 125.46 SHELTON TRAVEL (LIT. INIT. XIV) 209547 7/18/2006 916.21 SPRINGER EXPERT SERVICES (PRIME TIME Y-2) 209548 7/18/2006 375.00 STRATEGIC RESOURCE COMI EXPERT & CONSULTANT SERVICES- 209549 7/18/20.06 1,568.00 THEOBALD EXPERT SVCS/TRAVEL (LIT INIT XIV) .209550 7/18/2006 7,894.64 TORRES TRAVEL (PRIME TIME Y-2) 209551 7/18/2006 111.18 TUNGATE TRAVEL (LIT. INIT. XIV) 209552 7/18/2006 303:41 VARELA ORTEGA TRAVEL (PRIME TIME Y-2) 209553 7/18/2006 341.28 VAZQUEZ TRAVEL (LIT. INIT. XIV) 209554 7/18/2006 262.48 WESTLIN TRAVEL (AMERICORPS/LSTA Y-3) 209555 7/18/2006 23.29 WILLIAMS TRAVEL (AMERICORPS/LSTA Y-3) 209556 7/18/2006 66.64 XEROX CORPORATION COPY MACHINE CONTRACT FOR -- 209557 7/18/2006 726.25 Workers compensation checks Total 1,485,044.69 11858 7/12/2006 495.00 11859 7/12/2006 71.96 11860 7/12/2006 234.84 11861 7/12/2006 14.45 11862 . 7/12/2006 482.00 11863 7/12/2006 17.29 11864 7/12/2006 136.63 11865 . 7/12/2006 9.75 11866 7/12/2006 365.40 11867 7/12/2006 85.29 11868 7/12/2006 93.50 11869 7/12/2006 289.47 11870 7/12/7006 404.20 8 Total 11871 7/12/2006 303.17 11872 7/12/2006 16.62 11873 7/12/2006 738.50 11874 7/12/2006 440.00 11875 7/12/2006 440.00 11876 7/12/2006 1.50 4,639.57 1,489,684.26 PAYROLL Pay period Start Date End Date Check Date 281 6/20/2006 7/3/2006 7/12/2006 Total 763,025.86 TRANSIT WARRANTS CHECKS 209472-209498 GRAND TOTAL 2,252,71.0.12. CKS 27 $107,226.58 tl City of National City Warrant Register # 3 7/18/2006 001 GENERAL FUND 819,854.05 104 LIBRARY FUND 2,525.85 105 PARKS MAINTENANCE FUND 3,086.47 109 GAS TAXES FUND 16,197.28 120 PLAN CHECKING REVOLVING FUND 28,718.32 125 SEWER SERVICE FUND 3,997.85 130 EMT-D REVOLVING FUND 12,240.06 136 TINY TOT CLASSES FUND 937.81 145 JUVENILE EDUCATION FUND 649.18 154 STATE PUBLIC LIBRARY FUND 41.62 171 LIBRARY SCHOOL DISTRICT CNTRCT 128.98 172 TRASH RATE STABILIZATION FUND 5,814.20 191 STOP PROJECT 463.84 198 PROPERTY EVIDENCE SEIZURE 348.00 204 TRAFFIC EQUIPMENT.FOR ALL 900.00 230 ABANDONED VEHICLE ABATEMENT GRANT 147.39 246 WINGS GRANT 5,221.73 253 RECREATIONAL ACTIVITIES FUND 1,004.35 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 2,320.73 256 CODE ENFORCEMENT GRANT PROGRAM 86,905.08 271 JOBS HOUSING BALANCE GRANT 1,411.74 273 CBAG-MAJOR MEXICAN TRAFFICKERS 277.32 282 REIMBURSABLE GRANTS CITYWIDE 41,477.52 284 Literacy Initiatives XIV 19,944.73 285 EASY VOTER GUIDE II 54.14 286 LITERACY SERVICES 111 1,410.57 287 AMERICORPS LSTA III 2,119.86 288 PRIME TIME II 8,145.32 291 AMERICORPS CNCS YEAR 3 48,579.12 294 HUD HEALTHY HOMES GRANT 291.57 301 GRANT-C.D.B.G. 844.37 302 CDC PAYMENTS 3,071.29 303 CAPITAL FACILITIES FUND 1,848.75 307 PROPOSITION A" FUND 585.71 348 STATE GRANT , 227,057.50 552 TDA 107,226.58 626 FACILITIES MAINT FUND 52,400.78 627 LIABILITY INS. FUND 669,885.57 628 GENERAL SERVICES FUND 5,788.77 629 INFORMATION SYSTEMS MAINTENANC 2,359.57 630 OFFICE EQUIPMENT DEPRECIATION 17,502.26 631 TELECOMMUNICATIONS REVOLVING 11,087.32 632 GENERAL ACCOUNTING SERVICES 2,515.25 643 MOTOR VEHICLE SVC FUND 34,250.52 724 COBRA/RETIREE INSURANCE 1,071.20 Total 2,252,710.12 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. BUDGET & ESTMENT OFFICER FINANCE COMMITTEE CITY MANAGER NICK.INZUNZA, MAYOR -CHAIRMAN RONALD I. 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 15th OF AUGUST 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT AUGUST 22, 2006 MEETING DATE AGENDA ITEM NO. 23 �TEM TITLE WARRANT REGISTER # 4 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 4 per Government Section Code 37208. Environmental Review N/A Finan91,0fsflble. Approved By: Budget & v j' tment Officer Account No. STAFF RECOMMENDATION I recommena ratification of these warrants for a total of $ 439,874.64 BOARD/COMMISSION RECOMMENDATION ATTACtIMegnint k4tt ititl eiPw 2. Workers Comp Warrant Registers dated 7/20/06 3. Resolution No. A-200 (9/80) Payee SUN TRUST ZAPATA CRPOA LOVE LOVE ADAMSON POLICE PRODUCTS ADDICTION MEDICINE CONSULTAI' ADDICTION MEDICINE CONSULTAI\ AIRGAS-WEST ALPHA PROJECT FOR THE HOMELE MERICAN HOMELAND SOLUTION AMERICAN ROTARY BROOM CO., I ASSI SECURITY, INC. BALI HAI BALLET FOLKLORICO IXCUINTLA BANK OF AMERICA BCM MECHANICAL INC. BEST BEST & KRIEGER LLP BEST BEST & KRIEGER LLP BOOT WORLD BUTLER'S MILL, INC. CALIFORNIA COMMERCIAL SECUR CHEVRON USA, INC. CHOICEPOINT CITY OF CHULA VISTA .ITY OF SAN DIEGO City of National City WARRANT REGISTER # 4. 7/25/2006 Description chk no NEW FIRE TRUCK #1 RNTAL PMT#29 7/30/06 RETENTION INCENTIVE PAY ADV REG/NCPD RESERVE OFFICERS 209558 209559 209560 ADV SUBSSIST/RENEE LOVE/LEADERSHIP IN:209561 ADV MILEAGE/LEADERSHIP INST 7/27-28/06 209562 SAFETY VESTS, SECOND CHANCE MONARCH209563 MEDICAL SRVCS JUL 01, 2006-DEC 31, 2006 MEDICAL SRVCS APR 04, 2006-JUN 16, 2006 MOP 45714 - SERVICE CHARGES ` ALPHA PROJECT FOR THE HOMELESS FOR 209567 L',3) CLASS REGISTRATION FOR NIMS/SEMS TRAI] 209568 MOP 62683 - SWEEPER PARTS 209569 LABOR FOR SERVICE CALL ON 8/24/05 ADV PAYMENT -RESERVE BANQUET 8/12/06 209570 209571 BAYFRONT EXPO AND CONCERT SEP 09, 200E 209572 GOVERNMENTAL PURPOSES 209573 INSTALLATION OF A TEMPERATURE I S 209574 LIABLITY CLAIM COSTS -A. HUNTER VS CNC 209575 LIABLITY CLAIM COSTS-RENEE LOVE VS CN(209576 MOP 64096 - BOOTS - JASMUND MOP 45695 - TOOLS MOP 45754 - KEY ANIMAL SHELTER COSTS/JUNE 06 209564 209565 209566 209577 209578 209579 MOP 45699 - FUEL - GAS CARD 209580 AUTO TRACK DATABASE - UNLIMITED ACCE 20958 ] 209582 MOVE ARJIS/SUN-CLETS CONNECTION FROM209583 chk date amount 7/20/06 5,009.63 7/20/06 2,471.15 7/24/06 1,230.00 7/25/06 248.00 7/25/06 58.19 7/25/06 2,157.95 7/25/06 750.00 7/25/06 358.00 7/25/06 3.49 7/25/06 3,964.22 7/25/06 1,335.00 7/25/06 340.57 7/25/06 790.00 7/25/06 1,649.50 7/25/06 250.00 7/25/06 201.90 7/25/06 3,580.00 7/25/06 8,56.4.50 7/25/06 7,044.45 7/25/06 250.00 7/25/06 1,090.75 7/25/06 54.74 7/25/06 25.03 7/25/06 100.00 7/25/06 8,117.61 7/25/06 133.00 City of National City WARRANT REGISTER # 4 7/25/2006 Payee Description chk no chk date amount CORPORATE EXPRESS OFFICE SUPPLIES 209584 7/25/06 1,516.68 7/25/06 468.07 7/25/06 314.09 7/25/06 768.78 7/25/06 4.00 7/25/06 308.88 7/25/06 42.81 7/25/06 187.50 7/25/06 . 66.13 7/25/06 19.89 7/25/06 255.00 7/25/06 98.43 GROSSMAN PSYCHOLOGICAL ASS ASSISTANCE PROGRAM/JUL, AUG, SEPT 06 209596 7/25/06 1,737.50 HARRIS & ASSOCIATES SERVICES APRIL 2006 209597 7/25/06 2,372.46 HERNANDEZ REFUND OF DUPLICATE HOUSING OCCUP PE:209598 7/25/06 166.00 HIREPATRIOTS.COM HIREPATRIOTS JOB FAIR 209599 7/25/06 250.00 HYDROTEX POWER KLEEN 6/1 GAL 209600 7/25/06 540.18 IDENTIX INC. LIVE SCAN SYSTEM 209601 7/25/06 14,897.39 J AND L DISTRIBUTION, INC. SPECIAL EMIRRO TERRA 209602 7/25/06 96.98 LANGUAGELINK TRANSLATION SRVCS-ELECTION NOTICE 209603 7/25/06 305.00 LASER SAVER INC MOP 45725 TONERS COMPATIBLE 209604 7/25/06 129.41 LIEBERT CASSIDY WHITMORE RETAINER AGREEMENT JUNE 2006 209605 7/25/06 1,300.00 LOPEZ INTERPRETATION SRVCS ON 07/18/06 209606 7/25/06 100.00 LOPEZ INTERPRETATION SRVCS ON 07/15/06 209607 7/25/06 100.00 MAAC PROJECT MAAC CONTRACT FOR LEAD HAZARD CONT1209608 7/25/06 35,047.00 MAINTEX, INC. JANITORIAL SUPPLIES 209609 7/25/06 1,405.69 MAKA1 DANCE BAND BAYFRONT EXPO AND CONCERT 209610 7/25/06 2,000.00 DAPPER TIRE COMPANY TIRES FOR CITY FLEET FOR FY07 209585 DISCOUNT SPECIALTY CHEMICALS RICH & GOLD CAR WASH SOAP 209586 DIXIELINE LUMBER CO. MOP 45707 - MISC. ITEMS 209587 DON LEVINSON & LILJEGREN OVERPAYMENT FOR A POLICE REPORT 209588 DREW FORD MOP 49078 - BOOSTER 209589 EMPLOYMENT DEVELOPMENT DE DELINQUENT TAX LIABILITY 209590 FEDEX POSTCARD NOTICES FOR MEETINGS AUG'06 209591 FEDEX LEAD GRANT POSTAGE 6/15/06 209592 FEDEX FILING TO HALL OF JUSTICE 6/28/06 209593 FON-JON KENNELS KENNEL FOR POLICE K9'S WHILE HANDLERS 209594 GRAINGER POCKET TESTER/TEMP PROB RTV/CASE 209595 City of National City WARRANT REGISTER # 4 7/25/2006 Payee MEDICIS COMMUNICATIONS INC. MINUTEMAN PRESS MORA N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY DETAIL SHOP NATIONAL CITY TROPHY Description chk no ADVERTISEMENT PLACED IN EL MEXICANO209611 MOP 47939 COUNCIL AGENDA STATEMENT 209612 EDUC REIMB/INSTRUCTOR IB/APR 21-29, 2006209613 CITY ENHANCEMENT FUND TUNE 2006 MOP 45735 - ROTOR MOP 45737 - DETAIL #448 PERFORMANCE RECOGNITION PLAQUE'S 209617 209614 209615 209616 NATIONAL NOTARY ASSOCIATION ANNUAL MEMBERSHIP RENEWAL/ORCUTT 209618 OBSESION LATINA SALSA BAND BAYFRONT EXPO AND CONCERT SEP 09, 200(209619 ONE SOURCE DISTRIBUTORS ORKIN PEST CONTROL MOP 67256 - LIGHT FIXTURE 2100 HOOVER AVENUE 209620 209621 '.CIFIC MUNICIPAL CONSULTANT ASSISTANT PLANNER CONSULTANT JUN'06 209622 PASACAT DANCE COMPANY PBS&J PENNYSAVER PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RON BAKER CHEVROLET-GEO-ISU SAN DIEGO COMMUNITY COLLEGE SAN DIEGO COMMUNITY COLLEGE SAN DIEGO NEIGHBORHOOD NEWS SAN DIEGO PET & LAB SUPPLY SAN DIEGO POLICE EQUIPMENT SAN DIEGO READER SKS INC. SMART & FINAL JLANA RECYCLERS DEPOSIT FOR PERFORMANCE SEP 09, 2006 209623 SEWER BILL/TAX ROLL ADMINISTRATION A1209624 ADVERTISEMENT PLACED IN PENNYSAVER 209625 MOP 45742 - UNIFORMS - PARKS SERVICE PERIOD 07-06-4 MOP 45751 - TANK ASM 832 PC LAWS OF ARREST COURSE 832 PC LAWS OF ARREST COURSE BOOK STA.209630 ADVERTISEMENT PLACED IN STAR NEWS 209631 209632 209633 209634 209635 209636 209637 MOP 45753 K-9 SUPPLIES SIMULATED HANDGUN, GLOCK 34/35, ADVERTISEMENT PLACED IN S D READER VALMLATF12Q - VAL MAXLIFE ATF 12/1 MOP 45756 SUMMER CAMP SUPPLIES COPY PAPER 209626 209627 209628 209629 chk date amount 7/25/06 525.00 7/25/06 87.82 7/25/06 107.31 7/25/06 3,750.00 7/25/06 552.87 7/25/06 130.00 7/25/06 969.75 7/25/06 45.00 7/25/06 750.00 7/25/06 56.39 7/25/06 4,086.66 7/25/06 9,405.00 7/25/06 250.00 7/25/06 3,501.95 7/25/06 850.00 7/25/06 634.82 7/25/06 209,722.36 7/25/06 45.28 7/25/06 108.00 7/25/06 49.57 7/25/06 1,010.00 7/25/06 198.27 7/25/06 390.59 7/25/06 1,731.60 7/25/06 858.06 7/25/06 233.42 7/25/06 335.12 City of National City WARRANT REGISTER # 4 7/25/2006 Payee SOUTHERN CALIF TRUCK STOP SOUTHERN MUSIC SOUTHWEST SIGNAL SERVICE, IN STATE COMPENSATION INS FUND SWEETWATER AUTHORITY TANGO CONCEPTS TARGET SPECIALTY PRODUCTS THE FILIPINO PRESS TONY SALAMAT'S DANCE COMPAN TOPECO PRODUCTS U.S. HEALTHWORKS U.S. HEALTHWORKS UNDERGROUND SERV ALERT UNITROL/STINGER SPIKE SYSTEMS USA FEDERAL CREDIT UNION VULCAN MATERIALS COMPANY WEST GROUP PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY WOOD & WOOD WOOD & WOOD WOOD & WOOD CUMMINS CAL PACIFIC, LLC DIRECT TV MOP 45758 - DIESEL UNIT #378 Description chk no chk date amount 209638 7/25/06 100.01 BAND SHEET MUSIC FOR PERFORMANCES 209639 TRAFFIC SIGNAL, STREET LIGHTING 209640 W/C CLAIM COSTS EXPERT & CONSULT SRV<209641 WATER BILLS/STREET 3 ACCOUNTS 209642 DEPOSIT FOR PERFORMANCE FAIRWAY FERTILIZER 34-3-7 209643 209644 ADVERTISEMENT PLACED IN FILIPINO PRESS 209645 DEPOSIT FOR PERFORMANCE MOP 63849 - AUTO PARTS STOCK MEDICAL SERVICES/PHYSICAL MEDICAL SERVICES/LEAD BLOOD UNDRGRND SRVC NEW TICKETS/JUN 2006 REPAIR SIREN CONTROL BOX RETURN OF BANNER ADMIN FEE ASPHALT FOR FISCAL YEAR 2006 209646 209647 209648 209649 209650 209651 209652 209653 ON-LINE CHRGS MAY 21,2006 - JUN 20, 2006 209654 MOP 45763 - CABLE 209655 LIABILITY CLAIM COSTS FLORES V. JCPENNI209656 LIABILITY CLAIM COSTS FRISBIE V. C OF NC 209657 LIABILITY CLAIM COSTS AHLES V. OFFICER 209658 BUS PARTS AS NEEDED FOR FY07 209659 DIRECT TV - 07/13 TO 08/12 FIRST ADVANTAGE CORPORATION BACKGROUND CHECK KAISER FOUNDATION HEALTH PLA MEDICAL INSUR. AUGUST '06 KIMBALL MIDWEST SHOP SUPPLIES AS NEEDED FOR FY07. METROPOLITAN TRANSIT SYSTEM TELE INFO FY '07. JULY 2006 209660 209661 209662 209663 209664 7/25/06 108.00 7/25/06 18,052.01 7/25/06 6,380.80 7/25/06 834.23 7/25/06 300.00 7/25/06 3,254.48 7/25/06 450.00 7/25/06 300.00 7/25/06 219.68 7/25/06 250.00 7/25/06 40.00 7/25/06 174.40 7/25/06 100.00 7/25/06 1,975.00 7/25/06 2,054.72 7/25/06 307.11 7/25/06 28.92 7/25/06 6,475.45 7/25/06 3,380.00 7/25/06 3,094.00 7/25/06 700.13 7/25/06 74.98 7/25/06 49.06 7/25/06 11,216.00 7/25/06 363.22 7/25/06 2,335.92 City of National City WARRANT REGISTER # 4 7/25/2006 Payee NATIONAL INTERSTATE INS CO. NATL CITY CHAMBER OF COMMER NEW FLYER PARTS NEXTEL COMMUNICATIONS PRUDENTIAL INSURANCE SBC SOUTH COUNTY ECONOMIC THERMO KING Description LIABILITY INSURANCE ADVERTISING BUS PARTS AS NEEDED FOR FY07 NEXTEL PHONES - 06/10 TO 07/09 LIFE INS. JULY '06 PHONE SERVICE - 07/05 TO 08/04 MEMBERSHIP RENEWAL BUS PARTS AS NEEDED FOR FY07 chk no chk date amount 209665 7/25/06 15,024.40 209666 7/25/06 300.00 209667 209668 209669 209670 209671 209672 7/25/06 7/25/06 7/25/06 7/25/06 7/25/06 7/25/06 574.30 495.84 253.72 464.74 200.00 801.70 Total Workers compensation checks 11877 7/19/06 11878 7/19/06 11879 7/19/06 11880 7/19/06 11881 7/19/06 11882 7/19/06 11883 7/19/06. 11884 7/19/06 11885 7/19/06 11886 7/19/06 11887 7/19/06 11888 7/19/06 11889 7/19/06 11890 7/19/06 11894 7/19/06 11895 7/19/06 11896 7/19/06 $ 435,393.21 59.29 72.25 220.95 83.94 195.22 161.36 83.94 74.67 638.09 31.67 565.25 180.96 212.50 400.00 400.00 400.00 400.00 City of National City WARRANT REGISTER # 4 7/25/2006 Payee Description chk no chk date amount 11897 7/19/06 32.30 11898 7/19/06 269.04 Total $ 4,481.43 Grand Total 439,874.64 TRANSIT WARRANTS CHECKS 209659-209672 CKS 14 TOTAL $32,854.01 6 City of National City WARRANT REGISTER #4 7/25/2006 001 GENERAL FUND 294,061.21 105 PARKS MAINTENANCE FUND 4,149.16 109 GAS TAXES FUND 2,372.46 111 P.O.S.T. FUND 306.19 125 SEWER SERVICE FUND 3,740.11 172 TRASH RATE STABILIZATION FUND 3,964.22 253 RECREATIONAL ACTIVITIES FUND 45.19 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 35,270.70 301 GRANT-C.D.B.G. 5,009.63 302 CDC PAYMENTS 1,020.93 307 PROPOSITION A" FUND 98.43 552 TDA 32,854.01 626 FACILI I'1ES MAINT FUND 5,245.20 627 LIABILITY INS. FUND 39,583.44 628 GENERAL SERVICES FUND 2,530.57 629 INFORMATION SYSTEMS MAINTENANC 3,580.00 643 MOTOR VEHICLE SVC FUND 4,068.19 725 PLANNING 1,975.00 TOTAL 439,874.64 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. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD I. 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 22nd OF AUGUST 2006. AYES NAYS ABSENT MEETING DATE ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT SEPTEMBER 7, 2006 WARRANT REGISTER # 5 PREPARED BY Finance AGENDA ITEM NO. 24 DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 5 per Government Section Code 37208. Environmental Review N/A Financt.abNygnetible. Approved By: udget & Inve,' ent Officer Account No. STAFF ON IRrecommendAratification of these warrants for a total of $ 1,494,162.71 BOARD/COMMISSION RE•j•MMENDATION , ATTAC1-IMF rign(t t@eiM ) 2. Workers Comp Warrant Registers dated 7/26/06 3. Payroll Register dated 7/26/06 A-200 (9/80) Resolution No. Pavee BOARD OF EQUALIZATION BECK STEWART AAA RADIATOR WAREHOUSE ALL POINTS PUBLIC FUNDING, AUSTIN DOORS BOHDAN & DOUCETTE LLP BOOT WORLD BOYD BUTLER'S MILL, INC. C W REED JR City of National City WARRANT REGISTER # 5 8/1/2006 Description SALES & USE TAX 2ND QRTR 2006 TO REPLACE DIRECT DEPOSIT P/R 7/26/06 TO REPLACE DIRECT DEPOSIT P/R 7/26/06 AUTOMOTIVE PARTS (RADIATORS, HEATER LLC NEW FIRE TRUCK LEASE PMT#5 8/29/06 REPAIR 1 HAND CHAIN ASSEMBLY (2.5 HOURS PROFESSIONAL SERVICES FOR JULY 2006 MOP 64096 - BOOTS - CANEDO RETIRE HEALTH BENEFITS AUG 2006 MOP 45695 - BROOM RETIREMENT 2000964-S90 AUG 2006 ALIFORNIA COMMERCIAL POOL JULY 2006 SERVICES CALIFORNIA COMMERCIAL SECURI7 MOP 45754 - KEYS CARDIAC SCIENCE CLOWN EXPRESS CORPORATE EXPRESS OFFICE SUPPLIES CLOWN SRVCS AT BAYFRONT EXPO & CONCEI MOP 45704 OFFICE SUPPLIES CORREDOR HISTORICO CAREM A.C. FUNDRAISING CONCERT TICKETS COUNTY OF SAN DIEGO, RCS CREATIVE ENTERTAINMENT D-MAX ENGINEERING INC DAPPER TIRE COMPANY DEFRATIS DICERCHIO DIXIELINE LUMBER CO. DREDGE JREW FORD DSL EXTREME DURRA INK REF#110257 MAIL SRVCS FOR MAY 2006 CLOWN SRVCS AT BAYFRONT EXPO & CONCEI JUNE 2006 SERVICES TIRES RETIREE HEALTH BENEFITS AUG 2006 RETIREE HEALTH BENEFITS AUG 2006 MOP. 45707 - GLUE TRAPS RETIREE HEALTH BENEFITS AUG 2006 MOP 49078 - WHEEL DSL SERVICE, TO SUPPORT DONATED MOP 46766 PRINTING OF 30,000 FLYERS chk no chk date amount 209673 7/31/2006 10,899.00 209674 7/31/2006 3,641.61 209675 7/31/2006 874.81 209676 8/1/2006 300.28 209677 8/1/2006 19,613.22 209678 8/1/2006 250.00 209679 8/1/2006 3,900.00 209680 8/1/2006 114.15 209681 8/1/2006 145.00 8/1/2006 109.47 8/ l /2006 1,016.02 8/1/2006 39,617.25 8/1/2006 59.00 209682 209683 209684 209685 209686 8/1/2006 68.96 209687 209688 209689 209690 209691 209692 209693 209694 209695 209696 209700 8/1/2006 600.00 8/1/2006 225.64 8/1/2006 210.00 8/1/2006 3,174.79 8/1/2006 275.00 8/1/2006 15, 824.25 8/1/2006 2,855.05 8/1/2006 120.00 8/1/2006 70,00 8/1/2006 20.53 209697 8/1/2006 250.00 209698 8/1/2006 281.75 209699 8/1/2006 54.16 998.00 8/1/2006 ENVIRONMENTAL HEALTH COALITI' EHC LEAD HAZARD OUTREACH-JUNE 2006 209701 8/1/2006 18,808.62 ENVIRONMENTAL RECOVERY SERV] DISPOSAL OF (2) CU YARD BOXES OF RUBBER 209702 8/1/2006 1,758.47 ESGIL CORPORATION PLAN CHECK SRVCS 6/01/106 - 6/30/06 209703 8/1/2006 31,703.47 EWERT, PHILLIP RETIREE HEALTH BENEFITS AUG 2006 209704 8/1/2006 160.00 EXPRESSTEL LONG DISTANCE SVCS 6/20-7/20/06 209705 8/1/2006 168.00 FEDEX GOVERNMENTAL PURPOSES/LIN WURBS 209706 8/1/2006 31.78 GARCIA EDUC REIMB/ADMINISTRATIVE BEHAVIOR 209707 8/1/2006 688.67 GRAINGER MOP 65179 - CART 209708 8/1/2006 582.02 GTC SYSTEMS, INC. 2YR VAL MNT RNWLARCSERVE BACKUP WIN 209709 8/1/2006 223.03 HAMILTON RETIREE HEALTH BENEFITS AUG 2006 209710 8/1/2006 100.00 HOLLOWAY, WILLIAM RETIREE HEALTH BENEFITS AUG 2006 209711 8/1/2006 150.00 HONEYWELL INC. LABOR (4 HOURS) TO SERVICE PUMP AT LAS 209712 8/1/2006 455.44 HYDRO-SCAPE PRODUCTS INC. MOP 45720 - PVC TUBES 209713 8/1/2006 229.08 IBARRA - REIMB FOR CPS TRAINING/IBARRA GABRIEL 209714 8/1/2006 1,351.40 INFRASTRUCTURE ENGINEERING T&A# 950 FIG COURT AND DIVISION ST 209715 8/1/2005 502.90 JC TOWING MOP 68892 - VEHICLE #365 TOWING 209716 8/1/2006 50.00 KELLY BLUE BOOK ANNUAL SUBSCRIPTION RENEWAL 209717 8/1/2006 60.00 KIMBLE RETIREE HEALTH BENEFITS AUG 2006 209718 8/1/2006 300.00 LASER SAVER INC MOP 45725 PRINTER CARTRIDGES 209719 8/1/2006 118.42 LEXIS-NEXIS ONLINE CHARGES FOR JUNE 2006 209720 8/1/2006 379.18 LIONS CLUB LION'S CLUB 4TH OF JULY ' 209721 8/1/2006 6,250.00 MACKAY REFUND FOR OVERPAYMENT PAhKING CITATI 209722 8/1/2006 20.00 MAINTEX, INC. #2630114 - MEDIUM LATEX POWDER -FREE 209723 8/1/2006 2,666.04 MATIENZO RETIREE HEALTH BENEFITS AUG 2006 209724 8/1/2006 100.00 MCCABE RETIREE HEALTH BENEFITS AUG 2006 209725 8/1/2006 280.00 MILLER REIMB/EXPENSES/NUTRITIONCETER PROJECT 209726 8/1/2006 221.60 MINUTEMAN PRESS MOP 47939 EMPLOYEE PERFORMANCE EVALU 209727 8/1/2006 453.07 MJC CONSTRUCTION CONSTRUCTION OF THE FIRST PHASE OF THE 209728 8/1/2006 292,129.22 MURRAY, JOHN RETIREE HEALTH BENEFITS AUG 2006 209729 8/1/2006 150.00 MX LOGIC, INC EMAIL PROTECTION, ANTI-SPAM PROTECTION 209730 8/1/2006 441.00 MYERS RETIREE HEALTH BENEFITS AUG 2006 209731 8/1/2006 140.00 N & U TRUCKS & AUTO RECYCLING WINDSHIELD GREEN T1NT/BLUE SHADE FOR 209732 8/1/2006 149.00 NAPA AUTO PARTS MOP 45735 - OIL/WIPES 209733 8/1/2006 25.06 2 NATIONAL LEAGUE OF CITIES GOVERNMENTAL PURPOSES NEXUS INTEGRATED SOLUTIONS NEC AND SOFTWARE MAINTENANCE FOR FYO 209735 NOSAL, WILLIAM A. 1E SOURCE DISTRIBUTORS ORIENTAL TRADING, CO., INC. PACIFIC AUTO REPAIR PARADISE VALLEY HOSPITAL PAUU PERRY FORD PERVO TRAFFIC CENTER POTTER POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY RALPH AYALA ENRIQUEZ RAY ROMAN'S TRUCK BODY & PAINT RORE ENVIRONMENTAL SCIENCE RETIREMENT SETTLEMENT FOR AUG 2006 MOP 67256 - LAMP CRAFT SUPPLIES, I.E. BEAD LACES, FUEL PUMP FOR UNIT # 182 'HEALTHY HOMES' JAN-DEC 2006 RETIREE HEALTH BENEFITS AUG 2006 MOP 45703 - UNIT #341 - COOLING FAN MOP 63846 SUPER STRIPE WHITE/RED RETIREE HEALTH BENEFITS AUG 2006 #PC2150 BAIIERY MOP 45742 - UNIFORMS - PARKS LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS AUG 2006 LABOR TO REPAIR UNIT #405 JUNE 2006 SERVICES UTZ RETIREE HEALTH BENEFITS AUG 2006 PC 832 TRAINING AUG 14 TO AUG 18, 2006 BOOK PC 832 TRAINING T-1 PHONE/ ISDN LINES C60-449-7549-555 T-1 PHONE/ ISDN LINES 619-477-96738-6438 STREET DIVISION GAS & ELECTRIC CHARGES (41) TB SKIN TESTS WITH 48 HOUR FOLLOW RETIREE HEALTH BENEFITS AUG 2006 ANNUAL MEMBERSHIP DUES - 2006 MOP 45756 MISC SUMMER CAMP SUPPLIES SOUTH COAST FIRE EQUIPMENT INC SWITCH, ROCK BLK SOUTHWEST PAINT & BODY, INC. PARTS TO REPAIR UNIT #437 SAN DIEGO COMMUNITY COLLEGE SAN DIEGO COMMUNITY COLLEGE SBC/MCI SBC/MCI SDG&E SHARP REES STEALY MED C SHORT, CRAIG SISTER CITIES INTERNATIONAL SMART & FINAL SPARKLETTS SPARKLETTS OTARTECH COMPUTERS STRATACOM WATER FOR MAYOR AND COUNCIL OFFICE JUI WATER FOR MAYOR & COUNCIL OFFICE JUN'0i MOP 61744 HP FAX 1050 MOP 63845 BUSINESS LICENSE SUPERCO SPECIALTY PRODUCTS THE ASSISTANT #7166, WALL CLEANER 209734 8/1/2006 8/1/2006 209736 8/1/2006 3,971.00 5,104.08 956.73 209737 8/1/2006 1,216.72 209738 8/1/2006 175.10 209739 8/1/2006 853.49 209740 8/1/2006 6,894.00. 209741 8/1/2006 340.00 209742 8/1/2006 494.79 209743 8/1/2006 799.07 209744 8/1/2006 150.00. 209745 8/1/2006 1,919.03 209746 8/1/2006 337.54 209747 8/1/2006 507.76 209748 8/1/2006 190.00 209749 8/1/2006 3,648.82 209750 8/1/2006 7,990.00 209751 8/1/2006 310.00 209752 8/1/2006 108.00 209753 8/1/2006 49.57 209754 8/1/2006 8,026.43 209755 8/1/2006 227.46 209756 8/1/2006 35,772.34 209757 8/1/2006 850.00 209758 8/1/2006 300.00 209759 8/1/2006 645.00 209760 8/1/2006 448.91 209761 8/1/2006 46.46 209762 8/1/2006 3,218.76 209763 8/1/2006 36.93 209764 8/1/2006 36.83 209765 8/1/2006 209766 8/1/2006 209767 8/1/2006 834.65 184.91 250.66 THE LIGHTHOUSE, INC. THE STAR NEWS THE STAR NEWS THOMSON WEST/BARCLAYS TURF MAKER TURF STAR UCMC: UNIV. COMMUNITY MEDICAI US STERLING CAPITAL CORP VERIZON WIRELESS VIDEO MONITORING SERVICES MO 45726 - SWITCHES/LIGHTS INV# NC25355 PUBLISH NOTICE OF PUBLIC PUBLISH NOTICE OF PUBLIC HEARING ANNUAL RENEWAL/FPPC WILCO SQUIRREL BAIT #92-5513 - TRANSMISSION FOR UNIT #333 SEXUAL ASSAULT EXAMS AS NEEDED FOR FY TRADE SETTLING CHARGES VERIZON MOBILE SVCS (619 )207-7342 MONITORING SERVICES/MAYOR WEST GROUP PAYMENT CENTER ON-LINE CHRGS APR 21,2006 - MAY 20, 2006 WEST GROUP PAYMENT CENTER WHITAKER BROTHERS WRIGHT COMPUTER PRODUCTS, INC 25% DISCOUNT MISC MEDICAL SUPPLIES, lE ICE PACKS; HEALTH BENEFITS AUG 2006 ZEE MEDICAL, INC. ZIETLOW, DAVID BAYSHORE TRANSIT MGMT INC BLUE SHIELD OF CA C1NTAS FIRST AID & SAFETY CORPORATE EXPRESS CUMMINS CAL PACIFIC, LLC EW TRUCK & EQUIPMENT CO INC CIVIL PROCEDURE TRIAL FORMS ANNUAL SERVICE AGMT RENEWAL SHREDDEI. RETIREE PAYROLL FOR CHECK DATED 7/28/06 DENTAL INSURANCE - AUGUST '06 00120 CABINET ORGANIZED OFFICE SUPPLIES BUS PARTS AS NEEDED FOR FY07 BUS PARTS AS NEEDED FOR FY07 KAISER FOUNDATION HEALTH PLAIN MEDICAL 1NSUR. AUGUST'06 MCDONALD TRANSIT ASSOC. INC. MANAGEMENT FEE - JULY '06 PRINCIPAL FINANCIAL GROUP SAN DIEGO BUS DRIVERS UNION SAN DIEGO COUNTY SHERIFF SAN DIEGO FRICTION PROD. SOUTH COAST MEDICAL CLINIC THERMO KING Workers compensation checks 401K PPE 07/22/06 UNION DUES - JULY 2006 PPE 07/08/06 - GARNISHMENT M. SANDOVAL BUS PARTS AS NEEDED FOR FY07 RANDOM BUS PARTS AS NEEDED FOR FY07 209768 8/1/2006 308.02 209769 8/1/2006 448.44 209770 8/1/2006 117.88 209771 8/1/2006 119.00 209772 8/1/2006 215.07 209773 8/1/2006 1,777.57 209774 8/1/2006 895.00 209775 8/1/2006 148.91 209776 8/1/2006 52.99 209777 8/1/2006 430.00 209778 8/1/2006 1,021.53 209779 8/1/2006 161.63 Total 209780 8/1/2006 209781 8/1/2006 209782 8/1/2006 209783 8/1/2006 209784 8/1/2006 42,638.20 209785 8/1/2006 714.00 209786 8/1/2006 156.78 209787 8/1/2006 109.37 209788 8/1/2006 391.99 209789 8/1/2006 3,252.07 209790 8/1/2006 11,889.00 209791 8/1/2006 209792 8/1/2006 209793 8/1/2006 209794 8/1/2006 209795 8/1/2006 209796 8/1/2006 209797 8/1/2006 345.45 2,233.25 197.19 150.00 12,776.40 2,748.26 1,225.20 374.00 251.40 36.00 139.89 638,632.94 11899 7/26/2006 9.25 11900 7/26/2006 142.90 11901 7/26/2006 72.25 11902 7/26/2006 47.60 11903 7/26/2006 83.94 11904 7/26/2006 33.79 11905 7/26/2006 133.15 11906 7/26/2006 475.43 11907 7/26/2006 105.45 11908 7/26/2006 326.05 11909, 7/26/2006 9.75 11910 7/26/2006 674.80 11911 7/26/2006 47.39 11912 7/26/2006 76.50 11913 7/26/2006 241.80 11914 7/26/2006 162.75 11915 7/26/2006 47.60 11916 7/26/2006 356.35 11917 .7/26/2006 243.05 11918 7/26/2006 2.26 11919 7/26/2006 24.20 11920 7/26/2006 72.25 11921 7/26/2006 241.10 11922 7/26/2006 59.29 11923 7/26/2006 83.94 11924 7/26/2006 298.44 11925 7/26/2006 83.94 11926 7/26/2006 101.78 11927 7/26/2006 811.50 11928 7/26/2006 54.00 11929 7/26/2006 119.85 11930 7/26/2006 331.97 11931 7/26/2006 440.00 11932 7/26/2006 460.65 11933 7/26/2006 440.00 PAYROLL Pay period Start Date End Date Check Date 282 7/4/2006 7/17/2006 Total Total 7/26/2006 Total 6,914.97 645,547.91 848,614.80 GRAND TOTAL 1,494,162.71 TRANSIT WARRANTS CHECKS 209784-209797 CKS 14 TOTAL $77,351.51 6 City of National City Warrant Register # 5 8/1/2006 001 GENERAL FUND 641,268.65 104 LIBRARY FUND 26,710.88 105 PARKS MAINTENANCE FUND 20,609.18 109 GAS TAXES FUND 3,181.79 120 PLAN CHECKING REVOLVING FUND 31,703.47 125 SEWER SERVICE FUND 34,120.44 136 TINY TOT CLASSES FUND 175.10 154 STATE PUBLIC LIBRARY FUND 3,093.19 172 TRASH RATE STABILIZATION FUND 1,685.06 173 NATIONAL SCHOOL DIST CONTRACT 1,024.95 174 SWEETWATER SCHOOL DIST CONTRAC 4,774.05 188 GRANT - HIDTA 1,729.13 191 STOP PROJECT 7,586.61 196 CAPITAL PROJECT RESERVE 7,990.00 212 PERSONNEL COMPENSATION FUND 11,808.86 230 ABANDONED VEHICLE ABATEMENT GRANT 1,473.85 246 WINGS GRANT 45,573.65 254,, LEAD -BASED PAINT HAZARD REDUCTION GRANT 21,431.85 Z CODE ENFORCEMENT GRANT PROGRAM 6,068.42 2i,, CBAG-MAJOR MEXICAN TRAFFICKERS 1,802.56 291 AMERICORPS CNCS YEAR 3 3,111.19 294 HUD HEALTHY HOMES GRANT 14,185.14 301 GRANT-C.D.B.G. 30,384.10 302 CDC PAYMENTS 27,822.34 303 CAPITAL FACILITIES FUND 39,617.25 307 PROPOSITION A" FUND 5,418.21 320 LIBRARY GRANTS 2,175.98 348 STATE GRANT 292,129.22 552 TDA 77,351.51 626 FACILITIES MAINT FUND 57,426.84 627 LIABILITY INS. FUND 7,561.69 628 GENERAL SERVICES FUND 8,424.01 629 INFORMATION SYSTEMS MAINTENANC 4,919.32 631 TELECOMMUNICATIONS REVOLVING 15,456.22 632 GENERAL ACCOUNTING SERVICES 11,276.54 643 MOTOR VEHICLE SVC FUND 22,588.56 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 502.90 Total 1,494,162.71 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. BB G�V, `MENT OFFICER 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 OF SEPTEMBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 25 / ITEM TITLE Public Hearing — Conditional Use Permit for the Modification of CUP-2004-11 to Allow the Sale of Distilled Spirits at Ben's 1615 Restaurant at 1615 Sweetwater Road (Applicant: Benjamin O. Camacho) (Case File M1-CUP-2004-11) N1.- PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The Planning Commission held a public hearing on this item at their July 3, 2006 meeting, where the commissioners voted to approve the requested Conditional Use Permit. City Council set the item for hearing at their July 18, 2006 meeting. The attached background report describes the proposal in detail. Environmental Review N/A Exempt Financial Statement N/A STAFF RECOMMENDATION 472 Staff recommends approval based on the attached findings and conditions of approval, including a modified condition #3 and a new condition #14 as described in the staff report. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes — Carrillo, Alvarado, Baca, DeLaPaz Nays: Pruitt, Flores, Reynolds ATTACHMENTS ( Listed Below ) Resolution No. 1. Background Report 5. Community Meeting flyer, sign -in sheet, meeting minutes 2. Planning Commission Reso No. 21-2006 with Findings for Approval 6. Proposed Notice of Exemption and New/Modified Conditions of Approval 7. Police Department comments 3. Location Map and Site photographs 8. Application with project plans \ 4. Hearing notice A-200 (9/99) BACKGROUND REPORT Ben's 1615 Restaurant is a full service restaurant in the Sweetwater Medical Plaza, at the northeast comer of Sweetwater Road and Grove Street. The 19,500 square -foot property is in the General Commercial (CG-PD) Zone. Other uses in the area include single-family residential development located to the north across Grove Street in Lincoln Acres, commercial shopping center development to the south and east, and National City Golf Course to the west. The restaurant occupies approximately 1,600 square -feet of the 7,250 square -foot building, with the floor area being divided between two suites of the building; one upstairs and one downstairs. The applicant indicates that there are 60 interior seats, 28 upstairs and 32 downstairs; of the 28 upstairs seats, 8 are part of the bar. The restaurant also has a 12 seat patio in front of the building. A Conditional Use Permit, approved in June 2004 (CUP-2004-11), allowed beer and wine sales and karaoke both upstairs and downstairs in the restaurant, then called Old Recipes. The name of the restaurant has since been changed to Ben's 1615 Restaurant. The applicant is requesting an amendment to their ABC license to include the sale of distilled spirits (Type 47 — On Sale General for Bona Fide Public Eating Place). The restaurant is currently still licensed for the sale of beer and wine (Type 41 — On Sale Beer and Wine for Bona Fide Public Eating Place). The applicant has indicated that the current hours of operation are 11 a.m. to 2 p.m. for lunch and 5 p.m. to 9 p.m. for dinner daily; the exception being that the upstairs bar area is open until 11 p.m. on Fridays. Alcohol is still proposed to be served during these hours. These hours of operation conform with the original conditions of approval. The ABC license covers both the upstairs and downstairs suites areas which are separated by an external stairway linking the two. Although stairs to a bar are not unusual, the configuration of this use is different than most due to the external stairway, whereas similar establishments may have an attached bar or an internal stairway. Although this arrangement could potentially pose management control problems, there are no records of any problems at this location to date. A condition of approval of the original CUP required that "If separate ABC licenses are issued for each floor of the restaurant, they shall be held by the same person or business." However, during subsequent research for the current permit, the condition was changed to reflect two licenses having been issued. ABC has since stated that there is in fact only one license covering both suites. Condition number 3 has been changed back to reflect this actuality. The addition of distilled spirits is intended to enhance the experience of the restaurant/karaoke bar visit. The applicant states that the establishment would like to cater to their client's needs as much as possible. The restaurant has been serving alcohol (beer and wine) since August 2004. Based on California Department of Alcoholic Beverage Control (ABC) records, there is no history of any violations at this location since sale of alcohol began. Consistent with City policy, the applicant held a community meeting on Friday June 9, 2006 at 5:30 p.m. at the restaurant. They stated that all civic organizations required to be contacted were notified of the community meeting by mail. A sign -in sheet as been provided along with minutes from the meeting (attached); an accompanying letter states that all 26 people in attendance were in support of the application. There are residences close by — 100 feet to the north in the County of San Diego (Lincoln Acres area). A school (Sweetwater Union High School) is over a half mile to the west. However, as this is a sit down restaurant, no distance requirements apply. There are seven other active ABC permits in this area, one of which is on sale general (the same as what is being applied for): Location ABC classification Description Denny's (type 47) on sale general Casa de Oro (type 41) on sale beer and wine Pizza Hut (type 41) on sale beer and wine Hanaoka Japanese Restaurant (type 41) on sale beer and wine NC Golf Course (type 41) on sale beer and wine Long's Drug (type 21) off sale general Kyoto Gift & Food (type 20) off sale beer and wine The Police Department has stated that they are not in favor of the addition of distilled spirits. They indicate that over -saturation of alcohol establishments is an issue for the area, that the applicant has not shown there to be any public convenience or necessity, and that there is a lack of time since the first granting of the CUP to establish a notable history of a well managed, violation free establishment (see attached comments). The Planning Commission held a hearing on this application on July 3, 2006. Frank Lopez of the Alcohol, Tobacco and Other Drugs Taskforce spoke in opposition to the proposal citing the high ,:oncentration of alcohol establishments in the area and that alcohol could be sold without food. Coairuissioners discussed the history of alcohol sales at this location and voted to approve the CUP based on the attached findings. City Council set this item for hearing at the July 18, 2006 meeting after discussing the item, with particular emphasis given to the lack of a condition requiring food to be sold with alcohol. Several alcohol CUP's in recent years have included such a condition. A new recommended condition of approval (number 14) has been included in this regard. The conditions of approval of the previous CUP have also been included with this application, and have been updated to reflect the proposed sale of distilled spirits. RESOLUTION NO. 21-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE MODIFICATION OF CUP-2004-11 TO ALLOW THE SALE OF DISTILLED SPIRITS AT BEN'S 1615 RESTAURANT AT 1615 SWEETWATER ROAD APPLICANT: BENJAMIN CAMACHO CASE FILE NO. MI-CUP-2004-11 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the modification of CUP-2004-11 to allow the sale of distilled spirits at Ben's 1615 Restaurant at 1615 Sweetwater Road at a duly advertised public hearing held on July 3, 2006, 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. M1-CUP-2004-11, 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 beessential 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 July 3, 2006, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition of distilled spirits sales for on -site consumption will be in an existing restaurant permitted for beer and wine sales, at Sweetwater Medical Plaza, as shown on submitted plans. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the restaurant is existing and the proposal will not substantially affect traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is existing, is currently permitted for beer and wine sales, and is located in a developed commercial arca. 4. That the proposed use is deemed desirable to the public convenience and welfare, since the sale of distilled spirits will increase services offered by the restaurant, resulting in enhanced service for its customers. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of distilled spirits for on -site consumption at Ben's 1615 Restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. M1-CUP- 2004-11, dated 5/23/2006. 2. The sale and consumption of all alcohol products shall be limited to indoor restaurant areas and is prohibited in the patio area. 3. The separate ABC licenses issued for the first and second floor areas shall be held by the same entity (person or business). 4. Karaoke is permitted inside the building only and is prohibited in the patio. 5. No coin operated amusement devices shall be operated on the licensed premises. 6. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 7. The sale of alcohol shall be prohibited after 10:00 p.m. and before 7:00 a.m. except on Fridays, when it shall be prohibited after 11:00 p.m. and before 7:00 a.m. 8. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. 9. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 10. The applicant shall obtain a Police permit as specified in Chapter 10.78 of the Municipal Code for any live entertainment event. 11. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Fonu, 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. 12. 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. 13. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 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 July 3, 2006, by the following vote: AYES: Carrillo, Alvarado, Baca, DeLaPaz NAYS: Flores, Pruitt, Reynolds ABSENT: ABSTAIN: CHAIRWOMAN RECOMMENDED FINDINGS OF APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the addition of distilled spirits sales for on -site consumption will be in an existing restaurant permitted for beer and wine sales, at Sweetwater Medical Plaza, as shown on submitted plans. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the restaurant is existing and the proposal will not substantially affect traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is existing, is currently permitted for beer and wine sales, and is located in a developed commercial area. 4. That the proposed use is deemed desirable to the public convenience and welfare, since the sale of distilled spirits will increase services offered by the restaurant, resulting in enhanced service for its customers. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. NEW/MODIFIED CONDITIONS FOR APPROVAL 3. If separate ABC licenses are issued for each floor of the restaurant, they shall be held by the same person or business. 14. No alcohol shall be available without the purchase of food. SWEETWATER MEDICAL PLAZA CITY BOUNDARY ZONE BOUNDARY LOCATION MAP M1-CUP-200411 Conditional Use Permit for the Modification of CUP-2004-11 to Allow the Sale of Distilled Spirits at Ben's 1615 Restaurant at 1615 Sweetwater Road NATIONAL CITY PLANNING z DRN. DATE: 6/14/06 INITIAL HEARING: 7/3/06 Ben's 1615 Restaurant - West elevation Front patio External stairway to second level Patio area on north side of building Single-family residential to North on Grove Street General Commercial to East // General Commercial to South National City Golf Course to West City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE MODIFICATION OF CUP-2004-11 TO ALLOW THE SALE OF DISTILLED SPIRITS AT BEN'S 1615 RESTAURANT AT 1615 SWEETWATER ROAD CASE FILE NO.: MI-CUP-2004-11 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, July 3, 2006, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed Conditional Use Permit (Applicant: Benjamin Camacho). Any person interested in this matter may appear at the above time and place and be heard. The applicant is requesting their existing Conditional Use Permit for beer and wine and for karaoke be upgraded to include the sale of distilled spirits. Members of the public are invited to comment. Written comments should be received by the National City Planning Department on or before 5:30 p.m., July 3, 2006. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT ROGER G. POST Planning Director PUBLISH IN THE NATIONAL CITY STAR NEWS Friday, June 23, 2006. Recycled Paper t5960411a0.11d aftiMI .66PQ /6/ 5ffeasterawara/gaewhe 6ifew rra 44TradviChroo DATE: JUNE 9, 2006, FRIDAY TIME: 5:OOPM WHERE: BEN'S 1615 1615 SWEETWATER RD. NATIONAL CITY, CA. 92150 TEL: 619-474981 1 FAX: 619-4742211 PP6M 1615' Traditional & Asian Fusion Cuisine June 9, 2006 Planning Department City of National City 1243 National City Blvd. National City CA 91950 To whom it may concern: 12 JUN 200G PH 4:02 This is to inform your good office that on June 9, 2006 from 5-6 pm, we constructed a community meeting. The meeting was held at Ben's 1615 Restaurant to address the upgrade of our liquor license. In the meeting, 26 people attended whom of which were National City residents, Community members, Restaurant customers, and representatives from activists groups. Numerous questions were proposed and addressed. All present were all in support of the liquor license upgrade and maybe contacted at your preference. For any questions/concerns you may contact me at 619-474-2233 Yours Sincerely, Benjamin O. Camacho l Swcrhyatcr Rd. tile. iA National Cite, C��� 91950 Tel. No. b l 9.4 / 4.98 1 1 ':u No. b I H%. 17 1.?_> i Iv°wvv.hcns I 0 I S.rom /5 I)) BENS'S 1615 RESTAURANT 09 JUNE 2006 (FRIDAY) PRINT NAME ADDRESS TEL. NO. 90s.ate u0 Ave f*Gt NOTo\itiL my 41 uisi) 14)0011V C124i, Illaiouq ZietlYITRNO 0,i-. 6 Nsk- ah)nal i 1 i N c -(o,l � 9 iiii l a4) e/4/14c [01,c + :urteuxt4 itf kg 619 7( )1; r.o 1, V_r o� . 91a S. +c tn�, , �.�) N � ' 43a -0 /c�vu-i- fIn4 V,61,RW /Glr vg..zdki le-rr °%)46 4r9-3/1=sis6 ii-eiveat lint? al0 o-ucz-z, Atic i/ 3g fy -Gttz q q. 1 /, P •P, /,t>°�, KKf5 Stqagn. rip NC- ((r / cr) Li %q ///� H L wv-t tri ---,o j R -1 t, s►Ie w r Vink- Llt) 97 -- 4 VA544rI hiC 14401eitit pp- jirirrii li(*l14 ('i t)sr--2)56 1iii4NIU-1 :SE, c-h.,o-s--- (i<5p,;l7tii - () 771 -7 yy9 q ()Ai ct';rr,-r,ttf7!-j', ¢d .dor, � �-.; ()tc )Pigk, �1�(9) 71 ._. ?1d1Ut/ }1. L 1-J Q-ZQ (.)-11(f 1ii14 l,OIc-f- 1& ✓ 5 �� =�+,J iV {.t��v/�r� i�.i.��� �,iN1ii1 C.S(: i (� �(Z 5 /265 ep- (\-6 o r ) Q it ra_ Acp ilAtic, 6 /ci S-2 1f- _ A-/ o ,��-J l (isif I'd 7d--// ;0 3,4 Let C -G7,2, / ' l ' /7 i) y/ ',(,'r? /7 1,75,�� .,/� C/C/ G,,,, /%"C/t- .NIA S/9N .7, Soil!` <%I/ /,J - "3C/ %%' �/ 7� - (�-�' l S )j -` •o PRINT NAME le, 11. (0;,ti.),„,/,-,,-.4A Cci,21-elrfA Ti-e/e., Al") s z t11, Cis ,treVEPO OC)VOUL149 )4 e-C 1 GI, ft-S ADDRESS / 3 /i), 7- 474e tag 4: PL g7avero:1-14.-P\ve 3 kk.t. riatio[AQI. t-I (JD IP VA< TEL. NO. (iv( 4) 73 (60 ( 6.) 73 /3 e.fe-)cAoy e'j3y,2- /7 gcics. 7641 fc)(q)b2P( -C2t7q6 ((p/V 75d- Y- c,•V ub/14/Yiub 11:19 6194/42211 J1 H-13-2006 05.18 FROM: BENJAMIN 0 CAMACHO 4 11 oAGc p2 F'. 2 Ben's 1615 restaurant community meeting Friday 9, 2006 5:00 pm - 6:OOpaa Attendance sign in attached: Questions were formed by resident All questions were address by Michael Huesca, restaurant consultant. 