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2006 10-05 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 — October 3, 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 interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.natlonal-city.ca.us CITY COUNCIL CONSENT CALENDAR COUNCIL AGENDA 10/3/06 Page 2 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. 1. Approval of the minutes of the Regular City Council/Community Development Commission meeting of August 22, 2006. (City Clerk) 2. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. Resolution of the City Council of the City of National City approving Change Order Number Two with MJC Construction to exclude the Additive Alternatives A4 and A5 (Central Boardwalk and Connections) from the original contract and add north/south (new alignment) boardwalk based on Time and Material (T&M) method with no change in the cost for the Paradise Creek Education Park Project. (Engineering) 4. Resolution of the City Council of the City of National approving Change Order Number 16 with Jaynes Corporation in the combined total amount of $105,284 for various additions and upgrades to the National City Library using the remaining state bond funds and authorizing the City Engineer to sign the change order. (Engineering) 5. Resolution of the City Council of the City of National City accepting the work and authorizing the filing of a Notice of Completion for the library project. (Engineering) Resolution approving a Tentative Subdivision Map for division of one 23,917 square foot property into three lots at 1821 and 1827 "C" Avenue. (Applicant: Ziba Ghaziaskari) (Case File No. S-2006-14) (Planning) COUNCIL AGENDA 10/3/06 Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute a lease agreement between the City of National City and American Medical Response to lease space for one ambulance and two American Medical Response paramedics at Station #34 for $23,580 annually per this lease agreement. (Fire) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an amendment to the lease with Sprint PCS Assets, LLC for a portion of Sweetwater Heights Park, in order to accommodate changes in the equipment located on the leased premises. (City Attorney) 9. City Council and National City Police Department response to the Chief Presiding Judge regarding Grand Jury recommendations on felony warrants. (Police/City Attorney) 10. WARRANT REGISTER # 10 (Finance) Ratification of Demands in the amount of $138,879.53 11. WARRANT REGISTER # 11 (Finance) Ratification of Demands in the amount of $1,387,365.25. 12. Notice of Decision — Variance for Tess than required parking, an additional overhead door, and a reduced setback for the overhead doors at 2101 Hoover Avenue. Applicant: Cecilia Kirk for Christmas in July. (Case File No. Z-2006-4). (Planning) 13. Notice of Decision — Tentative Parcel Map and Conditional Use Permit for three condominium units on an 8,388 square foot parcel, exceptions for guest parking and setbacks at 1340 E. 8`h Street. (Applicant: Triumph Development, LLC.) (Case File No. LS-2006-3/CUP-2006-8). (Planning) COUNCIL AGENDA 10/3/06 Page 4 PUBLIC HEARING 14. Public Hearing - Tentative Subdivision Map for Revolution 1 Condominiums located at 1105, 1121, & 1123 National City Boulevard. APN: 556-554-18, -19, & -20. Applicant: Constellation Property Group LP. (Case File No.: S- 2006-11) (Community Development Commission) ORDINANCE FOR ADOPTION 15. An Ordinance of the City Council of the City of National City adding Chapter 10.48 to the National City Municipal Code mandating responsible beverage service training for sellers and servers of alcoholic beverages at on -sale licensed establishments. (City Attorney/Police) NON CONSENT RESOLUTIONS 16. Resolution of the City Council of the City of National City approving the Tentative Subdivision Map for Revolution 1 Condominiums located at 1105, 1121, & 1123 National City Boulevard. APN: 556-554-18, -19, & -20. Applicant: Constellation Property Group LP. (Case File No.: S-2006-11) (Community Development Commission) 17. Resolution adopting City Council Policy #804 on "City Support for Special Events." (Community Services) 18. Resolution of the City Council of the City of National City approving Change Order Number Three with MJC Construction for the installation of the east/west (new alignment) boardwalk in the amount of $268,000 (Lump Sum) and transferring funds from Park Development Impact Fees Undesignated Balance and the Park and Recreation Capital Outlay to the project expenditure account for the Paradise Creek Education Park Project. (Engineering) 19. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Constellation Property Group, LP, for the payment of $70,000 to the City for the cost of tenant improvements to the vacant National City Public Library located at 41 East.12th Street to accommodate the relocation of the international Longshore and Warehouse Union Local No. 29 offices. (Community Development Commission) NON CONSENT RESOLUTIONS (Cont.) COUNCIL AGENDA 10/3/06 Page 5 20. Resolution of the City Council of the City of National City approving a lease with the San Diego Joint Port Labor Relations Committee for use of the western portion of the former National City Library building (200 East 12th Street) for office use and authorizing the Mayor to execute the lease. (Community Development Commission) NEW BUSINESS 21. Temporary Use Permit — Modular Trailers/Canopies located on Cornerstone ' Church of San Diego at 1920 Sweetwater Road from October 4, 2006 to March 3, 2007 with no waiver of fees. (Building & Safety) 22. Temporary Use Permit — National City Public Safety Fair hosted by the Community Service Department on October 7, 2006 at Kimball Park. (Building & Safety) 23. Temporary Use Permit — Fabulous 50's event hosted by the Sweetwater Crossings Merchants Association on October 28, 2006 from 11 a.m. to 3 p.m. at the Sweetwater Crossings Shopping Center with no waiver of fees. (Building & Safety) 24. Temporary Use Permit — Lunch with Santa hosted by the Sweetwater Crossing Merchants Association on December 9, 2006 at Sweetwater Crossings Shopping Center from 11:00 a.m. to 2 p.m. with no waiver of fees. (Building & Safety) 25. Request to use the Martin Luther King Jr. Community Center by the National City Chamber of Commerce for their annual "Salute to Navy Luncheon" on Wednesday, October 11, 2006. (Community Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 26. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 09/06/06 through 09/20/06 of $777,885 (Community Development Commission/Finance) COUNCIL AGENDA 10/3/06 Page 6 CONSENT CALENDAR (Cont.) 27. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute agreements with Falkenberg/Gilliam & Associates for the Management Morgan and Kimball Towers on a month -to -month basis. (City Attorney) 28. Resolution of the Community Development Commission authorizing the Chairman to execute an agreement between the Community Development Commission and Ildifonso Carrillo and Rene Guzman, owners of Chicano Perk and authorizing the expenditure of $50,000 from redevelopment funds for the improvements to Chicano Perk at 616 National City Boulevard. (Community Development Commission) 29. Resolution of the Community Development Commission authorizing the Chairman to execute an agreement between the Community Development Commission and Mike and Chris Dallo, owners of Foodland, and authorizing the expenditure of $347,326 from redevelopment funds for the improvements to Foodland Market located at 303 Highland Avenue. (Community Development Commission) 30. Resolution of the Community Development Commission of National City awarding a contract to Healy Construction Co. in the amount (base bid) of $290,326 for the facade improvements to Foodland Market on 303 Highland Avenue as part of the Community Development Commission facade improvements program and waiving a standard provision (minimum fifty percent performance by Contractor), funded through the Community Development Commission. (Community Development Commission) 31. Resolution of the Community Development Commission of the City of National City approving Amendment No. 2 to the disposition and development agreement with Constellation Property Group ("A" Avenue) LP, and approving an option agreement with Constellation Property Group (Nat City 12th) pertaining to the Centro and R-2 projects. (Community Development Commission) COUNCIL AGENDA 10/3/06 Page 7 PUBLIC HEARINGS 32. Public Hearing — A lease with Frank Motors Incorporated to use the southern portion of the National City Train Depot parking lot (922 West 23rd Street) for vehicle storage as a short time use. (Community Development Commission) 33. Public Hearing — Downtown Specific Plan Consistency Review, an amended plan, for 'Harbor View Condominiums'. Location: 404 E. 8th Street, 419 E. 9th Street; 829 D Avenue, and 831 D Avenue. APN: 556-493-01, -02, -03, - 04, -05. (Applicant: Harbor View Condo Project LLC) (Case File No.: DSP- 2006-5) (Community Development Commission) NON CONSENT RESOLUTIONS 34. Resolution approving a lease with Frank Motors Incorporated to use the southern portion of the National City Train Depot parking lot (922 West 23rd Street) for vehicle storage as a short-term use and authorizing the Chairman to execute the lease. (Community Development Commission) 35. Resolution.