524pm . Q: why arc you getting snow license or a hard liquor? gourmet cuisine A: Dr. Camacho has brought a La Jolla class restaurant to National City, serving g in a fine dining environment. Our customer therefor are often Doctors and other professionals. It is due to there request of Highballs or Martinis that has sparked our interest in getting the upgrade- Q: will you serve alcohol to someone who is not eating? A: Yes, we can not force a customer to purchase food. FFowever, we will have a food d menu we available always. This license is simply an upgrade we do not plan on changing already have, I know we must sell 50/50 over all. Which we easily do now. Q: will your hours be different? A: Again we will not change our hour, the conditions on our current license has been approved weekdays till 11:00 pm and weekends till midnight. Our hours however are lOpm and 1 1pm on weekends. We do. on occasion, stay till midnight, private parties mainly. ust as a bar? AA: Nonfood will at l going be ato vailable, just n the bar as it has. Q how will you promote the sale of hard liquor? Will it be as a bar. A: Ben's 1615 wilt always be promoted as a restaurant with the extra as a bar. We have always promoted uy as a restaurant and this up grade will not change that. Q: have you had any problems with parking? A: No problems with the parking. We have a great relationship with the golf course, they give assistance with the occasional over flow. It is not often. Q: any problems in general? A: Nearly 2years open and no problem to speak nf. Q- how will you be sure to not sever to minors? A: Our severs and bar staff all will be certified with the law enforcement training be it NCPD or SDPD which I work closely with. I think its important that we remember, Dr. Camacho is a on /j Ub/ 14/'Lbtlb 12:19 6194742211 IUt4-13-2006 05:18 FROM BENJAMIN 0 C site proprietor. Being so he is not on top of all areas of his business. He is the type of business person National City and other cities want in there business community. National city has a strong stand on license. That was honestly was created to get out the businesses who just did not care. People who abused there licence and cared less about the community or there neighbors. In those days, it was necessary to be strong and set an example to everyone. Now it is time to allow good, strong, community oriented, business people that are invested in the success of National City to help this city to bring in a new culture and life, Supported agreed and community member did as well. (Please note all though present did give permission to be contacted with any question). No more questions formed. 556pm M N City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: M1-CUP-2004-11 Project Location: 1615 Sweetwater Road, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4319 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for the modification of CUP-2004-11 to allow the sale of distilled spirits at Ben's 1615 Restaurant at 1615 Sweetwater Road. Applicant: Benjamin O. Camacho 1615 Sweetwater Road, National City, CA 91950 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061b3) Telephone Number: (619) 474-9811 Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal involves the extension of the types of alcoholic beverages sold in an existing restaurant. Date: MARTIN REEDER Planning Technician 14l P,evrlrrl Pnner NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: June 27, 2006 TO: Martin Reeder, Planning Technician FROM: L. Brent Roark, Operations Support Lieutenant SUBJECT: Case File No: MI-CUP-2004-11 Ben's (Formerly Old Recipes) at 1615 Sweetwater Road has applied for the modification of a previously approved Conditional Use Permit to allow for the sale of distilled spirits, commonly referred to as "hard alcohol." The National City Police Department opposes the granting of the modification. There are several factors taken into consideration on applications such as the one before us. The Police Department takes its responsibility in the review of such applications seriously and relies upon the expertise of police personnel, as a result of their training, and knowledge, to offer conscientious, data -driven input. It is not sufficient for the Department to narrow its focus on simply criminal conduct per se regarding an outlet or the surrounding area. The Department takes a much more broad view of planning issues with an eye toward environmental prevention strategies. The Department recognizes that our responsibility must extend to proactive and preventative measures that address community health, safety and wellbeing on a broad scope. Even small changes to a business, whether it is concerning aesthetics or the business design and plan, often times create dynamic changes to the area. Those changes can directly influence a host of livability issues (traffic, noise, loitering, social behaviors, etc.) Those same changes can also directly affect safety services in regard to the number and type of involvement. We also rely heavily on community input and use the 1999-2000 community survey which measured the community's perception on a myriad of alcohol issues. That survey, for example, revealed that 80% of the respondents perceived underage alcohol consumption as either somewhat of a problem or a major problem. Further, nearly 60% of the respondents believed there were either too many bars (30.3%) or just the right amount (29.5%). Only 9.7% believed there were not enough bars in the city. 64% of the respondents believed there is a high relationship between alcohol consumption and violent crime. At a time when other services and recreational outlets are limited and declining (no movie theaters, no bowling alleys, only one "brand name" chain supermarket, etc.) the addition of an alcohol (distilled spirits) outlet seems contrary to the best interests of the particular neighborhood in question and the city overall. The Department is also aware of the practice of applicants who request a CUP for something less than their overall final intent, only to come back a short time later to seek a modification. Practices such as this cause us to ponder the motives of the applicants and can influence the overall perception of the business from a management standpoint. In addition to the aforementioned points and concerns, The Department also bases it opposition upon the three following areas: 1. Over -saturation issue for the area. 2. No showing of public convenience or necessity. 3. Lack of time since the first granting of the CUP to establish a notable history of a well managed, violation free establishment. Respectfully, L. Brent Roark No. between fee► Vti, - r t' tG and erCv e S r tIC, f COMBINED GENERAL PLAN/ZONING DESIGNATION ((- NATIONAL CITY, CALIFORNIA APPLICATION for MODJFICATION OF A �✓✓ Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM /IFFOR DEPARTMENT 0 Case Number UU1) Filing Fee $ 34 ° KA Receipt No. Date Received I'31 ub By AAst\AtW E.A.F. Required NO Fee $ N Related Cases — ( I LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) f) j f) 0-mil -77 l (`•fi L s (> ' // t7ti\ PROPERTY LOCATION Mt" S i/ti?'f At 7/0v(gj L' fty (�!? - 9: l V- Street Conditional Use/Planned Development/Planned Unit Development Permit Modification Application Revised December, 1998 Page 1of4 APPLICANT Name: ?". `1JNA . 0 - Q. "/vf l GH (Please type or print) Signature: . ignatul�e certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: ) 06 nA-7-tOAl QI t', C)4 .61 &J, Phone No. ( (QM) 4-7 7' %g Fax No. ( /0 4-71 Date: �� 4[42 Conditional Use/Planned Development/Planned Unit Development Permit Modification Application Revised December, 1998 .Page 3 of 4 1?6'S Traditional 6 Asian fusion Cuisine Ben's 1615 Restaurant is looking for approval to upgrade to Liquor License for our full service Fine Dinning Restaurant. This license will allow us to serve indoors only between the hours of 11 am-2pm and 5pm-10pm seven days a week and during our KaraokeBar service from Wednesdays thru Saturdays between the hours of 8pm-l2am. We will also offer on special occasions, fire musical entertainment ( Piano, Solo artist, Violinist, etc.). 1015 Sweetwater Rd. Ste. A St_ K, National Cite, CA 91950 Tel. No. 619.47-}.981 1 Fax No. 019.474.2211 ns I 6 1 5.c ont 5 r CERTIFIED LIST I certify that the attached document is a complete list of all property owners and their mailing addresses, within 660 feet of the exterior boundaries of the property described in the application case file number CA.4., -01tS-n 6 - This list was taken from the latest adopted S Di: _; ounty Tax Roll maintained in the office of the San Diego County Tax Assessor on Signature Date I certify that the attached document is a complete list of all occupants and their site address, within 660 feet of the exterior boundaries of the property described in the application case file number This list was compiled in the following manner: (note how the list was created) Signature Date CERTIFICATION OF NOTIFICATION TO RESIDENTS, BUSINESS OWNERS WITHIN 660 FEET OF THE SITE AND ORGANIZATIONS/INDIVIDUALS OF COMMUNITY MEETING I certify that I have sent notice of the required community meeting for the proposal to all residents/occupants and business owners within 660 feet of the exterior boundaries of the property described in the application case file number C cam - 6 -1. Z Signature Date ti.:0144-4 3.AC: -.1ZE'4ULCOg 1 10, -.1;) 1 z v 000Z/EVE :ZING ii-qmz-aaa-tvi :ON nu aSVI V MEW °Idaa ONININVid Ain 1VNO1LVM fp 11 _ID ID D± DINING ROOM COLD D WAITER STATION ISTING REST ROCM rrrr-1-1.7 n a /_ / \ / \ / \ PREPARTION POT SINK / DISHWASHING DRY STORAGEif A-1-1 0 ,9 ii Fit.k--iw City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 26 ITEM TITLE Public Hearing — APPLICATION TO VACATE THE SOUTHERN PORTION OF EAST 15TH STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF K.IMBALL PARK AND THE ALLEY VACATION SOUTH OF EAST 15TH STREET, NORTH OF EAST 16T11 STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF KIMBALL PARK. Applicant: Willmark Communities, Inc. Case File No.: SC 2006-3 PREPARED BY DEPARTMENT David Parsons Community Development Commission CDC Project Manager EXPLANATION The City Council initiated a Street and Alley Vacation at its' June 20, 2006 meeting. The Planning Commission considered this item at its' July 17, 2006 meeting and determined the proposed street and alley vacation was not in conformance with the National City General Plan (Resolution No. 23-2006 — see attached findings). The City Council took public testimony on August 22, 2006 regarding the proposed street and alley vacations in connection with the proposed Park Lofts residential development. Environmental Review N/A - Exempt. Financial Statement Not applicable. Account No. STAFF RECOMMENDATION Conduct public hearing. BOARD / COMMISSION RECOMMENDATION On July 17, 2006, the Planning Commission found that the proposed street and alley vacation were not in conformance with the National City General Plan. Ayes: Baca, Flores & Reynolds Noes: DeLa Paz Absent: Alvarado & Pruitt Abstain: Carrillo ATTACHMENTS 1. Legal Description & Plat Map 2. Agency & Depailnuental Comments 3. Application 4. Resolution 23-2006 & Staff Report (Planning Commission) 5. Public Hearing Notice L A-200 (9/80) 1-4,'XIII/3IT A. EX 15' STREET VACATION LOCK 19 18 1/ vg=K16 14 ��.. 3 Cq 3� Attachment 1 B LOCK 2 PREVIOUSLY "A" AVENUE EGEND DENOTES AREA OF 15TH STREET AND ALLEY, TO BE VACATED V/A LEGAL DESCRIPTION FOR ALLEY VACATION ALL OF THE UNNAMED ALLEY BOUNDED BY THE SOUTHERLY LINE OF 15TH STREET AND THE NORTHERLY LINE OF 16TH STREET IN BLOCK 1 OF SUBDIVISION OF 10 ACRE LOT 8 IN QUARTER SECTION 154 IN RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 552, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 2, 1888 AND RECORD OF SURVEY MAP NO 15443 RECORDED FEBRUARY 28, 1997 IN BOOK OF SURVEY MAPS AT PAGE 15443, FILE NO. 97-0091435 LEGAL DESCRIPTION FOR STREET VACATION OVER A PORTION OF 15TH STREET IN THE CITY OF NATIONAL CITY THE SOUTHERLY 40.00 FEET OF 15TH STREET BOUNDED ON THE WEST BY THE EASTERLY LINE OF NATIONAL CITY BOULEVARD AND ON THE EAST BY THE CENTERLINE OF "A" AVENUE (CLOSED) ACCORDING TO MAP THEREOF NO 552, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 2, 1888 AND RECORD OF SURVEY MAP NO 15443 RECORDED FEBRUARY 28, 1997 IN BOOK OF SURVEY MAPS AT PAGE 15443, FILE NO. 97-0091435 ua arw V!-U(-ZUUb 2 (2 Attachment 2 Sempra Energy utility` July 7, 2006 City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Attn: Raymond Pe, AICP Re: Your Case File No.: SC-2006-3 Property Location: Portion of 15th St. between National City Boulevard and Kimball Park and alley between 15th and 16td streets This letter is in response to your request to comment on any conflicts San Diego Gas & Electric Company might have regarding the project mentioned above. SDG&E currently has existing facilities in the area proposed to be vacated. When processing this, please place a reservation for our facilities in the closing resolution. Please provide this office with a copy of the Final Closing Resolution. Should you have any questions, please contact me at (858) 637-7989. Thank you. Respectfully, Colleen Fino Land Assistant Land Services 07/07/2006 FRT 10:34 [.rnR NO. 76F2.1 MR( Page 1 of 1 Ray Pe From: John Webster Sent: Friday, July 07, 2006 12:00 PM To: Ray Pe Cc: Lin Wurbs; 'Mike Daney'; 'Morgan Square District'; 'Carolyn Kruse' Subject: Case File # SC-2006-3 Street & Alley closure. Importance: High Ray, The current request for Street & Alley closure does not appear to effect existing NCT or MTS routes. I would recommend contacting Mike Daney (see below) for his evaluation as well. The current proposals do not change my intial recommendations that I sent on April 20th, 2006 (see bold below) regarding this project. John Previous project comments via email sent 4/20/06 "The following are National City Transit recommendations for this project as this project is expected to have a high transit impact and increased passenger service. 1. Evaluate the installation of a new bus stop along NC Blvd near the intersection of 14th Street (Library) or other nearby locations with a shelter, benches, route map and trash containers. This shelter should include an electrical lighting component and at least two (2) CCTV security cameras with a direct feed to NCPD. 2. Include this this stop (and project) in any evaluation of a Green Car -Community circulator shuttle operation such as under consideration with Revolution R2 (Constellation Property Group) S-2006- 6/DSP-2005-1 & Centro (Constellation Property Group) S-2006-6/DSP-2005-1 3. The developer should bear all associated costs to implement any Transit recommendations. 4. Submit the plans to MTS Planner Mike Daney ( mike.daney sdmts.com) for his review and comments. As General Manager of NCT as well as a member of the NC Chamber of Commerce Executive Board and Board of Directors of Morgan Square (PBID) I am extremely excited about this and other similar projects and the very positive impact they will have on our Community. If you need any additional information or assistance please do not hesitate to let me know." 7/ 10/2006 Chairman Nick Inzunza Members Ron Morrison Louie Natividad Frank Parra Rosalie Zarate Executive Director Chris Zapata Preserving HistoryShaping the Future Community Development Commission of National City Date: July 5, 2006 From: Raymond Pe, AICP Redevelopment Projects Manager IO ill Pf\C_r t f<:M✓ L..,t iE lt'NlS. wit_ ! r `4 d'ffti,e-- Subject: Street Closure — Portion of 15th Street between National City Boulevard and Kimball Park and alley between 156 and 16th Streets. Case File No: SC-2006-3 The applicant is requesting a street and alley closure in order to develop a mixed -use project and pedestrian promenade to Kimball Park. The application is attached for your review. Please submit any comments, recommendations, and conditions for approval as soon as possible, but no later than July 20, 2006. Please sign below and return this notice. If you have any questions, please call (619) 336-4421 or email: rpe@ci.national-city.ca.us. Thank you. fi[i Ete tit v t. Reviewed by: Date1? t Commission ❑ No Comments cc: Building and Safety Department Community Services Department Engineering Department Fire Department Planning Department Police Department Public Works Department National City Library National City Transit - or - ❑ Comments Attached City Manager/Executive Director Cox Communications EDCO Disposal National School District Pacific Bell/SBC SDG&E/Sempra Energy Sweetwater Authority Sweetwater Union Iligh School District Ultronics, Inc. 1243 National City Boulevard, National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org July 17, 2006 GOVERNING BOARD W.D. "BUD" POCKLINGTON, CHAIR R. MITCHEL BEAUCHAMP, VICE CHAIR JAMES C. ALKIRE JAMES "JIM" DOUD RON MORRISON MARY SALAS MARGARET COOK WELSH DENNIS A. BOSTAD GENERAL MANAGER MARK N. ROGERS OPERATIONS MANAGER Mr. Raymond Pe Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950 Subject: PROPOSED VACATION OF A PORTION OF 15TH STREET BETWEEN NATIONAL CITY BOULEVARD AND KIMBALL PARK, AND THE ALLEY BETWEEN 15TH AND 16TH STREETS, NATIONAL CITY SWA GEN FILE: VACATIONS Dear Mr. Pe: Sweetwater Authority (Authority) has no facilities within the area of the proposed street vacation. Therefore, the Authority has no objection to the proposed street vacation. If you have any questions, please contact Mr. Russell Collins at (619) 409-6754. Sincerely, SWEETWATER AUTHORITY ector Martinez Engineering Manager HM:RC:ss I:\engr\Gen\Vacations\Corresp\15th & Alley\Ltr - Proposed Vacation - 7-17-06.doc A Public Water Agency Serving National City, Chula Vista and Surrounding Areas July 19, 2006 To: Raymond Pe Redevelopment Project Manager From: Anne Campbell Y'je`" City Librarian Subject: Street Closure- Portion of 15th Street between National City Blvd and Kimball Park At the Library Board of Trustees regular meeting on July 12, 2006, the Library Board discussed the proposed street closure and asked that I provide the following comments. The National City Public Library Board of Trustees is opposed to the proposed street closure. The discussion included the following concerns and questions: 1.Impact on safety of library users and library parking. Currently the Library parking lot has an entrance/exit on National City Blvd. and one on 15th Street. The two entrance/exits are needed for library operations and safe navigation for library users. 2. Impact on available on -street parking. The parking on 15th Street is used by library users when the library parking lot is full. The proposed street closure decreases the amount of off-street parking available. 3. Impact on deliveries and trash collection. The 15th Street entrance/exit is needed for large delivery vehicles and trash trucks to safely navigate the parking lot, without compromise to the safety of library users. 4. Impact on chiller maintenance. The 15th street entrance/exit is used to access the Library's chiller unit. Access would be restricted if 15th Street is closed. 5. With the proposed 15th Street closure, there will be no vehicle access to tennis/basketball courts. Those using park amenities will use library parking, decreasing available parking for library users. Additional questions: Who would pay for engineering to determine best course of action? If open a second opening on National City Blvd- who will pay for it? Is it safe to design two entries within such close proximity? If open another entry on National City Blvd., then further loss of parkingspaces- unless close opening on 15th. Do we need the opening on 15th for emergency access? David Parsons From: Lauren Lauletta Sent: Thursday, July 20, 2006 8:57 AM To: David Parsons Subject: Park Loft Projects Good Morning Dave - Leslie asked that I email you about concems I have heard for the Park Loft Projects. In our Neighborhood Council meeting last night a few residents and Friends of the Library members voiced their concern about the scope of the project and the closure of the street that will eliminate one of the entrances to the parking lot. Lauren D. Lauletta Neighborhood Council Specialist City of National City 140 East 12th Street, Suite B National City, CA 91950 (619) 336-4289 (619) 336-4292 fax i CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: July 24, 2006 TO: Raymond Pe, AICP FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Street Closure. Case File No: SC-2006-3 Please note our following comments and recommendations: 1) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 2) Emergency access must be maintained. Proposed width of 25 feet is acceptable with a minimum vertical clearance of 13 feet 6 inches. Corners are to have a minimum radius of 28 feet including Cul-De-Sac. Cul-De-Sac to be a minimum of 90 feet. 3) Emergency access to be provided through the project. 4) Clear and easily accessible, emergency ingress and egress to and throughout the facility must be provided and maintained. Please note that the above items are based off of a preliminary review of plans submitted. Additional requirements may be necessary upon submission of a complete set of plans for permit review. 5159 Federal Boulevard San Diego, California 92105-5486 (619) 263.9251 cow COMMUNICATIONS July 26, 2006 National City California Raymond Pe, AICP 1243 National City Blvd., National City, CA 91950 Re: Street Closure — Portion of 15th Street between National City Boulevard and Kimball Park and alley between 15th and 16th Street. Case File No. SC-2006-3 Dear Raymond: As per your request as to whether Cox Communications, Inc., has an interest in the above vacation. Cox Communications, has no conflicts with the proposed vacation. If you have any questions, or need any additional information, please give me a call at (619) 266-5206 or e-mail at glenna.taylor@cox.com. Seerely, Glenna Taylor Right of Way Agent II City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR 15TH STREET EAST OF NATIONAL CITY BOULEVARD AND ALLEY SOUTH OF 15TH STREET AND ALLEY CLOSURE Date: July 27, 2006 To: Raymond Pe, Community Development Commission From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kir a,, ep lcpatrik, City Engineer Subject: 15`h STREET EAST OF NATIONAL CITY AND ALLEY SOUTH OF 15TH STREET AND ALLEY CLOSURE In addition to the prior sent letter dated April 17, 2006, the following shall also be required: 1. There are sewer lines and a drainage system on the street and on a portion of the property. No building encroachment will be allowed upon those lines. Easement dedications for the sewer and drainage pipes shall be required on the map if the City Council approves the street and alley closure. 2. Street improvements drawings are required showing all relocated sewer and drainage pipes if closure is approved. Plan shall include new street improvements for the proposed street closure. 3. All street improvements installation shall be the responsibility of the developer, if closure is approved. AJL: 15d, The proposed street and alley closure will be approved by the City Council prior to the final map approval. ® Recycled Paper Attachment 3 NATIONAL CITY, CALIFORNIA STREET or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number S C - $ r70 (o — 3 Filing Fee $ Receipt No. SA/3 t Date Received 01l4 (oC By M44tTVJ E.A.F. Required -eS Fee $ NIA? Related Cases NOTE: Streets, alleys, or portions thereof may only be vacatedupon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. Please consider my request for the vacation of portion of l5th Street and alley located between 1 5th and 1 6f h • SYYPPI'F and as more particularly shown and described on drawing of area to be vacated, prepared by Rick Vandervort, architect dated 3/03/Q6 , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) SRA ATTACHMENT Title Examination Report obtained by Applicant. Street or Alley Vacation Request Application Revised December, 1998 Page I of 2 date 4/17/06 (attach copy) PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Paradi ldin. Corp Name: Signature (Signature a 3' ow dges that t is applicati s is being filed) Signature (Signature acknowledges that this application is being filed) Address: c/o John L. Smaha Address: 7860 Mission Center Court #100 San Diego CA 92108 Phone No. (619 ). 688-1557 Fax No. (619) 688-1558 Date: 6/19/06 APPLICANT Phone No. Fax No. Date: Signature: 4f4l (Signatu .\ ertif s that the information submitted with this application is tru and accurate to the best of the applicant's knowledge). Address: c/o John L. Smaha 7860 Mission Center Court #100 San Diego CA 92108 Phone No. (619) 688-1557 Fax No. (619) 688-1558 Date: 6/19/06 Street or Alley Vacation Request Application Revised December, 1998 Page 2 of 2 ATTACHMENT TO STREET OR ALLEY VACATION REQUEST Vacation of alley way is necessary for a single block development tentatively referred to as Park Lofts at Library Village. Portion of street to be vacated is also necessary to provide adequate building space FAR and a Pedestrian Paseo to Kimball park. The increase in size of the buildable lot is necessary to counteract in part problems associated with a very low 8' to 11' water table at the site. Because of the low water table this site cannot accommodate subterranean parking and highrise features on an economically feasible basis. Instead the developer is proposing more traditional wood framed construction with building heights in the 65' range. This application is made in conjunction with consistency review DSP-2006-1. More details are available from a review of the total project. The street vacation and construction of a Pedestrian Paseo will enhance the entry way to Kimball Park from the various projects in Library Village. Fifteenth Street at Kimball park is currently a dead end street with its terminus at Kimball park. Currently development is contemplated for the four full blocks adjacent to and across from the library. All of these projects contemplate mixed use retail and residential with a heavy emphasis on residential. The integration of the pedestrian paseo will require some modification to library parking and circulation. A second entryway will possibly be required. Although designated pedestrian the Pedestrian Paseo will be designed to accommodate emergency vehicle access and library deliveries. The current alley way services multiple businesses located on the site. The new development contemplates a full block development making the alley way unnecessary. Building structures are also proposed to be built on the majority of the alley's present location. Enclosed with the application is a drawing depicting the area to be vacated and a preliminary title report. A legal description of 15' Street and the alley way is referenced as Parcel 2. The original map depicting the same is referenced as Subdivision National Ranch, Map 552 filed July 2, 1888. A westerly portion of 15' Street was previously vacated March 20, 1959, as document No. 55832, book 7560, page 215. WASCHMIDTWationalCity\I33street or alloy vacation request AiTACHMENT.wpd Attachment 4 RESOLUTION NO. 23-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, REPORTING TO THE CITY COUNCIL THAT THE PROPOSED VACATION OF THE SOUTHERN PORTION OF 15TH STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF KIMBALL PARK AND THE ALLEY SOUTH OF 15TH STREET, NORTH OF 16TH STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF KIMBALL PARK IS NOT IN CONFORMANCE WITH THE GENERAL PLAN APPLICANT: John Smaha, Willmark Communities, Inc CASE FILE NO. SC 2006 3 WHEREAS, the Planning Commission of the City of National City considered a Street and Alley vacation application to close the southern portion of 15th Street, east of National City Boulevard and west of Kimball Park and the Alley south of 15th Street, north of 16th Street, east of National City Boulevard and West of Kimball Park at the meeting held on July 17, 2006 at which time the Planning Commission took testimony and deliberated whether the proposed street vacation conformed with the General Plan; and, WHEREAS, Willmark Communities, Inc., the Applicant, proposes to vacate the southern portion of 15th Street, east of National City Boulevard and west of Kimball Park, and leave the remainder of 15th Street as public right-of-way so that it could become a pedestrian walkway; and, WHEREAS, the Applicant owns the parcels on the south side of the proposed East 15th Street vacation and the parcels on either side of the proposed alley vacation, and the City of National City owns the parcels on the north side of East 15th Street as part of the National City Library; and, WHEREAS, fourteen (14) on -street parking spaces on 15th Street and thirteen (13) off-street parking spaces beyond the end of 15th Street near the Kimball Park basketball parks would be eliminated as part of the proposed street vacation; and, WHEREAS, the Applicant seeks to vacate this portion of East 15th Street and the alley in order to facilitate a proposed mixed -use project (DSP-2006-01) consisting of three buildings (A, B & C) with a total of approximately 306 residential units, 3,800 square feet of commercial space, and 334 parking spaces; and, WHEREAS, the largest building, Building A, would occupy two-thirds of the site and include all of the frontage along National City Boulevard and most of the frontage along 16th Street. This building would consist of 255 residential units (110 one -bedroom; 85 one -bedroom plus den; 60 two -bedroom) on five levels above two levels of parking, with a building height of 65-feet. Commercial lease area would be located along National City Boulevard and at the corner of 16th Street. One driveway entrance to the parking levels would be provided along 16th Street; and, WHEREAS, the second-largest building, Building B, would be physically separated from Building A and would be located along the eastem project boundary adjacent to Kimball Park. This building would consist of 45 residential units (15 one -bedroom; 30 two -bedroom) on four levels with a building height of 40-feet; and, WHEREAS, the smallest building, Building C, would consist of six two -bedroom units along the east side of Building A, above one garage level. Buildings B and C would be separated by a driveway with access to 16th Street; and, WHEREAS, one element of the proposed project includes establishing a pedestrian promenade along the remaining (north side) 15th Street right-of-way through applicant funded improvements and which would allow emergency and City service vehicles access to Kimball Park; and, WHEREAS, the proposed street vacation and pedestrian promenade would eliminate the vehicular entry to the National City Library from 15th Street, but would leave intact vehicular entry access to the Library on National City Boulevard; and, WHEREAS, the National City Street Vacation Procedures were revised in January 2006, these revised procedures require the Planning Commission to consider and report to the City Council whether the proposed street vacations is in conformance with the adopted General Plan; and, WHEREAS, concerns were raised about eliminating vehicle access to the parking area near the basketball courts and baseball fields at Kimball Park; and WHEREAS, concems were raised about removing the on -street parking abutting the Library on 15th Street reducing the supply of parking available to users of the Library; and, WHEREAS, concerns were raised about traffic safety because the vehicular access to the Library would be solely on National City Boulevard; and, WHEREAS, concerns were raised about pedestrian safety in the Library parking lot and National City Boulevard, should a second driveway be installed on National City Boulevard to allow vehicular access to the Library; and, WHEREAS, at said meeting(s) the Planning Commission considered the staff report contained in Case File No. SC 2006-3, which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the proposed street and alley vacation in Case File No. SC 2006-3 is determined not to be in conformance with the City of National City General Plan. BE IT FURTHER RESOLVED that the proposed vacation is not consistent with the General Plan policy language promoting that standards to improve the structural integrity, design, siting, parking, signage, landscaping and other amenities of both new and existing.development will be implemented to support compatibility with adjacent land uses and strengthening of the overall business environment. BE IT FURTHER RESOLVED that the proposed vacation is not in conformance with the General Plan policy that all transportation planning will recognize the priority for protecting the quality of life in National City's neighborhoods, and for minimizing any impact on schools, hospitals rest homes and other sensitive facilities. BE IT FURTHER RESOLVED that the proposed vacation is not in conformance with the General Plan policy to maintain adequate Library facilities and services. BE IT FURTHER RESOLVED that the proposed vacation is not in conformance with the Downtown National City Specific Plan (which is intended to implement the General Plan) general guideline recommendation that this site be incorporated into the Civic Center/Kimball Park complex and redeveloped for public use with perhaps a residential component. BE IT FURTHER RESOLVED that the proposed vacation is not in conformance with the Downtown National City Specific Plan Design Guideline to avoid conflicts with pedestrian traffic by minimizing the width and number of curb cuts on main streets. BE IT FURTHER RESOLVED that the proposed vacation is not in conformance with the Downtown National City Specific Plan exhibits depicting 15`h Street in this location with a full width and providing a connection to Kimball Park. BE IT FURTHER RESOLVED that the proposed vacation is not in conformance with the Downtown National City Specific Plan Design Guideline to use alleys or side streets for automobile access to parking structures, where possible, and that the use of alleys for parking access must be balanced with the other customary functions of the alleys, including service, utility, and loading/unloading areas. BE IT FURTHER RESOLVED that copies of this Resolution and the Staff Report be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 7, 2006, by the following vote: AYES: Baca, Flores, Reynolds NAYS: DeLaPaz ABSENT: Pruitt, Alvarado ABSTAIN: Carrillo (rY4i,cto,„, CHAIRWOMAN Title: Item no. 3 July 17, 2006 PLANNING COMMISSION STAFF REPORT REVIEW OF STREET VACATION FOR THE CLOSING OF THAT PORTION OF 15T' STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF KIMBALL PARK AND THE ALLEY SOUTH OF 15TH STREET, NORTH OF 16TH STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF KIMBALL PARK FOR CONSISTENCY WITH THE GENERAL PLAN Case File No.: SC-2006-3 Location: 1500 Block Fast 15th Street Assessor's Parcel No.: 560-100-05, 06, 07 & 08 Staff report by: David Parsons, CDC Project Manager Applicant: John Smaha, Willmark Communities, Inc Plans prepared by: Rick Vandervort, Architect. Combined General Plan/ Zoning designation: Downtown Specific Plan ("DSP") Area — Development Zone 13 on southern portion of the proposed Fast 15th Street vacation and the entire alley vacation along with a Development Zone 15 on the northern portion of the proposed East 15th Street vacation Street Vacation Area: Approximately 11,600 square feet Alley Vacation Area: Approximately 5,000 square feet Adjacent land use/zoning East 15th Street: North: National City Public Library (parking lot) / DSP 15 East: Kimball Park (Baseball Fields & Basketball Courts) / DSP 15 South: Automobile Repair & Storage / DSP 13 West: National City Boulevard (Right-of-way) / DSP 12 Page 1 of 4 Adjacent land use/zoning Alley: North: Fast 15th Street (Right-of-way) / DSP 13 East: Automobile Storage / DSP 13 South: East 16th Street (Right-of-way) / DSP 13 West: Automobile Repair & Sales / DSP 13 BACKGROUND Site Characteristics The area involved is the one -block portion of East 15th Street that lies between National City Boulevard and Kimball Park. The Fast 15th Street portion of the street includes two lanes, is 290 feet long and 40 feet wide, and includes approximately 11,600 square feet. The street is improved in this area, including curb, gutter, and sidewalks. Vehicular access is available to it from National City Boulevard. The alley portion of the proposed vacation is 250 feet long and 20 feet wide and includes approximately 5,000 square feet. The alley is paved in this area with vehicular access available from East 15th Street to the north and East 16t to the south. The Applicant owns the parcels on the south side of the proposed Fast 15th Street vacation and all the parcels on either side of the proposed alley vacation. The City of National City owns the parcels on the north side of Past 15th Street as part of the public library facility. However, the application does not propose to vacate the north side of East 15th Street due to this area remaining as public right-of-way. The three structures now existing in the area of the proposed Fast 15th Street vacation include; the National City Public Library at the northeast corner of National City Boulevard and Fast 15th Street, the California Auto Detailing/Smog Guys building at the southeast corner of National City Boulevard and East 15th Street, along with an office trailer for a automobile storage operation at the southwest corner of East 15th Street and A Avenue. The six structures now existing in the area of the proposed alley vacation include; a series of four connected automobile repair and sales buildings beginning at the southeast corner of National City Boulevard and East 15th Street extending south to the northeast corner of East 16th Street and National City Boulevard. The east side of the proposed alley vacation contains two office trailers for automobile storage operations, one at the southwest corner of East 15th Street and A Avenue and the other at the northwest comer of East 16th and A Avenue. Proposed Use The applicant is requesting to vacate this portion of East 15th Street and the alley in order to facilitate a proposed mixed -use project consisting of three buildings (A, B & C) with a total of 306 residential units, 3,800 square feet of commercial space, and 334 parking spaces. The applicant proposes to demolish all of the existing structures on the 1.93-acre site (e.g. automobile repair and sales buildings and office trailers and construct the mixed -use project, Park Lofts. Page 2 of 4 The largest building, Building A, would occupy two-thirds of the site and include all of the frontage along National City Boulevard and most of the frontage along 16th Street. This building would consist of 255 residential units (110 one -bedroom; 85 one -bedroom plus den; 60 two -bedroom) on five levels above two levels of parking, with a building height of 65-feet. Commercial lease area would be located along National City Boulevard and at the corner of 16a` Street. One driveway entrance to the parking levels would be provided along 16a' Street. The second-largest building, Building B, would be physically separated from Building A and would be located along the eastern project boundary adjacent to Kimball Park. This building would consist of 45 residential units (15 one -bedroom; 30 two -bedroom) on four levels with a building height of 40-feet. The smallest building, Building C, would consist of six two -bedroom units along the east side of Building A, above one garage level. Buildings B and C would be separated by a driveway with access to 16`h Street. Project amenities would include a resident common area, a pool, and cabana. One element of the proposed project includes establishing a pedestrian promenade along the remaining (north side) East 15th Street right-of-way through various improvements, while retaining emergency and City service vehicle access to Kimball Park. The applicant further proposes improvements to the National City Boulevard side of the National City Public Library parking lot to maintain an efficient traffic pattern in the parking lot. Analysis The National City Street Vacation Procedures were recently revised in January 2006. The revised Procedures now require the Planning Commission to consider the conformity of the proposed vacation with the City's adopted General Plan. The Procedures then require the City Council to hold a public hearing considering the request and also make certain legal findings previously made by Planning Commission in order to either approve or deny the vacation. Consequently, City Council initiated the requested Street Vacation at their June 20, 2006 meeting and scheduled a public hearing to discuss the item on their August 15, 2006 agenda. The City's Circulation Element of the General Plan does not identify the proposed portion of East 15`a Street or the alley as an important transportation network component, so the only potential need for the street is to serve as access to those properties adjacent to it. If vacated, the ownership would revert to the abutting property owners and as noted above, it currently only serves as secondary access to National City Public Library, Kimball Park and automobile servicing related properties. As future primary access to these sites will continue to be provided from National City Boulevard (National City Public Library), East 16" Street (Park Lofts), there does not appear to be any future substantial public need for use of the street. The street will also be upgraded and remain available for pedestrians to pass through the site. City service vehicles and emergency vehicles will also retain access through this area of the site, as requested by the City Fire Marshal and Parks Department. Thus, vacating the section of East 15th Street between National City Boulevard and A Avenue and the alley between East 15th and 16th Streets is consistent with the City's General Plan. The Community Development Commission will conduct environmental review for the associated mixed -use project (DSP-2006-1) including the closure of the alley and this portion (southern) of East 15th Street. Page 3 of 4 RECOMMENDATION 1. Determine that the Street Vacation as described on the attached plans is in compliance with the National City General Plan, as it is not identified in the General Plan as an important transportation network component, pedestrian and emergency vehicle access will be maintained, and properties abutting the street in consideration will have access to both private and public streets. 2. Determine that the Street Vacation as described on the attached plans is not in compliance with the National City General Plan, based on Findings to be determined by the Planning Commission. ATTACHMENTS 1. Applicant's Plans (Exhibit A, Case File No. SC-2006-3, dated 3/30/2006) 2. Departmental and Agency Comments 3. Application (pages 1 & 2) and Project Description DAVID PARSONS CDC -Project Manager PATRICIA BEARD Redevelopment Manager Page 4 of 4 NOTICE OF " PUBLIC HEARING NOTICE OF REQUEST FOR STREET AND ALLEY VACATION FOR THE CLOSING OF THE SOUTHERLY PORTION OF EAST 15TH STREET, EAST OF NATIONAL BOULEVARD AND WEST OF A AVENUE/KIMBALL PARK AND ADJACENT ALLEY SOUTH OF EAST 15TH STREET, NORTH OF EAST 16TH STREET, BETWEEN NATIONAL CITY BOULEVARD AND A AVENUE/KIMBALL PARK CASE FILE NO.: SC-2006-3 NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m. Tuesday, August 22, 2006, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed project. (Applicant: Willmark Communities, Inc.). Any person interested in this matter may appear at the above time and place and be heard. The City Council will consider the project identified above pursuant to the provisions of California Street and Highway Code, Section 8320. A copy of the staff report, which contains the plat map and legal description, is available for review at the National City Community Development Commission ("CDC"), 1243 National City Boulevard, National City, California 91950. Members of the public are invited to comment. Written comments should be received by the National City Community Development Commission between August 8, 2006 — August 22, 2006 on or before 6:00 p.m. Contact CDC Project Manager, David Parsons at (619) 336-4297 if you have questions. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised during the public review period described in this notice. MIGHAEL DALrLA City Clerk City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. (ITEM TITLE 27 Resolution — TO DENY THE APPLICATION TO VACATE THE SOUTHERN PORTION OF EAST 15TH STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF KIMBALL PARK AND THE ALLEY VACATION SOUTH OF EAST 15TH STREET, NORTH OF EAST 16TH STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF KIMBALL PARK. Applicant: Willmark Communities, Inc. Case File No.: SC 2006-3 PREPARED BY 00000" David Parsons CDC Project Manager DEPARTMENT Community Development Commission EXPLANATION The City Council initiated a Street and Alley Vacation at its' June 20, 2006 meeting. The Planning Commission considered this item at its' July 17, 2006 meeting and determined the proposed street and alley vacation was not in conformance with the National City General Plan (Resolution No. 23-2006 — see attached findings). Environmental Review N/A - Exempt. Financial Statement Not applicable. Account No. STAFF RECOMMENDATION Uphold the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission determined that the street and alley vacation would not be consistent with the General Plan. 'ATTACHMENTS 1. Resolution A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING THE APPLICATION TO VACATE THE SOUTHERN PORTION OF EAST 15TH STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF KIMBALL PARK, AND THE ALLEY VACATION SOUTH OF EAST 15TH STREET, NORTH OF EAST 16TH STREET, EAST OF NATIONAL CITY BOULEVARD AND WEST OF KIMBALL PARK CASE FILE NO. SC 2006-3 WHEREAS, at the meeting held on August 22, 2006, the City Council considered a Street and Alley Vacation Application to close the southern portion of 15th Street, east of National"City Boulevard and west of Kimball Park, and the alley south of 15th Street, north of 16th Street, east of National City Boulevard and west of Kimball Park, at which time the City Council took testimony and deliberated whether the proposed street vacation conformed with the General Plan; and WHEREAS, the Planning Commission, at their meeting held on July 17, 2006, considered a Street and Alley Vacation Application to close the southern portion of 15th Street, east of National City Boulevard and west of Kimball Park, and the Alley south of 15th Street, north of 16th Street, east of National City Boulevard and West of Kimball Park, at which time the Planning Commission took testimony and deliberated whether the proposed street vacation conformed with the General Plan; and WHEREAS, the Planning Commission, at their meeting held on July 17, 2006, adopted Resolution No. 23-2006, which reported that the proposed street vacation did not conform with both the General Plan and Downtown Specific Plan; and WHEREAS, concerns were raised about eliminating vehicle access to the parking area near the basketball courts and baseball fields at Kimball Park; and WHEREAS, concems were raised about removing the on -street parking abutting the Library on 15th Street reducing the supply of parking available to users of the Library; and WHEREAS, concems were raised about traffic safety because the vehicular access to the Library would be solely on National City Boulevard; and WHEREAS, concerns were raised about pedestrian safety in the Library parking lot and National City Boulevard, should a second driveway be installed on National City Boulevard to allow vehicular access to the Library; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that 15th Street is necessary for present or prospective use. Resolution No. 2006 — August 22, 2006 Page 2 BE IT FURTHER RESOLVED that the City Council denies the application to vacate the southern portion of East 15th Street, east of National City Boulevard and west of Kimball Park, and the Alley Vacation south of East 15th Street, north of East 16th Street, east of National City Boulevard and west of Kimball Park. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 28 ITEM TITLE Request to Initiate a Street Vacation for the Closing of those Portion of 6th Street and 7th Street, west from Euclid Avenue for approximately 292-feet (Applicant: Thomas Leeman, Franklin Croft, Inc.) (Case file no. SC-2006-4) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION Franklin Croft, Inc. has submitted applications proposing to develop multi -family residential housing on an approximately 5.35-acre site west of the Euclid Avenue (see attached location map). The site is located along V Avenue, between 6th and 8th Avenue, and is within the City's Private -Institutional (IP) Zone. As their plan for the residential project includes property adjacent to these portions of 6th and 7th Streets and their proposal is designed to gain primary access from V Avenue, they have submitted the attached application to vacate that one -block portion of each of these streets. They also state that the Paradise Valley Hospital properties along Euclid Avenue that are currently being served by the streets will continue to have access from Euclid Avenue through private drives. The first step in the City Street Vacation process is for the City Council to initiate the requested vacation proceedings and direct the City Clerk to schedule a date to hold a public hearing at such time that the project can be brought forward for review. If you choose to initiate the Street Vacation, the Council will be presented with a full report and analysis by Planning Department staff, as well as a Planning Commission recommendation, at the future scheduled Public Hearing. Additionally, the applicant's full development proposal (including the necessary Planned Development Permit, Tentative Subdivision Map, environmental review, and a full set of plans) would also be considered at that time. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the attached street vacation be initiated and that Council direct the City Clerk to set the public hearing date at such time that the project can be brought forward for review BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application 2. Location Map Resolution No. 3. Applicant's Plans (Exhibit A) J A-200 (9/99) iPStreet Vacation Requ To City of National City, REFERENCE: Street Vacation request submitted by Franklin Croft Inc. for the benefit of Amicare, Inc., Valley View Sanitarium and Rest Home and Paradise Valley Hospital. Please consider our request for the vacation for the portions of 6th Street and 7th Street that are located between the Valley View Sanitarium and Rest Home and Euclid Avenue as described on the attached exhibits. REASON FOR REQUEST: We are requesting that both 6th Street and 7th Street be vacated for the portion of the streets that He between Euclid Avenue and the newly proposed Tentative Map and Planned Development for Valley View Homes. We are making this request for several reasons. 1) Not Through Streets - Upon completion of the new map these streets will no longer be necessary to serve the project since ingress and egress to the site will be taken from V Avenue. Currently the street portions to be vacated are dead ends which do not provide any through access across the Valley View Homes project site. 2) Street Access Retained - Approximately 50% of the street area proposed to be vacated will continue to function as currently designed with the medical office buildings owned by Paradise Valley Hospital continuing to take access to their parking lots as currently engineered. The eastern portions of 6`h and r Streets also will continue to provide access for fire, police and other emergency services. Naturally, utility access easements will remain as well. 3) Less Hazardous — By redirecting access to the newly planned development from Euclid Avenue to V Avenue, traffic to and from the site will be less hazardous given the pace, volume of traffic and sight lines on Euclid. 4) Greater Functionality — The newly proposed tentative map has been engineered in a mariner as to improve circulation and functionality of the site based on the proposed street vacations. Careful thought has been put into the planning of the site based on the street vacations as requested. Applicant, Franklin Croft Inc. \\\\11 w u n n u t m nt/e '.ce�L NATIONAL CITY, CALIFORNIA ll,ttlt1111).11'1��� ///llluuoumnu111\\\\\\\ STREET or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE O Y Case Number X -c2O ply - Filing Fee $ lD 5(t)3 - Receeii No. Date Received IQADICto By lX�-�'k urJ¢'t. E.A.F. Required Fee $ Related Cases NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. t'lease consider my request for the vacation of located between Euclid and project site and described on drawing of area to be vacated, prepared by 6th Street and 7th Street and as more particularly shown Project Design Consultants dated March 79 , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) Sep Attached Title Examination Report obtained by See Attached date Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 (attach copy) 04/26/2006 16:22 8584 16 FRANKLIN CR0 PAGE 04 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Alan B. Soderblom, President/CEO Name: Paradise Valley Hospital Name: Signature Signature (Signatur acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 2400 E. 4th Street Address: National City, CA 91950 Phone No. (619) 470-4127 Phone No. Fax No. (619) 470-4289 Fax No. Date: Date: APPLICANT Name: Franklin croft Inc., a Californ.,a Corporation (Please type or print) Roger ,�o selati ,, CEO Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 7855 Fay Ave., Ste. 300, La Jolla, CA 92037 Phone No. 8 5 8.4 5 4.218 8 Fax No. 858.454.2216 Date: y • 2 4, ,0 Ce Street or Alley Vacation Request Application Revised December, 1998 Page 2 of 2 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: Phone No. Fax No. Date: APPLICANT Phone No. Fax No. Date: Name: Franklin croft Inc., a Californ'. Corporation (Please type or print) Roger ,A , CEO Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 7855 Fay Ave., Ste. 300, La Jolla, CA 92037 Phone No. 858.454.2188 Fax No. 858 . 454 . 2216 Date: 2 Street or Alley Vacation Request Application Revised December, 1998 Page 2 of 2 Apr 27 06 01:31p Nic Chen d668893817 p.2 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: 141 elk Signature (Signature acknowledges that this application is being filed) • Name: Signature (Signature acknowledges that this application is being filed) Address: 2.3b6 L • .161..ag_ Address: o-x 1"i7 Pay.A.NOC lc14 s7 Phone No. (Stg - a41- VC," Phone No. Fax No. &tl -24 !� `7014 Fax No. Date: It • z?- - 06' Date: APPLICANT Name: (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Phone No. Fax No. Date: Street or Alley Vacation Request Application Revised December, 1998 Page2of2 PROPOSED STREET VACATION AREA PROPOSED PROJECT AREA 2400 LOCATION MAP Street Vacation for portions of 6th and 7th Streets west of Euclid Avenue SC-2006-4 NATIONAL CITY PLANNING DRN. DATE: 8/07/06 INITIAL HEARING: 8/22/06 CITY OF NATIONAL CITY STREET VACATI O N \ 2 \ \ — \ \ r,� 1 z � z \\ - \ — . \,1/% C \ r \ N \ 411-/\? \J \ I \ 2;; \ \ \ �� \ \ \ r I \ ' I‹ \' JO \ \ \ \ a \ \ \ \ \ \ \ \ 1 \ N1742'38"W \ 60.00' SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION: BEING A PORTION OF MAP 1730 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 MAY 10, 1922 AS INSTRUMENT NO. 14518 OF OFFICIAL RECORDS. LEGEND: ( ) INDICATES RECORD DATA PER MAP 1730 INDICATES STREET VACATION 1 OWNER: ADDRESS: PHONE NO. SIGNATURE MAP PREPARED BY: RONALD E. ROTH, P.L.S. 5506 DATE REGISTRATION EXPIRES 9/30/2006 APPROVALS: PLANNING DEP. ENGINEERING DEP. BY: BY. DA TE: DA7E: PROJECTDES GN CONNULTANTIS PLANNING • ENVIRONMENTAL • ENGINEERING • SURVEY/GPS 701 B Street, Suite 800, San Diego, CA 92101 619-235-6471 FAX 619-234-0349 T Temp_CAD\RONALD\STREET—VACA_PLAT.dwg Mar 29, 2006 CITY OF NATIONAL CITY STREET VACATION 1 \ 2 \ , \..._'---- \ \ c Cf.% \ c) \ \ \ \ 10 \ \Z. cn \ \ \ \ \ N17'42'381W\ \ 60.00' \ \ .°V \ \ \ \ -r'(\ \ s , 9 r \ \--110 \ s \ C3 y- 'p \ \ $ \ \ \ `J v m "o \ \\ 2 \\ \ \ '�^ r�a'y \ \ �\ \ 1 \ 13 \ 0 \ 1° \ 1-1 \ -12 \ \ SHEET 2 OF 2 SHEETS;: N17'41'551W 60.00' LEGEND; ( ) INDICATES RECORD DATA PER MAP 1730 Q INDICATES STREET VACATION Pitcac 'Dp zoN afiSULTANTS PLANNING • ENVIRONMENTAL • ENGINEERLNG • SURVEY/GPS 701 D Street, Suite 800, San Dfego, CA 92101 619-235-6471 FAX 619-234-0749 7. \Temp_CAD\RONALD\STREET—VACA_PLATdwg Mar 29, 2006 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 29 AGENDA ITEM NO. /ITEM TITLE Project Status - Conversion of the Old Library Building to an Art Center in 1 National City pREPARED BY Din Daneshfar EXPLANATION DEPARTMENT See attached explanation. Engineering EXT. 4387 ( Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION 1 Review project status and direct the staff. I MIS Approval BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) Resolution No. A-200 (Rev. 7/03) RE: Project Status - Conversion of the old Library Building to an Art Center in National City Background On January 18, 2005, an agreement was approved between Reyes Architect and the City of National City to provide preliminary architectural and engineering services for the proposed Art Center (Phase 1) project in National City. The first phase of the project included review of the existing plans, evaluation of the current building conditions, and coordination with the city staff. In addition, the Consultant participated in outreach and workshop events, provided presentations, collected the results, and provided a final report of the findings. On June 21, 2005, the last workshop was held before the City Council and the final findings were presented. In this workshop, five cost alternatives were presented for five different building improvement scenarios. The City Council unanimously made a motion and approved the first cost alternative. The first cost alternative included the "must do items" and met the available funding amount. The project would upgrade the existing building conditions and provide basic improvements. On August 2, 2005, the City Council awarded another contract to Reyes Architect, Inc., to perform the second phase of the project. The second phase included the design and development of the plans, specifications, and cost estimates for the "must do" work which consisted of the basic improvements and the necessary features for the potential future expansion. The contract also included the supporting services during the bidding process and construction period. During the design phase (2nd phase) when the Proposition B did not pass the first time in November the work was put on hold due to the financial difficulties that the City was facing. Project Status The current status of the project can be outlined as follows: Phase 1 (completed): Prepared master plan and design graphics, presented various power point presentations, and prepared electronic base sheets from existing drawings for construction documents. Phase 2 (70% complete): Completed the conceptual visualization, schematic design, and design development. The preparation of the construction documents has been partially completed (55%). This phase will also include the supporting services during the bidding process and construction period. Phase 3 (Not completed): This phase (Bid, award, and construction) will be done after the plans and specifications are final. 1 The purpose of this agenda item is to provide the City Council members a presentation on the status of the project. The Consultant is here tonight to provide the City Council with the presentation summarizing the current project status and the plan how to complete the phase two. Financial Currently, the available budget for the project is $1,350,000 (+/-) through the Community Development Commission. 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. as ITEM TITLE Report to the City Council on a staff proposal to phase the repairs for the Playhouse on Plaza and request for the City Council to designate funds for the project. PREPARED BY Kathleen Trees EXPLANATION The Playhouse on Plaza was purchased by the CDC in May 2005. In May of 2006 the City Council was presented with the "Due Diligence Report' prepared by the Cornerstone Building Group which listed all of the deficiencies of the building and a cost analysis of the repairs. Repairs were estimated to cost $640,000. Due to budget concerns, staff has further reviewed the recommendations for the purpose of reducing costs and is proposing a plan of phasing the repairs in such a way that the City can do the repairs necessary to occupy the building and then phase in the other repairs as money becomes available. Attached is the staff report which outlines the phasing proposal. In addition, a funding source has not been determined. Should the Council wish to continue with this project, money must be allocated. The City Manager's office has identified as a potential source of funds, the reallocation of the funds currently designated for the Council chamber remodel. A total of $265,509 is needed for the 1st two phases of the project. Once the funding has been identified and the level of repair approved by the City Council staff will prepare an RFQ for architectural services. The architect will then prepare plans and specifications for bidding. DEPARTMENT City Manager /2(1 Environmental Review X N/A Financial Statement Approved By: Finance Director Funds have not been identified for this project. Staff is proposing that $265,509 in funds for the City Council remodel, which is on hold, be reallocated to this project Account No. STAFF RECOMMENDATION Staff recommends that the City Council approve the phasing of the project and to include the life safety items and ADA upgrades as in the first phase and direct the City Manager to designate funds for the project. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff report Cornerstone "Due Diligence Report" A-200 (9/99) Staff Report The "Due Diligence Report" prepared by the Cornerstone Building Group provided the City with recommendations to upgrade the Playhouse on Plaza in order to meet the current building code requirements and the industry standard of care. In addition, the study provided the City with a rough order of magnitude (ROM) estimate for the recommendations in the study. Per the study, the cost to complete all of the recommendations is estimated at $640,000. Due to budget considerations staff reviewed the report to determine what must be done per the building code before the building can be occupied and what could potentially be postponed to a later date. The Califomia Building Code does not require that a building be brought up to code unless there is a change of use which changes the occupancy classification of the building toa higher occupancy classification. A permit was issued to the Lamb's Players in 1978 to convert the building to a theater. At the time the permit was issued the building met all code requirements. The use of the building has not changed since the permit was issued. The Playhouse will remain as a theater and the occupancy classification of A2 will remain unchanged. In addition, there is currently no proposal for remodeling the building, therefore per the California Building Code at this time there is not a requirement to upgrade to current code. The building code, however, does require that the building be maintained and all life safety issues be corrected. The building must also meet current ADA requirements per Federal law. With a goal of getting the Playhouse ready for occupancy, the recommendations in the report have been divided into phases. These phases include 1) life safety upgrades, 2) liability upgrades, 3) comfort upgrades, 4) maintenance and 5) seismic upgrades. Staff is recommending that all life safety and liability upgrades be done immediately so the building can be occupied and that all others be scheduled as CIP projects for a later date as funds become available. Below is look at each of these issues and the staffs recommendation. Life Safety The life safety upgrades are those problems which will affect the life and safety of the occupants of the building. These items must be completed before the playhouse can be occupied by anyone. Staff is recommending that all of these items be done as soon as possible at a total cost of $141,688 plus 10% for General Contractor O&P ($14,168), architectural services ($45,000) and 10% contingency ($20,085) for a total of $220,941. These include: • Repair of the broken roof truss ($36,000). Failure to repair the truss will endanger the lives of the occupants. • Replace the black iron pipe on the roof ($7,013). Failure to repair the pipe may result in a fire which could endanger the occupants and destroy the building. • Perform all electrical upgrades ($27,475). Electrical deficiencies can result in a fire that could endanger the occupants and destroy the building. • Install a fire sprinkler system ($71,200). The fire sprinkler system is required by the code and must be installed before the building can be occupied. It will ensure that all occupants of the building remain safe in the event of a fire. Liability Liability issues include those items which could cause a law suit. The building could be occupied before the items are complete, however the City would leave itself open to litigation. Staff is recommending that these items be done at the same time as the life safety items at a total cost of $37,206 plus 10% for General Contractor O&P ($3,720) and 10% contingency ($4,092) for a total of $45,018. These include: • Install ADA restrooms ($6,706) • Title 24 ADA upgrades ($7,500) • ADA path of travel ($8,000) • Asbestos abatement (ceiling) ($14,100) • New condensate drain ($900). The condensate is currently draining into the storm drain which is a violation of the stormwater act. Comfort Comfort upgrades include those items which will make the playhouse more enjoyable for the occupants. These items involve the HVAC system. The HVAC system is old and in need of replacement, however it does still work, but not efficiently. The code does not require that the HVAC system be replaced when changing occupants. The HVAC is in poor condition and should be replaced when funds become available. The total cost of upgrading the HVAC system is estimated to be $28,300 plus 10% for General Contractor O&P ($2,830) and 10% contingency ($3,113) for a total of $34,243 and includes the following items: • New AC unit ($15,400) • HVAC rezone ($7,250) • Diffusers and grills ($2,500) • New ductwork ($3,150) Maintenance Performing maintenance on the playhouse will protect the investment of the City. These items include some small repair items as well as the termite repair and a new roof. These items should be put on the maintenance schedule of the City's facilities and should be done when appropriate. The total cost of these items is $100,253 plus 10% for General Contractor O&P ($10,025) and 10% contingency ($11,027) for a total of $121,305 and includes the following items: • New roof ($44,370). The roof is considered to be in poor condition. • Termite repair ($22,418) • Restripe parking lot ($2,000) • Slurry seal parking lot ($10,000) • Replace asbestos floor tile ($9,000) • Install roof ladder ($1,650) • Demo wall heater ($75) • Install floor drain in restroom ($2,450) • Install vent at janitor's sink ($700) • Install a new water heater ($3,400) • Replace rear access stairs ($4,190) Seismic Upgrades The California Building Code does not require the City to upgrade the seismic elements of the building after a change of occupancy. The structure is a single story wood frame structure over a basement. This type of structure has performed well in previous earthquakes; however, to preserve the investment the City has made, these repairs should be added to the CIP list to be done at the earliest possible time. The total cost of the seismic upgrades is ($105,886) plus 10% for General Contractor O&P ($10,586) and 10% contingency ($11,647) for a total of $128,119. This includes: • Install shear walls ($45,806) • Install holdowns ($3,900) • New stucco ($56,160) CORIYERSTOPI1 Building Oro�yp 22 February 2006 Ms. Angela Nazareno Project Manager Community Development Commission City of National City 140 E. 12th Street, Suite B National City, CA 91950 RE: Due Diligence Report Playhouse on the Plaza 500 E. Plaza Blvd. National City, CA 91950-3426 Dear Ms. Nazareno: - In accordance with your request, Comerstone Budding Group (CBG) is pleased to provide you with this Due Diligence Report for the Playhouse on the Plaza building located in National City, Califomia. The primary purpose of our study was to provide the City of National City with recommendations to make the structure more functional and in compliance with applicable building code requirements. Please note that our study did not include an architectural review to enhance the aesthetics of the building and subject property. CBG retained the services of Flores Lund Consultants, Salehi & Salehi, Turpin & Rattan Engineering, and Air & Building Sciences to assist in our Due Diligence study. Our investigation included a structural, mechanical, plumbing, electrical, and civic review of the building and subject property. Samples of on site building materials were collected and analyzed for the presence of asbestos and lead -based paint. The Due Diligence reports for the respective disciplines are enclosed. Our consultants provided written recommendations to upgrade the structure in order to meet current building code requirements and industry standard of care. CBG reviewed these recommendations and subsequently prepared rough order of magnitude (ROM) estimates for the associated costs of each recommendation. We hope that the information provided in this Due Diligence Report will assist the City of National City in evaluating the overall condition of the Playhouse on the Plaza building from a construction and economic standpoint. 3590 Kettner Blvd. San Diego, CA 92101 Office (619) 296-5784 Fax (619) 296-6508 CA Lic.4 812183 Due Diligence Report Playhouse on the Plaza National City, CA Page 2 Please do not hesitate to call us at 619.296.5784 (office) or 619.241.5574 (mobile) if you have any questions. Respectfully submitted, CORNERSTONE BUILDING GROUP Bayani Abueg, P.E. Sr. Project Manager Attachments: • Rough Order of Magnitude (Rom) Estimate • Structural Report prepared by Flores Lund Consultants dated 2/14/06 • Mechanical & Plumbing Report prepared by Salehi & Salehi dated 2/7/06 • Electrical Report prepared by Turpin & Rattan Engineering dated 2/7/06 • Civil Report prepared by Flores Lund Consultants • Asbestos & Lead Report prepared by Air & Building Sciences dated 1/30/06 • Termite and Dry -Rot Report prepared by Kennedy Pest Control dated 2/3/06 • Roofing Report prepared by Premier Roofing dated 2/17/06 • As -Built Drawings (12 Sheets) cc: Rick Osgood (CEO) Mike Najera (President) Mark Franko (Sr. Estimator) Descr( n Structural: Unk Rate Amour vpuon wz - rcepair root truss with steel plates 4,500 SF Replace roof sheathing and install new roof. ' 4,500 SF 8.00 9.86 ` Add shear walls to exterior walls and common wall. 4,140 SF 11.06 4. Install new holdowns. 30 EA 130.00 Remove and replace rear access stairs. 1 EA 4,190.00 Repair exterior stucco. 4,680 SF 12.00 Subtotal: Mechanical & Ptumhinn• g, • ..,r........ro,. ,.x u, I ya* pipe. 85 LF 82.50 Replace water heater 1 LS 3,400.00 Install ADA restrooms 2 EA 3,352.96 Install new floor drains. 2 EA 1,225.00 Install vent at janitor's sink. 1 LS 700.00 Install new condensate. 1 „ LS 900.00 Replace ductwork. 225 LF 14.00 Rezoning HVAC system. 1 LS 7,250.00 Replace diffusers and grills. 20 EA 125.00 Replace existing AC unit with 10-ton AC unit. 1 EA 15,400.00 Demo wall heater. 1 EA 75.00 Title 24 upgrades. 1 LS 7,500.00 install roof ladder. 1 EA 1,650.00 Electrical: Install Ground Rod Subtotal: 3 5 3, 4,1 56,1 ,42 7,01 3, 6,7 2, 70(3 900 3,15Q 7,2 2,500 15,400 75 7,500 1,650 58,69 Raise Service Drop LS 250.00 Update Switchboard Directory Install S/Board Bklank Offs Demo Shrubs/Main Switchboard Cover Unused Knockouts Remove Remote Meter Can Support Conduit to Booth Relocate Stage Dimmer Panel Short Circuit Study Relocate Panelboard Fasten Transformer Grounding for Transformer Replace Missing Conduit Covers Remove X-Mas Lighting R&R Coverplates 1 LS LS LS LS LS LS LS LS LS LS LS 2,500.00 50.00 100.00 100.00 100.00 200.00 500.00 1,000.00 750.00 1,000.00 250.00 250 2,500 50 100 100 100 200 500 1,000 750 1,000 Relocate Recepticals @ Counter Replace Flexible Cables @ Stage Hard Wire Exhaust Fan Remove Exposed Cable @ Lights Install Recepticals @ Power Strip Install Exterior GFCI Recepticals Install Emergeny Exterior Lighting Install Low Level Exit Signs Replace Non -working Exit Si ns Replace Exterior Photocell Install Wire Guards on Lights LS LS LS LS LS LS LS LS LS LS LS LS 250.00 250.00 50.00 250.00 750.00 7,500.00 125.00 2, 000.00 750.00 500.00 1,500.00 1,500.00 LS LS 2,500 00 250.00 LS 500.00 250 250 250 50 250 750 7,500 125 2,000 750 500 1,500 1,500 2,500 250 500 Date: 3/1/2006 nru. r-_.• Description Qty Unit Rate Ami:atj_" Install Egress Lighting 1 LS 1,500.00 1- a-,`; Seal All Wall Penetrations 1 LS 500.00 Install Fire Alarm System 1 LS - Subtotal Fire Sprinkler: . Install fire sprinkler system 5,200 SF 11.00 57, T Underground fire service (backflow preventer, FDC, PIV) 1 LS 10,000.00 10, i + °` Fire service connection at E. Plaza Blvd. 1 LS 4 000.00 4, s Subtotal: 71 Civil: ADA path of travel study 1 LS 2,000.00 2, 9 / 9 Grading for ADA accessility 1 LS 2,500.00 2; a_ Modify existing ramps 1 LS 3,500.00 3, 9: `;; Slurry seal parking lot 1 " LS 10,000.00 10./1 Restripe parking lot 1 LS 2,000.00 ,II d, t Subtotal: 20 , , Asbestos Abatement: Remove and replace acoustical ceiling 1,000 SF 14.10 14,100, Remove and replace floor tile 1,000 SF 9.00 9,000 Subtotal: 23,100 - Termites: Remove drywood termites 11 EA 670.00 7,3i Remove drywood termite damage at exterior 10 EA 670.00 6,70%. Remove fungus/dryrot in doors, jams, threshold 4 EA 1,205.00 4,820 Fumigation 1 LS 3,528.00 3,528 Subtotal: 22,418 General Conditions (Superintendent Project Mgr.) 5 MO 15,000.00 • 75,000 Subtotal: 75,000 Subtotal: 488,312 General Contractor O&P @ 10% 48,831 Architectural & Engineering Services 45,000 Subtotal: 582,144 Contingency @ 10% 58,214 Rough Order of Magnitude (ROM) Estimate for Due Diligence Work $640,358 Please note that our ROM estimates does include costs for the following items: 1. Architectural enhancements to structure or subject property. 2. Provisions for increasing number of parking spaces. 3. New retaining walls which may be required to increase parking spaces. 'lam. GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Structural # 1 Estimator: Mark F CORNERSTONE Building Croup Data: 16-Feb-06 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL LABOR LABOR MTRL MTRL EQUIP EQUIP SUB SUB LINE DESCRIPTION OTY UNIT COST COST COST COST COT -COST COST COST COST ' ITEM#7.1 - _ - - - - Roof Truss Repair Option # 1 (Replace Trusses with Glulam Beams)- _ Remove HVAC/Electrical 4,500 SF 5.00 22,500.00 - •22,500.00 Demo Roof/Plywood 0 SF 0.65 - - 0.21 - Demo Trusses 4,500 SF 2,00 9,000.00'• 0.50 2,250.00 - 11,250.00 Install new glu-lam beams 4,500 SF 0.92 4,140.00 5.99 26,955.00 -0.25 1,125.00 - 32,220.00 Install plywood 0 SF 2.00 - 2.00 Reinstall HVAC/Electrical 4,500 SF 5.00 22,500.00 1.00 4,500.00 - - 27,000.00 Install new roof 0 SF - - - 5.00 -- - Protection while roof is removed 0 SF 0.75 - 0.50 • - Fall protection 1 LS 400.00 400.00 250.00 250.00 650.00 93,620.00 Option # 2 (Repair trusses) - Repair existing roof trusses 4,500 SF 4.00. 18,000.00 4.00 18,000.00 - . 36,000.00 -_ ITEM # 7.2 - - Diagonal Roof Sheathing - $ption # 1 emo Roof/Plywood 4,500 SF 0.65 2,925.00 0..21 945.00 - 3,870.00 ?nslall plywood 4,500 SF 2.00 9,000.00 2.00 9,000.00 - 18,000.00 Install new roof 4,500 SF - - 5.00 22,500.00 22,500.00 - - 44,370.00 Option # 2 (Same Cost as Option #1) -- - • Option # 3 _ - _ _ Not cost effective. Item # 7.3 - Shear Wall System - - - Demo Drywall 4140 SF 0.55 2,277.00 0.50 2,070.00 0.35 1,449.00 5,796.00 Install Plywood shear wall 4140 SF 4.50 18,630.00 4.50 18,630.00 - 37,260.00 Misc 1 LS _ 1,750.00 1,750.00 1,000.00 1,000.00 - - 2,750.00 - 45,806.00 SUBTOTAL 111,122.00 78,335.00 6,390.00 23,949.00 Date: 2/22/2006 Page 1 Fib: Rough Older Of Magnitude E Sha tSfrudural1 GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Pla ouse on Plaza SECTION: Structural # 2 DESCRIPTION TEM # 7.4 loldown System Demo Wall QTY UNIT UNIT LABOR COST TOTAL. Estimator: Mark F LABOR COST coRriniEtRi2ri. Date: 15-Feb-06 UNIT MTRL COST TOTAL MTRL COST uRir EQUIP COST TOTAL EQUIP COST -UNIT SUB COST TOTAL SUB COST TOTAL UNE COST nstall holdown 'atch wall 30 EA 30 EA 30 EA 30.00 90.00 50.00 TEM # 7.5 loar Access Stairs 900.00 900.00 1,500.00 10.00 10.00 300.00 300.00 • 900.00 1,200.00 1.800.00 3,900.00 Jemo Stairs nstall new s airs TEM # 7.6 1 1 EA EA 1 040,00 1,040.00 150.00 150.00 3,000.00 3,000.00 tepalr Stucco >erno Stucco (see Ha7ard Mat) 'atch Stucco TEM # 7.7 1,190.00 3,000.00 4,199.00 4,680 SF 4,680 SF • 3.00 9.00 14,040.00 42,120.00 ermite Damage (see Termite) 14,040.00 42,120.00 58 160.00 1./BTOTAL 4,340.00 Date: 2/21/200f 600.00 150.00 59,160.00 Page 2 RINK Rough Ordior OrtMeNI998'. 84,250.00 DESCRIPTION ITEM # 1 Re.lace Black Iron Gas PI Demolition nstall (includes welder and helpe ITEM # 2 Re lace Water Heater Demolition New Wale TEM Enclosure Heater 30 .al elec I #3 ADA Restrooms Demolition Toilets Sinks Vanities Partitions Toilet Accessories TEM nciudes nstall Floor Demolition Install Floor Repair Floor TEM floor) Drains Drains Finish Vent at Janitor's Demolition New Vent TEM A/C Condensate Demolition Install TEM Re New Condensate ace Ductwork Demolition New Duct SUB TO TAB Date, 2121(2006 GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Mechan cal h Plumbin 4 EA 2 EA 2 EA 2 EA 2 EA 1 LS EA EA EA UNIT LABOR COST 800.00 1,200.00 500.00 100.00 301.90 350.00 200.00 228.60 100.00 400.00 200.00 400.00 200.00 400.00 400.00 #1 TOTAL 425,00 4 802.50 800.00 1,200.00 500.00 400.00 603.80 700.00 400.00 457.20 100.00 800.00 400.00 800.00 200.00 400.00 400.00 875.00 15,363.50 Estimator: Mark F 400.00 500.00 533.36 410.52 323.25 630.33 250.00 50.00 100.00 100.00 850.00 400.00 500.00 1,066.72 821.04 646.50 1,260.66 250.00 100.00 200.00 100.00 100.00 1 125,00 7,419.92 Pagel EQUIP CORl`IERU2NE 6411d1np group Date: 16•Feb-06 EQUIP LINE COS 785.00 8 247.50 7,012.50 800.00 1,800.00 1,000,00 400.00 1 670.52 1,521.04 1,048.50 1,717.86 350.00 6,705.92 950.00 200.00 500.00 700.00 900.00 2,250.00 3,150.00 11,31842 GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Mechanical & Plumbing # 2 Estimator: Mark F CORNERSTONE b Udlnp p,oup Date: 18•Feb-08 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL DESCRIPTION LABOR LABOR MTRL MTRL EQUIP EQUIP SUB — SUB LINE QTY UNIT COST COST COST COST COST COST OAST OOST COST ITEM#8 Re -Zoning A/C Re 3,250.00 -Zoning A/C Patching 1 LS 2,500.00 2,500,00 750.00 750.00 - at Ceilings 20 EA 150.00 3,000.00 50.00 1,000.00 - 4,000 00 • - - 7,250.00 ITEM#9 . - Replace . - - Dlffusers/Grills Demolition - Install 10 EA 50.00 500.00 - 500.00 New Diffusers/Grills 20 EA 50.00 1,000.00 50.00 1,000.00 - - 2,00000 - - - - 2,500.00 ITEM - - - #10 Air Circulation - - - - - - (this item will be corrected with #v5,#7,#8#9,#11) - - - - ITEM - - # 11 Replace - - A/C Unit Demolition - Install 1 EA 2,400.00 2,400,00 1,000.00 1,000.00 3,400.00 10 Ton A/C lJnit 1 EA 4;000.00 4,000.00 7,000.00 7,000.00 1,000.00 1,000.00 - 12,000.00 - - 15,400.00 ITEM # - - - • 12 Demolish - - Wall Heater • Demolish Wall Heater (cap off) 1 EA 75.00 75.00 - - - 75,00 ' - _ - 75.00 - - - - - ITEM#13 -- Title 24 Upgrades - - Title 24 Upgrades 1 EA 5,000.00 5,000.00 2,500.00 2,500.00 • - 7,500.00 - . - - 7,500.00 - ITEM#14 - - - Roof Ladder - Install Roof Ladder 1 EA 400.00 400.00 1 000.00 1,000.00 250.00 250.00 - 1,850.00 - - . - — 1,050.00 ITEM#15 .4 Not Appicabie - - - - 18,875,00 j 13,250.00 1 2,250.00 Page 2 34,3i5.°O Fdi: RbupllOldie OrM iidS ilTiQe3 iq ;+,, GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Pla SECTION: ElecrIcal CC) R.1%1 Sultellna Group UNIT 16-Feb-06 TOTAL UNIT TOTAL UNIT TOTAL UNIT DESCRIPTION LABOR LABOR MTRL MTRL EQUIP EQUIP SUB TOTAL TOTAL QTY UNIT COST COST COST COST COST COST COST SUB LINE RECCOMENDAT1ONS COST COST Install Ground Rod - • • Raise Service Drop Update Switchboard Directory 1 LS _ - • 250.00 - 1 LS - - 2,500.00 250.00 250.00 nstall SlBoard Bklank Offs 1 LS - . . . • 60.00 2 500.00 2,500.00 50.00 Demo Shrubs/Main Switchboard 1 LS 100.00.. 50.00 Cover Unused K kouts 1 LS - . - 100.00 100.00 Remove Remote Meter Can 1 LS - - 100.00 100.00 100.00 Support Conduit to Booth 1 LS - - - 100.00 100.00 100.00 Relocate Stage Dimmer Panel 1 LS - - - 200.00 200.00 200.00 Short Circuit Study 1 1 LS - • - 500.00 1,000.00 500.00 500.00 Relocate Panelboard 1 LS - - - 750.00 1,000.00 1,000.00 Fasten Transformer LS - • - 1,000.00 750.00 750.00 Grounding for Trans -former 1 1 LS - - - - 250.00 1,000.00 1,000.00 Replace Missing Conduit Covers LS - . - 250.00 250.00 250.00 Remove X-Mas Lighting 1 LS - - - 250.00 250.00 250.00 R&R C,overplates 1 LS - - - 50.00 250.00 250.00 Relocate Recepticals © Counter 1 LS - - 250.00 50.00 50.00 Replace Flexible Cables © Stage Hard Wire Exhaust Fan 1 LS . • - 750.00 .250.00 '750.00 250.00 1 LS - • 750,00 Remove Exposed Cable © Lights 1 LS - . _ 7,500.00 7,500.00 7,500.00 Install Recepticals © Power Strips 1 LS - . - - 125.00 2,000.00 125.00 125.00 Install Exterior GFCI Recepticals 1 LS - - 750.00 2,000.00 750.00 2,000.00 Install Emergeny Exterior Lighting 1 LS - - 500.00 500.00 750.00 Install Low Level Exit Signs 1 LS _ - - 1,500.00 1,500.00 500.00 Replace Non -working Exit Signs 1 LS - - 1,500.00 . 1 500.00 Replace Exterior Photocell 1 LS - - - 2,500.00 1,500.00 2;500.00 1,00.00 Install Wire Guards on Lights 1 LS - - - 250.00 250.00 2,500.00 Install Egress Lighting 1 LS - - - 500.00 500.00 250.00 Seal All Wall Penetrations 1 LS . - - 1,500.00 1,500.00 500.00 1 LS - • • - 500.00 500.00 1,500.00 Fire Alarm System . . . 500.00 1 LS - - - - 40,000.00 40,000.00 40,000.00 . . . . . . . . . . . - . 3BTOTAL - -U . 67,225.00 G7,475.00 • „pale'. 2/21/2006 Page 1 FiletReselfacderef " .; , GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Playhouse on Plaza SECTION: Fire Sprinkler Estimator: Bavani • v..w. „-ro1TV0 DESCRIPTIONLABOR UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL LABOR MTRL MTRL EQUIP EQUIP .ZINIT SUS TOTAL QTY UNIT COST COST COST COST COST COST COST SUB COST LINE Fire COST Sprinkler System 5,200 SF 5.00 26 000.00 5.00 26,000.00 1.60 5,204100 Underground Fire Service 57,200.00 1 LS. 5,000.00 5,000.00 5,000.00 5,000.00 - - - 10,000.00 4,000.00 Connect fire serve at E. Plaza Blvd 1 LS 2,000.00 2,000.00 2,000.00 2,000.00 SUBTOTAL 7,000.00 7,000.00 71,200.00 4,0 Date: 2/21120. Page 1 File: Rough Order Of Magrd udarta resie Fira.Swink* GENERAL CONSICItOCTION ESTIMATE SHEET PROJECT: Playhose on Plaza SECTION: Hazardous Materlals • uele: 15-FebW6 UNIT TOTAL UNIT TOTAL UNIT TOTAL ' UNTr TOTAL TOTAL DESCRIPTION QTY UNIT LABOR 'COST LABOR MTRL ' MTRL EQUIP EQUIP SUB SUB = COST COST COST COST COST CAST COST LINE ITEM # 1 COST Remove Acoustic Ceiling nstall Acosstic Ceifinq 1,000 SF 11.00 1,000 SF 1,10 1,100.00 2.00 2,000.00 _ 11,000.09 11,000.00 3,100.00 Stucco Demolition (for others) - _ - 14,100.00 Stucco Replacement 0 00 SF 3 SF - - - 0,00 - - Floor Demolition for others) Floor Replacement 1000 SF• - - 5.00 1000 SF - - 5,000.00 . 5,000.00 - - - 4,00 4,000.00 4,000.00 - 9,000.00 SUBTOTAL 1,100.00 2,000.00 20,000.00 23,100.00 Date:. 006 06. h Cider QtM .. ; . eprNpagO'EetNaelib'"�Hal�'fti>7fL .A(MW6 (t.) GENERAL CONSTRUCTION ESTIMATE SHEET PROJECT: Pia ous_za _ SECTION. Termite # 1 DESCRIPTION QUANT UNIT COST C T !tern 2A Demolition Re • acement item 2 Demolition Re • lecement Item 3A Demolition Re acement ttem 4A 'This iterr, is addressed hazardous materials consultant) urnigeti on SUBTOTAL Date. Estimator Mark F 11 EA 260.00 2 860.00 11 EA 260.00 2 860.00 150.00 1 650.00 10 EA 260.00 2,600.00 10 EA 260.00 2,800.00 150.00 1,500,00 4 EA 195.00 780.00 4 EA 260.00 1,040.00 750,00 3,000.00 12,740.00 6,150.00 c caRrinitsi2rts Date. 16-Feb-06 c 2 860.0 4 510.00 ,3 O. 0 00 . . nom 4,. 820 3,528.00 22,418.00 some stucco repair some stucco repair new doors/frames Fife: RooeW0tderOrMiiii0e0 DUE DILIGENCE REPORT FOR PLAYHOUSE ON PLAZA IN NATIONAL CITY PREPARED FOR: CORNERSTONE BUILDING GROUP 3590 Kettner Boulevard San Diego, CA 92101 PREPARED BY: FLORES LUND CONSULTANTS 7220 TRADE STREET, SUITE 120 SAN DIEGO, CALIFORNIA 92121 (858) 566-0626 FAX: (858) 566-0627 DATE: February 14, 2006 PROJECT NO.: 06019 • Playhouse on Plaza in National City Due Diligence Report TABLE OF CONTENTS SECTION SUBJECT PAGE 1. FOREWORD 2 2. EXECUTIVE SUMMARY 3 3 PREFACE 4 �1 RESOURCE DOCUMENTS 5 5. EXISTING STRUCTURAL CONDITIONS .. 6-7 6. LIFE SAFETY CODE CONSIDERATIONS 8 7. EVALUATION AND RECOMMENDATIONS 9-10 8. LIMITATIONS AND UNIFORMITY OF CONDITIONS I 1 9. PHOTOGRAPHS 12-14 I Playhouse on Plaza in National City Due Diligence Report SECTION 1 - FOREWORD This report was prepared to evaluate the. overall condition of the existing building. A review, evaluation and assessment of this nature does not result in a single scientific answer. Rather, the findings and recommendations are based on visual observation, experience and judgment without the benefit of an in-depth structural analysis. As a result, other structural engineers may reach different assessments and recommendations. This report was prepared by Raymond H. Flores, a practicing Structural Engineer of Flores Lund Consultants whose career started in the mid 1960's. Mr. Flores has performed earthquake hazard study services for the G.S.A., United States Navy, UCSD, San Diego City Schools, San Diego State University, Children's Hospital, and various private entities. Many of the studies have progressed to commissions for construction drawings and aiding with construction support services. 