— Downtown Specific Plan Consistency Review for 'Harbor View Condominiums'. Location: 404 E. 8th Street, 419 E. 9th Street; 829 D Avenue, and 831 D Avenue. APN: 556-493-01, -02, -03, -04, -05. (Applicant: Harbor View Condo Project LLC) (Case File No.: DSP-2006-5) (Community Development Commission) MAYOR AND CITY COUNCIL CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) One Potential Case COUNCIL AGENDA 10/3/06 Page 8 ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday - October 17, 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 10/3/06 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF AUGUST 22, 2006 (CITY CLERK) ITEM #2 10/3/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption • It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". MEETING DATE October 3, 2006 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 3 % ITEM TITLE Resolution of the City Council of National City approving Change Order Number Two with MJC Construction to exclude the Additive Alternatives A4 and A5 (Central Boardwalk and Connections) from the original contract and add the north/south (new alignment) boardwalk based on Time and Material (T&M) method with no change in the DEPARTMENTParadise Creek EducationEnoPark Project 387 PREPARED BY Din Daneshfar E.ZPLA NATION See attached explanation. ( Environmental Review X N/A I- inancial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution. MIS Approval Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Change Order Number 2 A-200 (Rev.7/03) Re: Resolution of the City Council of National City approving Change Order Number Two with MJC Construction to exclude the Additive Alternatives A4 and A5 (Central Boardwalk. and Connections) from the original contract and add the north/south (new alignment) boardwalk based on Time and Material (T&M) method with no change in the cost for the Paradise Creek Education Park Project On August 16, 2004, the City Council by Resolution Number 2005-179 awarded a contract to MJC Construction in the amount of $1,008,900 for the construction of the first phase of the Paradise Creek Education Park. On September 19, 2005, the construction of the project began. On December 20, 2005, the City Council approved the Change Order Number One in the not to exceed amount of $150,000 for the removal and disposal of contaminated soils from the site. During the installation of the raised boardwalks and pile driving along the west side of Paradise Creek, the Contractor encountered layers/pieces of hard material at various design depths and locations. These new conditions made the excavation very difficult and time consuming, and resulted in suspension of the pile setting construction activities. The Contractor had to find the drillable spots by trial and error. This area used to be a dumpsite and considered to be an environmentally sensitive site. These conditions were reviewed and checked against the existing soils report. The findings were that the material testing included only random sampling spots and did not address the soils condition at various depths within the construction area. After having a number of meetings with the Contractor, the City and the Contractor came to a conclusion that the Additive Alternatives A4 and A5 (Central Boardwalk and Connections) be excluded from the original contract and the work be completed with a new boardwalk alignment based on Time and Materials (T&M). Due to the shift in the original alignment of the boardwalks and piling shaft locations, the central boardwalk and connections (Additive Alternates, A4 and A5) were adjusted accordingly and designated by the new alignments as the north/south (260 ft) and east/west (160 ft) boardwalk. On April 4, 2006, the Contractor started the T&M work, however, the work had to be suspended on August 7, 2006 in order to avoid a cost overrun. Currently, the seventy five percent (75%) of the work has been completed on the north/south boardwalk. Based on the staff's negotiation with the Contractor, it is recommended to complete the work as outlined by the following two change orders: • Change Order Number Two (attached) will exclude the Additive Alternatives A4 and A5 (Central Boardwalk and Connections) from the original contract in the amount of $315,000 (Lump Sum) and add the installation of the north/south (new alignment) boardwalk based on Time and Material (T&M) method in a not to exceed amount of $315, 000. 1 alignment) boardwalk based on Time and Material (T&M) method in a not to exceed amount of $3.15,000. • The Change Order Number Three will add the east/west (new Alignment) boardwalk which has been presented to the City Council as a separate item at tonight's meeting agenda. In order to complete the north/south boardwalk some of the actual improvements design will be deviated from the original plans. The main deviation will be the alignment of the boardwalk and locations of the piling shafts that will be changed to avoid the conflict with the hard subsurface material. Another major deviation will be removing the installation of the red brass railing and replacing it with a galvanized steel cable rail. The red brass railing can be very attractive target for vandalizing and costly for maintenance. The changes will reduce the cost and complete the project with the suitable alternate improvements. The current total contract amount will remain unchanged at $1,158,900 (Original Bid and Change Order Number One). 2 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. 2 WITH MJC CONSTRUCTION, INC., TO EXCLUDE THE ADDITIVE ALTERNATIVES A4 AND A5 (CENTRAL BOARDWALK AND CONNECTIONS) FROM THE ORIGINAL CONTRACT, AND ADD THE NORTH/SOUTH (NEW ALIGNMENT) BOARDWALK BASED ON TIME AND MATERIALS WITH NO CHANGE IN THE COST FOR THE PARADISE CREEK EDUCATION PARK PROJECT WHEREAS, the contract for the construction of the first phase of the Paradise Creek Educational Park was awarded to MJC Construction, Inc., on August 16, 2005, by the adoption of Resolution No. 2005-179; and WHEREAS, on December 20, 2005, the City Council approved Change Order No. 1, in the not to exceed amount of $150,000, for the removal and disposal of approximately 1,500 cubic yards of contaminated soil from the Paradise Creek site in accordance with State and federal regulations; and WHEREAS, during the installation of raised boardwalks and pile driving along the west side of Paradise Creek, the contractor discovered layers/pieces of hard material at various design depths and locations that resulted in a new boardwalk alignment based on Time and Materials; and WHEREAS, due to the shift in the original alignment of the boardwalks and piling shaft locations, the central boardwalk and connection (additive Alternates A4 and A5) were adjusted accordingly and designated by the new alignments as the north/south and east/west boardwalk; and WHEREAS, Change Order No. 2 is necessary to exclude the Additive Alternatives A4 and A5 (Central Boardwalk and Connections) in the amount of $315,000 from the original contract, and add the installation of the north/south (new alignment) boardwalk based on Time and Materials, in a not to exceed amount of $315,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 2 with MJC Construction, Inc., to exclude the Additive Alternatives A4 and A5 (Central Boardwalk and Connections) in the amount of $315,000 from the original contract, and add the installation of the north/south (new alignment) boardwalk based on Time and Materials, in a not to exceed amount of $315,000. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, III City Attorney CHANGE ORDER C/O Number 2 To (Contractor): California C/O Initiation Date: August 30, 2006 MJC Construction, Project: Paradise Creek Education Park Project Specification No.: 04-5 A Change Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION. OF CHANGE: This change order is to exclude the Additive. Altematives A4 (Central Boardwalk) & A5 (Boardwalk Connections) from the original contract in the amount of $315,000 (Lump Sum) and complete the installation of the North/South Boardwalk (T&M) in a not to exceed amount of $315,000. The change order includes installation of galvanized steel cable rail. COST RECONCILATION: The changes were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary: The original Contract Amount $ 1,008,900.00 Net change by previously authorized Change Orders $ 150,000.00 The Contract Amount prior to this Change Order $ 1,158,900.00 With the Change Order request the contract cost will remain unchanged New Contract Amount $ 1,158,900.00 Change in Contract Time: 118 Working Days Contract Completion Date: September 5, 2006 Recommended for Approval by: CITY PROJECT MANAGER DATE Approved by: CONTRACTOR/MJC CONSTRUCTION DATE CITY OF NATIONAL CITY DATE CC: Construction File Inspector City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 4 AGENDA ITEM NO. 7ITEM TITLE Resolution of the City Of National City Approving Change Order Number 16 with Jaynes Corporation in the combined total amount of $105,284 for various additions and upgrades to the National City Library; using the remaining state bond funds and authorizing the City Engineer to sign the change order. PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. d'IR1 EXPLANATION The construction of the library was made possible largely through a grant from the State of California. The grant was based upon a budget put together for the design, construction, and furnishings/equipment for the library. The budget included a contingency amount to fund unforeseen conditions. The project is complete and the library opened in August of 2005, however there is still balance remaining in the contingency account. Now that the library has been open a year, library patrons, library staff, as well as library maintenance personnel have identified a few things that could be added/upgraded to the building to increase service. The remaining balance in the contingency allows us to address these issues. There are 25 components to change order number 16 totaling $105,284. Each cost has been negotiated with the contractor and represents a cost similar to what would have been received had these items of work had been identified on bid day. Attached to this report is the change order cover sheet indicating the work, the negotiated cost for the work, and the explanation of why the change is necessary. The documentation supporting the negotiated cost (which is attached to the actual change order) has not been included in this report due to the volume of material. It is available for review at the City Engineer's Office. Environmental Review X N/A MIS Approval Financial Statement Approved By: The cost of change order number 16 is $105,284. Funds are budgeted for this Finance • , ector change order in the project account numbers 241-409-500-598-1583 and 242-409-500-59: 83. Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Change Order No. 16 cci6 A-200 (Rev. 7/03) RESOLUTION 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. 16 WITH JAYNES CORPORATION IN THE COMBINED TOTAL AMOUNT OF $105,284, WHICH IS BEING PAID BY REMAINING STATE BOND FUNDS FOR VARIOUS ADDITIONS AND UPGRADES TO THE NATIONAL CITY PUBLIC LIBRARY WHEREAS, the contract for the National City Public Library Project, Specification No. 1028, was awarded to Jaynes Corporation on February 10, 2004, by the adoption of Resolution No. 2004-19; and WHEREAS, the construction of the new library was made possible largely through a grant from the State of California; and WHEREAS, the budget for the project includes a contingency account to fund unforeseen conditions, and although the new National City Public Library was completed and has been open since August of 2005, there still remains a balance in the contingency account; and WHEREAS, library patrons, library staff and library maintenance personnel have identified items that could be added/upgraded to the building to increase service to the community, which can now be implemented using the remaining balance in the contingency account. WHEREAS, each cost has been negotiated with the contractor and represents a cost similar to what would have been received had these items of work been identified on bid day. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order 16 with Jaynes Corporation in the combined total amount of $105,284 for various additions and upgrades to the National City Public Library, using the remaining state bond funds. PASSED and ADOPTED this 3rd day of October, 2006. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney CONTRACT CHANGE ORDER TO (Contractor): Jaynes Corporation 111 Elm Street 41h Floor San Diego, California 92101 REASON FOR CHANGE: C/O Number. C/O Initiation Date: Project: Contract No.: 016 September 10, 2005 National City Public Library 1028 1. COR #232: Metal Comer Guards at Staff Entrance, Repair Broken Tile Stone. This added work is due to owner added protection/repairs of damage to Stone tile at Staff Entrance. 2. COR #232: Corner Guards in Children's Area and Outside Custodial Room This added work is due to owner added protection/repairs of damage to interior drywall corners in Children and Custodial areas. 3. COR #232: Repair and Paint Damaged Comers This added work is due to owner added protection/repairs of damage to interior drywall corners throughout the building interior. 4. COR #232: AC Ramp at Loading Area in Parking Lot This ramp was added to enable staff to move deliveries in parking lot, over the curb. This was not called for in the original drawings. 5. COR #233: Additional Wood Shelving in AV Shelves The change was due to the AV collection out growing the existing storage shelve space. 6. COR #232: Add Concrete Paving at Front Entrance The additional concrete pavement is due to the continued use of the landscape area at the entrance by patrons walking over and destroying the plantings. 7. Strip and Seal Restroom Tile Floors. This is additional work to seal and protect the tile floors in the library restrooms. This will provide better wearing surface and prolong life of flooring. This was not specified in the original plans. 8. COR #232: Re -Key Restroom Locks for Separate Key. This is an owner request to have the restrooms keyed to a individual key for safety and security reasons. 9. COR #232: Additional Stack Lighting for Adult Collection This change was an Owner request in order to provide improved lighting in and around the work tables and book stacks located in the middle of the main collection area. This is supplemental to the original lighting plan for the project. 10. COR #232: Add Light Switches at Nine (9) Locations This change was an Owner request in order to provide manual override to light sensors and to Provide switches in rooms were none were previously installed by contract. 11. COR #232: Add Door Pulls and Thumb Turn at Friends Bookstore This is an owner to revise the door pulls and to add a thumb turn lock to the door. The existing Pull hinders turning the key and the thumb turn is an added security measure. 12. COR #230: Add Projection Screen Valance at Computer Room This is an owner requested architectural upgrade to the screen in Computer room. The added cover Provides protection against vandalism to the screen. 13. COR #232: Add Glass Panel Door into Learning Center This added glass panel provides improved visibility and security for staff working in Literacy area to v dtci! chi, l.Cd' CONTRACT CHANGE ORDER TO (Contractor): Jaynes Corporation 111 Elm Street 41 Floor San Diego, California 92101 REASON FOR CHANGE (cont'd): C/O Number. C/O Initiation Date: Project: Contract No.: 016 September 10, 2005 National City Public Library 1028 14. COR #232: Add Lockset for Door to Family Literacy This was an Owner added upgrade adding security for the Literacy Room from access from the 2nd Floor landing. 15. COR #232: Add Window Coverings in Rooms 234 and 235 This modification was generated because of the western exposure sunlight and heating factor. The added coverings provide a much improved working environment for staff. These rooms did not call out to receive covering in the original project plans. 16. COR #232: Add UV Filters for Fluorescent Fixtures in LHR This modification was an owner to provide additional protection for damaging UV rays emitted from the fluorescent fixtures to the LHR collections. 17. COR #231: Add Five (5) Fire Pull Box Stations This additional work was added due to NC Fire Dept. request to have the pull boxes at five (5) exiting locations. This is a fire, life, safety upgrade form the original plans. 18. COR #232: Add Security Mirrors in LHR and AV Collection Areas These items were an owner request to provide additional security and visibility in these areas. 19. COR #232: Add End Panel to Shelving in Literacy Room This proposal request was an owner request to provide an end panel for the shelve at room entrance that did not call to receive one on the original plans. 20. COR #204: Add Stainless Steel Escutcheons at Stair The added work was an esthetic upgrade at the main radius staircase. The fitted wood cap had openings around each rail support that did not have an appealing esthetic look. The escutcheons hide the support penetration of the wood cap. No detail was provided in the plans to cover these penetrations. 21. COR #229: Add Weather Seals to Windows in Librarian's Office This was an owner requested item due to a loud howling noise being heard in librarian's office. The problem was traced to a design issue with the specified seals around door to patio. The originals were replaced with the upgraded seals. 22. COR #226: Add Door Hardware at Door # 123D The original plans did not call for locksets. These have been added to provided the owner desired security for this door opening. 23. COR #232: Re -Programming to Light Controls (Owner Request) This added scope of work was required due to the revised business hours of library operations. The lighting controls had to be modified for the new timetable. 24. COR #232: Jayne's Labor, (3) Days for Paint, Drywall Repairs in COR #232 This individual item identifies the contractor labor to perform the drywall and painting repairs requested by CNC. 25. COR 4i232: Ja•: ne's Admin nverbed, Markup and Bond Costs for COR a232 This item l.iermi'ies t i cotltra for S a. A L,C,IIc'il , .il CUR CONTRACT CHANGE ORDER TO (Contractor): Jaynes Corporation 111 Elm Street 4th Floor San Diego, California 92101 C/O Number: C/O Initiation Date: Project Contract No.: 016 September 10, 2006 National City Public Library 1028 A Change Order is hereby recommended for the followine work in the amount identified in this document: DESCRIPTION OF CHANGES: 1. COR #232: Metal Corner Guards at Staff Entrance, Repair Broken Tile Stone ..... $ 1,025.00 2. COR #232: Comer Guards in Children's Area and Outside Custodial Room $ 170.00 3. COR #232: Repair. and Paint Damaged Corners ..$ 0.00 4. COR #232: AC Ramp at Loading Area in Parking Lot $ 3,000,00 5. COR #233: Additional Wood Shelving in AV Shelves $ 6,987.00 6. COR #232: Add Concrete Paving at Front Entrance ...$ 1,575.00 7. Strip and Seal Restroom Tile Floors $ 2,500.00 8. Re -Key Restroom Locks for Sepaate Key $ 500.00 9. Additional Stack Lighting for Adult Collection $ 57,971.00 10. Add Light Switches at Nine (9) Locations. $ 4,500.00 11. Add Door Pulls and Thumb Turn at Friends Bookstore $ 550.00 12. Add Projection Screen Valance at Computer Room $ 1,951.00 13. Add Glass Panel Door into Leaming Center $ 2,319.00 14. Add Lockset for Door to Family Literacy $ 350.00 15. Add Window Coverings in Rooms 234 and 235 _....$ 3,055.00 16. Add UV Filters for Fluorescent Fixtures in LHR $ 1,024.00 17. Add Five (5) Fire Pull Box Stations $ 2,659.00 18. Add Security Mirrors in LHR and AV Collection Areas .$ 315.00 19. Add End Panel to Shelving in Literacy Room $ 578.00 20. Add Stainless Steel Escutcheons at Stair $ 2,644.00 21. Add Weather Seals to Windows in Librarian's Office $ 1,410.00 22. Add Door Hardware at Door # 123D ..S 811.00 23. Re -Programming to Light Controls (Owner Request) $ 250.00 24. Jayne's Labor, (3) Days for Paint, Drywall Repairs in COR #232...$ 1,050.00 25. Jayne's Admin., Overhead, Maiicup and Bond Costs for COR #232$ 8,090.00 COR #232: COR #232: COR #232: COR #232: COR #230: COR #232: COR #232: COR #232: COR #232: COR #231: COR #232 COR #232: COR #204: COR #229: COR #226: COR #232: COR #232: COR #232: REASON FOR CHANGE: Owner Requested Electrical, Shelving and Architectural Additions, Modifications and Revisions. (See Attached) COST RECONCILIATION: One Hundred Five Thousand Two Hundred Eighty -Four Dollars & 00/100: $ 105,284.00 Costs were reviewed by the Construction Manager and the City and negotiated to the satisfaction of the City. The foregoing increase in price is in full settlement of all entitlements directly or indirectly arising out of this change. Construction Contract Accounting Summary: The Original Contract Amount $ 11,476,444.00 Net change by previously authorized Change Orders $ 823,397.00 Revised Contract Amount due to previous Change Orders $ 12,299,841.00 With this Change Order request the Contract amount increases by ...$ 105,284.00 New Revised Contract Amount $ 12,405,125.00 Change in Contract Time: Zero (0) Calendar days Contract Completion Date: May 23, 2005 Recommended for Approval by: CONSTRUCTION MANAGER / deb, inc. DATE Martin Cabey; Project Manager PROJECT ARCHITECT REPRESENTATIVE DATE Gregory Ny; President (C.A.L) Approv, COPQT1 CIOR/ Jaynes Corporation Rick Cohen; Senior Vice President DATE OWNER/ City Of National City DATE Steve Kirkpatrick; City Engineer City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 5 AGENDA ITEM NO. (ITEM TITLE Resolution of the City Of National City Accepting the Work and authorizing the filing of a Notice of Completion for the Library Project. PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. 4383 EXPLANATION The contract with Jaynes Corporation is complete. Final inspection of the Library occurred on August 11, 2005. The Library opened for service on August 13, 2005 with the grand opening held on the same day. Although on August 11, 2005 the building was substantially complete, there were a number of "punchlist" items remaining. These items have all been completed to the satisfaction of Engineering on October 21, 2005. All necessary "close- out' documentation has been received. Based upon the above it is recommended that the Notice of Completion be filed with the County Recorder. This notice of completion has not been filed until now due to a number of upgrades and additional items allowed within the budgeting available through the state grant received for the construction of the project. These additions were accomplished through a final change order. Change Order number 16 with Jaynes Corporation adding these additional items of work is the subject of another report on this City Council Agenda. The Notice of Completion being filed with the County Recorder starts the clock on the final 30 days in which subcontractors and material suppliers can file a claim for non-payment on the project. At the completion of the 30- day period there will be no legal claim possible on the project and therefore the full retention will be released to the contractor. ( Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Notice of Completion Resolution No. noclib A-200 (Rev. 7/03) RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY PUBLIC LIBRARY PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Jaynes Corporation for the National City Public Library Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 3rd day of October, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on ctober 3 2006, of the National Cty Public Library, Specification No. 1028 Work of improvement or portion of work of improvement under construction or alteration. on the premises' located at 1401 National City Boulevard, in National City,CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with JAYNES CORPORATION Name of Original Contractor The following work and material were construction of 49,000 SF Municipal Library General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: October 3, 2006; Joint tenants, tenants in common, or other owners Signature of Owner Nick Inzunza, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on October 3, 2006, at National City, California. Signature: NICK INZUNZA, MAYOR Forms/noticeco 0 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 6 ITEM TITLE Resolution Approving a Tentative Subdivision Map for Division of One 23,917 Square Foot Property Into Three Lots at 1821 and 1827 "C" Avenue. (Applicant: Ziba Ghaziaskari) (Case File No. S-2006-14) PREPARED BY EXPLANATION Angela Reeder 36-4310 DEPARTMENT Planning The City Council voted to approve this item at the September 19, 2006 public hearing. The attached resolution is needed to follow through on the action. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION /� Adopt the attached resolution. l BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR DIVISION OF ONE 23,917 SQUARE FOOT PROPERTY INTO THREE LOTS AT 1821 AND 1827 "C" AVENUE APPLICANT: ZIBA GHAZIASKARI CAE FILE NO S-2006-14 WHEREAS, application was made for approval of a Tentative Subdivision Map for the division of one 23,917 square foot property into three lots at 1821 and 1827 "C" Avenue on property generally described as: Lots 5 to 11, inclusive, in Block 4 of Willoughby's Subdivision of Ten Acre Lots Three and Four, Quarter Section 153, Rancho De La Nacion, according to Map No. 1366 WHEREAS, the Planning Commission considered said application at a public hearing held on August 21, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City considered said application at a public hearing held on September 19, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2006-14, which is maintained by the City, and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Tentative Subdivision Map to divide one 23,917 square foot property into three lots at 1821 and 1827 "C" Avenue, based on the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since it will result in the infill of a vacant residential property with six houses suitable for larger families as encouraged by the General Plan. Additionally, home ownership and/or rental property opportunities will be created. Finally, there are no specific plans governing use of the project site. 2. The site is physically suitable for the proposed type of development, since the 23,917 square foot lot can safely and efficiently accommodate eight single-family homes off-street parking and yard areas. 3. The site is physically suitable for the proposed density of development, since the proposed density of 13.9 units/acre on Lots 1 and 2 as well as 15.3 units/acre is less than the maximum density of 17.4 units/acre allowed in the Two Family Zone, and since the property can accommodate eight appropriately sized houses with sufficient off-street parking and yard areas. Resolution No. 2006 — October 3, 2006 Page 2 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no native habitat nor bodies of water on the partially developed 23,917 square foot property, which is located in a fully urbanized area. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map for division of one 23,917 square foot lot into three lots at 1821 and 1827 "C" Avenue is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of one 23,917 square foot property into three lots, two with an existing single-family home to remain on each and one single-family home to be developed on each. The third lot is to be developed as a condominium project with four identical single-family homes. All plans submitted for permits associated with the project shall conform with Exhibit A case file no. S-2006-14, dated 9/30/2005. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Resolution No. 2006 — October 3, 2006 Page 3 3. 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. 4. 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. 5. 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. 6. All surface run-off, shall be collected by approved drainage facilities and directed to the street. Adjacent properties shall be protected from surface run-off resulting from this development 7. 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 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. 8. A sewer permit will be required. 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 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 9. Street improvements shall be in accordance with City standards. All missing street improvements (alley 90' x 13') shall be constructed. Abandoned driveway aprons (driveway 40') shall be replaced with curb, gutter and sidewalks. Resolution No. 2006 — October 3, 2006 Page 4 10. 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. 11. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 12. 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. 13. The final parcel 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. 14. 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. 