9 Playhouse on Plaza in National City Due Diligence Report SECTION 2 - EXECUTIVE SUMMARY The purpose of this report was to review the existing building condition in order to identify the basic structural condition of the existing building and to identify any limitations for future alterations to the building. In order to accomplish this task, we performed two limited site reviews and reviewed the available construction drawings for the existing building. The existing construction was evaluated and compared to modem current construction standards and design criteria. In general it is our opinion that the buildings are in good structural conditions. The following is a summary of our review comments and recommendations for the mitigation of our concerns: 1. The most obvious issue is the existing truss repair condition. We have assessed the repair to be incomplete since it is not continuous within itself and does not contain over distressed portions of the truss. This is the prime issue to be repaired. 2. In general, the original building contains either deficient or undersized roof diaphragms and shear wall systems. Particularly, given the fact that the local seismic zone has increased after these buildings were designed. We have provided several recommendations from adding new diaphragms and shear walls. 3. The rear access stairs are compromised due to corrosion and should be replaced in the near future. 4. There are two front and rear large vertical stucco separations cracks which allow moisture intrusion and should be repaired in a timely manner as normal maintenance repair work. Careful attention should be given to the introduction of the expansion joint and the water proofing detailing. 5. The building contains several random locations where termite damage occurs. A termite specialist should be consulted in order to provide their recommendations. Since this building is of wood framed construction therefore there is a great deal of flexibility for modifying the structure to accommodate different architectural alterations. Playhouse on Plaza in National City Due Diligence Report SECTION 3- PREFACE The purpose of this report was to review the existing building condition in order to identify the basic structural condition of the existing building and to provide recommendations to any structural concems. In order to accomplish our charge we performed the following: 3.1 We performed two separate non-destructive site reviews. Each review focused on identifying any structural distress. 3.2 Once we received the as -built drawings, we were able to compare our site photographs with the as -built drawing to identify for any major deviations. 3.3 Once we received the as -built drawings, we reviewed and evaluated the existing construction drawings. Our evaluation was based on comparing the construction to conventional modern construction. 4 Playhouse on Plaza in National City Due Diligence Report SECTION 4 - RESOURCE DOCUMENTS Architectural As -Built Drawing December 1977 December 1979 Dick Kidwell Lamb's Players Remodel -Addition Sheets 1 to 5 Mike Balich Lamb's Players Alterations Sheets 1 to 4 Exterior Improvements include adding front trellis and fountain, "E" Avenue Exit stair, adding ceiling catwalk and interior tenant improvements. Alterations to south end theater seating, adding of Roof Glue Lam Beam Support, add rear exit stair and extending ceiling catwalk. 1 Sheet Mechanical Plan Playhouse on Plaza in National City Due Diligence Report SECTION 5 - EXISTING STRUCTURAL CONDITIONS 5.1 GENERAL 5.1.1 We performed two limited site reviews one to initially understanding the project, then, two for the purposes of identifying any significant structural deficiencies. 5.1.2 We did not verify the location of each and every bearing wall or shear wall. 5.1.3 We did not verify any dimensions. 5.1.4 This section of the report does not distinguish between the possibility of two phases of construction. While we were given drawings of the building, these drawings were additions and modifications to the existing building and were not the original construction drawings. 5.2 ROOF FRAMING 5.2.1 We reviewed major portions of the roof from the interior and exterior. It is obvious that the major roof supports, one being a glulam beam on the west side and the other being a repaired truss, that major repairs and/or modifications were performed to these members. 5.2.2 We reviewed major portions of the roof from the interior and exterior and did not observe any significant structural distress to the roof system except for the repaired truss. 5.2.3 We reviewed major portions of the roof framing from the interior and exterior and did not observe any significant structural distress except at the repaired truss. The repairs to this truss have not encompassed all of the portions of the distresses to the truss and the steel plates, in our judgment, should be continuous not discontinuous. Additionally, the roof line at the repaired truss contains an obvious slope toward the truss indicating that the truss was not jacked up to its original location prior to repair. 5.3 FLOOR r'RAMING 5.3.1 The building contains a portion in rear which is framed over what could have been a partial crawl space and is now an inhabitable portion. We reviewed the floor for distress and no significant structural distress was observed. 5.4 INTERIOR WALLS 5.4.1 We reviewed a minimum number of interior walls for distress. No significant structural distress was observed. 6 Playhouse on Plaza in National City Due Diligence Report SECTION 5 - EXISTING STRUCTURAL CONDITIONS (CONT.) 5.4.2 Portions of the walls contain damage due to termites. 5.5 EXTERIOR WALLS 5.5.1 We reviewed the exterior of the buildings for distress. No significant structural distress was observed. 5.5.2 On both the front and rear walls at the interface between the theater and lobby portion of the building a large, basically vertical, crack separation occurs. We have assessed this to be between the original building and the lobby addition and it dos not compromise the structural integrity of the building. 5.5.3 Portions of the wall contain damage due to termites. 5.6 SLAB-ON-GRADE/FOUNDATION SYSTEM 5.6.1 The scope of this report does not include a subsurface investigation. Therefore, we were unable to verify the depth and/or thicknesses of the slab -on -grade and foundation system. 5.6.2 A significant portion of the slab -on -grade contains floor covering therefore, we could only observe portions of the slab -on -grade for major distresses. We did not identify any major distress. 5.6.3 If significant differential settlement occurs, then, the exterior and interior walls will normally indicates signs of distress. In our review of the wall system, we did not observe any major distresses which could solely be attributed to foundation differential settlement. 5.7 REAR ACCESS STAIRS 5.7.1 The rear access stairs contain damage to the underside of the concrete landing and treads due to rebar and steel corrosion. 7 Playhouse on Plaza in National City Due Diligence Report SECTION 6 - LIFE SAFETY CODE CONSIDERATIONS 6.1 There are four basic seismic code categories in California which address Life Safety Considerations. They are as follows: A. The California State Historic Code. B. Uniform Code for Building Conservation (UCBC), Applied Technology Council Publication 14 (ATC-14) and FEMA 178-NEHRP Handbook for the Seismic Evaluation of Existing Buildings. C. Uniform Building Code (U.B.C.). D. The State of California Title's for schools and hospitals. The difference between these codes is the degree of seismic risk (safety) and thus damage due to earthquakes. 6.2 Code categories A and B represent those codes which evaluate existing buildings for minimum Life Safety Considerations. These codes provide criteria for identifying a minimum level of safety or performance for existing buildings. The FEMA document replar-ed ATC-14 and the UCBC Appendix Chapter 1 was written forun-reinforced masonry buildings. 6.3 The traditional codes which apply to the design of new facilities are represented by items C and D. 6.4 The criteria used for the evaluation of these existing buildings was the applicable sections of the Uniform Building Code which apply to standard occupancy buildings. 6.5 The risks to life -safety are generally described as a breaking off of parts of the buildings, such as parapets or exterior walls, or partial or total collapse of the major structural components. A common life -safety threat is walls that fall away which usually are of either un-reinforced or under -reinforced concrete or tilt -up panels with inadequate or nonexistent anchorage to the roof or floor structure. 8 Playhouse on Plaza in National City Due Diligence Report SECTION 7 - EVALUATION AND RECOMMENDATIONS STRUCTURAL CONCERNS RECOMMENDATIONS 7.1 Roof Truss Repair — Steel Plates have been added to the top chord of the truss on the sloped portion adjacent to "E" Avenue. We have two concerns over the repair: 1 The truss clearly shows. signs of distress beyond the repair. 2. The steel plates are not continuous and may relay on compromised sections of the remaining truss. 7.2 Diagonal Roof Sheathing — Modem construction does not employ diagonal sheathing for the roof diaphragms because they are expensive and because they have a very low value as a seismic diaphragm. Option 1— The truss can be replaced with a glue lam beam similar to the roof support to the immediate south. Option 2 — The roof truss can be re -repaired by providing continuity of the steel plates and continue the repair to mitigate the distress portions of the truss. Option 1— The entire roof can be sheathed with plywood and nailed in a pattern based on the seismic stresses. Option 2 — Option 1 can be value engineered by only providing plywood sheathing where the diagonal sheathing reaches its stress limit. As a result, the plywood sheathing would be added adjacent to the shear walls over 20-30 feet from the shear walls. Option 3 — A special structural analysis may be performed on the diaphragm since historically buildings have not shown a history of collapse solely due to diagonal sheathing. Further, refer to Note 2 below, this provides • for the further possibility that this system may qualify. In order to perform the special analysis the actual size of the diagonal sheathing and nailing pattern would have to be obtained through destructive testing. The results of this special analysis may or may not eliminate the recommendation for added plywood roof sheathing. It would, however, minimize the amount of added plywood sheathing. 0 to Playhouse on Plaza in National City Due Diligence Report 7.3 Shear Wall System — No apparent shear Add plywood shear walls to the exterior walls and the common wall between the theater and lobby portion of the building based on a current design standard (the plywood can be added to interior or exterior of studs). wall system was observed. 7.4 llloldown System — The scope of this report did not include distinctive investigation to the degree that holdowns could be investigated. Based on the age of this facility and the lack of obvious shear walls we have assessed that holdowns if present may not be adequate. Holdowns can be provided based on the shear wall analysis. 7.5 Rear Access Stairs — The rear access stairs The stairs should be removed and replaced. contain a significant amount of corrosion to both the reinforcing and the steel members. 7.6 Front and Rear Vertical Separation Repair stucco; check for dry rot and repair Wall Cracks should include an expansion joint. 7.7 Termite Damage - We observed. termite A termite specialist should be consulted in order damage throughout the facility. to provide their recommendations. 10 Playhouse on Plaza in National City Due Diligence Report SECTION 8 - LIMITATIONS AND UNIFORMITY OF CONDITIONS 8.1 The site visual observations noted in this report are limited to those areas which were accessible. 8.2 The opinions expressed are based on a comparison of the construction to acceptable conventional construction and are given without the benefit of final structural calculations or a post -construction soils investigation report. 8.3 The opinions expressed are valid as of the present date. However, changes in the conditions of property can occur with the passage of time, whether they be due to natural processes or the works of man on this or adjacent properties. In addition, changes in applicable or appropriate standards may occur, whether they result from legislation or the broadening of knowledge. Accordingly, the opinions of this report may be invalidated wholly or partially by changes outside our control. Therefore, this report is subject to review and should not be relied upon after a period of three (3) years. Rear of fuilding Side of Building Northwest Corner of 13uildine Roar Stair Addition Transition Distress at Roar oF Building t • -,frx Addition Transition Distress at Front of Built:gig • ui !ding Crawl Space Roof Truss Damage Repair ALEH ALENI, INC_ February 7, 2006 Mr. Bayani Abueg Cornerstone Building Group 3590 Kettner Boulevard San Diego, CA 92101 RE: Due Diligence Report Project: National City Playhouse Dear Mr. Abueg: An onsite investigation was carried out in January 2006 to evaluate the condition of the air- conditioning and plumbing equipment and systems at the National City Playhouse. The following priorities were made when making observations: • Identify Conditions having Health & Safety Implications. • Review Installations for Compliance With Current Building Codes • Evaluate Future Usable Life of Equipment and Scheduling Replacements Almost without exception, the mechanical and plumbing equipment and distribution systems throughout the Playhouse have exceeded its expected and useful life. Most of the equipment cannot simply be repaired and replaced with new equipment. In many cases, the installation doesn't meet current building codes. The code or administrative authority for this project is the City of National City. Usually work of this magnitude will trigger a number of new code provisions to cover the equipment, ducts, and pipes and their installation. These codes include: California OSHA, California Mechanical Code, California Plumbing Code, and Title 24 (the California State Energy Code.) Other codes, like the federal Americans with Disabilities Act, cannot be grandfathe-ed in and apply whether improvements are caned out in the building or not. B1a.ck iron natural gas piping is exposed on the roof. The pipe is showing signs of considerable con-osion. Eventually pipe corrosion could enable the natural gas to �l, leak out. If this should ever occur, there would be a possible fire hazard. It is recommended that the natural gas piping on the roof be replaced.(Please refer to Picture 1) 2. The enclosure for the water heater does not have an access door. The vent terminal on the roof is closer than 3'-0" to a door or window opening into the building. The location of the vent is in violation of the building code as is the lack of an access door to the water heater. It is recommended that the water heater be relocated to an interior space for better maintenance and longevity of the water heater. The current water heater is past its economic life and should be replaced (Please refer to Picture 2, 3, 4). 3. While primarily an architectural concern, the sinks, toilets and urinals in bathrooms and their layout do not comply with the Americans with Disabilities Act (ADA) or the California Plumbing Code. Non-compliance with the exact requirements of the ADA leaves the owners of the building open to litigation from handicapped users of the building, which in this case would be any theater patron. Ensuring compliance with ADA regulations is an immediate priority. For example, the faucets do not comply with ADA because they are difficult to operate and are not self=closing. The current drinking fountain does not have a.n accessible component for patrons in wheelchairs. Both of the toilets are too low to the ground. (Please refer to Picture 5,, (.. 7, 8, 9, and 10). .1 4. By the California Plumbing Code, the restrooms require floor drains. None are currently installed. This requirement is triggered by having two or more fixtures in the bathroom. 5. The janitor's sink had a vent that terminated under the stairs near an inoperative window. Code mandates that this vent be carried up through the roof. in addition, when the new vent is run it must be 3'-0" above the roof. Also, the vent cannot terminate closer than 10-'0" to any outside air intake to a rooftop air conditioning unit, window, door, or other opening to the inside of the building. (Please refer to Picture 11, 12). 6. The building is primarily served for ventilation and air-conditioning by rooftop package units. The cooling coils on these units on the roof cause moisture to be condensed as the return air from the building is cooled. Currently the piping to carry this water away does not have a trap. The condensate piping is now connected to the roof scuppers. Whenever cooling is taking place, water will run off the roof in the channel intended for storm water. The rooftop units need to have traps provided for their condensate piping and the runoff carved to the sewer system in accordance with the Califomia Plumbing Code. Also, the condensate piping needs to be sloped down in the direction of flow(Please refer to Picture 13) ,••-. el t gizsissarrwa 7. Galvanized steel ducts carry the cooled ventilation air from the rooftop package units into the building. These exposed ducts are badly corroded and leak valuable cooled air into the outside environment. These ducts need to be replaced with new galvanized steel ducts. Field observations of exposed and .some of the hidden ductwork showed that even in the building the ductwork needs to be replaced. . (Please refer to Picture 14, 15, 16). 8. A major replacement of ductwork in the building will allow the existing system to be rezoned. Air-conditioning engineers design the air-conditioning building with a number of thermal zones. Rooms with an outside wall on the south side of the building should be in thermal zones with similar_ rooms because they all need maximum cooling at the same time. Interior rooms should be grouped with rooms have similar schedules, uses, and occupancies. The current air-conditioning zoning could be considerable improved. This advanced type of redesign can cost effectively be done together with the wholesale replacement of the air-conditioning ductwork. 9. Diffusers are the metal plates where air blows out of the ceiling into each room. Grilles are the metal plates where the hot, stale air from the room is taken out to be conveyed to the rooftop package units to be cooled and filtered. The diffusers and grilles in the Playhouse are in poor condition. Also, they are poorly located and replacement by new diffusers of a modern design would improve comfort and indoor air quality by improving air circulation(Please refer to Picture 17,18,19,20) 4 10. The air circulation in the theater room itself was inadequate to provide comtbrt or health. The amount of ventilation and cooling air to the Theater itself was about 20% of the code mandated minimums. Most of the playgoers currently will not be able to feel proper air motion and will feel that the air is stuffy and stagnant when attending plays. 11. The rooftop package units are past their economic life. Most commercial equipment has an economic life of I5-20 years. These units seemed to be older than that and had not been scrupulously maintained. Rooftop units in this condition have high operating costs due to inefficient operation. They should be replaced. The replacement will be subject to Title 24, the State of California Energy Code. This will mandate: that much higher efficiency units be installed. Several of the rooftop units do not allow outside air to be drawn into the ductwork. Two of the requirements for the replacement units include the addition of outside air economizers, and powered exhausts (Please refer to Picture 21, 22 & 14, 15, 16). 12. The building also had at least one exposed direct fired wall furnace. Because of its age, it would usually require replacement. However, because the potential that these units have to put carbon monoxide into the space, the recommendation is that it be removed and not replaced with the same type of unit.(Please refer to Picture 23). 13. If the proposed remodel is significant enough, Title 24's current provisions will become mandatory. Since October 2005, high occupancy spaces like theaters have been mandated to have wall mounted carbon dioxide sensors. This will regulate the flow of outside air to the theater to match the number of people in the space. During performances, outside air will be at a maximum. During rehearsals, with fewer occupants, the outside air can be minimized. L4. Also, by code, roof mounted equipment that needs periodic maintenance needs to be accessed by ladder or stairway to the roof. 15. Most of the sewer, hot and cold water piping were inaccessible to inspection. Any major upgrade or renovation to the mechanical and plumbing systems should verify their condition and what repairs are needed. 1 have attached copies of some of the pictures taken during the field investigations. Sincerely, „Li Shahram "Sal" Salehi. PE President Attachments ,,, Playhouse on Plaza National City, California Electrical Systems Condition Report February 7, 2006 Prepared by: Stephen J. Kurtzman, P.E. Turpin & Rattan Engineering, Inc. 4719 Palm Avenue La Mesa, California 91941-5221 (619) 466-6224 Building Electrical Power Distribution The 120/240 volt, single phase, 3 wire, 400 ampere service is provided via an overhead service drop from a pole mounted transformer on the west side of 'E' Avenue. The service mast / weatherhead extends upward from a GTE/Sylvania switchboard on the west side of the playhouse at the southwest corner. The switchboard consists of a top metering section, a 400 ampere main fusible switch and a circuit breaker distribution panel with a 200 ampere main circuit breaker. The switchboard feeds panelboards inside theplayhouse as well as the rooftop air conditioning units. Observations/Comments • There is no visible sign of any grounding of the electrical service to a ground rod, cold water pipe or UFER (rebar) ground. • The service drop/weatherhead is too close (within 3 feet) to a door and operable window. • The main switchboard circuit directory appears to be out of date. • The main switchboard working space is inadequate and is blocked by shrubs. • Unused knockouts have not been covered in the switchboard distribution section. • An unused remote meter can is still piped to the switchboard and has inadequate working space. It should be removed. • The vertical portion of the feeder conduit from the switchboard to the booth panelboard is not supported anywhere. Bends in the same conduit in the booth area appear to be made without the proper tools. Two hole straps used to support this conduit have been secured to the framing with conduit nailers rather than nails or screws. • The stage dimmer panelboard and patch panels are installed without the required 6'-6" minimum headroom. • The switchboard and panelboards may not have adequate interrupting capacity for the available fault current from the utility. • The panelboard installed inside the playhouse directly behind the service is installed too high. • A transformer at the booth panel is not secured to the structure and is not grounded to a grounding electrode. • Many branch circuit conduits are installed without proper support. • Some individual enclosed circuit breakers are not labeled with the load served. • Many junction boxes are installed without proper support. • Unused knockouts have not been capped in some junction boxes. • Some conduit bodies have covers missing. • A few receptacles are missing coverplates, have the wrong size cover, or the coverplates are damaged. • Type `SO' cable has been used for permanent wiring to the stage ventilation fan and is routed through a wall. • Flexible (Type `S' and 'SO') cables have been used for fixed (i.e. permanent) wiring to stage lighting. • Stage lighting cables are improperly installed at the patch panel, with outer protective jacket removed and no strain reliefs installed at panel opening. Romex CRC type cable has been run exposed on ceiling to light fixtures. • Many temporary power strips have been fastened in place and used for permanent wiring. • Some exterior receptacles are not marked as being protected by an upstream GFCI receptacle or circuit breaker. Some have loose or missing covers. • Appliance cords plugged into counter height receptacles are being damaged by furniture and as such are a fire hazard. Lighting interior lighting is provided by surface mounted fluorescent fixtures, surface mounted incandescent decorative fixtures and track lighting, as well as numerous bare bulb lampholders. Emergency egress lighting is provided by 2 head battery operated wallpacks. Exit signage has been provided, and includes battery backup_ Exterior lighting consists of decorative incandescent wall mounted fixtures at entrances and PAR lamp floodlights. Some floodlights have integral photocell control. High pressure sodium yard lights and photocells are installed at the southwest corner of the building and at the building rear. Observations/Comments • High temperature lead wires on stage lighting may be asbestos cloth. • Some exit sign battery backup circuits are not operational. • Surface mounted fluorescent fixtures have been installed, wired with "zip" cord and/or extension cords connected to illegal taps at bare bulb lampholders. • No emergency lighting has been provided on building exterior paths to the public way. • Lenses of fluorescent lighting fixtures have severe yellowing. • Wire guards are missing from bare bulb fixtures subject to physical damage. • Christmas style decorative lighting has been abandoned in place at the front entrance. • The yard light photocell does not appear to be operating properly. The light at the service entrance switchboard remains on during the daytime. • Egress lighting is inadequate in the performance area. • No low level exifsigns are installed in the building. Telephone/Data Telephone service is provided by two overhead drops from a pole at the northwest corner of the property. The drops terminate at a telephone backboard at the west end of the building, at two MPOE terminal blocks. It appears that 8 incoming lines are available. A "TEL PLUS" telephone switch is installed at the telephone backboard. Observations/Comments • Many telephone cables and remote terminal blocks have been abandoned in place. Fire Alarm / Security Security is provided by motion detectors connected to an ITI security panel (now GE Security Systems). A Building Code mandated fire alarm system is not installed. Observations/Comments • The security panel was locked. The model number could not be obtained and battery backup could not be confirmed. Recommendations 1. Verify that a cold water piping ground is missing by opening switchboard and tracing wiring. If missing, add a properly sized grounding electrode conductor connection to the cold water service piping within 5 feet of entrance to building. 2. Relocate service weatherhead such that properclearance is obtained from windows and doors. 3. Update switchboard, panelboard and unit mounted circuit breaker circuit directories. 4. Install blank -offs in unused switchboard circuit breaker spaces. 5. Clear shrubbery at service switchboard to obtain 36 inch working space and to permit door swing to 90 degrees. 6. Remove old metering at service switchboard. 7. Add proper supports for feeder conduits above switchboard. 8. Add proper supports for branch circuit conduits and junction boxes throughout the building. Close unused openings in boxes. 9. Relocate stage and dimmer panels to booth area or other area with proper headroom. 10. Perform short-circuit study to verify switchboard and panelboard short circuit ratings. 11.Relocate panelboard behind switchboard such that no circuit breaker handle is over 6'-6" AFF. 12. Fasten transformer to structure at stage panelboard. 13.Provide grounding electrode for above transformer if required by Electrical Code (existing label missing or covered so transformer configuration could not be determined.) 14. Replace missing conduit body covers. 15. Remove abandoned decorative. lighting at entrance. 16 Replace broken and missing receptacle coverplates (building interior and exterior). 17_ Raise or lower receptacles installed at counter level where cords are being damaged by furniture. 18. Replace flexible cables to stage lighting with permanent conduit and wire to fixed outlets located above stage. 19. Replace flexible cable at stage area exhaust fan with permanent wiring. 20. Remove exposed Romex and "zip cord" cables at lighting fixtures and replace with surface raceway. 21. Add permanently installed duplex receptacles where power strips have been used. 22. Replace outdoor receptacle(s) with GFI type or label as being protected if already wired to an upstream GFI receptacle. 23. Provide emergency lighting outdoors at building exits per Code. 24. Provide low level exit signs required in unsprinklered 'A' occupancies. 25. Repair or replace malfunctioning exit signs. (No emergency operation) 26. Repair or replace malfunctioning photocell on yard light. 27. Install wire guards on bare bulb lighting where subject to physical damage, especially below 7 feet. 28. Provide additional emergency lighting to achieve 1 footcandle minimum along egress paths. 29. Seal all penetrations of fire rated walls/ceilings. Photos: See Appendix for photos. References: 2001 California Building Code 2001 California Tire Code 2004 California Electrical Code Switchboard front panel openings not covered. . Abandoned metering at switchboard Service drop in close proximity to door and window. Telephone service drop. • elephone service .oint a) _ 0 0 E as 0 a) 0 a.) 2 Missing conduit body cover — exposed wiring. '.11•11•1, Panelboard installed too. high. No labeling at circuit breakers Inadequate conduit support above doorway Missing conduit support Improper light fixture wiring. Improper light fixture wiring. Missing coverplate. 4111,FTPio's.tWrivaroN40,- .) • - Yellowed fixture acrylic lens 1 ."••1101% Yard light. ..,pt opilt1114 Floodlighting above doorway ' Decorative lighting. Missing lighting fixture globe Missing wire guard at light fixture Telephone backboard and switch Security panel Unused openings not covered Unused openings not covered and inaccessible junction box. Portable power strip permanently installed LL2 Outer jacket removed from wiring and no strain relief installed. Inadequate working clearance at. panelboard (installed horizontally) Improperly made conduit bend Two -hole strap secured by j-nail Unsupported junction box Cords damaged by furniture CONSULTANTS CIVIL SITEWORK 1.0 General 1.1 Site Description The site is Located at 500 East Plaza Boulevard in the City of National City, California. The property is bordered by East Plaza Boulevard to the north, E Avenue to the west and residential housing to the south and east. The existing building was last remodeled in 1979. The building is currently unoccupied and will be remodeled again to serve as an operational theatre. Northwest Corner of the Building Southwest Corner of the Building South Side of the Building The northern frontage of the playhouse building slopes to the east and includes a concrete patio area, landscaped area and a sidewalk. The western frontage slopes to the south and has a stairway, some landscaping and a sidewalk. The east and south sides of the property are paved for parking. The west portion of the parking lot slopes from the street upwards to meet the east parking lot. View of the Patio Area Looking West View of Onsite Parking East Side of Building View of Onsite Parking South Side of Building 1.2 Existing Utility Services The existing site "wet utilities" include water and sewer; there are no storm drain lines located on either E Avenue or East Plaza Boulevard. From record drawing information, there are six sewer laterals on the north edge of the site and water service at the east side of the building. The utility connections to the mains for the water and sewer are in East Plaza Boulevard. It is not known how many of the six sewer laterals actually serve the property. 2.0 Grading and Drainage 2.1 Grading The existing site grading was performed for the original site layout. Minor grading at the northeast corner of the building may need to be implemented for ADA accessible reasons, and additional grading may be required if future improvements are implemented. 2.2 Drainage Since no maintenance information was available f©r the building, drainage information is based on visual inspection of the facilities. The parking area south of the building will need to be slurry sealed in order to protect the pavement from runoff. General Condition of the South Parking Lot Pavement 2.3 Walls There are no existing retaining walls on the property site. New walls may be required if new parking spaces or site design changes influence the steeper areas. PLC 2.4 Geotechnical Report Although a current geotechnical report is not available, it is recommended that a report be obtained if new grading or improvements are anticipated. 3.0 A.D.A. Site Accessibility 3.1 Ramps Three existing ramps provide access to the building. The ramp that provides access to the front of the building from the east parking lot may need to be remodeled to meet current A.D.A. standards or if changes to the east parking area are proposed. Current Ramp from the East Parking Lot 3.2 Path of Travel The architectural site plan may address A.D.A. path of travel. A survey of the existing site is recommended if additional paths of travel are anticipated. In addition, the existing path of travel may need to be surveyed to determine its adequacy in meeting current standards. rip r-■ Sidewalk West -of the Building on E Avenue 4.0 Site Utilities 4.1 Sanitary Sewer There are six sanitary sewer connections to the building according to record drawings. All of them connect to the sanitary sewer main in East Plaza Boulevard. The type and size of the existing laterals are not shown on the record drawings but it is assumed that they have adequate capacity for the existing fixtures. Capacity should be re-evaluated if additional fixture units are proposed. 4.2 Domestic Water Supply The capacity of the existing water lateral should be evaluated if additional fixture units are contemplated. 4.3 Fire Water Supply There are no record drawings which indicate an existing fire water supply. If a new fire water supply is required with the future improvements, a connection at the main will he required. The fire water service would require a backflow preventcr, fire department connection, and post indicator valve. The connection at East Plaza Boulevard would also require trenching and replacement of asphalt/sidewalk in those areas where trenching occurs. 4.4 Storm Drains Storm drains do not exist for this site. Runoff from the northern; portion of the site sheet flows into East Plaza Boulevard and travels westward. The majority of the site, including the parking lots, flows into E Avenue where it is collected by a publicly maintained storm drain system near the intersection of E Avenue and 12th Street. Roof Drain on the East Side 5.0 Parking 5.1 Shortage Currently, there may not enough spaces of onsite to accommodate the proposed usage adequately. In addition, activities at adjacent properties, such as the apartments to the south or the school to the north, could affect the existing parking lot as those patrons might use this building's spaces. When parking is full at the existing parking lots, both East Plaza Boulevard and E Avenue are utilized as off -site parking. There is currently room for about 6 parking spaces along 12th Street directly in front of the site on the north side and 6 more spaces along E Avenue on the west side. 1R & BUILDING SCIENCES, LLC 4883 Ronson Court, Suite S • San Diego, CA 92111 January 30, 2006 Mr. Bayani Abueg Cornerstone Building Group 3590 Kettner Blvd. San Diego, CA 92101 Project: Playhouse on the Plaza, 500 East Plaza Blvd., National City, CA Subject: Preliminary Investigation for Asbestos, Lead -Based Paint and Mold -Containing Materials Mr. Abueg: At your request, Air & Building Sciences, LLC performed a visual and sampling inspection of the building at the above project location to determine the presence of Asbestos -Containing Materials (ACM), Lead -Based Paint (LBP) and building materials affected by moisture/mold. This inspection was performed on January 19, 2006. Asbestos -Containing Materials A total of eighteen (18) bulk material samples were collected to determine if asbestos fiber was present. The materials sampled included acoustic ceiling materials, floor and wall tile, floor leveling compound, composite drywall wall, sheet vinyl, mastic, window putty, and exterior stucco. The samples were transported under chain -of -custody to JMR Environmental Services, Inc. for analysis using Polarized Light Microscopy. Materials containing 1% or greater of asbestos fiber are as follows: • Floor tile in the lower level • Acoustic ceiling material in the entry lobby and large room to the south. We are assuming the that acoustic ceiling material in the restrooms is also asbestos - containing, however, we will re -visit the site to sample. • Widow putty Exterior stucco 1 The interior plaster has less than 1% asbestos fiber and, therefore, is considered to be asbestos -containing construction material in accordance with CAL/OSHA regulations and, if disturbed, a contractor registered with the State of California Carcinogen Unit must perform the work. Lead -Based Paint Samples were collected and analyzed to determine if LBP was present on suspect building materials. These materials consisted of gutter downspouts and window sills/frames. Samples were transported under chain -of -custody to EnviroMatrix Analytical, Inc. for analysis using EPA 6000/7000 Series Method. The analysis indicates the paint on these suspect materials is not considered lead -containing. Moisture/Mold Visual inspection of the accessible building materials was performed to determine if the interior finish materials had been affected by moisture and/ormold. Ceiling tiles in the upper level large room and ticket office areas are water stained with possible visible mold growth. These areas are minimal in size and should be addressed in accordance with the EPA Guidelines for Mold Remediation in Schools and Commercial Buildings. The source of moisture which has caused the water staining must be determined and secured. Removal of the affected tiles can be performed carefully to allow for inspection in these areas. CONCLUSIONS 1. In accordance with the USEPA, ACM are present within the building. The acoustic ceiling material is ACM and considered fi. h1L(easily crumbled by hand pressure when dry). The floor tile in the lower level is ACM and is non -friable. The window teri y and ex or stucco are ACM an'd are sidered-non-fr i a ble. 2. In accordance with CAL/OSHA, the interior plaster in the lower level is asbestos - containing construction material (ACCM, less than 1 % but greater than .1 % asbestos fiber). 3. There are no suspect lead -based paints on or in the building. 4. Minor amounts of moisture/mold affected materials are present in the upper level large room. If you have any questions, please contact me at (858) 278-8188. Ressctfully, C LL1 hi* Larry Lihdeen Air & Building Sciences, LLC RECE IVED Environmental Services, Inc. Air and Building Sciences, LLC Craig Sobotka 4883 Ronson Court, Suite S San Diego, CA 92111 Report of Test l -858-011906-A January 25, 2006 A bulk sample analysis was performed by JMR Environmental Services, Inc. on January 25, 2006. Eighteen sample(s) submitted and identified by Air and Building Sciences, LLC on January 19, 2006 from Playhouse on Plaza: 500 E. P1a7a, National City. Protect: The samples described above were analyzed for asbestos content. Results are reported in approximate percent of each type of asbestos present. Results included in this report are representative of the submitted samples only. Procedure: Sample analysis of bulk materials was performed in accordance with EPA/600/R-93/1 16 Test Method: Method for the determination of Asbestos in Bulk Building Materials. This procedure involves examination of the samples with a petrographic microscope utilizing polarized light, a procedure commonly known as Polarized Light Microscopy (PLM). JMR Environmental Services, Inc. appreciates the opportunity to provide this service. This report shall not be reproduced, except in full, without prior authorization by JMR and shall not be used by the client to claim NVLAP or U.S. Government product endorsement. S incerely, ,q. Jill S. Brodwolf Laboratory Analyst Revised II)/04 Reviewed by, co/044- Rick De Nisco Laboratory Manager Pace 1 of 3 Project: Playhouse on Plaza 500 E. Plaza, National City Sample Number Sample ID JMR Lab Number 1-858-011906—q Date Analyzed 01/25/06 Type of Total Other Asbestos Percentage Materials Cross Present by Volume Present Appearance 85790 06-0048-1; 9" x 9" Floor Tile Chrysotile 3% Cellulose <1% Homogenous Quartz Fibrous Vinyl Brown Lower Level 85791 06-0048-2; 9" x 9" Floor Tile Mastic None Detected Cellulose I% Homogenous Lower Level Quartz Fibrous Bitumen Black 83792 06-0048-3; 12" x 12" Wall Tile None Detected Cellulose 50% Layered Lower Level Storage Paint Fibrous Quartz Brown/Brown 85793 06-0048-4; Wall Composite • None Detected Lower Level SE Room Cellulose 7% Layered Paint Fibrous Quartz Gry/Off W t/Brn/Wt Gypsum 85794 06-0048-5; 12" x 12" Floor Tile None Detected Cellulose <1 % Homogenous Upper Level, SE Room Quartz Fibrous Vinyl Gray 85795 06-0048-6; 12" x 12" Floor Tile None Detected Cellulose 2% Homogenous Mastic Quartz Fibrous Upper Level; SE Room Adhesive Lt Yellow 85796 06-0048-7; Leveling Compound None Detected Cellulose 2'9u Layered Quartz Fibrous Gypsum Off Wt/Lt Yell • Adhesive Upper Level, SE Room 85797 06-0048-8; Acoustic Ceiling Material None Detected Cellulose <I% Homogenous Quartz Fibrous Gypsum Off White Synthetic Upper Level Ticket Office 85798 06-0048-9; Acoustic Ceiling Material Chrysotile ( 10% ) Cellulose 1'% Homogenous Upper Level SE Room ` Vermiculite Fibrous (Above 12" x 12" Ceiling Tile) Quartz Lt Brown Gypsum 85799 06-0048-10; 12" x 12" CeilMe, Tile I_ipper Level SE Room None Detected Page 2 01 3 Cellulose 60`Y" Layered Paint Fibrous Clunrtz White/Lill—own Project: Playhouse on Plaza 500 E. Plaza, National City Sample Number Sample ID JMR Lab Number 1-858-011906—q Date Analyzed 01/25/06 Type of Total Other Asbestos Percentage Materials Present by Volume Present 85800 / 06-0048-I I; Acoustic Ceiling Material l Chrysotile ( Upper Level Entry Lobby 85801 06-0048-12; 12" x 12" Floor Tile Upper Level Storage 85802 06-0048-13; 12"x 12" Floor Tile Mastic Upper Level Storage 85803 06-0048-14; Sheet Vinyl Flooring Layer 1 Upper Level Storage Bathroom 85804 06-0048-15; Sheet Vinyl Flooring Layer 2 Upper Level Storage Bathroom 85805 06-0048-16; Wall Plaster Lipper Level Storage None Detected None Detected None Detected None Detected Chrysotile <I %x *<1 % Chrysotile found in light yellow layer. All other layers were None Detected. 