15. Separate water and sewer laterals shall be provided to each parcel. 16. 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. 17. The final map shall be recorded prior to issuance of any building permit. 18. All new property line survey monuments shall be set on private property, unless otherwise approved. 19. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 20. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 21. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. Resolution No. 2006 — October 3, 2006 Page 5 22. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map 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. 23. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of October, 2006. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT 10/03/06 AGENDA ITEM NO. l ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute a Lease Agreement Between the City of National City and American Medical Response to Lease Space for One Ambulance and Two American Medical Response Paramedics at Station #34 for $23,580 Annually per this Lease Agreement PREPARED BY DEPARTMENT Donald Condon, Fire EXPLANATION Battalion Chief, 336-4552 7 The City on July 1, 2006 entered into an agreement with American Medical Response (AMR) to provide Advance Life Support (ALS) ambulance service to the residents and visitors of National City. To provide a high level of service, AMR is placing a second ambulance within National City. To facilitate the increased level of service in District 34, AMR is requesting the second ambulance unit be housed at Fire Station #34 (343 E. 16t Street). AMR will pay $23,580 annually per this lease agreement. Environmental Review Financial Statement The lease agreement will generate $23,580 annually. >STAFF RECOMMENDATION N/A Account No. Authorize Staff to implement the lease agreement between the City of National City and American Medical Response. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. 1. Lease Agreement 2. Resolution. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH AMERICAN MEDICAL RESPONSE TO LEASE SPACE FOR ONE AMBULANCE AND TWO AMERICAN MEDICAL RESPONSE PARAMEDICS AT FIRE STATION NO. 34 WHEREAS, on June 20, 2006, the City Council adopted Resolution No. 2006- 106, approving an agreement with American Medical Response (AMR) to provide Advance Life Support (ALS) ambulance service to the residents and visitors of National City, effective July 1, 2006; and WHEREAS, to providea high level of service, AMR is placing a second ambulance within National City; and WHEREAS, to facilitate the increased level of service in District 34, AMR is requesting the second ambulance unit and two AMR paramedics be housed at Fire Station No. 34 located at 343 East 16th Street; and WHEREAS, AMR agrees to pay a annual rental fee in the amount of $23,580 annually to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease Agreement with American Medical Response to house the second ambulance unit and two AMR paramedics serving National City at Fire Station No. 34, located at 343 East 16th Street for the annual rental fee of $23,580. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN MEDICAL RESPONSE This Lease is made and entered into this 5th day of September, 2006, by and between the City of National City, hereinafter, ("Landlord") and American Medical Response Ambulance Service, dba American Medical Response (hereinafter, "Tenant"). 1. Lease. In consideration of the rent and other payments and covenants of Tenant hereinafter set forth, and upon the following terms and conditions, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those positions of the building (the "Building") as identified by the Landlord and all other improvements now or hereafter located thereon, located at 343 East 16th Street, National City, CA (Said Building and other improvements being hereinafter sometimes collectively referred to as the "Leased Premises"), all as shown as the attached Exhibit "A", which is incorporated herein by reference. 2. Term. The minimum Term of the Lease shall be for a period of one (1) year, commencing on September 6, 2006 (the "Commencement Date"). Upon expiration of the initial Term, this lease shall continue month to month on the same terms and conditions as set forth herein, terminable by either party upon thirty (30) days' written notice to the other party. 3. Use of the Premises. Tenant may use the Premises to house a medical transportation business, and for any other uses permitted by law. Tenant employees must abide by Landlord policies, procedures and regulations. 4. Rent. Tenant covenants and agrees to pay Landlord as rent for the Premises during the Term the sum of $1,965.00, payable monthly in advance on the first day of each month commencing on the Commencement Date (or appropriate pro rata proportion thereof for any portion of a month at the beginning or end of the Term). Beginning with the first anniversary of the Commencement Date, the Rent paid shall be increased by five percent (5%) each year. All rental payments shall be made to Landlord at its address set forth in Section 28 below, or such other address as Landlord may hereafter designate in writing to Tenant 5. Indemnity and Insurance. a. Disclaimer of Liability. Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Leased Premises except to the extent caused by Landlord's negligence or willfull misconduct. Property: NCFD Station 34 Page 1 Lease Agreement between City of Located at 343 East 16th Street National City and American Medical Response b. Indemnification. Tenant shall, at its sole cost and expense, defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnitees"), from and against: Any and all liability, obligation, damages, penalties claims, lien, costs, charges, losses and expenses including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with the Tenant's construction, installation, operation, maintenance, use, or condition of the Leased Premises caused by Tenant or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Tenant's obligations to indemnify indemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willfull misconduct of one of more indemnitees. c. Assumption of Risk. Subject to Landlord's obligation to indemnify Tenant for Hazardous Materials as set forth in Paragraph 26 herein, Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risks of dangerous conditions, if any, on or about the Leased Premises, and Tenant hereby agrees to indemnify and hold harmless the Landlord against and from any claim asserted or liability imposed upon the Indemnitees for personal injury or property damage to any person (other than from Indemnitee's gross negligence or willful misconduct) arising out of the Tenant's installation, operation, maintenance, condition or use of the Leased Premises, Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of Landlord. In the event any action or proceeding shall be brought against the . Landlord by reason of any matter for which the Landlord is indemnified hereunder, Tenant shall, upon notice from Landlord, at Tenant's sole cost and expense, resist and defend the same with legal counsel mutually selected by Tenant and Landlord; provided however, that Tenant shall not admit liability in any such matter on behalf of the Landlord without written consent of Landlord and provided further that Landlord shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the commencements of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. Property: NCR) Station 34 Located at 343 Fast 16th Street Page 2 Lease Agreement between City of National City and American Medical Response f. Insurance. During the term of the Lease, Tenant shall maintain, or cause to be maintained, in full force and affect and at its sole cost and expense, the following types and limits of insurance: Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. ii.. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or accidental to the installation of improvements. Upon completion of the installation of the improvements, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Leased Premises. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. vi. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. vii. Tenant shall furnish certificates of insurance to Landlord before commencement of the Lease term. Property: NCFD Station 34 Located at 343 East 16th Street Page 3 Lease Agreement between City of National City and American Medical Response g. Named Insureds. All policies, except for worker's compensation policies, shall name Landlord and its officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"). h. Evidence of Insurance. Certificates of Insurance of each insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Landlord annually during the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: "At least thirty (30) days' prior written notice shall be given to Landlord by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the lease." J- Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licenses to do business by the State of Califomia or surplus carriers on the State of California Insurance Commissioner's approval list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Landlord's Risk Manager. k. Deductibles. Tenant agrees to indemnify and save harmless Landlord, the indemnitees and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. Contractors. Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises to carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. m: Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Landlord may review the insurance coverages to be carried by Tenant. If landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. Utilities and Services. Monthly rent is inclusive of all utilities with the exception of Cable Television. Landlord shall pay direct to the public utility company providing all et PrnP Y NCFD Station 34 Page 4 Lease Agreement between City of Located at 343 East 16th Street National City and American Medical Response services and utilities provided to the Premises and separately metered or sub -metered, including without limitation, water, electricity, gas, sewer service and local telephone service. 7. Taxes. Tenant recognizes and understands that this Lease may create a possesory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Section 107 and 107.1 of the Revenue and Taxation Code against Tenant's possesory interest in the Leased Premises. 8. Representations and Warranties of Landlord. Landlord represents and warrants to Tenant that: (i) Landlord (a) has power adequate for the execution, delivery and performance of its obligations under this Lease; (b) has taken all necessary action required to make this Lease the valid and enforceable obligation it purports to be; (ii) this Lease has been duly executed and delivered by Landlord; (iii) the structural support elements of the Building and the nonstructural components of the Building, including, without limitation, the mechanical systems, plumbing, lighting, air conditioning, ventilation, electricity, walls (interior and exterior), foundation, ceilings, roofs (interior and exterior), floors, windows, doors, landscaping, driveways, parking lots, heating and loading doors of the Building shall, on the Commencement Date, be in good repair and operating condition and comply in all material with respects with all applicable laws, ordinances and regulations; and (iv) applicable laws, ordinances, regulations and restrictive covenants permit the Premises to be used for a medical transportation business. 9. Repairs and Maintenance. From and after the Commencement Date and during the Term, Tenant shall, at its own cost and expense, make interior nonstructural repairs, replacements and renewals necessary to keep the Premises in as good condition, order and repair as the same are at the Commencement Date or thereafter may be put, reasonable wear and use and damage by fire or other casualty only excepted. From and after the Commencement Date and during the Term, Landlord shall, at its own cost and expense, make all necessary repairs, replacements and renewals, interior and exterior, structural and nonstructural to: (i) keep the roof of the Building free of leaks and to maintain the foundation, floor slabs and other structural supports of the Building in good and sound condition; and (ii) keep all electrical, mechanical, heating, ventilating and air conditioning, plumbing and any other systems serving the Building and the driveways, sidewalks, parking areas, sprinklers and other improvements on the Premises in as good condition, order and repair as the same are at the Commencement Date or thereafter may be put. 10. Alterations by Tenant; Signs. Tenant shall not make, or permit to be made, any major structural alterations, additions, or improvements to the Premises, except with the prior written consent of Landlord, provided that such structural alterations, additions or improvements do not adversely affect the Premises or the value thereof. Tenant agrees that no sign, advertisement or notice shall be inscribed, painted, or affixed on or to any part of the outside of the Leased Premises without the prior written consent of the Landlord. Property' NCFD Station 34 Located at 343 East 16" Sheet Page 5 Lease Agreement between City of National City and American Medical Response 11. Landlord's Access. Tenant agrees to permit Landlord or its authorized representatives to enter the Premises at all times with the exception of dormitory rooms during normal sleep times (except in the case of an emergency) for the purposes of inspecting the same, repair and, within a period commencing 3 months prior to the expiration of the term if no notice of renewal has been given to Landlord by Tenant, of exhibiting the same to prospective tenants; provided, however, that in connection with the exercise by Landlord of its right of access hereunder, Landlord shall use all reasonable efforts to minimize any interference with the conduct of business at the Premises by Tenant. 12. Condemnation. In the event that all or part of the Leased Premises or any interest of Tenant in the Leased Premises is taken by eminent domain by the City of National City or any other govemmental agency, quasi -governmental agency or other public body thereby making it physically or financially unfeasible, as determined by Tenant in its sole discretion, for the Leased Premises to be used in the manner it was intended to be used by Tenant under this Lease Tenant shall have the right to terminate this Lease effective as of the date the condemning agency takes possession of the Leased Premises, and the rent shall be equitably prorated. Tenant shall have the right to terminate this Lease effective as of the date the condemning agency takes possession of the Leased Premises, and the rent shall be equitably prorated. Tenant shall not be entitled to any portion of the award paid for the taking, (except for personal property of Tenant), and Landlord shall receive the remainder of such award. Tenant hereby expressly waives any right of claim for loss of business or goodwill. All damages awarded as compensation for diminution in value of the leasehold or to the Landlord's Property shall belong to the Landlord. If only a portion of the Leased Premises is taken by eminent domain, and Tenant elects not to terminate this Lease under this provision their rental payments provided under this Lease shall be reduced proportionally as to the portion taken which is not then usable by Tenant and this Lease shall continue in effect. 3. Landlord's Covenant of Ouiet Enjoyment; Title. Landlord covenants that it has good and clear record and marketable title to the Premises and that Tenant, upon paying the rent and performing and observing all of the other covenants and provisions hereof, may peaceably and quietly hold and enjoy the Premises for the Term as aforesaid, subject, however, to all of the terms and provisions of this Lease. 14. Tenant's Obligation to Quit. Tenant shall, upon termination of this Lease, leave and peaceably and quietly surrender and deliver to Landlord the Premises and all improvements, buildings and fixtures hereon or constituting a part thereof and any replacements or renewals thereof in as good condition, order and repair as the same were at the Commencement Date or thereafter may have been put, reasonable wear and use and damage by fire or other casualty only excepted. Notwithstanding the foregoing, Tenant shall have the right at the expiration of earlier termination of the Term to remove from the Premises Tenant's trade fixtures, equipment and personal property, provided that Tenant repairs any damage caused by such removal. Property: NCFD Station 34 Page 6 Lease Agreement between City of Located at 343 East 16th Street National City and American Medical Response 15. Transfers of Tenant's Interest. Tenant shall not assign its interest in this Lease or sublease all or any part of the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may without either notice to or the consent of Landlord, assign this Lease to a successor corporation or entity in connection with any merger, consolidation, reorganization or other corporate restructuring of Tenant, or any sale of all or substantially all of the stock or assets of Tenant, provided only that the successor corporation or entity acquiring Tenant's stock or assets agrees to be bound by all of the terms and provisions of this Lease for the benefit of Landlord. 16. Transfers of Landlord's Interest. Landlord may sell, mortgage or further encumber its interest in the Premises provided that any such sale, mortgage or further encumbrance shall be subject to Tenant's interests under and pursuant to this Lease. 17. Tenant's Default- Landlord's Remedies. If Tenant shall default in the payment of any rent and such default shall continue for fifteen (15) days after written notice to Tenant from Landlord of such default; or if Tenant shall default in the observance of any of the other covenants contained in this Lease and on Tenant's part to be performed or observed and shall fail, within thirty (30) days after written notice to Tenant from Landlord of such default, to cure such default (or, if such default is not susceptible of cure within thirty (30) days, to commence such cure within said thirty (30) day period and thereafter to pursue such cure to completion); or if the estate hereby created shall be taken on execution, or by other process of law; or if Tenant shall be found by a court of competent jurisdiction to be bankrupt or insolvent, then and in any of said cases, Landlord may, to the extent permitted by law, immediately or at any time thereafter while the situation still exists, enter into and upon the Premises, or any part thereof in the name of the whole, and repossess the same as of Landlord's former estate, and expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon entry as aforesaid this Lease shall terminate. In the event of- any such termination or repossession, Tenant shall pay to Landlord, in advance on the first day of each month, for what would have been the entire balance of the Tenn, one -twelfth (1/12) (and a pro rata portion thereof for any fraction of a month) of the rent and all other amounts for which Tenant is annually obligated hereunder, less, in each case, the actual net receipt by Landlord by reason of any good faith reletting of the Premises. 