85806 06-0048-17; Window Putty Lower Level, S. Wall Chrysotile Cellulose Vermiculite Paint Quartz Gypsum Cellulose <1% Quartz Vinyl Cellulose 2% Quartz Bitumen Cellulose Synthetic Quartz Vinyl Cellulose Fiberglas Quartz Vinyl Cellulose <I% Vermiculite Paint Quartz Gypsum Cellulose Paint Quartz Synthetic Gross Appearan ce Layered Fibrous OffWt/Lt 13rn Homogenous Fibrous Lt Brown Homogenous Fibrous B lack Layered Fibrous Brn/Lt Gty Layered Fibrous Off Wt/Lt Gry Layered Fibrous Off Wt/Lt Yell/Off Wt Layered Fibrous Wt/Off Wt Poge 3 of • RECEIVED !A"! '2.06 26 January 2006 Air & Building Sciences Attn: Larry Lindeen 4883 Ronson Court, Suite S San Diego, CA 92111 EnviroMatrix Project Name:. Playhouse on the Plaza Analytical, Inc. EMA Log #: 0601305 Enclosed are the results of analyses for samples received by the laboratory on 01/19/06 14:33. Samples were analyzed pursuant to client request utilizing EPA or other ELAP approved methodologies. I certify that this data is in compliance both technically and for completeness. Verdon iboratory Director CA ELAP Certification #: 2564 ci114,. , ,00_t Name: Air* Building Sciences Ject Name: Playhouse on the Plaza EMA Log #: 0601305 ANALYTICAL REPORT FOR SAMPLES Strirl e ID Laboratory ID Matrix Date Sampled Date R.ecelved :Gutter Downspout #2 Ext. Window Sill 0601305-01 0601305-02 .ttits in this tteport cpply to ibe samples analyzed 117 accordance with the chain of Culoc,ment. This anctlyncal report must be reproduced tn its enttreot. Solid Solid 01/19/06 10:30 01/19/06 10:30 01/19/06 14:33 01/19/06 14:33 tjeat Name: Air Sc. Building Sciences ject Name: Playhouse on the Plaza Total Metals by EPA 6000/7000 Series Methods EMA Log #: 0601305 Analyte Reporting Result Limit Units Dilution Batch Prepared Analyzed Method #1 Cutter Downspout (0601305-01) Solid Sampled: 01/19/06 10:30 Received: 01/19/06 14:33 Lead 12900 100 mg/kg . 10 6012503 01/25/06 01/26/06 EPA 6010 #2 Ext. 'Window Sill (0601305-02) Solid Sampled: 01/19/06 10:30 Received: 01/19/06 14:33 Lead 946 10.0 mg/kg 1 6012503 01/25/06 01/25/06 EPA 6010 The r'nr/ts in this report epp/y m die samples analyzed in accordance with the chain of iocutnera This orn! vital report nms[ be reproduced ir. 0s entirery. -iient Name: Air& Building Sciences 0 j6et Name: Playhouse on the Plaza EMA Log #: 0601305 Total Metals by EPA 6000/7000 Series Methods - Quality Control fAnalyte Batch 6012503 Result Reporting Spike Source %REC RPD Limit Units Level Result %AEC Limits RPD Limit Blank (6012503-BLK1) Lead • LCS (6012503-BSI) Lead • LCS Du p (6012503-BSD1) Lead Duplicate (6012503-DUP1) Source: 0601337-04 Prepared & Analyze& 01/25/06 2.57 10.0 mg/kg 2.10 Matrix Spike (6012503-MS1) Source: 0601337-04 Lead 99.1 10.0 mg/kg rix Spike Dup (6012503-MSD1) Source: 0601337-04 ND 10.0 mg/kg 99.4 10.0 mg/kg 103 10.0 mg/kg Prepared & Analyzed 01/25/06 Prepared &Analyzed: 01/25/06 100 99 75-125 Prepared & Analyzed 01/25/06 100 103 75-125 4 20 Lead Prepared & Analyzed: 01/25/06 94.3 2.10 103 75-125 Prepared & Analy7 1- 01/25/06 101 10.0 mg/kg 94.3 2.10 105 75-125 2 20 20 20 T. Its in this report Lipp!), to the samples analyzed in accordance with the chain of CUS ,ceanent. This analytical report must be ,reproduced in ihs en tirery. tient Name: Air & Building Sciences jiect Name: Playhouse on the Plaza ND NR dry RPD Notes and Definitions Analyte NOT DETECTED at or above the repotting limit Not Reported Sample results reported on a dry weight basis Relative Percent Difference The r,sults in this report apply to the samples mialyzed in accordance with the chain of Iocnm:eoi. This analytical retort must he reproduced 113 itt entirety. EMA Log #: 0601305 • oh/ VLift VD 11: L0 r11.21. 1foV4 a4 04 UY enrrrrnut (-wrttcut. ILRJuu1/ 1 WOOD DESTROYING PESTS AND ORGANISMS INSPECTION REPORT 'MAL O ND. 500 STREET, CITY, STATE ZIP East Plaza Boulevard, San Diego CA 91950 Deb or Inspection 2/3/2006 No. or Peens 7 PEST CONTROL, INC. Escondido, CA 92029 (780) 233-2090 Fax KV. NEDY 1518504n9 Court, Tel: (800) 420-7378 Finn Registration No.PR 1932 Report No. 5735 Escrow No. nWsis i r + Colnefteguilding Group 3590. gr Boulevard San CA 92101 Ate:: BY 619- 5764 619-208-2726 Property Owner/Pony of Interest Cornerstone Building Group 3590 Kettner Boulevard San Diego, CA 92101 Attn: Harvey 619-296-5764 619-208-2726 Report Sent To: Cornerstone Building Group 3590 Kellner Boulevard • San Diego, CA 92101 Attn: Harvey 619-296.5784 619-208-2726 COMPI TE REPORT 0 LIMITED REPORT 0 SUPPLEMENTAL REPORT ■ REINSPECTION REPORT 0 GertnrJbsSviption: Vacant and furnished twv-story commercial building krspeceon Tag Posted: Cabinet . Other Inspection Tags: None noted ,speellon has been made to the structure(s) shown on the diagram In accordance with the Structural Pest Control Act. Detached porches, detached , detached dedts and any other structures not on the diagram were not inspected. ean Termites ❑ Drywood Temites ® Fungus/Dryrot ® Other Findings Further Inspection anr® ,t . _ . ___ . ____ __ _r.__t.,.., a :...,:_..tor- u..,. nh eataa wane 1,ieihIse nrnhlems In accessible areas. Read.the report for details on checked Items. 1' inspected by Chris Luce License No. OPR 9842 Signature You ere entitled to notate ceoios d ail reports end mmplalion rodeos en IhiE property reported to the 5lrv:lorel Pell Control Board donna the precee Iina two yaors. To o6Lan copies cenla[12 Slruclural Pose Central Board, I41 a Hews Ave_ S la. 16, Sacramento, California 556253204, NOTE: Ouaslions or problems mr.cening the above report should ba direclad to itna mw,doer of the compeny. Unresolved queDlio,te or problems with services performed rney b5 airedad Ic the Strums.' S3M-41 (Rs, IO/01) totalut.a7nF nr rnnnt 7'�].ttt RF n. w,.w naElbnaM c�aov. "I� 02O7 /2006 11:23 FAX 17604345499 2nd EENNEDY PEST CONTROL PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 500 East Plaza Boulevard, San Diego CA 91950 2/3/2008 5735 ITh0o2/G Lo BUILDING NO. STREET, CRY. STATE, ZIP INSPECTION DATE REPORT NO. A. Certain areas are recognized by the industry as inaccessible and/or for other reasons not inspected. These include but are not !fretted to: inaccessible and/or insulated attics or portions thereof, attics with lees than 18" clear crawl space, the Interior of hollow walls; spaces between a floor or porch deck and the ceiling below; area where there is no access without defacing or tearing out lumber, masonry or finished work; areas behind stoves, refrigerators or beneath floor coverings, furnishings; areas where encumbrances and storage, conditions or locks make inspection Impractical, portions of the sub area concealed or made inaccessible by ducting or insulation, area beneath wood floors over concrete, and areas concealed by heavy vegetation. All Inspectans are done from ground level only unless otherwise Indicated. Although we make visual examinations, we do not deface or probe window/door frames or decorative trims. Unless otherwise specified in Skis report, we , do not Inspect fences, sheds, dog houses, detached patios, detached wood decks, wood retaining walls or wood walkways. We assume no responeaillty for work done by anyone else. for damage to structure or contends during our inspection, or for infestation, infection, adverse conditions or damage undetected due to inaccessibility or non -disclosure by owner/agent/tenant. B. Stab floor construction has become more prevalent in recent years. Floor covering may conceal cracks in the stab That will allow infestation to enter. Infestations in the walls may be concealed by plaster so that a diligent inspection may not disclose the true condition. These areas are not practical to inspect because of health hazards, damage to the stricture; or inconvenience. They were not Inspected unless described in this report We recommend further inspection if there is any question about the above noted areas. Ref: Structural Pest Control Act, Article 6, Section 8516(b), paragraph 1990(). Arnended effective March 1, 1974. Inspection is limited to disclosure of wood destroying pests or organisms as set forth in the Structural Pest Control Act, Article 6, Section 8516(b), Paragraph 1990-1991. C. A re -Inspection will be performed. if requested within four (4) months from date of original inspection, on any corrective work that we are regularly in the business of performing. If CERTIFICATION Is required, then any work performed by others must be CERTIFIED by them. There is a re -inspection fee. D. This company is not responsible for work completed by others, recommended or not, including by Owner. Contractor bills should be submitted to Escrow as certification of work completed by others. Kennedy Pest Control does not comment on workman -ship done by others. Interested parties must satisfy themselves as to quality or appearance of work which Is not completed by our company. E. This report includes findings related to the presence/non-presence of wood destroying organisms and/or visible signs of leaks in the accessible portions of the roof. The inspector did not go onto the roof surface due to possible physical damage to the roof, or personal injury. No opinion is rendered nor guarantee implied concerning the watertight integrity of the roof or the condition of the roof and roofing materials. If interested parties desire Further information on the condition of the roof, we recommend that they engage the services of a licensed roofing contractor. F. Second story stall showers are inspected but not water tested unless there is evidence of leaks in ceiling below. Ref. Structural Pest Control Rules and Regulations, Sac. B516G. Sunken or below grade showers or tubs are not water tested due to their construction. G. During the course of/or after opening walls or any previously concealed areas, should any further damage or infestation be found, a supplementary report will be Issued. Any work completed in these areas would be at Owner's direction and additional exp ense H. During the process of treatment or replacement it may be necessary to drill holes through ceramic tiles or other floor coverings: These holes will then he sealed with concrete. We will exercise due care but assume no responsibility for cracks, chipping or other damage to floor coverings. We do not re -lay carpeting. I. We assume no responsibility for damage to any Plumbing, Gas or Electrical lines, etc., in the process of pressure treatment of concrete slabs or replacement of concrete or structural timbers. J. When e fumigation is recommended we will exercise all due care bul assume no responsibility for damage to Shrubbery, Trees, Plants, TV Antennas or Roofs. A FUMIGATION NOTICE will be left with, or mailed to. the Owner of this property, or his designated Agent. Occupant must comply with Instructions contained in Fumigation Notice. During fumigation and ciuricuuD 11:40, rule 1r01,40404yy n.nlvrvcris rnnr wrrrxuy, 500 PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: East Plaza Boulevard, San Diego CA 91950 BUILDING Na. STREET CITY, STATE. ZIP 2/3/2006 5735 INSPECTION aeration, the possibility of burglary exists as it does any time you leave your home. Therefore, we recomend that you take any steps that you feel necessary to prevent any damage to your property. We also recommend that you contact your insurance agent and verify that you have insurance coverage to protect against any Toss, damage or vandalism to your property. The company does not provide any on site security except as required by state or local ordinance and does not assume any responsibility for care and custody of the property in case of vandalism, breaking or entering. Natural a service to the me roue lea disconnected ore turn anon ca comm ce- Kemw P will wren a for as disconnection or to hum alien owner w owners a ant must contact the en however the eat he local Inc. local s comoany for the restoration of m+ *aryl e+ IE.rg uuui u 1 u Kenn Pest Contr Inc- or It's subcontractors cannot be held liable for dela s cause b disc nnection or restoration of gas service not beine eomofeted K. If you should have any questions regarding this report, please call or come by our office any weekday between 8:00 a.m. and 5:00 p.m. We also provide information about additional services for the control of Household Pests such as Ants and Fleas, etc_ L I agree to pay reasonable attorneys fees if suf is required by this COMPANY to enforce any terms of this contract, together with the costs of such action, whether or not suit proceeds to judgement. M. The total amount of this contract is due and payable upon completion of work unless othetwlse specified. A finance charge computed at a Monthly rate oft 5% of the unpaid balance (annual percentage rate of 18%) will be added to all accounts past due. N. If this report Is used for escrow purposes then it is agreed that this inspection report and Completion, if any, is part of the ESCROW TRANSACTION- However, if you received written or verbal instructions from any interested parties involved in this escrow (agents, principals, etc.) to not pay our invoice at close of escrow, you are instructed by us not to use these documents to satisfy any conditions or terms of your escrow tor purposes of closing the escrow. Further, you are instructed to retum all of our documents and the most current mailing address you have on file for the property owner. O. Owner/agenUtenant acknowledges and agrees that inspection of the premises will not include any type of inspection for the presence or non -presence of asbestos and that this report will not include any findings or opinions regarding the presence or non -presence of asbestos In, upon or about the premises, we recommend that you contact a contractor specifically licensed to engage In asbestos related work. Further, should we discover the presence of asbestos during our Inspection of the premises or should our Inspection of the premises cause a release of asbestos dust or particles, owner/agent/tenant shall be solely responsible for the cleanup, removal and disposal of the asbestos and the cost (hereof. Ownedagent/tenant hereby agrees to waive any and all claims against this Company which are in any way related to the presence of asbestos on the premises and further agrees to indemnify and hold this company harmless from any and all claims of any nature asserted by any third party, Including Ihis Company's employees, which is in any way related to the presence of asbestos on the premises. P. Reports on This structure prepared by various registered companies should list the same findings (i.e.termite infestations, termite damage, fungus damage, etc.). However, recommendations to correct these findings may vary from company to company. You have the right to seek a second opinion from another company. Q. If any infestation, infection or damage is discovered in a concealed area during the course of performing any recommendation in this report, this company will file a supplemental report. This company is not responsible for controlling such infestations or infections nor repairing such damage, R. This company makes no guarantee or warranty, express or implied, regarding future infections or adverse conditions or conditions present but not evident at time of inspection. S. Local treatment is not intended to be an entire structure treatment method If infestations of wood -destroying pests extend beyond the area(s) of local treatment, they rnay not be exterminated. VL/V//LVVO I1rAe. 1l OV4 04040V 4th RLI'LVrUL I1S01 4U1V1ICU L PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: ! 500 East Plaza Boulevard, San Diego CA 91950 2J3/2006 5735 gAIL,U4/ V „LV BUILDING NO. STREET, CITY, STATE, ZIP INSPECTION DATE REPORT NO. 2. D.; - ermites: vidence of drywood termites noted in interior and exterior, as indicated on diagram. RECOMMENDATION:tumigate the entire structure for the eradication of drywood termites using an approved fumigant (Vikane}. Mas or remove fecal pellets In accessible areas. ** Two (2) year warranty For drywood termites ** This is a Section 1 Item '"""-** vidence of drywood termite dams a noted in exterior as indicated on diagram. RECOMMENDATION:Correct termite dame ed wood me ve. If more damage is found during the cbtirse of pe orming repairs, a supplemental report will be issued with additional findings and recommendations and costs for corrections. Bids for repair work include prime coat only.** One year warranty ** This is a Section 1 Item **.-". F Dryrot: I M 3A Evidence of fungus/dryrot noted in doors, jambs, and threshold, as indicated on diagram. RECOMMENDATION:Owner to contact qualified person to Inspect and make necessary recommendations to correct areas noted above. ^"` This is a Section 1 Item'"'*" i. Other Findings: TEM 4A cessive moisture was noted at ceilin as indicated on diagram. RECOMMENDATION:Owner to contact qualified person to inspect and make necessary recommendations to correct. """ This is a Section 2 Item This is a structural pest control inspection report Not a building inspection report, therefore no opinion is being rendered regarding the structural integrity of the building. The following areas were not inspected, as indicated in section #1990, paragraph (j) of the structural pest control act and rules and regulations furnished interiors, inaccessible attics, insulated attics, and portions thereof the interior of hollow walls spaces between a floor or porch deck and the ceiling or soffit below stall showers over finished buttresses and similar areas to which there is no access without defacing or tearing out lumber, masonry and finished work, built-in cabinet work floor beneath coverings, areas where storage conditions or locks make inspection impractical. This wood destroying pests and organisms report does not include mold or any mold like conditions. Molds, sometimes called mildew, are not wood destroying organisms. Branch III licenses do not have a duty under the Structural Pest Control Act and related regulations to classify molds as harmful to human health or not harmful to human health. No reference will be made to mold or mold like conditions, Mold is outside the scope of the report as defined by the Structural Pest Control Act. If you wish your property to be inspected for mold or mold like conditions please contact the appropriate mold professional. vciv/iW0O ll:La rna 1/0040404UV aa/v/vaui rnii �vivinvL _ PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: s 500 East Plaza Boulevard, San Diego.CA 91950 2/3/2006 5735 wvvoivyv BUILDING N0_ STREET, CRY, STATE, ZIP INSPECTION DATE REPORT NO. It is the owners responsibility to disclose any knowledge of conditions which are not visible during the course of a normal inspection. This firm will use commonly available material for work performed by this company, but does not guarantee to match material no longer available or wood requiring custom milling _ Bids for wood repair include prime coat to outside wood. This firm will not stain or paint inside or outside repairs. Primer coat only!! This firnl reserves the right to substitute materials due to availability and/or discontinued `materials. IMPORTANT NOTICE If persons other than this firm are to complete repairs it is recomn'tended that the lender be consulted for guarantee requirements prior to commencement of work by others. Kennedy Pest Control will not make any statement as to the quality of workmanship nor will we guarantee work done by others. If all items are not completed by this firm, our price per item may vary from the original bid and warranty will be limited to specific areas. Kennedy Pest Control Inc. does not guarantee work performed by others. Such guarantees should be obtained from those performing the repairs. Kennedy Pest Control only certifies the absence of infestation or infection in the visible and accessible areas. If it is found that other have concealed or hidden infestations or infections during the course of their repairs, it will be the responsibility of the interested parties to pursue the responsible parties_ NOTICE: The charge for service that this company subcontracts to another registered company may include the companys charges for arranging and administering such services that are in addition to the direct costs associated with paying the subcontractor. You may accept this companys bid or you may contract directly with another registered company licensed to perform the work. If you choose to contract directly with another registered company, this firm will not in any way be responsible for any act or omission in the performance of work that you directly contract with another to perform. Windows are inspected, but not opened during inspection. The exterior surface of the roof was not inspected. If you want the water tightness of the roof to be determined, you should contact a roofing contractor who is licensed by the contractors state license board. *** It is unlawful for a handyman to perform work in excess of $500 "** Exterior was inspected as permitted due to heavy vegetation. UG/V1/LV0O .tL L4 rm.& 1l DD 4,14,04B& t RL'IVIVL'ut rr. i l.unimn, PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 500 East Plaza Boulevard, San Diego CA 91950 2/3/2006 5735 yJLUD/ vyu BUILDING NO. STREET, CRY, STATE, ZIP INSPECTION DATE REPORT NO. Plants and shrubs must be trimmed at least 12 Inches from structure prior to fumigation. Plant damage will occur during the course of performing the fumigation. Kennedy Pest Control offers no warranty on vegetation. A fumigation notice and fact sheet will be sent to, or left with the owner of this property, or his/her designated agent, which gives necessary information regarding procedures for fumigation. This form MUST be signed and returned to Kennedy Pest Control three (3) working days prior to scheduled fumigation date. Fumigation cannot commence without signed forms and keys. IMPORTANT Prior to fumigation: this company must be notified of any construction elements, conduits, drains, or vacuum ;systems that could allow passage of the fumigant from the structure to be fumigated to any adjacent or adjoining structure(s). Prior to fumigation, owner or agent MUST contact local gas company to have gas service reconnected after fumigation process is complete. Fumigation cannot commence without gas service being disconnected. Kennedy Pest Control cannot be held liable for costs associated with delays caused by gas company. Electricity MUST be available during the course of fumigation. / UL/V//LVVO 11:L4 rad 1lOV4J4DI ♦th RGI'iI6V1 rr.31 LVr11KVL PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 500 East Plaza Boulevard, San Diego CA 91950 2/3/2006 5735 BUILDING NO. STREET. CITY, STATE. ZIP INSPECTION DATE REPORT NO. OCCUPANTS CHEMICAL NOTICE Kennedy Pest Control will use pesticide chemical(s) specified, below for the mincontrol of wood destoryg pests or organismslocations Identified in this Structural Pest Control report. (1) The pesticide(s) proposed to be used and the active ingredient(s). A. De`Me TC:Cyyp�ermethrin 25.3%, Inert In relents 74.7% m B. Teudor TC f iproni19.1%)inert 'ngredienis 90.9% C. Vikane Gas �"umigant:Sulfuryl Ronde 99.8%, Inert Ingredients 0.2% (2) "State Law recuires that you be given the following information: CAUTION -PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board and apply pesticides which are registered and approved for use by the California Department of Pesticide Regualtion and the United States Environmental Protection Agency. Registration is granted when the State finds that based on existing scientific evidence there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized." "If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center and Kennedy Pest Control. For further information, contact any of the following: Kennedy Pest Control (800) 420-7378 San Diego County Health Department 800 876-4766 San Diego County Agriculture Commissioner (856j 694-2739 Poison Control Center 80 ) 334-0019 Structural Pest Control 1418 Howe Avenue, Suite 18, Sacramento, CA 95825 (916) 561-8708 Persons with respiratory or allergic conditions, or others who may be concerned about their health relative to this chemical treatment, should contact their h sician concerning occupancy during and after chemical treatment PRIOR TO SIGNING THIS NOTICE. ICE. NO CHEMICAL APPLICATION WILL BE PERFORMED UNTIL SUCH A TIME THAT THIS NOTICE IS RETURNED to KENNEDY PEST CONTROL. HAVING READ THE INSTRUCTIONS 1 THE UNDERSIGNED, ACCEPT RESPONSIBILITY FOR UNDERSTANDING ALL THE AFOREMENTIONED. OWNLRIOCCUPANT DATE OWNER/DETUPANT DA1 E 02i147/2006 n7:14 FA% 6190671281 PREMIER ROOFING INCORPORATED Premier Roofing Inc PREMIER!ROOFING NUMMI February 17, 2006 Harvey Hiebel Cornerstone Building Group 3590 Kettner Blvd. San Diego, CA 92101 Re: Roof Inspection Project: Playhouse on the Plaza 500 East Plaza Blvd. National City, CA As per your request, Premier Roofing, Inc. has conducted a visual examination of the existing roofs at the referenced project. The examinations were conducted in order prepare recommendations for roof replacement and roof maintenance. 9054 OLIVE DIVE Observations: SPRING VALLEY CALIFORNIA 919T7-2301 37-4565 619-667-1281 FAX The subject building, which is one and two-story, stucco structure with a combination of asphalt shingles and low sloped built-up roof systems. Flat Roof Areas: The low -sloped build-up roofing system is in poor condition, and should be replaced at the time. HVAC Ducting: The exposed I -VAC is in poor condition do to rust and leaking seams on ductwork. Sloped Shingle Roof: The asphalt shingle roof area is in fair condition and needs general roof maintenance at this time, Recommendations: It is our recommendation that flat roof be replaced with a new 4-ply built-up roof system. The HVAC ducting should also be replaced at the same time the flat roof is replaced. The sloped shingle roof requires general roof maintenance at this time. Please review and call me if you have any questions. Sincerely, Tom Pigeon President g1002 exterior elev's. 1,6 L.. L 74...1..0. t • MO .4 IV us .7LTs. Oh. ...41,001,.. *Vt., OW. wen 400.6,1110 ft.Wr. .11001; Loin 471.11:+1,2 1,40;;; tI TOP 12•.;;.. ,••••••••••, 1.10 I. 4.1 0,7 MAC Ilp.j1 I'M 44 I. 41.46.1 0.1 MR/ M.1.1 ,11.3 ANT wr.•+1 9.14.14 14.1 • 041,0..ttil AL. 4 a.ewr 74fr..,,akTok section A • 4.16;•1i;1,, Th+.1 KM! • . NOT( 0.4116. row 011,,...... 5 lipo*Pra T/P1.4. 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CALE Afp..EDA NOTE; APINVACCADR,CM49S0VILEP4 R.ZANIA CocirioNS INDKATEDDN.CR4WIN6 SYAR JASMINE I 4AL. 2.4,X P L. A Z A WAX OGOGO L V: s). • CAMOrr orry, too WOG i YLANIiiht"ter. Mil. • Irt"OLG"TOG 24,71 It, G. OM • 00SISS ITEM #31 8/22/06 DISCUSSION OF POTENTIALLY SETTING A JOINT MEETING DATE WITH THE NATIONAL SCHOOL DISTRICT TO DISCUSS "UNIFICATION" OF NATIONAL CITY SCHOOLS (COUNCIL INITIATED) City of National City, California COUNCIL AGENDA STATEMENT August 22, 2006 MEETING DATE AGENDA ITEM NO. 32 ITEM TITLE Citizen request for consideration of a discount fare program for seniors and disabled who\ use National City taxis. PREPARED BY Michael R. Dalla DEPARTMENT City Clerk EXT. EXPLANATION A few weeks ago I was contacted by Mr. George Cunningham, a National City resident, inquiring about the possibility of National City implementing a discount fare program for seniors and disabled who use National City Taxi's. Mr. Cunningham was familiar with similar programs in other cities and referred me to the City of Napa. I contacted the City of Napa to get additional information and was advised that the program has been in place for some time and is now administered by the Napa County Transportation Planning Agency (NCTPA). A NCTPA representative explained how the TDA funded program works and provided some written materials. In view of the fact that the City recently reclaimed administrative over site of National City taxi cab permits in order to provide better / more taxi service for our transit dependent population; a discounted fare program for seniors and disabled would seem like a natural compliment to those efforts. Mr. Cunningham requested that I bring this matter before the City Council for consideration. Attached you will find the materials provided by NCTPA. ( Environmental Review N/A MIS Approval Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Discuss and provide direction. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Program Materials provided by Napa County Transportation Planning Agency A-200 (Aev.7/03) NC TPA Napa County Transportation Planning Agency TAXI SCRIP PROGRAM 707 Randolpri'sitrNC Suite Napa. California Tel: (707) 2504831 Fax: (707) 250-8 As a potential user of the Taxi Scrip Program you have received this packet of materials that includes an application. The Taxi Scrip Program was started in the mid 1970's to provide transportation for seniors and disabled persons living in the cities of Napa and Yountville, and portions of the county (service area). The Taxi Scrip Program is operated by Napa County Transportation Planning Agency (NCTPA) and funded with local transportation funds. Eligible residents may use authorized taxicabs to travel anywhere within the service area, and beyond the service area to the Kaiser Hospital in Vallejo and St.. Helena Hospital. Taxicabs are available seven days a week; 24 hours a day. Eligible individuals must be a senior age 65 or older, ADA certified or disabled of any age. Seniors are required to . provide proof of aae. such as a copy of a Califomia driver's license. California identification Card or Medicare Card. ADA certified individuals must include a copy of their Napa County ADA ID Card. Disabled individuals are required to complete Part II of the Taxi Scrip Application evidencing their disability, signed by a California licensed medical professional. Additional eligibility information is provided in detail later in this packet. Taxi Scrip Program participants may purchase up to three books of scrip monthly at a cost of $10 per book. The actual scup ticket book value is $20, that's a 50% discount per book. Each book of scrip contains 20-$1 tickets. You are responsible to pay the amount on the taxi meter. Round up the cost of the trip to the nearest dollar when paying with scrip. Do not use scrip to tip the driver. Scrip books have an expiration date December 315`. Scrip is non-refundable and non- exchangeable, and you may not use scrip that has expired. Do not buy more scrip than you can use prior to the expiration date. We also invite you to consider using the VINE public transit system. All buses have lifts and some buses feature a "kneeling" ability that lowers the entry door to curb level. The cash fare on the VINE is $.50 for seniors and disabled, plus discount punch passes are available. You may call 707-251-2800 to leam more about the VINE. Or, if you like, Transit Ambassadors are available to work with you one-on-one to leam more about VINE bus routing, location of bus stops, how to read a bus schedule and much more. And it's free of charge. Contact NCTPA at 259-8327 for information about the Transit Ambassador Program. Return this application to the VINE Transit Center at 1151 Pearl Street, Napa CA 94559. You may include a check or money order, payable to 'Taxi Scrip Program', for your first month's purchase of Taxi Scrip along with your application and a self addressed stamped envelope (use two first class stamps when buying 3 taxi books). For more information about the Taxi Scrip Program Please call 251-2800 or 1-800-696-6443 TPA part I, Napa County 'Transportation Planning Agency 707 Randolph Street Suter Napa, Cauto►n4$ Tel: (707) 25941131 Fax: (707) 2011-sag TAXI SCRIP PROGRAM APPLICATION Name Address City, State, Zip Phone Date of Birth ❑ I am age 65 or older, or ❑ I have a disability (as defined in the attached Disabled Eligibility Guide'). The lower portion of this application must be completed by a licensed Califomia medical professional, or D I am ADA certified in Napa County: ADA # (provide a photocopy) Signature Date IMRE Part II (To be completed by a licensed medical professional in the State of California) After reviewing the attached Disabled Eligibility Guide, the person named herein meets one or more of the eligibility criteria as set fourth in Section number(s) found in the Disabled Eligibility Guide and the condition is permanent / temporary (circle one). If temporary, provide length of time Print or Type the name of Certifying Person Signature of Certifying Person Medical License Number Address City, State, Zip Phone Return this form to: VINE Transit Center, 1151 Pearl Street, Napa, CA 94559 For additional information call 251-2800 or 1-800-696-6443. Taxi Scrip Applications will be processed within 3 business days (excluding weekends) NC TPA Part I Napa County Transportation Planning Agency 707 Randolph-80yd SulteNa7 Tel: (707) 2894631 F�ax(770 2a64639 TAXI SCRIP PROGRAM: AUTHORIZATION FORM Name of Eligible Buyer Address City, State, Zip Phone I hereby authorize the following individual(s) to purchase my Taxi Scrip or Bus Pass for me when _I am unable to purchase these items myself. I understand that only the name(s) shown below may purchase Taxi Scrip or a Bus Pass on my behalf. I further understand that this form must. be renewed every two years. If changes occur before my renewal is due, I am responsible to update my Taxi Scrip Program Authorization Form. Signature Date Part II The individual(s) listed below have agreed to become an Authorized Buyer and acknowledge that they will show a photo ID when making a Taxi Scrip or Bus Pass purchase on my behalf. Failure to offer their photo ID may possibly revoke their authorization status. NCTPA is not responsible should the Authorized Buyer fail to deliver the purchased item(s) to the Eligible Buyer. Eligible Buyers and Authorized Buyers must provide their California Driver's License or Califomia ID Card number and a local telephone number on personal checks when purchasing by US Mail or in person at the VINE Transit Center. 1. Name of Authorized Buyer Address City, State, Zip Phone 2. Name of Authorized Buyer Address City, State, Zip Phone Return this form to: VINE Transit Center, 1151 Pearl Street, Napa CA 94559 For additional INFORMATION call 251-2800 or 1-800-696-6443 apa County rtation Planning Agency TAXI SCRIP PROGRAM Disabled Eligibility Guide 707 Randolph Strata Salts Nat*, California =416' Tel:1707) RA8.8831 Fax (707) sse.asae Taxi Scrip Program discount fares are available to persons with disabilities who are certified by a licensed medical professional (Califomia) as meeting definitions described in this guide. Follow the procedures below. 1. Determine if the disability is permanent or temporary. 2. For a temporary disability, provide duration. (Example: 5 weeks, 3 months, etc.) 3. Complete in full Part II of the Taxi Scrip Program Application. 4. Retum the Taxi Scrip Program Application to: VINE Transit Center, Attn: Taxi Scrip Program, 1151 Pearl Street, Napa, CA 94559. MI II Section 1 Mobility Aids Impairments that causes an individual to use a mobility aid, with the exception of a 3 or 4 wheel scooter. Wheelchair users must be transferable. Section 2 Musculo-skeleta Musculo-skeleta impairment such as muscular dystrophy, osteogenesis imperfecta or rheumatism restrictions; such as therapeutic Grade III, functional Class III or anatomical State III. Section 3 Amputation Amputation disability or anatomical deformity of: (1) both hands; or (2) one hand and one foot; or amputation of lower extremity at or above the tarsal region of one or both legs. (Loss of major function due to degenerative changes associated with vascular or neurological deficits; traumatic loss of muscle mass or tendons and X-Ray evidence of body or fibrous ankylosis at an unfavorable angle, joint subluxation or instability). Section 4 Stroke Cerebrovascular accident with one of the following: (1) Pseudobular Palsy; or (2) functional motor deficit in any oftwo extremities; or (3) Ataxia affecting two extremities substantiated by appropriate cerebellar signs or proprioceptive Toss. Section 5 Pulmonary Respiratory impairments of Class 3 or greater. Section 6 Cardiac Cardiovascular impairments of functional Class III, IV or therapeutic Class C, D or E. Section 7 Dialysis Individuals whose disability requires the use a kidney dialysis machine. Section 8 Vision Individuals whose vision in the better eye, after best correction, is 20/200 or less; or those individuals whose visual field is contracted (commonly known as tunnel vision). Napa County Transportation Planning Agency 707 Randolph Strut suite mia Tel: (707) 21 .8131Napa, CaNfoFax: (707) 260-Sti$s Disabled Eligibility Guide, continued.... Section 9 Hearing Deafness or hearing incapacity that makes an individual unable to communicate or hear warning signals (hearing loss is 70 dba or greater in the 500, 1000, 2000 Hz. ranges). Section 10. Incoordination Individuals suffering faulty coordination of palsy from brain, spinal or peripheral nerve injury; and any person with a functional nerve injury; and any person with a functional motor deficit in any two limbs; or who suffers manifestations that significantly reduce mobility, coordination and perceptiveness not accounted for in previous categories. Section 11 Developmental Disability Refers to subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior. Section 12 Cerebral Palsy A disorder dating from birth or early infancy, nonprogressive, although if not treated there is marked regression in functioning characterized by examples of aberrations of motor functions and often other manifestations of organic brain damage such as sensory disorders, seizures, mental retardation, leaming difficulty and behavioral disorders. Section 13 Epilepsy/Convulsive Disorder A disorder involving impairment of consciousness, characterized by major motor seizures substantiated by EEG, occurring more frequently than once a month in spite of prescribed treatment. Section 14 Infantile Autism A syndrome described as consisting of withdrawal, very inadequate social relationships, language disturbance and monotonously repetitive motor behavior. Section 15 Neurological Disabilities A syndrome characterized by teaming, perpetual and/or behavioral disorders of an individual who's IQ is not less than two standard deviations below the norm. These characteristics exist as a result of brain dysfunctions, neurological disorder, or any damage to the central nervous system, whether due to genetic, hereditary, accident or illness factors. Includes persons with severe gait problems who are restricted in mobility. Section 16 Mental Disorders Mental impairment substantially limiting one or more of major life activities. Section 17 Chronic Progressive Debilitating Disorders Section 18 DMV Handicap Placard Individuals possessing a DMV Handicap placard ID card are eligible. A photocopy of their DMV placard is required. Napa County Transportation Planning Agency Taxi Scrip Program 707 Randopb stwit suns Napa, California 94 Tel: (707) 259-8831 Fax: (707) 288S938 BILL OF RIGHTS & RESPONSIBILITIES 1. You have the RIGHT to be charged the same fare as all other taxi passengers. 2. You have the RIGHT to tip or not tip the taxi driver. You may not tip taxi drivers with Taxi Scrip. 3. If the fare is less than an even dollar amount, you have the RIGHT to get change back if you do not want to tip the driver. 4. You have the RIGHT to travel with a companion(s) and pay only one fare (no matter how many people took the same ride.) 5. You have the RIGHT to prompt, courteous and safe service. 6. You have the RIGHT to use any participating taxi company you wish. 7. You have the RESPONSIBILITY not to lend, sell or give away your Taxi Scrip to anyone. 8. You have a RESPONSIBILITY to use your Taxi Scrip before it expires. Scrip expires December 31st each year. Refunds nor exchanges of expired scrip are allowed. You have a RESPONSIBILITY not to abuse the Taxi Scrip Program. The taxi drivers may not make out -of -area trips for you, make deliveries or allow someone else to use your scrip. 10. You have a RESPONSIBILITY to keep track of your scrip — remember, it's the same as cash! 11. You have a RESPONSIBILITY to report any instance of abuse, unsafe taxi conditions, fraud or other problems you experience or observe. 