18. Estoppel Certificates. Landlord and Tenant hereby agree from time to time, and each upon not less than ten (10) days' prior written notice from the other, to execute, acknowledge and deliver, without charge, to the other part, or any other person designated by the other party, a statement in writing certifying: that this Lease is unmodified and in full force and effect (or if there have been modifications, identifying the same by the date thereof and specifying the nature thereof); that to the knowledge of such party there exists no defaults (or if there be any defaults, specifying the same); the amount of the rent, the dates to which the rent and other sums and charges payable Property: NCFD Station 34 Located at 343 East 16th Street Page 7 Lease Agreement between City of National City and American Medical Response hereunder have been paid; and that such party to its knowledge has no claims against the other party hereunder except for the continuing obligations under this Lease (of if such party has any such claims, specifying the same). 19. Bind and rd Inure. All of the covenants and agreements set forth herein shall be considered as running with the Land and shall extend to, bind and inure to the benefit of Landlord and Tenant, which terms as used in this Lease shall include their respective successors, and where the context so admits, assigns. 20. Captions. The captions used herein are provided for reference only and they do not constitute a part of this Lease or any indication of the intentions of the parties hereto. 21. Integration. The parties acknowledge that all prior written and oral agreements between them and all prior representations made by either party to the other with respect to the subject matter hereof have been incorporated into this instrument or otherwise satisfied prior to the execution hereof. 22. Severability; Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. This Lease shall be construed in accordance with the domestic substantive laws of the State of California without giving effect to any choice or conflict of laws. 23. Notice of Lease. The parties hereby agree, at the request of either, to execute, acknowledge and deliver in recordable form a notice of lease and such other notices as may from time to time be necessary for the protection of any interest of Landlord or Tenant. 24. Brokers. Each party hereto represents and warrants to the other that it has not dealt with any broker in connection with the Premises or this Lease. Each party hereto hereby indemnifies and holds the other hannless from and against any liability for commissions due any broker of finder with whom such party has dealt in connection with this Lease. 25. Comnliance with Laws and Regulations. Tenant shall, at its own cost and expense, comply with all applicable laws, ordinances, rules and regulations of governmental authorities ("Applicable Laws"): (i) regarding the physical condition of the Premises, but only to the extent the Applicable Laws pertain to the particular manner in which Tenant uses the Premises; or (ii) that do not relate to the physical condition of the Premises but relate to the lawful use of the Premises and with which only the occupant can comply, such as laws governing maximum occupancy, workplace smoking and illegal business operations, such as gambling. 26. Hazardous Substances. Tenant shall indemnify, protect and hold harmless Landlord and each of its respective subsidiaries from and against all costs and damages incurred by threatenedLandlord th n n connection rthe emanation, release any oil or other petroleum products migration, disposal, orhazardousmaterials or Property. NCFD Station 34 Located at 343 East l6th Street Page 8 Lease Agreement between City of National City and American Medical Response substances on, within, or to or from the Premises as a result of (i) the operations of the Tenant after the Commencement Date, and (ii) the activities of third parties affiliated with Tenant or invited on the Premises by Tenant. Landlord shall indemnify, protect and hold harmless Tenant and each of its respective subsidiaries and affiliates from and against all costs and damages incurred by Tenant in connection with the presence, emanation, migration, disposal, release or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Premises as a result of (i) any activity or action by any party prior to the Commencement Date; (ii) the condition of the Premises prior to the Commencement Date, including any future manifestations of such conditions; or (iii) the activities of Landlord or the activities of any third party not affiliated with Tenant and not invited on the Premises by Tenant. Each party agrees that such party will promptly give written notice to the other party of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Premises and any hazardous substance or environmental law of which such party has actual notice. 27. Acceptance of Premises. By taking possession of the Leased Premises, Tenant accepts the Leased Premises in the condition existing as of the Commencement Date. Landlord makes no representations or. warranty as to the condition of the Leased Premises, and Landlord shall not be liable for any latent or patent defect in the Leased Premises, except as otherwise stated herein. 28. Authority to Bind Tenant. Tenant represents and warrants that it has the full right, power and authority, acting through its designated representatives, to execute this Lease. 29. Recordation. This Lease may be recorded. 30. Notices. All notices and other communications hereunder shall be in writing and shall be deemed to be given when delivered in fully legible form with a copy by certified mail, return receipt requested. Notices shall be addressed to Landlord or Tenant at is address set forth above and with copies to: In case of Landlord: In case of Tenant: Fire Chief National City Fire Department 140 East 12th Street, Suite A National City, CA 91950-3312 Lou Meyer CEO, Northern Pacific Region American Medical Response 7575 Southfront Road Livermore, CA 94554-8226 Property. NCFD Station 34 Page 9 Lease Agreement between City of Located at 343 East 16th Street National City and American Medical Response Either party may change the address to which notices are to be sent to it by providing notice of same to the other party in accordance with the provisions of this Section. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed under seal as of the date first above written, CITY OF NATIONAL CITY Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Property: NCFD Station 34 Located at 343 Fast 16th Street AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. % BY ,==: J LLSu Meyer, Vice President Page 10 Lease Agreement between City of National City and American Medical Response City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH SPRINT PCS ASSETS, LLC FOR A PORTION OF SWEETWATER HEIGHTS PARK, IN ORDER TO ACCOMMODATE CHANGES IN THE EQUIPMENT LOCATED ON THE LEASED PREMISES PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney The City entered into a Lease Agreement on May 7, 2002, with Sprint PCS Assets, LLC for a portion of Sweetwater Heights Park to allow Sprint to install and maintain cellular antenna faciltiies on the leased premises. Sprint has requested an amendment to the lease in order to accommodate changes in the equipment located on the leased premises. The Planning Department has determined that the new equipment is consistent with the CUP which was previously approved for the antenna facilties. The proposed resolution would approve the proposed lease amendment. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution Amendment to Lease Agreement Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH SPRINT PCS ASSETS, LLC, FOR A PORTION OF SWEETWATER HEIGHTS PARK, IN ORDER TO ACCOMMODATE CHANGES IN THE EQUIPMENT LOCATED ON THE LEASED PREMISES WHEREAS, on May 7, 2002, the City entered into a Lease Agreement with Sprint PCS Assets, LLC (Sprint), for a portion of Sweetwater Heights Park to allow Sprint to install and maintain cellular antenna facilities on the leased premises; and WHEREAS, Sprint has requested an amendment to the lease in order to accommodate changes in the equipment located on the leased premises; and WHEREAS, the Planning Department has determined that the new equipment is consistent with the Conditional Use Permit that was previously approved for the antenna facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the Lease Agreement with Sprint PCS Assets, LLC, for a portion of Sweetwater Heights Park, in order to accommodate changes in the equipment located on the leased premises. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of October, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement is entered into this 3rd day of October, 2006, by and between the City of National City, a municipal corporation ("Landlord") and Sprint PCS Assets LLC, a Delaware limited liability company ("Tenant"). ' RECITALS A. Landlord and Tenant entered into a Lease Agreement for a portion of Sweetwater Heights Park on May 7, 2002, for the installation and operation of an equipment room and certain antenna facilities for use in connection with Tenant's communications business. B. Tenant has requested an amendment to the Lease Agreement in order to accommodate changes in the equipment located on the leased premises. C. Accordingly, the parties are entering into this First Amendment to Lease Agreement on the terms and conditions set forth below. In consideration of their mutual covenants, the parties agree as follows: 1. Amendment to Exhibit "C". Exhibit "C" to the Lease Agreement is hereby amended by adding Attachment "1" thereto, which is incorporated herein by reference. 