12. You have a RESPONSIBILITY to inform the Taxi Scrip Program office of any changes: new address or telephone, Authorized Buyer(s), your eligibility status, etc. For additional INFORMATION call 251-2800 or 1-800-696-6443 Taxi Scrip By Ma w co Authorized Buyer's Name Authorized User's Name User's Address NQ. Alternate Phone ❑ 3 books ($30) ❑ 2 books ($20) 0 0 0 r- 0 0 vo My check is enclosed for $ Avoid standing in line and last-minute worries. Buy Taxi Scrip by mail to save time. Eligibility Eligible users must be age 65 or older, or a person of any age with a disability and live in the cities of Napa or Yountville or the unincorporated areas between Napa and Yountville. How to register to use taxi scrip To register for the Taxi Scrip Program call (707) 255-7631 for an application. How Taxi Scrip Program works One book of taxi scrip costs you $10, but it's worth $20 in regular taxi fares. The Taxi Scrip Program saves you 50%. You may purchase a maximum of three books each month (for a total of $30). Use the scrip to pay the fare. If your fare is less than an even dollar amount, you may request your change back if you do not want to tip. You may use scrip for tipping, but it is not recommended. Taxi Scrip expires yearly on December 31st. You cannot use scrip past its expiration date, which is printed on the front cover. NO EXCHANGES, NO REFUNDS. Service Area • Napa City Limits • Yountville City Limits • County area between Napa & Yountville • Kaiser Hospital in Vallejo • St. Helena Hospital Service Hours Taxicabs are available seven days a week, 24 hours a day. Taxi Companies Black Tie Taxi (707) 259-1000 Napa Valley Cab (707) 257-6444 North Bay Taxi (707) 257-6200 Napa Yellow Cab (707) 226-3731 Eligibility Eligible users must be age 65 or older, or a disabled person of any age, and live In the cities of Napa and Yountville, or the unincorpo- rated areas between Napa and Yountville. How to Register to use Service: To register for the Taxi Scrip Program call (707) 251-2800 for an applica- tion. How to Buy Taxi Scrip:. Purchase taxi scrip by mail or at the VINE Transit Center. By Mail: Send check or money or- der and a self addressed stamped envelope to - Taxi Scrip Program, 1151 Pearl St., Napa CA 94559. Cash is not accepted by mail. VINE Transit Center: Visit 1 151 Pearl Si. In Napa. Hours are Mon -Fri from 7:30 am to 5:30 pm and 10 am - 2 pm on Sat. Cash, checks, VISA, MasterCard, and money orders are accepted. No ATM's. 5crip Progro, �� tw Taxi Companies Black Tie Taxi Napa Valley Cab North Bay Taxi Yellow Cab (707) 259-1000 (707) 257-6444 (707) 257- 6200 (707) 226-3731 Service Area • • • • • Napa city limits Yountville city limits County area between the cities of Napa & Yountville Kaiser Hospital, Vallejo St. Helena Hospital Service Hours Taxicabs are available seven days a week, 24 hours a day. NC TPA www. nctpa. net NATIONAL • CITY •TRANSIT MONTHLY REPORT AUGUST-06 Technoloev ITEM #33 8/22/06. Our new proximity card access system using NCT/CIP funds installed by California Commercial Security (CCS) is fully operational and represents a major improvement in our facility security. It also has the capability to utilize existing facility cameras and we will be exploring that option in the near future. This system is also compatible with the MTS card system and could allow for mutual access to facilities and resources by NCT/MTS employees during an emergency. We have scheduled an August upgrade for our GFI farebox and computer software using NCT/MTS CIP funds that will allow better collecting, security and analysis of fare and ridership data and are also working with SANDAG to upgrade our fareboxes to utilize smart card fare media. NCT is continuing to work on various projects including placement of Real Time video cameras along a NCT bus route, Automatic Vehicle locators (AVL) and Transit TV to be installed on our vehicles. We have also requested $100,000 MTS CIP funding in FY08 for security camera projects at 24th Street Trolley/Bus Station and $100,000 in FY09 at 8th StreetTrolleyBus Station. PERFORMANCE ONTH Ridership: Passengers per mi. Passengers per hr. Revenue miles: Revenue Hours: Fare Box recovery DIVIDENDS JULY-05 134,389 3.47 39.81 38,700 3,376 64.1% ** Data delayed due to submission dates PERFORMANCE DIVIDENDS MONTH Road Calls Preventable Accidents Ramp deployments Our on -time performance Customer Complaints Customer Compliments JUNE-06 JULY-06 FY-05 FY-06 Var. 141,611 134,756 1,633,113 1,691,913 3.60% 3.62 3.59 3.43 3.56 3.79% 40.79 39.91 39.08 40.98 4.86% 39,104 37,582 475,769 474,965 3,471 3,376 41,781 41,284 23.9% N/A** 44.7% 41.6% -3.1% JULY-05 JUNE-06 JULY-06 FY-05 02 08 04 64 01 01 01 14 520 621 561 6,600 91.7% 91.3% 91.9% 90.5% 02 02 01 36 01 0 0 15 FY-06 25 06 7,110 92.8% 21 10 Var. -60.9% -57.1% 7.72 % 2.54% -41.6% -33.3% Maintenance: vehicles used 12,975 gallons of low sulfur diesel fuel in July. The average price per gallon was proximately $2.34 compared to $2.33 in June. NCT maintenance personnel performed 11 Preventative Maintenance Inspections (PMI's) and completed 29 minor repairs consisting of batteries, A/C belts, valves, tires, sensors and A/C systems. 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT 1 We also completed 13 major repairs consisting of front brakes, A/C rebuild, ICV replacement, air mpressors, fuel pumps, thermostat and injectors to our fleet vehicles in July. staff Training: I and two other NCT staff participated in the recent NC EOC tabletop exercise (TTX) held July 26th at the MLK. This exercise focused on the NC "Cities Readiness Initiative" (CRI). MTS-COA NCT is currently working very closely with MTS staff to coordinate NCT-COA route changes scheduled for January 2007. This most likely will mean an increase in drivers, staff and Revenue vehicles. We are also taking a very pro active role in distributing information to our community to make the new routes and changes go as smoothly as possible. MTS staff are scheduled to present information at the NC Senior Nutrition Center on Sept 6th at 1:OOpm and NCT will have staff available as well to answer any questions regarding our existing service. Due to the complexity of this restructuring, a phased implementation is appropriate to ensure that implementation is manageable and rider confusion is minimized. The next major service change is scheduled for September-06. More information is available on line at www.sdcommute.com NCT participates and is a member of many standing Transportation Committees at MTS and SANDAG such as the Transit Services and Facilities Advisory Committee (TSFAC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), and South County EDC Transportation Committee. T is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I serve on the Chamber Executive Board as the 2005 Past President. I am also a participant on the NCPD Chief of Police advisory and procedures and policies committees and have accepted a volunteer position on the Board of Directors for Morgan Square (PBID). Community Collaboration NCT is scheduled to distribute our System & Community information utilizing our trailers at the NC Auto Heritage Day, Relay for life, and Taste of NC in August. NCT is committed to working with the National City Community and residents through direct participation in Community projects .and organizations or as volunteers. NCT is willing to evaluate and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. bmitt d: Aug 7th, 2006 ruhn P. Webs)ter Sr. Vice President -General Manager National City Transit 2 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■Jan-06 ❑Feb-06 ❑Mar-06 ■Apr-06 ■May-06 ■Jun-06 ■Jul-06I 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP FY06 ■Jul-05 E Aug-05 ■ Sep-05 ■ Oct-05 ❑ Nov-05 ■ Dec-05 ■ Jan-06 ❑ Feb-06 ❑ Mar-06 'Apr-06 111May-06 ■ Jun-06_l City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 34 (-ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO1-- THE PERIOD OF 07/19/06 THROUGH 08/03/06 OF $3,906,561 PREPARED BY Margarita L. Garcia 'c' Associate Accountant DEPARTMENT CDC— Finance 619-336-4269 EXPLANATION See attached report. Environmental Review ✓ N/A Financial Statement Total expenditures for the period of 07/19/06 THROUGH 08/03/06 amount to $3,906,561. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 07/19/06 through 08/03/06 A-200 (9/80) FOR MEETING OF AUGUST 22, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 07/19/06 - 08/03/06 Chk No Amount CDC AT SYSTEMS WEST, INC. BEST BEST & KRIEGER CHICANO PERK CHRISTENSEN SCHWERDTFEGER CITY TREASURER CORPORATE EXPRESS INC FEDERAL EXPRESS FOLEY & LARDNER GEOSYNTEC CONSULTANTS KEYSER MARSTON ASSOCIATES, INC LASER SAVER, INC. LUNA, MARGARITA OPPER & VARCO LLP PROJECT DESIGN CONSULTANTS STATE COMPENSATION INSURANCE UNION TRIBUNE VERIZON WIRELESS GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES OVERLAND PACIFIC & CUTLER, INC SAN DIEGO GAS & ELECTRIC STATE OF CALIFORNIA CONRAD AND ASSOCIATES, LLP CORPORATE EXPRESS INC DPRA INC. GE CAPITAL GEOSYNTEC CONSULTANTS INFRASTRUCTURE ENGINEERING LAW OFFICE OF DON DETISCH MAYER REPROGRAPHICS, INC. NATIONAL CITY CHAMBER OF COMMERCE NATIONAL CONSTRUCTION RENTALS NEW CITY AMERICA, INC. PURCHASE POWER SAN DIEGO DAILY TRANSCRIPT THE STAR NEWS THE BANK OF NEW YORK DEUTSCHE BANK TRUST COMPANY DEUTSCHE BANK TRUST COMPANY NUTRITION AT SYSTEMS WEST, INC. CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL. SUPPLIES, INC PRO -EDGE KNIFE SIERRA SPRINGS SYSCO SAN DIEGO TR PRODUCE, INC. FINANCIAL INDEMNITY COMPANY AIRGAS - WEST CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION CITY OF NATIONAL CITY JOSEPH WEBB FOODS KELLY CHULA VISTA MCGUIRE DISTRIBUTION FUEL & IAB FOR ARMORED CAR FOR 06/06 LEGAL SERVICE FOR TIGER TRUST CONSUMABI ES FOR HIGHLAND AVENUE MEETING LEGAL SERVICES FOR CDC OWNED PROPERTIES EMPLOYEE SERVICES FOR 2ND QTR FY 06 CDC OFFICE SUPPLIES REDEVELOPMENT FEDEX SERVICE LEGAL SERVICES FOR VARIOUS PROJECTS ENVIRONMENTAL CONSULTING -PACIFIC STEEL ANALYSIS FOR AFFORDABLE HOUSING PROJECTS REPAIR OF HP 4100 LASERJET PRINTER -CDC FINANCE UNDERPAYMENT OF REIMBURSEMENTCK#16253 LEGAL SERVICES FOR VARIOUS PROJECTS ENGINEERING SERVICES-I4TH-18TH ST WORKERS' COMP FOR 06/06 ADVERTISEMENT OF CDC RFQ CDC CELL PHONE CHARGES THRU 07/23/06 PROF SERVICES FOR THE COVE @ SD BAY ENGINEERING SERVICES FOR VARIOUS PROJECTS PACIFIC VIEW ESTATES RELOCATION ASSISTANCE UTILITIES AT 921 AVE THRU 07/18/06 SDI-2ND QTR FY 2006 CDC AUDIT FOR FY 2006 CDC OFFICE SUPPLIES ENVIRONMENTAL CONSULTING -EPA GRANT CDC COPIER LEASE FOR 08/06 ENVIRONMENTAL CONSULTING -PARK VILLAGE ENGINEERING - DOWNTOWN SPECIFIC PLAN LEGAL SERVICES FOR VARIOUS PROJECTS FOODLAND SPECS & PLANS FOR BIDDING SDSU BUSINESS CONSULTING PRESENTATION FENCING AT MRW HOTEL SITE HABA-ASSESSMENT DISTRICT CONSULTING POSTAGE METER REFILL THRU 07/24/06 TRANSCRIPT FOODLAND BIDDING NOTICE FOODLAND BIDDING NOTICE 1999 TAX ALLOCATION HOUSING BONDS-8/1/06 PAYMENT 2004 TAB SERIES A -DEBT SERVICE PAYMENT 08/01/2006 2005 TAB SERIES A&B-DEBT SERVICE PAYMENT 08/1/2006 SUBTOTAL - CDC: FUEL & IAB FOR ARMORED CAR FOR 06/06 NCNP FOOD NCNP FOOD NCNP FOOD/CONSUMABLES NCNP FOOD NCNP CONSUMABLES NCNP CONSUMABLES NCNP CONSUMABLES NCNP FOOD NCNP FOOD/CONSUMABLES NCNP FOOD NCNP AUTO INSURANCE NCNP- CONSUMABLES NCNP - FOOD NCNP - FOOD NCNP VEHICLE SERVICES NCNP - CONSUMABLES/FOOD NCNP OFFICE SUPPLIES NCNP - FOOD 16283 2.36 16284 178.35 16287 285.00 16288 715.50 16289 27,801.88 16290 537.76 16291 27.26 16292 5,747.50 16293 749.11 16295 3,122.52 16296 564.66 16297 36.00 16300 6,921.90 16303 54,506.11 16305 4,251.84 16308 1,459.50 16309 459.27 16311 4,223.43 16312 4,027.00 16313 1,568.75 16314 93.73 16315 2,332.46 16320 1,000.00 16321 110.83 16322 1,520.00 16323 206.60 16324 3,586.68 16325 20,440.00 16328 5,018.65 16329 913.64 16332 280.00 16333 649.20 16334 4,060.00 16336 1,008.49 16338 464.00 16342 650.88 WIRE 188,108.04 WIRE 368,256.25 WIRE 2,446,596.50 3,162,481.65 16283 26.81 16285 196.60 16286 1,081.44 16294 1,729.03 16298 579.15 16299 83.26 16301 938.57 16302 40.00 16304 43.00 16306 1,577.14 16307 312.07 16310 63.06 16316 20.10 16317 131.60 16318 1,137.09 16319 673.79 16326 1,446.17 16327 77.52 16330 244.10 Payee MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC REED'S RESTAURANT EQUIP. SVC. SAN DIEGO GAS & ELECTRIC SANCHEZ, MANUEL SYSCO SAN DIEGO TR PRODUCE, INC. FOR MEETING OF AUGUST 22, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 07/19/06.08/03/06 Description NCNP -CONSUMABLES NCNP-CONSUMABLES NCNP EQUIPMENT REPAIRS NCNP UTILITIES THRU 07/18/06 MILEAGE REIMBURSEMENT FOR 07/06 NCNP - CONSUMABI.FS/FOOD NCNP - FOOD SUBTOTAL - NUTRITION: TOTAL -GENERAL FUND: Chk No Amount 16331 43.45 16335 359.24 16337 329.04 16339 2,475.99 16340 34.26 16341 1,017.78 16343 329.65 $14,989.91 $3,177,47136 HOUSING ASSISTANCE PAYMENTS FAIR HOUSING COUNCIL OF SD STATE COMPENSATION INSURANCE VERIZON WIRELESS ARROWHEAD MTN SPRING WTR CO. CORPORATE EXPRESS INC GMAC MORTGAGE PURCHASE POWER XEROX CORPORATION PAYROLL AUGUST 2006 & MANUAL PAYMENTS FAIR HOUSING SERVICES FOR 4TH QTR FY 06 WORKERS' COMP FOR 06/06 CDC CELL PHONE CHARGES THRU 07/23/06 S8 WATER SERVICE FOR 07/06 S8 OFFICE SUPPLIES S8 OFFICE RENT FOR 08/06 POSTAGE METER REFILL THRU 07/24/06 S8 COPIER LEASE FOR 08/06 TOTAL - SECTION 8: PPE 07/17/2006 TOTAL - ADMINISTRATIVE REVOLVING FUND: TOTAL OF ALL FUNDS: $626,892.06 10244 7,750.00 10245 893.94 10246 219.96 10247 34.47 10248 181.56 10249 3,527.50 10250 1,008.50 10251 435.15 $640,943.14 $88,146.28 $88,146.28 $3,906,560.98 2 Community Development Commission Of the City of National City COUNCIL AGENDA STATEMENT MEETING DATE: AUGUST 22, 2006 AGENDA ITEM NO. 35 ITEM TITLE: RESOLUTION NO 2006- :APPROVING THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) FOR FISCAL YEAR ENDING JUNE 30, 2006 AND AUTHORIZING THE SUBMITTAL OF THE SEMAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. PREPARED BY: Hermi Oliveria, r DEPARTMENT CDC - Section 8 Rental Housing Programs Manager Assistance Division (619) 336-4259 EXPLANATION Refer to Staff Recommendation Below. J Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION 1. ADOPT Resolution No. 2006 - approving the Section 8 Management Assessment Program (SEMAP); and 2. AUTHORIZE the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) ,EXHIBIT 1: BACKGROUND REPORT XHIBIT 2: RESOLUTION NO. 2006 - EXHIBIT 3: SEMAP CERTIFICATION Resolution No. / RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) FOR FISCAL YEAR ENDING JUNE 30, 2006, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT THE ANNUAL SEMAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on September 10, 1998, the U.S. Department of Housing and Urban Development (HUD) published its final rule for the Section 8 Management Assessment Program (SEMAP) which took effect on October 13, 1998; and WHEREAS, SEMAP provides for the objective measurement of the performance of a Public Housing Agency (PHA) in key areas of the Section 8 tenant -based rental assistance program; and WHEREAS, the SEMAP requires a Public Housing Agency (PHA) who administers Section 8 Tenant -based rental assistance programs to annually submit a SEMAP certification form. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Section 8 Management Assessment Program (SEMAP), and authorizes the Executive Director to submit the SEMAP certification form to the U.S. Department of Housing and Urban Development. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Community Development Commission Of the City of National City August 22, 2006 AGENDA ITEM NO. _ EXHIBIT # 1 Background Report: On September 10, 1998, the U.S. Department of Housing and Urban Development (HUD) published its final rule for the Section 8 Management Assessment Program (SEMAP), which took effect on October 13, 1998. SEMAP provides for the objective measurement of the performance of a public housing agency (PHA) in key areas of the Section 8 tenant based assistance program. SEMAP enables HUD to ensure program integrity and accountability identifying PHA management capabilities and deficiencies and by improving risk assessment to effectively target monitoring and program assistance. PHAs' can use SEMAP performance analysis to assess their own program operations. The SEMAP Indicators Report provides information on families participating in the Section 8 Housing Choice Voucher Program. The report is one of the several inputs used to derive a score and rating for PHAs as it relates to SEMAP certification. The SEMAP requires a PHA who administers Section 8 tenant -based assistance programs to submit annually a SEMAP certification form. On August 2, 2006, the Community Development Commission of National City (CDC) submitted its SEMAP certification report to HUD. The CDC has been rated a high performing PHA for the last four consecutive years. The Section 8 Rental Assistance Program has a current lease -up rate of 100%. With National City's population of 63,000, there are 1,058 low-income families that are receiving rental assistance through the program and 2,585 waiting to be assisted. Housing staff continues to conduct initial eligibility determination to replace program's attrition. To be eligible to the program, an applicant must either reside or work in the jurisdiction of the City Of National City and be a very low-income household. In addition, applicants that are elderly, disabled, or families with dependent children are given a higher priority in the waiting list. Below is the breakdown of participants .and applicants to the program as of July 1, 2006: EXHIBIT "1" RACE PARTICIPANTS APPLICANTS White 867 1975 Black/African American 89 258 American Indian / Alaska Native 5 24 Asian 93 288 Native Hawaiian / other Pacific Islander 4 40 TOTAL 1058 2585 ETHNICITY PARTICIPANTS APPLICANTS Hispanic 822 1952 Non Hispanic 236 633 TOTAL 1058 2585 Elderly 385 407 Disabled 240 567 Families with Children 433 1611 TOTAL 1058 2585 EXHIBIT "1" 2 SEMAP Certification Page 1 of 3 PIC Home PIC Main Logoff Help Desk Guided Tour SEMAP HUD HOME PIH HOME Q SA SEARCH t INDEX E-MAIL Subnfiss� List Summary Certification Profile Field Office: 9DPH LOS ANGELES HUB OFFICE Housing Agency: CA116 National City PHA Fiscal Year End: 6/30/2006 Comments OMB Approval No. 2577-0215 SEMAP CERTIFICATION (Page 1) Public reporting burden for this collection of information is estimated to average 12 hours per response, induding the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.This agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency (PHA) administering a Section 8 tenant -based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns the performance of the PHA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and other data to assess PHA management capabilities and deficiencies, and to assign an overall performance rating to the PHA. Responses are mandatory and the information collected does not lend itself to confidentiality. Check here if the PHA expends less than $300,000 a year in federal awards r Indicators 1 - 7 will not be rated if the PHA expends Tess than $300,000 a year in Federal awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. A PHA that expends less than $300,000 in Federal awards in a year must still complete the certification for these indicators. Performance Indicators 1 Selection from Waiting List (24 CFR 982.54(d)(1) and 982.204(a)) a. The HA has written policies in its administrative plan for selecting applicants from the waiting list. PHA Response Yes b. The PHA's quality control samples of applicants reaching the top of the waiting list and admissions show that at least 98% of the families in the samples were selected from the waiting list for admission in accordance with the PHA's policies and met the selection criteria that determined their places on the waiting list and their order of selection. PHA Response Yes 2 Reasonable Rent (24 CFR 982.4, 982.54(d)(15), 982.158(f)(7) and 982.507) a. The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units (i) at the time of initial leasing, (ii) before any increase in the rent to owner, and (iii) at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA's method takes into consideration the location, size, type, quality, and age of the program unit and of similar EXHIBIT "3" httos://pic.hud.gov/oic/seman/smnassessmentcertification.aso 8/3/2006 SEMAP Certification Yage l of 3 unassisted units and any amenities, housing services, maintenance or utilities provided by the owners. PHA Response Yes b. The PHA's quality control sample of tenant files for which a determination of reasonable rent was required to show that the PHA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one): PHA Response At least 98% of units sampled 3 Determination of Adjusted Income (24 CFR part 5, subpart F and 24 CFR 982.516) The PHA's quality control sample of tenant files show that at the time of admission and reexamination, the PHA property obtained third party verification of adjusted income or documented why third party verification was not available; used the verified information in determining adjusted income; properly attributed allowances for expenses; and, where the family is responsible for utilities under the lease, the PHA used the appropriate utility allowances for the unit leased in determining the gross rent for (check one): PHA Response At least 90% of files sampled 4 Utility Allowance Schedule (24 CFR 982.517) The PHA maintains an up-to-date utility schedule. The PHA reviewed utility rate data that it obtained within the last 12 months, and adjusted its utility allowance schedule if there has been a change of 10% or more in a utility rate since the last time the utility allowance schedule was revised. PHA Response Yes 5 HQS Quality Control (24 CFR 982A05(b)) The PHA supervisor (or other qualified person) reinspected a sample of units during the PHA fiscal year, which met the minimum sample size required by HUD (see 24 CFR 985.2), for quality control of HQS inspections. The PHA supervisor's reinspected sample was drawn from recently completed HQS inspections and represents a cross section of neighborhoods and the work of cross section of inspectors. PHA Response Yes 6 HQS Enforcement (24 CFR 982.404) The PHA's quality control sample of case files with failed HQS inspections shows that, for all cases sampled, any cited life -threatening HQS deficiencies were corrected within 24 hours from the inspection and, all other cited HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any PHA -approved extension, or, if HQS deficiencies were not corrected within the required time frame, the PHA stopped housing assistance payments beginning no later than the first of the month following the correction period, or took prompt and vigorous action to enforce the family obligations for (check one): PHA Response At least 98% of cases sampled 7 Expanding Housing Opportunities. (24 CFR 982.54(d)(5), 982.153(b)(3) and (b)(4), 982.301(a) and 983.301(b)(4) and (b)(12)) Applies only to PHAs with jurisdiction in metropolitan FMR areas Check here if not applicable r https://p:ic,hud„gov/pic/semap/smpassessmentcertification.asp 8/3/2006 SEMAP Certification Page 3 of" 3 a. The PHA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineates areas in its jurisdiction that the PHA considers areas of poverty or minority concentration, and which includes actions the PHA will take to encourage owner participation. PHA Response Not Applicable b. The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of poverty and minority concentration. PHA Response Not Applicable c. The PHA has prepared maps that show various areas, both within and neighboring its jurisdiction, with housing opportunities outside areas of poverty and minority concentration; the PHA has assembled information about job opportunities, schools and services in these areas; and the PHA uses the maps and related information when briefing voucher holders. PHA Response Not Applicable d. The PHA's information packet for certificate and voucher holders contains either a list of owners who are willing to lease, or properties available for lease, under the voucher program, or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration. PHA Response Not Applicable e. The PHA's information packet includes an explanation of how portability works and includes a list of neighboring PHAs with the name, address and telephone number of a portability contact person at each. PHA Response Not Applicable f. The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and, where such difficulties were found, the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts in any part of its jurisdiction and has sought HUD approval when necessary. PHA Response Not Applicable Page 1 of 2 Go to Comments https://pic.hud.gov/pic/semap/smpassessmentcertification.asp 8/3/2006 SEMAP Certification Page 1 of 3 PIC Home PIC Main Logoff Help Desk Guided Tour SEMAP HUD HOME PIN HOME Q & A SEARCH I INDEX E•MAIL Submission List Summary Certification Profile Field Office: 9DPH LOS ANGELES HUB OFFICE Housing Agency: CA116 National City PHA Fiscal Year End: 6/30/2006 SEMAP CERTIFICATION (Page 2) Comments Performance Indicators 8 Payment Standards(24 CFR 982.503) The PHA has adopted current payment standards for the voucher program by unit size for each FMR area in the PHA jurisdiction and, if applicable, for each PHA -designated part of an FMR area, which do not exceed 110 percent of the current applicable FMR and which are not Tess than 90 percent of the current FMR (unless a lower percent is approved by HUD). (24 CFR 982.503) PHA ResponseYes FMR Area Name San Diego -Carlsbad -San Marcos FMR 1 of 1 Enter current FMRs and payment standards (PS) 0-BR FMR 836 1-BR FMR 954 2-BR FMR 1158 3-BR FMR 1688 4-BR FMR 2036 PS 822 PS 939 PS 1158 PS 1636 PS 1928 If the PHA has jurisdiction in more than one FMR area, and/or if the PHA has established separate payment standards for a PHA -designated part of an FMR area, add similar FMR and payment standard comparisions for each FMR area and designated area. 9 Timely Annual Reexaminations(24 CFR 5.617) The PHA completes a reexamination for each participating family at least every 12 months.(24 CFR 5.617) PHA Response Yes 10 Correct Tenant Rent Calculations(24 CFR 982, Subpart K) The PHA correctly calculates tenant rent in the rental certificate program and the family rent to owner in the rental voucher program (24 CFR 982,Subpart K) PHA Response Yes 11 Pre -Contract HQS Inspections(24 CFR 982.305) Each newly leased unit passes HQS inspection before the beginning date of the assisted lease and HAP contract.(24 CFR 982.305) PHA Response Yes 12 Annual HQS Inspections(24 CFR 982.405(a)) The PHA inspects each unit under contract at least annually (24 CFR 982.405(a)) PHA Response Yes 13 Lease -Up The PHA executes assistance contracts on behalf of eligible families for the number of units that has been under budget for at least one year. The PHA executes assistance contracts on behalf of eligible families for the number of units that has been under budget for at least one year PHA Response Yes EXHIBIT "3" https://pic.hud.gov/pic/semap/smpassessmentcertificationcontd.asp 8/3/2006 SEMAP t:.erri:tncation 'age 2 of 3 14 IFamiy Self -Sufficiency (24 CFR 984.105 and 984.305) 14a.Family Self -Sufficiency Enrollment. The PHA has enrolled families in FSS as required. Applies only to PHAs required to administer an FSS program. Check here if not applicable l a. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through 10/20/1998. Exclude unfits funded in connection with Section 8 and Section 23 project -based contract terminations; public housing demolition, disposition and replacement; HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3); and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10/21/1998.) Or, Number of mandatory FSS slots under HUD -approved exception (If not applicable, leave blank) b. Number of FSS families currently enrolled c. Portability: If you are the initial PHA, enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled (b+c divided by a) (This is a nonenterable field. The system will calculate the percent when the user saves the page) 14b. Percent of FSS Participants with Escrow Account Balances.The PHA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances.(24 CFR 984.305) Applies only to PHAs required to administer an FSS program Check here if not applicable i✓ PHA NA Response Portability: If you are the initial PHA, enter the number of families with FSS escrow accounts currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA 15 Deconcentration Bonus The PHA is submitting with this certification data which show that : Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable (1) Half or more of all Section 8 families with children assisted by the PHA in its principal operating area resided in low poverty census tracts at the end of the last PHA FY; (2) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area during the last PHA FY is atleast two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the last PHA FY; or (3) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area over the last two PHA FY is at least two percentage ht ps://pic.hud.gov/pic/semap/smpassessmentcertificationcontd.asp 8/3/2006 SEMAP Certification Page 3 of 3 points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the second to last PHA FY. PHA Response No Go to Comments Back to Pagel https://pic.hud.gov/pic/semap/smpassessmentcertificationcontd.asp 8/3/2006 MEETING DATE: August 22, 2006 Community Development Commission Of the City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 36 ITEM TITLE: RESOLUTION NO. 2006- : AUTHORIZING THE EXECUTIVE DIRECTOR EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMU- NITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE CITY OF NATIONAL CITY, TO PROVIDE COMPUTER MATCH SERVICES FOR THE SECTION 8 RENTAL ASSISTANCE PROGRAM PREPARED BY: Hermi Oliveria, \ DEPARTMENT CDC - Section 8 Rental Housing Programs Manager Assistance Division EXPLANATION Refer to Staff Recommendation Below. Environmental Review X N/A Financial Statement Funds for this service will be available from the Section 8 Rental Assistance Program. Payment for this service not to exceed $25,000 per year. 1 STAFF RECOMMENDATION ADOPT Resolution No. 2006- , authorizing the Executive Director to execute an Amendment to the Memorandum of Understanding between the Community Development Commission of the City of National City and the City of National City, to provide COMPUTER MATCH SERVICES for the Sec- tion 8 Rental Assistance Program BOARD/COMMISSION RECOMMENDATION N/A J ATTACHMENTS (Listed Below) _xhibit 1 - Resolution No. 2006 - Exhibit 2 - Amendment to Memorandum of Understanding Exhibit "A" : 1996 MOU with NCPD Exhibit "B" : 2003 MOU with City of National City for NCPD Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE CITY OF NATIONAL CITY TO PROVIDE COMPUTER MATCH SERVICES FOR THE SECTION 8 RENTAL ASSISTANCE PROGRAM WHEREAS, the Community Development Commission of the City of National City (CDC) requires the services of the National City Police Department (NCPD) to provide services to assist in the administration of the CDC's Section 8 Rental Assistance Program; and WHEREAS, the NCPD is the most qualified and experienced to provide the services required by the CDC. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Executive Director to execute an Amendment to Memorandum of Understanding with the City of National City to provide Computer Match Services for the CDC's Section 8 Rental Assistance Program. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE CITY OF NATIONAL CITY This Amendment to Agreement is entered into this 1st day of July, 2006, by and between the Community Development Commission of the City of National City, a municipal corporation ("CDC"), and the City of National City, a municipal corporation, ("City"). RECITALS A. The CDC and the City entered into an agreement on July 1, 2003, ("the MOU") wherein the City agreed to provide computer match inquiries for the Section 8 Rental Assistance Division. B. The parties desire to amend sections 2 (i) and 2 (iv) of the Memorandum of Understanding NOW, THEREFORE, the parties hereto agree that Sections 2 (i) and 2 (iv) of the Memorandum of Understanding dated July 1, 2003, be amended to read as follows: 2 (i). CDC agrees to pay up to $25,000 per year for 100 cases per month. If the caseload exceeds the average of 100 cases per month, each additional case will be billed to the CDC at a rate of $25.00 per case. 2 (iv) TERM OF AGREEMENT: This Agreement shall be extended to July 1, 2006 to June 30, 2009. The parties further agree that with the foregoing exception, each and every term and provision of the MOU dated July 1, 2003, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION CITY OF NATIONAL CITY OF THE CITY OF NATIONAL CITY By: By: Chris Zapata, Executive Director Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ttit COMMUNITY DEVELOPMENT COMMISSION of the City of National G y Chairmen Georges. Water= Members Mitch deoud+omp Ralphlntunxo konMorritort RosalieG.Zolote Eiecutiw °.urctor Pool Deuochers 140 E. 12'" Street, SuiteB . National City, CA 91950-3312 • (619) 336.4250 • fax 336-4286 MEMO TO: Skip DiCerchio, Chief of Police. VIA: Tom McCabe, City Manager FROM: Paul Desrochers, Executive Director DATE: September 30, 1996 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH POLICE DEPARTMENT FOR COMPUTER MATCH OF SECTION 8 APPLICANTS National City Police Department (NCPD), upon request, shall provide information to the Community Development Commission of the City of National City (CDC) regarding criminal conviction records of applicants and current participants for purposes of screening families applying for or currently participating in the Section 8 Rental Assistance Program. NCPD agrees to do the following: 1. Provide computer search of Section 8 Rental Assistance• applicants and current family participants each month for purposes of screening those applicants who have a past history of violent criminal activity or drug/alcohol abuse. 2. Search would be through ARGIS and if requested by CDC through CLETS and/or NCIC. Record search not to exceed last three (3) years. 3. Quantity would not exceed 100 individual records per month. 4. Information regarding applicants to be provided to CDC within 10 working days. Some, requests may require a quicker response. 5. Provide copies of arrest records as authorized by law, as needed as result of search. May include records from other police departments and may include the name and telephone number of a person's probation officer. 6. Pursuant to a CLETS and NCIC/FBI index criminal history check in the Automated System, NCPD will advise CDC whether or not there may be a criminal history file on the applicant/participant. (Continued) EXHIBIT "A" { MEMO to DiCerchio via McCabe MOU with NCPD & CDC September 30, 1996 Page Two CDC will refer applicant/participant identified as possibly having criminal histories to NCPD for fingerprinting. NCPD will forward the fingerprints to the California Department of Justice and FBI for criminal history checks. Upon receipt of the criminal history checks, the NCPD will forward information to the CDC. CDC agrees to do the following: 1. CDC agrees to pay up to $50,000 per year for the above -stated. services. 2. CDC will coordinate inquiries and will designate one staff person to be liaison with the NCPD. 3. CDC further agrees to establish and implement a system of records management ensuring that all criminal records received by the Housing Authority are maintained confidentially; and, the CDC shall not disclose or use the information for any purpose other than that authorized. In addition, the CDC agrees to ensure that all records will be properly destroyed once the purpose for which the record was requested has been accomplished. NATIONAL CITY POLICE DEPT. Skip DiCerchio Chief of Police Dated: COMMUNI DEVELOPMENT COMMISSION OF TOF NATIONAL CITY u Desrochers Executive Director Dated: Police.MOU MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AND THE CITY OF NATIONAL CITY This Memorandum of Understanding, dated July 1, 2003 between the Community Development Commission of National City (CDC) and the City of National City, acting through the National City Police Department (NCPD). The CDC is in the process of formalizing the Memorandum of Understanding with the City of National City. In February 1995, the Community Development Commission and the National Police Department entered into a verbal agreement wherein the Police Department would provide the housing authority with drug and criminal history information for the purpose of screening prospective applicants and current participants of the Section 8 Rental Assistance Program. This verbal agreement helped the housing authority M complying with HUDs `One Strike and You're Our Screening and Eviction Guideines for Public Housing Authorities (HAs). On September 30, 1996, A Memorandum of Understanding was entered into between the CDC and NCPD regarding a more formal request of the computer match inquiries from the housing authority. This MOU is subject to formal approval, and allowing the CDC the ability to properly screen prospective families during the eligibility and recertification process. The CDC and NCPD understand that the Section 8 unit will make all requests for computer matches as needed for the determination of initial or recertification eligibility. 1. NCPD Agrees to do the following: i. Provide computer search of Section 8 Rental Assistance applicants/participants will be provided each month for purposes of screening those applicants who have a past history of violent criminal activity or drug/alcohol abuse. ii. Search will be through ARJIS and, if requested by CDC. through CLETS and/or NCIC, Sheriff R101 File, DA Files and Warrants System. Record search not to exceed the last five (5) years. iii. Quantity would not exceed 100 individual records per month. iv. Information regarding applicants to be provided to CDC within 10 working days. Some requests may require a quicker response. v. Provide copies of arrest records as authorized by law, as needed as result of search. May include records from other police departments and may indude the name and telephone number of a person's probation officer. vi. Pursuant to a CLETS and NCIC/FBI index criminal history check in the Automated System, NCPD will advise CDC whether or not there may be a criminal history fife on the applicant/participant. vii. CDC will refer applicant/participant identified as possibly having criminal histories to NCPD for fingerprinting. EXHIBIT "B" viii. NCPD will forward the fingerprints to the California Department of Justice and FBI for criminal history checks. Upon receipt of the criminal history checks, the NCPD will forward information to the CDC. 2. CDC agrees to do the following: I. CDC agrees to pay up to $25,000 per year for 100 cases per month. If the caseload exceeds the average of 100 cases per month, each additional case will be billed to the CDC at a rate of $25.00 per case. it. CDC will coordinate inquiries and will designate one staff person to be liaison with the NCPD. iii. CDC further agrees to establish and implement a system of records management ensue! records received are maintained confidentthat all ially; and,, the CDC shall not by or uthe se the information for any purpose other than that authorized. In addition, the CDC agrees to ensure that all records will be properly destroyed once the purpose for which the record was requested has been accomplished. iv. The term of this agreement shall be from July 1, 2003 to June 30, 2006. NCPD agrees to assist CDC in this endeavor on the condition that the parameters of this MOU are followed. Community Development Commission City of National City of Naigt l ity Paul Desrochers Executive Director Pa rfC L. Morse, Acting City Manager APPROVED AS TO FORM: George H. Eiser III, City Attorney r Community Development Commission COUNCIL AGENDA STATEMENT 37 MEETING DATE: August 22, 2006 AGENDA ITEM NO. / 1) ITEM TITLE: Resolution of the Community Development Commission authorizing the approval and expenditure of the proposed first -year budget in the amount of $100,000 for a Regional Enterprise Zone (EZ) . PREPARED BY: Angela Nazareno Economic Development Manager EXPLANATION: DEPARTMENT: Community Development Commission This authorizes the proposed budget and expenditure of $100,000 for the proposed first -year budget for a Regional En- terprise zone. Environmental Review: X N/A Financial Statement: Funds are budgeted and available in FY06/07 CDC's Economic Development Division for a total of $100,000 . Account NO. / STAFF RECOMMENDATION: 1) Adopt a resolution authorizing the proposed first -year budget ($100,000) for a regional Enterprise Zone (EZ) BOARD/COMMISSION RECOMMENDATION: N/A ITT NTS (Listed Below) 1. Proposed first -year administration budget for EZ 2. Resolution between the City of National City and City of San Diego Resolution No. • RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROVAL AND EXPENDITURE OF THE FIRST -YEAR BUDGET IN THE AMOUNT OF $100,000 FOR A REGIONAL ENTERPRISE ZONE WHEREAS, the Community Development Department of the City of National City ("CDC") oversees the Enterprise Tax Incentives Program whose goal is to stimulate growth in economically depressed areas of the State; and WHEREAS, the City of National City ("City") wishes to be designated as an Enterprise Zone, and wishes to join with the City of San Diego and file a joint application for an enterprise zone designation ("Application"); and WHEREAS, the City is concurrent with this action, authorizing the submittal of a joint application and first -year budget for a Regional Enterprise Zone; and WHEREAS, CDC staff shall be available to maintain recordkeeping, monthly updates on zone activities, and to discuss these activities with program auditors; and WHEREAS, the CDC agrees to commit funding, in -kind resources and staffing to the Enterprise Zone for year one, and acknowledges that this commitment is an annual commitment for the life of the Enterprise Zone. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby declares, as follows: 1. That CDC staff are available to maintain record -keeping, provide monthly updates on zone activities, and to discuss these activities with the Enterprise Zone Program auditors. 2. That CDC staff have reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed action is an application for a possible future project. If conditional designation is provided by HCD, then environmental review shall occur and may be that an environmental impact report will be prepared as, and if, required by California Environmental Quality Act (CEQA) and California Housing and Community Development Department ("HCD") requirements. 3. That the CDC approves the first -year budget of $100,000 for a Regional Enterprise Zone, as detailed in Exhibit "A". 4. That the CDC has the funds available and authorizes the expenditure of $100,000 for the first -year budget for a Regional Enterprise Zone, consistent with Exhibit "A". PASSED and ADOPTED this 22nd day of August, 2006. ATTEST: Chris Zapata, Secretary Nick Inzunza, Chairman APPROVED AS TO FORM: George H. Eiser, III, Legal Counsel ATTACHMENT B San Diego Regional Enterprise Zone Operational Budget - Year One Estimated Annual REVENUES: Vouchering of Eligible Individuals 2500 Vouchers x $50 $125,000 Breakdown of fee: Required HCD Filing Fee (pass -through to HCD) 2500 x $10 $25,000 Application fee for local program administration (San Diego) 2500 x $40 $100,000 MOU's with Chula Vista and National City $194,000 Appx. $97,000 each Marketing/Promotion from Jurisdictions $13,000 San Diego $5,000 Chula Vista $5,000 National City $3,000 City of San Diego Contribution Total Revenue $89,040 $421,040 EXPENDITURES: Staff (San Diego only) $365,040 NPE (Includes office supplies, computer, etc) $15,000 Travel/Training $3,000 Marketing $13,000 i HCD Filing Fee (estimate) $25,000 Total Expenditures $421,040 IN -KIND COMMITMENTS: The following jurisdictions will commit the folowing hours and associated in -kind contribution for assistance with the San Diego Regional EZ: Jurisdiction Hours Committed Value San Diego 1,000 $63,000 2 Chula Vista 1,000 $54,600 National City 500 $16,900 Total In -Kind Commitments $134,500 Notes: 1 Costs associated with reprinting existing EZ marketing materials and mailing 2 Hours committed are in addtion to San Diego staff committed as referenced under "Expenditures". Updated 7/28/06 Community Development Commission COUNCIL AGENDA STATEMENT MEETING DATE: August 22, 2006 AGENDA ITEM NO. 38 / ITEM TITLE: : Resolution of the Community Development Commission authorizing the Allocation of $314,301.51 in HOME Funds to the City's Building and Safety Department for the purpose of rehabilitating low-income housing units, and Authorizing the Chairman to Execute an Agreement with the City for this purpose PREPARED BY: DEPARTMENT: Community Development Commission Angela Nazareno Economic Development Manager EXPLANATION: The HOME Program is requesting the allocation of funds to the Building and Safety Department's Healthy Homes Dem- onstration and Lead Abatement Programs for the purpose of rehabilitation of owner occupied low —income housing units. Such eligible HOME activities administered through this program include but not limited to: weatherization, ADA compli- ance, lead abatement, code compliance, remodeling, or heating and cooling systems. Environmental Review: X N/A Financial Statement: Funds are available and budgeted through the HOME Program for a total of $314,301.51 in Fund Account #165. Account No. STAFF RECOMMENDATION: Authorize allocation and approve attached CDC agreement and Resolution. BOARD/COMMISSION RECOMMENDATION: N/A [MTTACFIMENTS (Listed Below) 3. HUD Income limits 2. CDC Agreement 4. Healthy Homes Program Description 1. Resolution Resolution No. 5. Lead Abatement Program RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE ALLOCATION OF $314,301.51 IN HOME FUNDS TO THE CITY'S BUILDING AND SAFETY DEPARTMENT FOR THE PURPOSE OF REHABILITATING LOW-INCOME HOUSING UNITS, AND AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH THE CITY FOR THIS PURPOSE WHEREAS, the Community Development Commission of the City of National City (CDC) is in charge of administrating the HOME Program; and WHEREAS, the CDC is required under the HOME Program to assist low-income families with decent and safe living conditions: and WHEREAS, the CDC has funds totaling $314,301.51 from the HOME Program to allocate to the National City Building and Safety Department for their Lead Safe Abatement and Healthy Homes Program. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the allocation of $314,301.51 in HOME funds to the National City Building and Safety Department for the purpose of rehabilitating low-income housing units, and authorizes the Chairman to execute an agreement with the City of National City for this purpose. PASSED and ADOPTED this 22nd day of August 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND CITY OF NATIONAL CITY FOR THE USE OF HOME INVESTMENT PARTNERSHIP ACT (HOME) FUNDS This Agreement, made and entered into by and between the Community Development Commission of the City of National City, California, hereinafter called "CDC", City of National City, hereinafter called "SUB -RECIPIENT." I. RECITALS A. CDC is recipient of funds from the United States Department of Housing and Urban Development (hereinafter called "HUD") pursuant to Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) as amended and the regulations of (24 C.F.C. Section 570 et seq. ("Regulations")(hereinafter called "ACTS"). B. CDC has approved the provision of federal funds under the ACT to be used by the SUB -RECIPIENT as provided in the program description attached (Exhibit "A") and incorporated herein by reference. C. SUB -RECIPIENT represents that it shall perform the work as set forth in the Statement of Work for a 12 month period beginning July 1, 2006 and ending June 30, 2007. D. SUB -RECIPIENT warrants that it has the expertise and experience to perform the work set forth in the Statement of Work. E. CDC shall provide HOME Investment Partnership Program "HOME" funds to the SUB -RECIPIENT in the amount of $314, 301.51, for the purpose of rehabilitating owner occupied low-income housing units in National City. NOW THEREFORE, in consideration of the foregoing recitals and based on the mutual covenants below, the parties hereby agree as follows: II. SUB -RECIPIENT OBLIGATIONS A. Use of Funds: SUB -RECIPIENT agrees to use all federal funds provided by the CDC to SUB -RECIPIENT pursuant to the provisions of this Agreement for said program. SUB - RECIPIENT'S failure to perform as required may, in addition to other remedies set forth in Page 1 of 12 this Agreement, result in re -adjustment of the amount of funds the CDC is otherwise obligated to pay to SUB -RECIPIENT under Section III hereof. 1. SUB -RECIPIENT agrees to use said funds to pay for necessary and reasonable costs to operate said program. Said amount shall include wages, administrative costs, employee benefits comparable to other similarly situated employees, and other allowable program costs. 2. SUB -RECIPIENT shall not use any funds received pursuant to this Agreement for the purpose of influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 3. LOW INCOME REQUIREMENT - The services to be performed by SUB - RECIPIENT be provided primarily to persons of low- income households. A minimum of 51 % of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit "B"). Grantee shall use reasonable means to determine the income level of each person or family served. B. Reports: The SUB -RECIPIENT shall provide the CDC with a quarterly report, submitted no later than 40 days after the last day of the previous quarter. The fourth quarterly report shall also include an Annual Performance Report. Said report shall include the following statistical date for persons/households served during the previous quarter. 1. The total number of persons/households served; 2. The number of persons/households receiving each type of service provided; 3. Of the persons/households served, the number of residents and non-residents of National City; 4. Annual gross household income by standard categories, adjusted for family size (low, moderate, other); 5. Race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); 6. Number of female -headed households served; and, 7. Narrative of contract objectives (in Agreement) comparing current objectives versus original objectives in Agreement. Provide explanation if not meeting original objectives. Page 2 of 12 C. Program Income: Transfers of grant funds by the CDC to the SUB -RECIPIENT shall be adjusted according to the principles described in 24 C.F.R. 507.504 (b) (2) (i) and (ii). Any program income on hand when this Agreement expires, or received after this Agreement's expiration, shall be paid to the CDC as required by Section II-0 of this Agreement and 24 C.F.R. 507.503(B). D. Uniform Administrative Requirements: The SUB -RECIPIENT shall comply with applicable uniform administrative requirements as described in 24 C.F.R. Part 85.22 and OMB Circular A-87 and I-122 and 24 C.F.R. 570.503 (D)(4). E. Separation of Accounts: All funds received by SUB -RECIPIENT from the CDC pursuant to this Agreement shall be maintained separately and apart from any other funds of SUB - RECIPIENT or of any principal or member of SUB -RECIPIENT in an account in a federally insured banking or savings and loan institution. No monies shall be withdrawn from such account except for expenditures authorized by this Agreement. F. Retention of Records: All accounting records and evidence pertaining to all costs of SUB - RECIPIENT and all documents related to this Agreement shall be kept available at SUB - RECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings, or litigation arising out of the performance of this Agreement; or (b) costs and expenses of this Agreement to which CDC or any other governmental agency takes exception, shall be retained beyond the five (5) years until resolution or disposition of such appeals, litigation claims, or exceptions. G. Compliance with Applicable Laws: SUB -RECIPIENT agrees to comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits, including but not limited to federal CDBG financial and contractual procedures, and OMB Circular Nos. A-87, A-122, and A-110 with Attachments A, B, C, F, H, N, and 0, as set forth in 24 C.F.R. 570.502(b). Said federal documents are on file in the office of the (CDC) Community Development Commission, 1243 National City Boulevard, National City, California 91950, and are incorporated herein by reference. The SUB -RECIPIENT shall secure any new permits required by authorities herein with jurisdiction over the project, and shall maintain all presently required permits. The SUB -RECIPIENT shall ensure that the requirements of the California Environmental Quality Act are met for any permits or other entitlement required to carry out the terms of this Agreement. H. Affirmative Action Policy: 1. Provision of Program Services a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefits of, or subject any person to discrimination under any program or activity funded in whole or in part with HOME funds. Page3of12 b. SUB -RECIPIENT shall not under any program or activity funded in whole or in part with HOME funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; or 6) Deny any opportunity to participate in a program or activity as an employee. c. SUB -RECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. SUB -RECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with HOME funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: e. In administering a program or activity funded in whole or in part with HOME funds regarding which the SUB -RECIPIENT has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the SUB -RECIPIENT Page 4of12 g• must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a SUB -RECIPIENT in administering a program or activity funded in whole or in part with HOME funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which HOME funding applies, the SUB -RECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.), nothing contained herein shall be construed to prohibit any SUB - RECIPIENT from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. 2. Employment Discrimination a. SUB -RECIPIENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. SUB -RECIPIENT shall take affirmative action to insure that applicants are employed, 'and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. SUB - RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of SUB -RECIPIENT, state that all qualified Page 5of12 applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. SUB -RECIPIENT shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of SUB - RECIPIENT'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. d. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. SUB -RECIPIENT shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. f. In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non- compliance; provided, however, that in the event SUB -RECIPIENT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, SUB -RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et Page 6 of 12 seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall also provide ready access to and use of all HOME fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). 3. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB -RECIPIENT may be declared ineligible for furthergovernment contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. Ineligibility of Sub -Recipients or Contractors: SUB -RECIPIENT shall not use HOME funds directly or indirectly in its operations or to employ, award contracts to, or otherwise engage the services of, or fund any contractor during any period of debarment, suspension, or placement in ineligibility status of the SUB -RECIPIENT or such contractor under the provisions of 24 C.F.R. Part 24. M. Conflict -of -Interest: In the procurement of supplies, equipment, construction, and services by SUB -RECIPIENT, the conflict -of -interest provision in Attachment 0 of OMB Circular No. A-110 and 24 C.F.R. 570.611 shall apply. N. Condition for Religious Organizations: SUB -RECIPIENT shall comply with all applicable conditions of 24 C.F.R. 570.503 (b) (6) prescribed by HUD for the use of HOME funds by religious organizations if SUB -RECIPIENT is a religious organization. O. Suspension and Termination: In accordance with 24 C.F.R. 85.43, suspension or termination may occur if SUB -RECIPIENT materially fails to comply with any term of this Agreement and/or the award, and the Agreement and/or the award may be terminated for convenience in accordance with 24 C.F.R. 85.44. P. Reversion of Assets: Upon the termination or expiration of the term of this Agreement, the SUB -RECIPIENT shall comply with 24 C.F.R. 570.503 (b) (8) and transfer to the CDC any HOME funds on hand at the time of such termination or expiration and any accounts receivable attributable to the use of HOME funds. Any real property under the SUB - RECIPIENT'S control that was acquired or improved in whole or in part with HOME funds in excess of twenty-five thousand dollars ($25,000.00) shall either be: 1. Used to meet one of the national objectives stated in 24 C.F.R. 570.901 until five (5) years after termination or expiration of this Agreement, or for such longer period of time as determined to be appropriate by the CDC; or 2. Disposed of in a manner that results in the CDC's being reimbursed in the amount of the current fair -market value of the property less any portion of the value Page 7 of 12 Q. attributable to expenditures of non -HOME funds for acquisition of, or improvement to, the property. Reimbursement to the CDC shall not be required after the period of time specified in Section II. O. 1. Of this Agreement. Licensing: SUB -RECIPIENT agrees to obtain and maintain all licenses, registrations, accreditations, and inspections from all agencies governing its operations. SUB - RECIPIENT shall insure that its staff shall also obtain and maintain all required licenses, registrations, accreditations, and inspections from all agencies governing SUB - RECIPIENT'S operations hereunder. R. Inspection of Records: The CDC and the United States Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUB - RECIPIENT'S activities and performance, to books, documents, and papers, and the right to &amine records of SUB -RECIPIENT'S subcontractors, bookkeepers, and accountants, employees, and participants in regard to said program. The CDC and the Unites States Government and/or their representative shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUB -RECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. S. Independent Contractor: SUB -RECIPIENT'S relationship to the CDC shall be that of an independent contractor. SUB -RECIPIENT shall have no authority, express or implied, to act on behalf of the CDC as an agent, or to bind the CDC to any obligation whatsoever, unless specifically authorized in writing by the CDC Director. SUB -RECIPIENT shall be solely responsible for performance of any of its employees, agents, or subcontractors under this Agreement. SUB -RECIPIENT shall report to the CDC any and all employees, agents, and consultants performing work in connection with this project, and all shall be subject to the approval of the CDC. T. Liability Insurance: SUB -RECIPIENT shall, throughout the duration of this Agreement, maintain comprehensive general liability insurance, covering all operations (of SUB - RECIPIENT, its agents and employees) performed in connection with this Agreement including, but not limited to, premises and automobile. SUB -RECIPIENT shall maintain a minimum of $1,000,000 combined single limit per -occurrence general liability insurance and a minimum of $300,000 combined single -limit automobile insurance. 3. All insurance companies affording coverage to the SUB -RECIPIENT shall be required to add the City of National City and the CDC as "additional insured" under the insurance policy for all work performed in accordance with this Agreement. Page 8 of 12 4. All insurance companies affording coverage to the SUB -RECIPIENT shall be insurance organizations authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California. 5. All insurance companies affording coverage shall provide thirty (30) days written notice to the City of National City and the CDC should the policy be canceled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. 6. SUB -RECIPIENT shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the CDC Attomey, concurrently with the submittal of this Agreement. 7. SUB -RECIPIENT shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the SUB -RECIPIENT to provide such a substitution and extend the .policy expiration date shall be considered a default by SUB -RECIPIENT and may subject the SUB -RECIPIENT to a suspension or termination of work under the Agreement. 8. Maintenance of insurance by the SUB -RECIPIENT as specified in this Agreement, shall in no way be interpreted as relieving the SUB -RECIPIENT of any responsibility whatever; and, the SUB -RECIPIENT may carry, at its own expense, such additional insurance as it deems necessary. 9. SUB -RECIPIENT shall maintain, throughout the duration of this Agreement, workers' compensation insurance in statutory amount; and provide a certificate of insurance certifying that it carries such insurance; and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the CDC at the address specified in Section IV. B. herein. 10. SUB -RECIPIENT may comply with the requirement of the Subsection T by maintaining a lawful self -insured status during the term of this agreement. U. SUB -RECIPIENT'S Indemnification to CITY: SUB -RECIPIENT shall indemnify and hold harmless the CDC and it's officers, agents, and employees against all claims for damages to persons or property arising out of the conduct of the SUB -RECIPIENT or its employees, agents, subcontractors, or others in connection with the execution of the work covered by this Agreement, except for those claims arising only from the sole negligence or sole willful conduct of the CDC and their officers, agents, or employees. V. Assignment and Delegation: This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the SUB -RECIPIENT'S duties be delegated, without the express written consent of the CDC. Any attempt to assign or delegate this Agreement without the express written consent of the CDC shall be void and of no force or effect. Consent by the CDC to one assignment shall not be deemed to be a consent to any subsequent assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Page 9 of 12 W. Entire Agreement: This Agreement comprises the entire integrated understanding between the CDC and the SUB -RECIPIENT concerning negotiations, representations, or agreements. X. Interpretation of the Agreement: The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the CDC. The SUB - RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. Y Agreement Modification: This Agreement may not be modified orally or in any manner other than by an agreement in writing, signed by the parties hereto. Z. Attorney's Fees: In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. III. MISCELLANEOUS PROVISIONS A. Termination of Agreement: The CDC or SUB -RECIPIENT may terminate this Agreement by giving written notice to the other party thirty (30) days prior to effective date of termination. Additionally, the CDC shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of any invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the CDC decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the CDC finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to: 1. Repay all monies received from the CDC under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the CDC. In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. B. Notices: All notices, demands, requests, consents, or other communications which this Agreement contemplates or authorizes, or requires orpermits either party to give to the Page l0 of 12 other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: TO: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950 and TO: CITY OF NATIONAL CITY Building and Safety Department 1243 National City Boulevard National City, CA 91950 Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and„received on the first to occur of (a) actual receipt at the offices of the party to whom the communication is to be sent, as designated above, or (b) three working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above. C. Signatures: The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the SUB -RECIPIENT and the CDC. Page 11 of 12 IN WITNESS WHEREOF the parties heretofore themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Agreement to be executed by setting hereunto their signatures this 22nd day of August, 2006. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: By: Nick Inzunza, Mayor Nick Inzunza, Chairman Attest By: Chris Zapata, Executive Director Approved as to Form By: George H. Eiser, III, CDC/City Attorney Attachments: Exhibit "A" Program Description Exhibit "B" HUD Income Limits for the San Diego SMSA Page 12 of 12 TABLE OF BASIC & MAXIMUM STATUTORY MORTGAGE LIMITS National Housing Act - January 1, 2006 Sections 221(3)3 (Nonprofit/Cooperative Mortgagors) and 234 No. Bed- room 0 2 4+ BASIC LIMITS 270 % Maximum Limits- High Cost Areas 240 % Maximum Limits- Other Areas 360 % Maximum Limits - Special Limit Areas Non- Elevator Non- Elevator Non- Etlxator Non- Elevator Elevator Elevator Elevator Elevator 845,507 $47,890 122,869 129,303 109,217 114,936 163,825 172,404 52,470 54,897 141,669 148,222 125,928 131,753 188,892 197,629 63,279 66,755 170,853 180,239 151,870 160,212 227,804 240,318 80,998 86,358 218,695 233,167 194,395 207,259 291,593 310,889 90,235 94,795 243,635 255,947 216,564 227,508 324,846 341,262 Section 221(D)4 No. Bed- room 0 2 4+ BASIC LIMITS 270 % Maximum Limits- High Cost Areas 240 % Maximum Limits- Other Areas 360 % Maximum Limits - Special Limit Areas Non- Elevator Non- Elevator Non- Elevator Non- Elevator Elevator Elevator Elevator Elevator S40,955 S44,239 110,579 119,445 98,292 106,174 147,438 159,260 46,488 50,714 125,518 136,928 111,571 121,714 167,357 182,570 56,192 61,667 151,718 166,501 134,861 148,001 202,291 222,001 70,531 79,776 190,434 215,395 169,274 191,462 253,912 287,194 79,923 87,571 215,792 236,442 191,815 210,170 287,723 315,256 National City Healthy Homes Demonstration Program Abstract The National City Healthy Homes Demonstration Program (NCHHP) will demonstrate that by requiring regularly scheduled Healthy Homes inspections for rental units (annual or bi-annual depending on the condition of the unit) to ensure the absence of health and safety hazards prior to the rental of a unit, the number of sick or injured children will be reduced. This will in turn reduce the number of absences from schools, the number of EMT calls and ER visits due to asthma, poisoning, injuries and lead poisoning. The end result would be a savings in medical costs, and healthier, safer homes for National City families. The NCHHP will inspect 480 older deteriorating housing units where low-income childten under 6 reside to assess any existing health and safety hazards and will evaluate children's respiratory health and risk of illness. The NCHHP will then repair/rehab 165 of the children's homes using grant funds. Of the total 480 units inspected, 215 rental units will be repaired using landlord resources and 93 owner occupied units using incentives. Lead hazards will be referred to the existing Lead Hazard Control Program. Our target area includes seven National City inner-city neighborhoods: West Side, Bay Side, El Pueblo, Civic Center, Central City, Olivewood, Sweetwater and Summercrest. These neighborhoods were selected because 86% of the housing stock was built before 1978 and 35% of the residents have children under the age of 6 who are living below the federal poverty level. Children under the age of 6 make up 11% of the population and 67% of the children in the area are Latino, a traditionally underserved minority group. National City is one of three cities in the County with the largest proportion of housing units in need of rehabilitation according to the AI. Seventy-six percent of the units are rentals and a majority of those have absentee landlords. It has the lowest median household income in the county with the highest concentration of minority populations. Area statistics indicate that children in the area have the highest rate of unintentional injury deaths among ages 0-19 and the 2nd highest number of children born with low birth weight. Twenty-six percent of the Latino population does not have medical insurance. The National City Building and Safety Department is the lead agency and fiscal agent for the proposed Healthy Homes Demonstration Program, a coalition of local government, community -based nonprofit organizations, and health organizations including two core program partners: the Environmental Health Coalition (EHC), and Paradise Valley Hospital (PVH). Other participants include the National City Fire Department, Christmas in July, Metropolitan Area Advisory Agency (MAAC) Weatherization Department, the Burn Institute and a broad array of faith and community -based nonprofit organizations. National City will administer the finances and coordinate the project activities including; the identification and inspection of units, writing job specifications and bids, performing final inspections, leverage existing weatherization and rehabilitation resources and monitoring contract compliance. EHC will provide outreach, education, inspection services and perform training on toxic hazards in the home. PVH will provide inspection services, in -home education on asthma triggers and health care referral for respiratory illness in children. All program participants have experience in housing inspection, education and outreach. The Environmental Health Coalition is a 25 year old nonprofit environmental justice organization that promotes a holistic approach to health promotion, looking at both community and household factors that impact health since 1987, developing bilingual Spanish -English educational materials, providing training and outreach, and providing lead testing through a variety of funding sources. EHC staff will be creating education and outreach materials for the program as well as performing inspections. Paradise Valley Hospital Respiratory Care Department provides the only "in -home" asthma education program, exclusively utilizing respiratory therapists. The staff are licensed respiratory therapists and certified asthma educators (AE-C). The South Bay Asthma Advocacy Program was established in 2002 and provides in -home asthma education, environmental assessment and case management for asthmatic patients and their families. The staff is comprised of multi -racial, multi-lingual professionals whose mission is to create the preferred asthma disease management program. National City is committed to providing safe and healthy homes for the residents of the City. In addition to directing the Building and Safety Department to apply for a FY2005 Healthy Homes Demonstration grant, the City implemented a housing inspection program in 2001 that included lead inspections. In 2001 the Building and Safety Department received a State grant for Housing Code Enforcement and for Code Enforcement Capital Expenditures in 2003. It applied for and received a Lead Hazard Control Reduction grant in 2003. In 2004 the City formed an Asthma Committee to look into the increasing number of cases on asthma in the City. The City will provide housing inspections of electrical, structural, mechanical, fire safety and plumbing systems. The City will use it's code enforcement powers to require that all landlords not interested in having their unit repaired to fix their units with their own resources. We request $996,495.91 in HUD funds to implement our Healthy Homes Demonstration grant. Our matching funds are $ 370,903.78, comprised of $15,675.23 in -kind services from EHC, $ 27,219.00 in -kind services from PVH, $43,000 in -kind services from Christmas in July, $1,000 in -kind services for National City Fire Department, $75,000 in - kind services from MAAC, $5,000 in -kind services from the San Diego Bum Institute for smoke detectors and $204,009.55 in -kind services for National City Building and Safety Department. In addition, we will use code enforcement methods to enforce the California Health and Safety Code, which makes sub -standard housing and Lead paint a violation of the law. The NCHHP will leverage at least $109,000 from property owners. The proposed program will contact 1260 units in order to identify 480 units to inspect. The inspection will consist of an initial EHC contact and visual inspection to see if environmental hazards exist and inspect for roaches and carbon monoxide, then inspections by PVH to perform an in -home environmental inspection for asthma triggers and the City to perform an inspection of the electrical, plumbing, fire safety and structure will be completed. A completed report will be sent to the landlord and 165 units that qualify will be referred for repairs using grant funds. If the unit does not qualify the owner will receive a notice to repair the unit at their own expense. All jobs will be bid. A follow-up inspection will be done to educate the tenant on the prevention of environmental hazards. EHC will provide education and outreach for the program. The City will work on an ordinance to require regular inspections for all rental units in National City and will present the program to other code enforcement groups. Costs will be kept low by training local contractors and maintenance workers and by working with the Urban Corps, a local group that performs job training for at -risk teens and by using previously developed lost cost methods of repair. National City Lead Hazard Control Program Summary National City is pleased to announce the award of a new grant from the HUD Lead Hazard Control Program, This grant will provide funds for the reduction of lead hazards in approximately 410 privately owned single - and multi -family residential units in National City where low-income children under six years old reside. Our target area is five National City inner-city neighborhoods: West Side, Bay Side, El Pueblo, Civic Center and Central City. These neighborhoods were selected because 86% of the housing stock was built before 1978 and 35% of the residents of the target area who have children under 6 are below the federal poverty level. The target area has 537 units and 1200 children that are considered high risk. The National City Building and Safety Department is the lead agency and fiscal agent for the proposed Lead Hazard Control Program, a coalition of area government, community -based, and nonprofit organizations, including as core program partners the National City Community Development Commission (CDC), Environmental Health Coalition (EHC), and the Metropolitan Area Advisory Committee (MAAC Project). Other participants include the National City Health Center, Operation Somalian Clinic, MAAC and SDG&E Energy Team weatherization programs, and Christmas in July housing rehabilitation program. National City will coordinate and administer project activities and finances, identify units, perform lead risk assessments and clearances, leverage existing housing rehabilitation resources, and monitor contract compliance. EHC will provide outreach, education, and recruitment services, perform training in lead hazard reduction cleaning and maintenance techniques, and create a public registry of lead -controlled homes. MAAC will perform the lead hazard control work. EHC will ensure that children under six referred to the program receive lead screening through the local clinics, The County Health and Human Services Agency will provide case management. EHC is a 23-year-old non-profit organization that has been involved in lead poisoning prevention education since 1987, developing bilingual Spanish -English educational materials, providing training and outreach, and conducting lead testing through a by a variety of funding sources. MAAC Project is a 35-year-old multipurpose social service agency with a focus on the Latino community. In 1992 MAAC became the first non-profit organization in California licensed to perform lead removal and weatherization services. MAAC staff is trained to conduct lead hazard control and interim control activities. In the past National City has been committed to eliminating childhood lead poisoning. In 2001, the City implemented the Housing Inspection Program that included lead inspections. The housing inspectors were trained to identify lead hazards. In addition, the City distributed paint for those tenants and owners willing to paint their homes in a lead safe manner. The City also held lead seminars and distributed brochures to let the residents know of the dangers of lead. Lead is listed as a code violation by the housing inspectors. The City will receive $2,984,152 in HUD funds to implement our Lead Hazard Control Program. Matching funds of $1,569,423 come from in -kind services from all partners. In addition, we will use code enforcement methods to enforce the California Health & Safety Code, which makes lead paint hazards a housing code violation. Rental property owners who can afford to will be required to control the lead in their rental units. The proposed Lead Hazard Control program will provide up to $12,500 for labor and materials per single- family unit and up to $7,500 for labor and materials per multi -family unit with an additional $10,000 to control lead hazards in common areas. Over the course of the 42-rnonlh grant period, approximately 110 residential units will be treated. All tenants and owners of units undergoing lead hazard control will be provided with information on lead -safe cleaning and maintenance practices and be encouraged to attend a free hands-on workshop. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE Aiigust 22, 2006 AGENDA ITEM NO 39 ITEM TITLE Resolution of the CDC authorizing the Chairman to execute an Agreement with Christensen Schwerdtfeger & Spath LLP (CSS) for as needed legal services PREPARED BY Xavier Del Valle, Senior Project Manager DEPARTMENT Community Development Commission (CDC) EXPLANATION On March 2, 2004, the CDC approved an Agreement with Christensen Schwerdtfeger & Spath LLP (CSS) for as needed legal services. The Agreement with CSS has since expired, and staff desires to retain CSS to continue to provide legal services to the CDC, when requested. CSS is a qualified and experienced law firm, and has satisfactorily provided legal services to the CDC on a variety of projects and issues pertaining to affordable housing, redevelopment law, and related litigation. As a result, staff recommends that the Board approve the Agreement with CSS for as needed legal services. The attached Background Report outlines the Agreement's scope of work. Environmental Review CEQA is not applicable Financial Statement The Agreement sets a not to exceed amount of $75,000 for services from the effective date until August 22, 2007. Account No. STAFF RECOMMENDATION Adopt resolution approving an Agreement with Christensen Schwerdtfeger & Spath LLP for as needed legal services and authorizing the Chairman to execute said Agreement ATTACHMENTS 1. Resolution 2. Agreement Resolution No. J A-200 (9/80) J RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH CHRISTENSEN, SCHWERDTFEGER & SPATH, LLP, FOR AS -NEEDED LEGAL SERVICES WHEREAS, the Community Development Commission of the City of National City (CDC) is charged with implementing the National City Redevelopment Plan; and WHEREAS, the CDC desires to retain Christensen, Schwerdtfeger & Spath, LLP to provided as -needed legal services to the CDC; and WHEREAS, Christensen, Schwerdtfeger & Spath, LLP is a qualified and experienced law firm, and has satisfactorily provided legal services to the CDC on a variety of projects and issues pertaining to affordable housing, redevelopment law and related litigation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an agreement with Christensen, Schwerdtfeger & Spath, LLP to provide as -needed legal services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT On March 2, 2004, the CDC approved an Agreement with Christensen Schwerdtfeger & Spath LLP (CSS) for as needed legal services. Since then, the firm has provided legal services for a variety of projects and issues pertaining to: • Density Bonus; • Affordable housing connected with redevelopment projects; • Shared Equity Loans; • Prevailing Wages; • HUD Section 8 Requirements; • First Time Homebuyer Loans and Grants; • HUD Home Regulations; • Housing set aside funds; and • Consultation regarding HUD, CDBG, elder care, and other related issues. Since the original Agreement with CSS has expired, a new Agreement is necessary in order for them to continue to provide the CDC with legal services, when requested. If approved, the new Agreement with CSS shall include providing legal services to the CDC on a variety projects and issues, including but not limited to the following: • Affordable housing; • Redevelopment law; • Housing authority law; • Federal and state financing programs and program compliance; • Section 8 Program advice; • Tax credit financing; • Bond financing; • First time homebuyer programs; • Fannie Mae Secondary Market compliance; • Litigation of all kinds, including without limitation, environmental issues, condenmation actions, Polanco actions, enforcement of regulatory agreements and enforcement of inclusionary agreements; • Deed of trust foreclosures; • Appointment of receivers, and other litigation, as and when requested; • Drafting of documents, including, but not limited to, disposition and development agreements, exclusive negotiating agreements, affordability restrictions, loan agreements, environmental indemnity agreements, security agreements, deeds of trust, and other documentation; and • All such other and further services, including transactional and litigation services as and when requested by the CDC. The Agreement sets a not to exceed amount of $75,000 for services from the effective date until August 22, 2007. AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND CHRISTENSEN SCHWERDTFEGER & SPATH LLP THIS AGREEMENT is entered into this 22nd day of August 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and Christensen Schwerdtfeger & Spath LLP (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ CONTRACTOR to provide legal advice and assistance with regard to provide legal services, as and when requested by the CDC, involving issues of affordable housing, redevelopment law, and related litigation, if requested, as more specifically described in Exhibit A, which is incorpated herein by reference; and WHEREAS, the CDC has determined that the CONTRACTOR is a qualified and experienced law firm and has ability to perform the services desired by the CDC; and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC 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 CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings as required and requested to keep staff and the CDC advised of the progress on the PROJECT. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC 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 1 and execution of this Agreement for the CONTRACTOR. Charles B. Christensen 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 $75,000 without prior written authorization from the CDC. 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 CDC. 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 CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. CONTRACTOR services as set forth in Exhibit A, shall be completed by August 22, 2007. The Executive Director shall have the authority to extend this agreement for a period of up to six (6) months in the event that circumstances outside of the Contractor's control delay completion of the Project. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR for the PROJECT, whether paper or electronic, shall become the property of the CDC for use with respect to this PROJECT, and shall be turned over to the CDC 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 CDC, 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC 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 CDC'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 CDC 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 CDC, or for any liability to the CDC should the documents be used by the CDC 2 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 employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC'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 CDC 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 CDC. 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 CDC 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 CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this AGREEMENT. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this AGREEMENT. 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. 3 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 CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, or arbitration 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the PROJECT documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC'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 CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC 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 CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the 4 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 CDC. 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 CDC 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 Community Development Commission of 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 CDC 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 CDC 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: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 employees. 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 E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, and employees so that any other policies held by the CDC shall not contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC 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 CDC 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 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this AGREEMENT, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this AGREEMENT, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This AGREEMENT may be terminated with or without cause by the CDC. 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 CDC 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 CDC. 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 CDC, 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 CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. 7 E. The CDC 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, fax or email; 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, fax or email, 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 CDC: Patricia Beard, Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 To the CONTRACTOR: Charles B. Christensen, Esq. Christensen Schwerdffeger & Spath LLP 550 West C Street, Suite 1660 San Diego, 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 Community Development Commission 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 CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City 8 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 CDC 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 CDC. ❑ 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 CDC for all damages, costs or expenses the CDC 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. 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. 9 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. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Christensen Schwerdffeger & Spath LLP By: By: Nick Inzunza, Chairman APPROVED AS TO FORM: By: George H. Eiser, III CDC Legal Counsel By: Charles B. Christensen Managing Partner 10 EXHIBIT A SCOPE OF SERVICES Perform legal services, as and when requested by the CDC, concerning all issues within the expertise of Contractor, including but not limited to services in connection with the following: • Affordable housing • Redevelopment law • Housing authority law • Federal and state financing programs and program compliance • Section 8 Program advice • Tax credit financing • Bond financing • First time homebuyer programs • Fannie Mae Secondary Market compliance • Litigation of all kinds, including without limitation, environmental issues, condemnation actions, Polanco actions, enforcement of regulatory agreements and enforcement of inclusionary agreements • Deed of trust foreclosures • Appointment of receivers, and other litigation, as and when requested • Drafting of documents, including, but not limited to, disposition and development agreements, exclusive negotiating agreements, affordability restrictions, loan agreements, environmental indemnity agreements, UCC financing statements, security agreements, deeds of trust, and other documentation • All such other and further services, including transactional and litigation services as and when requested by the CDC of National City Rates are as follows: Attorneys Paralegals Non Litigation $150.00 $90.00 Litigation $175.00 $90.00 Clerks $70.00 $70.00 11 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 40 r- ITEM TITLE A Resolution appropriating funds and authorizing a reimbursement of $109,807.19 to the Port of San Diego. PREPARED BY Marilyn Adrianzen Senior Accountant DEPARTMENT Finance EXPLANATION In June, 1997, the Port of San Diego ("Port") and the Community Development Commission ("CDC") entered into a Memorandum of Understanding ("MOU") to accomplish a variety of projects in the National City Harbor District. Under the MOU, the Port was required to reimburse the CDC for project costs. In May, 2000, a billing statement was sent by CDC to the Port. This billing statement was overstated by $109,807.19. This Resolution would authorize the reimbursement of the overstated amount to the Port. Environmental Review Not applicable. Financial Statement This reimbursement would expend $109,807.19 from CDC account 900807. Account No 9 STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. 2. Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROPRIATING FUNDS AND AUTHORIZING A REIMBURSEMENT OF $109,807.19 TO THE PORT OF SAN DIEGO WHEREAS, in June, 1997, the Community Development Commission of the City of National City (CDC) and the Port of San Diego adopted a Memorandum of Understanding (MOU) to accomplish a variety of projects in the National City Harbor District; and WHEREAS, under the terms of the MOU, the Port of San Diego was required to reimburse the CDC for project costs; and WHEREAS, in May, 2000, the CDC sent a billing statement to the Port of San Diego that overstated the reimbursement amount by $109,807.19. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of National City hereby appropriates funds and authorizes a reimbursement of $109,807.19 to the Port of San Diego. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY August 22, 2006 AGENDA ITEM NO. TO: CHAIRMAN AND BOARD MEMBERS FROM: CHRIS ZAPATA, EXECUTIVE DIRECTOR VIA: MARILYN ADRIANZEN, SENIOR ACCOUNTANT SUBJECT: REPORT: REIMBURSEMENT TO THE PORT OF SAN DIEGO Recommendation: Staff recommends that the Community Development Commission Board: Approve the reimbursement to the Port of San Diego. Fiscal Impact: The total reimbursement is $109,807.19 which will be paid from the Capital Projects Fund. Environmental: Not Applicable Background: In June 1997, the Port of San Diego and the Community Development Commission entered into a Memorandum of Understanding agreement to accomplish a variety of projects in the National City Harbor District. Under the Memorandum of Understanding, the Port of San Diego is required to reimburse the Community Development Commission for project costs. In May 2000, a billing statement was sent to the Port of San Diego. This billing statement was overstated by $109,807.19, and therefore is owed to the Port of San Diego. CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 41 (-ITEM TITLE Public Hearing - Downtown Specific Plan Consistency Review for project, `Revolution 1' Location: 1105, 1121, 1123, & 1125 National City Boulevard APN: 556-554-18, -19, -20 Applicant: Constellation Property Group Case File No.: DSP-2006-3 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The project site is located at the southeast corner of National City Boulevard and 11th Street. The proposed development is a mixed -use condominium building with a total of 48 residential units, 6,830 square feet of commercial space, and 102 parking spaces. The building would consist of seven levels above two levels of underground parking, with a building height of 82-feet. ENVIRONMENTAL REVIEW An EIR was certified for the Downtown Specific Plan, and a Mitigation Monitoring and Reporting Program was adopted pursuant to the California Environmental Quality Act. The EIR is adequate environmental documentation for those projects that are consistent with the Specific Plan. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommends approval of Downtown Specific Plan Consistency Review (DSP-2006-3). BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background Report 2. Exhibit (DSP-2006-3) Resolution No. A-200 (9/80) Attachment 1 BACKGROUND REPORT Subject Property The project site consists of three parcels that total 18,513 square feet (0.42 acres) at the southeast corner of National City Boulevard and 11th Street. The site has 160-feet of frontage along National City Boulevard and 115-feet along 11th Street. Previous businesses located on the site include a used car lot and Lourdes Family Restaurant. Other businesses on the block include an Enterprise Rent-A-Car agency to the south and commercial offices to the east of the adjacent alley. Approximately two acres to the east of the alley have received Consistency Review approval for the Revolution 2 and Centro condominium projects. The project site is located in Development Zone 5B of the Downtown Specific Plan. Proposed Development The proposed development is a seven -story condominium building consisting of 48 residential units above 6,830 square feet of commercial space and 102 parking spaces. The building would be built to the property lines. This unit mix would consist of 48 residential units (two-bedroom/2-bath) on six levels above the ground floor commercial space. Parking would be provided on the ground floor behind the commercial space and accessed from the existing alley, as well as on two basement levels accessed from a driveway on 11th Street. Residential amenities would include private balconies and winter gardens and common open space within a landscaped courtyard. All residential units would have views of the internal landscaped courtyard and views either to the east or west of the project site; end units would also have views either to the north or south. The primary residential entry would be provided along 11th Street; however entrances would also be provided along National City Boulevard and the alley. Two elevators would serve all floors, including the two garage basement levels. Analysis The proposed development is consistent with the land use regulations of the Downtown Specific Plan. The project falls within Development Zone 5B, which specifies a preferred land use of "medium -density multi -family residential over street -level retail." The proposed project would achieve this land use objective. The proposed project is also consistent with the development standards of Development Zone 5B, which allow a maximum floor area ratio (FAR) of 4:1 and a maximum height of 90-feet. The project has a total floor area of 73,979 square feet, which is an FAR of 4:1, and a maximum height of 82-feet. The parking requirement for the project is 75 spaces based on the unit mix and the commercial floor area; the project would provide 102 spaces. Fiscal Impact The subject property is located in the National City Redevelopment Project Area. Consequently, any improvement of the property would result in an increase in property tax revenues to the CDC. The current assessed value of the subject property is approximately $503,500. The proposed project has an estimated value of approximately $37 million. If developed, the project could result in over $244,527 in additional annual tax increment to the CDC. Twenty percent of the annual tax increment would go into the Low/Mod Fund. Sales tax revenue would also be generated by the commercial component of the project. If developed, the project could result in $81,421 in development impact fees based on the number of residential units and commercial square footage. Development impact fees are allocated to Parks and Recreation, Library, Fire/EMS, and Police facilities. In addition, the project is located in the Morgan Square Property Based Improvement District, where the residential component would be assessed an annual fee of $240 per residential unit, $11,520 annually, as well as $2,560 annually for the commercial component. Attachment 2 EXHIBIT DSP-2006-3 (Note: Full-sized set of plans available for review in the CDC offices) 1.6•MAWN01R REVOLUTION 1 - NATIONAL CITY, CALIFORNIA for the constellation property group Re -issued for Consistency Review July 2006 0n0M01 Axa0NTlaf. CTum WM.,W0M pf.antal MAW MR cerWOr.O•311VIIIINORMV00.....a.lnall. AMR& WNrm4TIUNGI aN .4111.10.1% Seg. UM. nllma.Na1Paarameapalne C0LNDKNf4A PAmwN. uaoLonaoMNc 11MIX fN1gn41100 /JN1WN410n MN0140YnN 13.M.PIaWAh1EK NwluaaMR r 0ullA164VNl4 COMMIE MEENM000ABWCAT10Nt 'INI4IC*ITV.MNPPNl01RWllp1 a4MWNEMVI WV AVfR Iauw 119pl-1WNa Ir. ." na%MwP**11 1W p0L A%O..9...4n.1WNA.0 rM A V Nna00q: 41114.1.1,1.011101:00g (CSG).2.1nrnal NAM. e.c1AVM 0W1Ma4`11awRIW 100.0111011 NMIPMHaYWECW eJec), 011Wl l Me 61h0N0C01CY1. CIP(y MATYPLgnr WI.. W01 ON CI.CWNFYIYH: W.tl014m00*o.*C 0WON IMf0 00NOIRCI1W TOW PCI 51.0.1 MG*MOL IMAl11AA .0 1Erlrae ornlN'AwNYM1ATM. 11*C4 01.lAI .y .taer VlnMl M ONNMWM 0..I41020011 *▪ 10 .N.l N.Ma.•O..N.O. MI dam 101 101 Plw+IAII wl Fla 01nEa0MM O..I.IN.1.0 N..N r1111,011YVL11*011a• O redo. tllpNllM4 MN.14MMI ✓ MPNiliulwl C.aa1al.Na.t 1Pl W a*MAI4111110011. • 1▪ 14V41CA•401/0 O (� 1a11.0 aNnlalN$IN h N1a9NMa E.N.1a1w Cr. ON .%VI1MYM' tl▪ n4.11].MIN a iel, Rd Me Maf44 0 MO OW aa..lTim rwwlw • 0 M. w ..0rn1 1N4nGa1N KO fla .0Ile na a4ttrw P.a4P111 CDC OF NATIONAL CITY ..«al-• I-� 1 marches."+partners International .aA1.1. ...wal4401 .N.E. P.II TT,w.M...i Ike y1en. Pia .-.INOaMawM-N-R.m� Warr CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP CONSISTENCY REVIEW REVOLUTION t NATIONAL CITY, CALIFORNIA 04MO111N COVER SHEET SHEET 1 OF 13 66616 A 1.01 116..6016.11 Revdulle pvbl A'n M Y NyoMen pN. 11 Ito 11 PROPOSED TPARKING SUMMARY pNMNKMI pscINOYYCPn4IMMO tor Amour. moo, S� 1A roam Y fsAmi seeel Rv , :a1 LMYT(PE Ca 3AB To,lLsor Leas Or f 3 J..moto/ a 001 ITI s.•xea 111a * a3 ear 1NAM infer VIUIMFAIn3 ).M ze DA. M1A1.0 AOr M. AMAIYA Cf� � ;xiC„l.e„ rem,* MAM u.. Ne :'12 eM 11• w]Y Sr. ]mA. 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CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP CONSISTENCY REVIEW eeoacr REVOLUTION 1 NATIONAL CITY, CALIFORNIA BUILDING SECTIONS SHEET 12 OF 1a Ines La Al.Sp ...>e N su Uuee.! 0110111 eeel io1C[+II:»41 O— c ----I ALLEYWAY M 111111111 I II111111 '1♦ ■ n1111in11 II Ills 1iiItIiI iI1IIIIIII ill�Illllll ��aaid 7 NATIONAL CITY BLVD OPRELIMINARY LANDSCAPE PLAN SCALE ue, ADJOINING PROPERTY VOGRT•Or MAW marchese + partners International , am w • wawa* oyfryfferaM ▪ now CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP CONSISTENCY REVIEW REVOLUTION 1 NATIONAL CITY, CAUFORNIA REUWARY LANDSCAPE PLAN SHEEr13 OF 13 te., 0e01e A - 5 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 42 ITEM TITLE Public Hearing — Downtown Specific Plan Consistency Review for development project, 'Park Lofts' Location: 1509, 1531, 1535 National City Boulevard and 49 East 16th Street APN: 560-100-05, -06, -07, -08 Applicant: Willmark Communities, Inc. Case File No.: DSP-2006-1 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The project site is the block located south of the City Library. The proposed development is a mixed - use condominium project with a total of 306 residential units, 3,800 square feet of commercial space, and 334 parking spaces. The applicant proposes to retain and manage the property as market -rate rental units. The largest building would consist of five levels above two levels of parking, with a building height of 65-feet. The project would require vacation of the southern half of 15th Street along the northern project boundary, as well as the alley between 15th and 16th Streets. The Planning Commission has determined that the street and alley vacation would not be consistent with the General Plan. Consequently, the project as proposed would not be consistent with the Downtown Specific plan, which implements the General Plan. ENVIRONMENTAL REVIEW A Program EIR was certified for the Downtown Specific Plan. Development that is consistent with the Downtown Specific Plan is considered to be adequately addressed in the Program EIR. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Uphold the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION On July 17, 2006, the Planning Commission determined that the street and alley vacation would not be consistent with the General Plan, and that the project as proposed would not be consistent with the Downtown Specific Plan. ATTACHMENTS 1. Background Report Resolution No. L A-200 (9/80) Attachment 1 BACKGROUND REPORT Subject Property The project site is 84,100 square feet in size (1.93 acres) and consists of four parcels that comprise the block on the east side of National City Boulevard between 15th Street and 16th Street, as well as the alley and southern half of 15th Street. The site is adjacent to Kimball Park to the east and the Library to the north. Existing businesses on the block include used car sales and automotive repair. The site is located in Development Zone 13 of the Downtown Specific Plan. Proposed Development The proposed development is a mixed -use condominium project consisting of three buildings with a total of 306 residential units, 3,800 square feet of commercial space, and 334 parking spaces. The applicant proposes to retain and manage the property as market -rate rental units. The largest building, Building A, would occupy two-thirds of the site and include all of the frontage along National City Boulevard and most of the frontage along 16th Street. This building would consist of 255 residential units (110 one -bedroom; 85 one -bedroom plus den; 60 two -bedroom) on five levels above two levels of parking, with a building height of 65-feet. Commercial lease area would be located along National City Boulevard and at the corner of 16th Street. One driveway entrance to the parking levels would be provided along 16th Street. The second-largest building, Building B, would be physically separated from Building A and would be located along the eastern project boundary adjacent to Kimball Park. This building would consist of 45 residential units (15 one -bedroom; 30 two -bedroom) on four levels with a building height of 40-feet. The smallest building, Building C, would consist of six two -bedroom units along the east side of Building A, above one garage level. Buildings B and C would be separated by a driveway with access to 16th Street. Project amenities would include a resident common area, a pool, and cabana. The applicant has requested that the alley within the project site and the southern half of 15th Street be vacated by the City for purposes of developing the project as proposed. The alley is 20-feet in width and 250-feet in length, and would add 5,000 square feet of developable area to the project. The 15Street frontage along the project site is 290-feet, and is 40-feet wide south of the center line; the half -street vacation would add 11,600 square feet square feet to the project. The applicant proposes to develop the remaining 15th Street right-of-way (north of center line) as a pedestrian paseo from National City Boulevard to Kimball Park. Analysis On August 17, 2006, the Planning Commission determined that the proposed street vacation would not be consistent with the General Plan. Consequently, the project as proposed would not be consistent with the Downtown Specific plan, which implements the General Plan. Fiscal Impact if Project is Approved The subject property is located in the National City Redevelopment Project Area. Consequently, any improvement of the property would result in an increase in property tax revenues to the CDC. The current assessed value of the subject property is approximately $930,000. The proposed project has an estimated value of approximately $85 million. If developed, the project could result in roughly $563,000 in additional annual tax increment to the CDC. Twenty percent or $114,000 of the annual tax increment would go into the Low/Mod Fund. Sales tax revenue would also be generated by the commercial component of the project. If developed, the project could result in $377,660 in development impact fees based on the number of residential units and commercial square footage. Development impact fees are allocated to Parks and Recreation, Library, Fire/EMS, and Police facilities. In addition, if the project is annexed into the Morgan Square Property Based Improvement District, the residential component could be assessed an annual fee of $240 per residential unit, $73,440 annually, as well as annual fees for the commercial component. CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 43 ITEM TITLE Resolution — Downtown Specific Plan Consistency Review for project, `Revolution 1' Location: 1105, 1121, 1123, & 1125 National City Boulevard APN: 556-554-18, -19, -20 Applicant: Constellation Property Group Case File No.: DSP-2006-3 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The project site is located at the southeast corner of National City Boulevard and 11th Street. The proposed development is a mixed -use condominium building with a total of 48 residential units, 6,830 square feet of commercial space, and 102 parking spaces. The building would consist of seven levels above two levels of underground parking, with a building height of 82-feet. ENVIRONMENTAL REVIEW An EIR was certified for the Downtown Specific Plan, and a Mitigation Monitoring and Reporting Program was adopted pursuant to the California Environmental Quality Act. The EIR is adequate environmental documentation for those projects that are consistent with the Specific Plan. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommends approval of Downtown Specific Plan Consistency Review (DSP-2006-31. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW FOR A MIXED -USE PROJECT, "REVOLUTION 1" LOCATION: 1105, 1121, 1123, & 1125 NATIONAL CITY BOULEVARD APPLICANT: CONSTELLATION PROPERTY GROUP CASE FILE NO.: DSP-2006-3 WHEREAS, the applicant has filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the adopted procedures for Consistency Review require the Community Development Commission Board to consider all development proposals at a public hearing;'and WHEREAS, the Community Development Commission Board considered the application at a duly advertised public hearing held on August 22, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Community Development Commission Board considered the recommendation and findings of the staff report contained in Case File No. DSP-2006-3, which is incorporated herein by reference, along with the 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; and WHEREAS, the Community Development Commission Board desires to achieve the goals and implement the policies of the Downtown Specific Plan; and WHEREAS, the Community Development Commission Board has determined that the adoption of the action recited herein would further the goals and policies of the Downtown Specific Plan. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission Board finds that the testimony and evidence presented at the public hearing support the following findings: 1. Basic Compliance — The project complies with the maximum height, minimum setback, maximum floor -area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Specific Plan. 2. Creating a Place for People — The project enhances the pedestrian experience with attractive and distinctive design and amenities. 3. Enrich the Existing — The project enriches the qualities of the existing downtown by exhibiting a distinctive design that arises from and complements its setting, including the scale of the downtown, the block, and the street. Resolution No. 2006 — August 22, 2006 Page 2 4. Make Connections — The project is integrated physically and visually with its surroundings. The project exhibits attention on how to get around by foot, bicycle, public transportation and automobile — in that order. 5. Work with the Landscape — The project strikes a balance between the natural and man- made environment and utilizes each site's intrinsic resources — the climate, landform, landscape, and ecology to maximize energy conservation and create distinctive amenities. 6. Mix Uses and Forms — The project weaves together different building forms, uses, textures, and densities. 7 Design for Change — The project is designed for energy and resource efficiency; creating flexibility in the use of property, public spaces (including the sidewalk) and the service infrastructure and introduces or acknowledges through design; new approaches to transportation, traffic management and parking. BE IT FURTHER RESOLVED that the Community Development Commission Board has considered that the Program Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Program Environmental Impact Report, which reflects the Community Development Commission Board's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the Community Development Commission Board approves said Downtown Specific Plan Consistency Review subject to the following conditions: 1. Mitigation Measures. The project shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program EIR for the Downtown Specific Plan. 2. Approved Plan. The project shall be developed and maintained in substantial conformance with Exhibit (DSP-2006-3), dated August 22, 2006, except as modified by the conditions of approval. 3. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 4. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 5. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. Resolution No. 2006 — August 22, 2006 Page 3 6. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 7 Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 8. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter, sidewalks; medians; parkways; landscape; street lights; street fumiture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 9. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated May 17, 2006. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) 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 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. c) 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. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary Resolution No. 2006 — August 22, 2006 Page 4 measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains; shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. A sewer permit will be required. The City is currently preparing a sewer study that considers the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the budding pads, the criteria for any new retaining wall design, the maximum allowable soil bearing. pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. g) i) The deteriorated portions of the existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. j) 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. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. Resolution No. 2006 — August 22, 2006 Page 5 m) 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 plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. o) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. 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. q) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. r) The Final Map shall be recorded prior to issuance of any building permit. s) All new property line survey monuments shall be set on private property, unless otherwise approved. t) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. p) 10. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memorandum dated May 10, 2006. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities — The developer shall be required to upgrade the sewer line to 12-inch diameter. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along the project's alley and street frontages to assure safety of the residents at night. Resolution No. 2006 — August 22, 2006 Page 6 11. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements contained in Fire Department memorandum dated May 25, 2006. a) Project to be designed, developed and constructed in compliance with the Califomia Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City b) Automatic fire sprinkler system will be required. c) Class I standpipe system will be required d) Automatic and manual fire alarm system with communications system will be required. e) Smoke control system will be required. f) Fire Department central control station will be required. g) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 12. Building Department Requirements. RESOLUTION NO. 2006 — comply with all Building Department requirements, and plans shall comply with the 2001 editions of the Califomia Building Code, the Califomia Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 13. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated May 16, 2006. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 14. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the requirements contained in National City Transit memorandum dated March 10, 2006. a) Construction of an expanded bus stop at National City Boulevard & 12th Street with a larger shelter (or two smaller sizes) and additional interior/exterior benches and trash containers. This shelter(s) should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. Shelter style should also be considered to fit with the new project and possibly different from existing design. Cost for these upgrades should be borne by the developer. Resolution No. 2006 — August 22, 2006 Page 7 b) NCT should be directly involved during the preliminary and ongoing evaluation of any/all proposed shuttle services within National City. An evaluation should also be undertaken to see if it would be more cost effective for NCT to directly operate this proposed new service in conjunction with our existing fixed route service. One benefit of this concept would be the leveraging component of Transit Capital funds for equipment purchases (including vehicles) and possible availability of FTA and Department of Homeland Security funding and grants as well. c) Evaluate the existing bus stop in front of the NCPD (West side of National City Boulevard) for installation of shelter and bench if warranted. d) Submit the plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for his review and comments. 15. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to fomi and content by the City Attomey of the City of National City. 16. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that 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 such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 17. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 18. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. Resolution No. 2006 — August 22, 2006 Page 8 19. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 20. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey of the City of National City and signed by the City Manager of the City of National City prior to recordation. 21. Expiration. This permit shall expire two years after the effective date of approval unless prior to that date a request for a time extension has been filed in writing to the Community Development Commission. The process for a time extension shall be the same as the process for application for the original permit. 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 Community Development Commission 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. PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 44 ITEM TITLE Resolution — Downtown Specific Plan Consistency Review for development project, 'Park Lofts' Location: 1509, 1531, 1535 National City Boulevard and 49 East 16th Street APN: 560-100-05, -06, -07, -08 Applicant: Willmark Communities, Inc. Case File No.: DSP-2006-1 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The project site is the block located south of the City Library. The proposed development is a mixed - use condominium project with a total of 306 residential units, 3,800 square feet of commercial space, and 334 parking spaces. The applicant proposes to retain and manage the property as market -rate rental units. The largest building would consist of five levels above two levels of parking, with a building height of 65-feet. The project would require vacation of the southern half of 15th Street along the northern project boundary, as well as the alley between 15th and 16th Streets. The Planning Commission has determined that the street and alley vacation would not be consistent with the General Plan. Consequently, the project as proposed would not be consistent with the Downtown Specific plan, which implements the General Plan. ENVIRONMENTAL REVIEW A Program EIR was certified for the Downtown Specific Plan. Development that is consistent with the Downtown Specific Plan is considered to be adequately addressed in the Program EIR. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Uphold the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION On July 17, 2006, the Planning Commission determined that the street and alley vacation would not be consistent with the General Plan, and that the project as proposed would not be consistent with the Downtown Specific Plan. ATTACHMENTS 1. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY DENYING A DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW FOR DEVELOPMENT PROJECT, 'PARK LOFTS' LOCATION: 1509, 1531, 1535 NATIONAL CITY BOULEVARD AND 49 EAST 16TH STREET APPLICANT: WILLMARK COMMUNITIES, INC. CASE FILE NO.: DSP-2006-1 WHEREAS, the applicant has filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the adopted procedures for Consistency Review require the Community Development Commission Board to consider all development proposals at a public hearing; and WHEREAS, the Community Development Commission Board considered the application at a duly advertised public hearing held on August 22, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Community Development Commission Board considered the recommendation and findings of the staff report contained in Case File No. DSP-2006-1, which is incorporated herein by reference, along with the evidence and testimony at said hearing; and WHEREAS, the Planning Commission of the City of National City determined on July 17, 2006, that the proposed street and alley vacation is not consistent with the General Plan; 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 that the Community Development Commission Board finds that the testimony and evidence presented at the public hearing support the finding that the project is not consistent with the Downtown Specific Plan. BE IT FURTHER RESOLVED that based on the finding hereinbefore stated, that the Community Development Commission Board denies said Downtown Specific Plan Consistency Review. 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 Community Development Commission 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 — August 22, 2006 Page 2 PASSED and ADOPTED this 22nd day of August, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 22, 2006 AGENDA ITEM NO. 45 ITEM TITLE A Report on the request for use of Community Development Commission property within the National City Mile of Cars as passive recreation space for residents of Keystone Trailer Park. PREPARED BY ( Patricia Beard Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION Following a request by Keystone Trailer Park residents to be allowed access to an adjacent vacant parcel owned by the Community Development Commission ("CDC") for passive recreation, this report is being provided to the CDC so it can deliberate on the request. The assessor parcel number for this property is 562-321-08. Commonly known as RCP, it is located on National City Boulevard immediately south of the Keystone Trailer Park on the southern border of the City and Redevelopment Project area. (Please see attached sheet.) Environmental Review This project would require a Conditional Use Permit and analysis under the California Environmental Quality Act ("CEQA"). Financial Statement The request from residents did not ask for any property improvements. There would be minor costs (less than $2,000) to secure a water monitoring well on the site and to restructure the site fencing to allow access. The CDC's American's with Disabilities Act compliance would cost an additional $2,000. Cost of CEQA compliance cannot be anticipated at this time. STAFF RECOMMENDATION Decline the request. BOARD / COMMISSION RECOMMENDATION Not applicable. IATTACHMENTS 1. Background Report 2. Recreation Superintendent Memo Resolution No. J A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT The CDC has been requested to consider opening the above mentioned "RCP" site to Keystone Trailer Park residents for passive recreation uses. Staff is providing the following information for the CDC's consideration of the request: 1) CDC Attorney — Separate insurance can not be obtained by the CDC just to cover this property and use. The CDC would potentially be sued in the event of any real or perceived injury occurring. 2) CDC Attorney — Access to the site, if opened, cannot be limited to Keystone Trailer Park residents. Any member of the public will have equal access to the site if it is opened. 3) Building Department — This site would require some improvements to comply with the Americans with Disabilities Act ("ADA"). These would include the creation of a "handicapped accessible" parking space and a four -foot walkway to the main area of activity. 4) Planning Department — This site is zoned Commercial Automotive Planned Development Coastal Zone (CA-PD-CZ). This zone allows new automobile dealerships and related uses. Public parks are a City-wide conditionally permitted use. The National City Redevelopment Plan designates this area for redevelopment to Transportation Center. Analysis under the California Environmental Quality Act would be required. Parking and street access will be issues to address. 5) Redevelopment Division — The Redevelopment Plan currently calls for revitalization of this site as an addition to the National City Mile of Cars. In staffs experience, once public recreation is allowed on vacant parcels awaiting redevelopment it is difficult to successfully advance redevelopment proposals due to public opposition to losing a recreation area. 6) Community Services — Please see the attached Recreation Superintendent memo discussing currently existing recreational opportunities available to Keystone residents from the City. 7) National City Transit — Metropolitan Transit System ("MTS") provides services on National City Boulevard outside of Keystone Trailer Park. Residents can connect to east and west bound City transit service to reach community recreational facilities. April 5, 2006 To: Chris Zapata, City Manager Leslie Deese, Community Services Department From: Irma Acedo Recreation Superintendent Subject: Keystone Community : Recreation Facilities & Programs National City has many organizations throughout the City that offer recreational activities for youth, teens & adults. The following are services and amenities in close proximity to Keystone. National City Community Services Dept./Recreation Casa de Salud, Center 1418 E. Harding Hours:. 3:00 p.m. — 7:00 p.m., M-TH 1.) Afterschool Recreation Grades: 3r — 6th Fee: No charge Activities: Indoor basketball, ping pong, pool, video games, ceramics, computer, videos, field trips, snacks, contests, board games, homework assistance, special events and other activities. 2.) Teen Extreme Program Ages: 13 — 17 years Activities listed above 3.) Special Interest Classes: Ceramics, Sewing (nominal fee) 4.) Senior's Club on Wednesdays 10:00 a.m. — 3:30 p.m. (transportation available) For additional information: Norma @ (619) 336-4290 / 336-6757 Bi-lingual Kimball Recreation Ctr. 148 E. 12th Street Hours: 2:30 p.m. — 6:00 p.m., M-F 1.) Afterschool Recreation Grades: 3rd — 6th Fee: No charge Outdoor basketball, foosball, computers, tennis, softball, soccer, field trips, crafts, snacks, contests, board games, cooking, football, holiday celebrations, indoor hockey, cheerleading and other activities. 2.) Special Interest Classes: Hip Hop Dance, Cheerleading, Chess (nominal fee) 3.) Dev. Disabled Adults Advocacy Meeting Mondays 11:00 a.m. — 2:00 p.m. For additional information: Norma @ (619) 336-4290 / 336-6754 Bi-lingual N.C. Bov's & Girl's Club 1430 D Avenue Hours: 2:30 p.m. — 6:30 p.m. M-F 1.) Afterschool Recreation Ages: 6 —18 Fee: $40 yearly No child will be turned away because of the inability to pay. Discount for 2+ children academic help, leadership groups, arts & crafts, computer classes, games, sports, field trips, ceramics and more. CaII for details. For additional information: Kim Rhodie @ (619) 477-5445 Bi-lingual Wings Afterschool Program Located at the following schools: Kimball, Olivewood, and John Otis Elementary Schools 1.) Morning & Afterschool Program Grades 1st — 6th Fee: No charge Homework help, computer skills, reading, language, math, social studies, science, tutoring, Jr. golf, seasonal sports, instrumental music; Mariachis, art, karate, performing arts, ballet folklorico and Pasacat dance. For additional information: Clint Taylor @ (619) 336-7738 Bi-lingual Community Youth Athletic Center 1018 National City Blvd. Hours: 4:30 p.m. — 8:00 p.m. Monday — Friday / weekends open for competitions Ages: 8 —18 years 1.) Activity Program: Fee: Call for Info. Olympic style boxing program, computer skills, competitions in boxing events, mentoring, and other activities. For additional information: (619) 474-2922 Bi-lingual Samahan Youth 2 youth Teen Center 2835C Highland Ave. Hours: 11:30 a.m. — 6:00 p.m. Monday — Friday Ages: Teens Fee: None 1.) Acitivity Program: Peer counseling, aids education & testing, afterschool programs, computers, t.v., radios, board games and outdoor activities For additional information: (619) 477-4451, ext. 309 (bi-lingual) N.C. Public Library 1401 National City Blvd. Hours: 10:00 a.m. — 8:00 p.m. Monday — Thursday, closed Fridays Ages: Birth - 12th grade 1.) Activity Program: Fee: None Reading programs, Family time, Family night at the library, Storytime, Reading Is fundamental, computer lab. For additional information: (619) 470-5800 (bi-lingual) 3 SouthBay Aquatics Las Palmas Swimming Pool / Currently under renovation 1.) Activity Program: Training and quality instruction that allows athletes to systematically progress from novice to national caliber level. For additional information: (619) 434-5526 Fee: None Pop Warner Football — South Bay Eagles El Tovon Park, 4th St. & U Street 1.) Activity Program: Flag football Ages 5 7, Mighty Mites Ages 7 — 9, Jr. Pee Wee Ages 8 — 10, Older but lighter Ages 11, Pee Wee Ages 9 —11, Older but lighter Ages 12, Jr. Midget Ages 10-12, Older but lighter Ages 13, Midget Ages 11-14, older but Lighter Ages 15. For additional Information: Keisha @ (619) 479-2887 Fee: None American Little League Kimball Park, 12th St. & D Avenue 1.) Activity Program: T-ball and baseball, Majors, minors, Caps & T-ball divisions For additional information: (619) 479-1121 National Little League Las Palmas Park, 1800 E. Newell Street 1.) Activity Program: Majors, Minors, Caps, T-ball divisions For additional information: (619) 267-7806 Pony & Colt League Kimball Park, 12th St. & D Avenue 1.) Activity Program: Baseball for teens Additional information: (619) 475-6564 Girl's Softball League Las Palmas Park, 20th & Newell 1.) Activity Program: Minor Div. (6-9 years), Major Division (10-12 years), Senior Division (13-16 years), Open Div. (17 — adult), Winter League (adult slowpitch) For additional information: (619) 336-0588 (bi-lingual) N.C. Aquatic Center Bay Marina Dr. & Tidelands Ave. 1.) Activity Program: Kayaking for Kids Fee: CaII for Info. For additional information: South Bay Family YMCA (619) 421-8805 t{ • Skate San Diego 700 E. 24th Street 1. Activity Program: Fee: Call for info. Roller Hockey for youth, high school and adults, public skating hours For additional information: (619) 474-1000 PARKS Port of San Diego Pepper Park, Tidelands and Bay Marina Drive, N.C. Amenities: Boat launching ramp, fishing pier, picnic tables, Bay view, Bench Art sculptures, Children's playground For additional information: (619) 686-6225 Kimball Park, 12th Street & D , National City Amenities: amphitheatre, ballfields, tennis court, basketball court, walking trail, picnic tables, children's play area, N.C. Library, Kimball Recreation Center, Boys and Girl's Club and the MLK Community Center. For additional information call 336-4290 (bi-lingual) Sweetwater River levee bike trail (access off of 33`d & Hoover) weetwater High School track field, gymnasium, basketball courts Jr additional information: (619) 474-7635