2. Amendment Subject to Conditions. This First Amendment to Lease Agreement is subject to the requirements setforth in the August 15, 2006 letter from National City Planning Technician Martin Reeder, attached hereto as Attachment "2" and incorporated herein by reference. 3. Other Terms and Conditions in Effect. With the foregoing exceptions, each and every term and condition of the Lease Agreement dated May 7, 2002, shall remain in full force and effect. LANDLORD TENANT CITY OF NATIONAL CITY SPRINT PCS, LLC Delaware Limited Liability Company By: Nick Inzunza Title: Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Title: By: Title: Sprint ) Together with NEXTEL CA6465 / TONAWANDA / SD34XC5O5H CAGLE & STOCKMAN, NATIONAL CITY, CA 91950 .1. ti Ipiii aumO—I; AnnoryOr .rPi`�.Yrr� u a.wry� • ..�rWr.rr.�rW�_ u. n..r✓rr m ird�.rrrr•.n+• B!r —DV OWEC1bx11TO Olt not.r r>.aTa airs M. 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M d)rMY[A.IIWrA In ' .w ?Id MOMS Arm-ro.L»ti as r.e..n•.L.m ACIOW N T4b 7O...: rotor. r. 6. w.. room noel, info. nit room no r ---1t . pro;—t 111 • nF woos CONSITOCOoN Nor pcoo101pN Y114LL4 UNDLO9a VOIOtS: ere CLIENT APPROVALS , ML OA 1111 µONRccrs iCA CO 1uv W.I. uOr.cT..n s..O maa* 1-rrrar MIIIMEMMEN P IMF--B L'l9'EiJ` : CONSULTANT TEAM VSMAILECLIMAta ,a""MO Mr, fa m.r Rag wNIASOOrm. PROALT STATC4r? oar color Tor nos ...ors. sloe cos MIMUNI AISIT 4-n 401 EON [y nN ROM :.M .TITLE 24 COMPLIANCE tlNLr Or LICDO m•pa P.A.-et..n n.. pslnY MN 1®IY' n1u15 or/Loco swoon SHEET INDEX Pao Q.la No: Attachment 1 0 TONAWANDA CA646_i CAOLE a crrv. C 9295 NATIONAL CITY, G YISSO Sprint )';,- 10peMwMMIRa architecture H1t41. lif j architectute � 1111�i 111111 111111m :.nu1111urnu[uur, rtl,.+ /wRwe ;SOUTH ELEVATION 4.4416 PAW WM (mu V Mono T(RA rt. ow rmrn III saw /wows :.WEST ELEVATION i.— war. To(G I. on (ar✓ma) .W. M fU m4rP ry4,wal14,1044116444 1sRwnRK R). t MOP HMG. MCI 4044 LC. 4444 a smerrneen.Ra .arrow freq. 4 wnm tuArt. ow ERR lit 014 IwlY (y�lMllMR MIS mqw waw M.r. Tau 411414 w @EAST ELEVATION 1 .11111111111111.111111111111.11111111111111111111 1 11111111111.1111.111111111.1111111111111111111.11 1 1I1.lItN� ?r'r i r M ®NORTH ELEVATION ®NORTH — 1E Mw w Nt400TOIT. 111 .9 Mt MI6 • 400 Real meckNo: rchitccturc H$ftlaeli J archi g.) oasi malt rout °NEW EQUIPMENT ROOM LAYOUT PLAN r IT Amu mwgrwv City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR August 15, 2006 Sprint Nextel C/o: Anne Ford 5761 Copley Drive, Suite 100 San Diego, CA 92111 Subject: Conditional Use Permit for a Wireless Communications Facility at-3820 t-1 Cagle Street, National City, CA 91950 Dear Anne, This letter is to inform you that based on photo simulations and associated materials you submitted August 9, 2006, the Planning. Department has determined the proposed modification to be in substantial conformance with CUP-2001-2 for an existing Wireless communications facility at this site. Thus, . a modification of the original Conditional Use Permit is not required. However, there will be stipulations as follows: 1. The facility shall conform with the Conditions of Approval for CUP-2001-2 (see attached Resolution). 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The plan should indicate that the vines on the west side of the existing shelter will be relocated/replanted to screen the new building addition, and that the dead palm trees will be replaced in kind. The landscape plan should be included with the materials submitted for a building permit. The plans and especially the photo simulations you submitted were instrumental in helping us make this decision. Thank you. If you have any questions please call me at (619) 336-4319. Sincerely, MARTIN REEDER Planning Technician Attachments: Planning Commission Resolution 11-2002 Cc: I George Eiser, City Attorney Miguel Diaz, Parks Superintendent ATTACHMENT "2" e Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE: 10-0406 AGENDA ITEM NO. 9 ITEM TITLE City Council and tional City Police Department Response to the Chief Presiding Jude r ' nd Jury Recommendations on Felony Warrants PREPARED BY DEPARTMENT ptair( Ld Knight Police Department /44 Ext. 4512 City Attorney EXPLANATION The Mayor's Office and the National City Police Department have conducted a review of the Grand Jury's findings and recommendations on Felony Warrants. The Mayor's Office and the Police Department agree with all of the Grand Jury's findings. As a result, the Mayor's Office and the Police Department have committed to working collaboratively with the Grand Jury to meet the findings and recommendations of their report. As such, the Mayor's Office and the Police Department have agreed to implement Grand Jury's Recommendation for Item Nos. 06-072, 06-074, 06-075 and 06-076. The Grand Jury's Report for the aforementioned items requests that the Mayor's Office and the National City Police Department create a database for felony warrants, consider installing an E-Warrant computer program in all police vehicles, requested the Mayor's Office develop legislation that would assist in the felony warrant program, and the Mayor's Office give priority for such legislation. The Grand Jury's Office has requested that these items be implemented by December 1, 2006. The Mayor's Office and National City Police Department are required to submit a report on December 1, 2006, outlining the City's efforts in this area. Environmental Review 1 N/A Financial Statement None at this time. Account No. STAFF RECOMMENDATION The City Council is requested to support, the Police Department's response. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 2005-2006 Grand Jury Report, "Felony Warrants, The Unsolved Problem" Response from Mayor Inzunza and the Police Department to the Grant Jury September 1.8, 2006 Honorable Janis Satnmartino Presiding Judge of the Superior Court San Diego Superior Court 220 West Broadway San Diego, CA 92101 NICK INZUNZA MAYOR Honorable Janis Sarnmartino: The Mayor's Office and the National City Police Department have conducted a review of the Grand Jury's findings and recommendations on Felony Warrants. The responses listed below convey the City and Police Department's efforts and commitments in this area. Grand Jury's Recommendation — Item No. 06-70 The Mayor's Office and the National City Police Department have considered the significant benefits of joining the San Diego Regional Task Force. This includes outstanding Felony Warrant apprehension already established under the auspices of the San Diego Office of the United States Marshall. Response to Item No. 06-70 (a)(1) — The Mayor's Office and the National City Police Department agree with the finding. (b)(4) - The Mayor's Office and the National City Police Department will not implement the recommendation at this time because it is not reasonable, due to police staffing shortages and the lack of sufficient funds to pay the salary and benefits of an officer assigned to the San Diego Regional Task Force. Grand Jury's Recommendation — Item No. 06-71 The Mayor's Office and the National City Police Department have considered the recommendation that one officer, from each law -enforcement agency, be assigned to the task force. Response to Item No. 06-71 (a)(1) — The Mayor's Office and the National City Police Department agree with the finding. CITY ADMINISTRATION BUILDING • 1243 NATIONAL CITY BOULEVARD • NATIONAL CITY • CALIFORNIA 91950 TEL (619) 336-4526 • FAX (619) 336-4239 • NlNzuNzn@ci.national-city. ca.us Honorable Janis Sammartino Presiding Judge of the Superior Court September 18, 2006 (b)(4) — The Mayor's Office and the National City Police Department will not implement the recommendation at this time because it is not reasonable, due to police staffing shortages and the lack of sufficient funds to pay the salary and benefits of an officer assigned to the San Diego Regional Task Force. Grand Jury's Recommendation — Item No. 06-72 The Mayor's Office and the National City Police Department have considered the recommendation to create a data base to search all applications presented for any governmental assistance, benefit or privilege. This would include, but not be limited to, all applicants for driver's licenses, veteran's benefits, workers compensation, unemployment benefits, professional licenses, all vehicle registrations, and other applicable sources. Response to Item No. 06-72 (a)(1) — The Mayor's Office and the National City Police Department agree with the finding. (b)(3) — The recommendation requires further analysis and review by the City's Technology Department. The results of the analysis and review will outline the software and hardware necessary to implement such a data base. This time frame shall not exceed six months from the date of publication of the Grand Jury report. Grand Jury's Recommendation — Item No. 06-73 The Mayor's Office and the National City Police Department have considered the recommendation to fund San Diego Law Enforcement Agencies programs of "Wanted" billboards. Response to Item No. 06-73 (a)(1) —The Mayor's Office and the National City Police Department agree with the finding. (b)(4) — The Mayor's Office and the National City Police Department will not implement the recommendation at this time .because it is not reasonable, due to the lack of sufficient funds to pay for the San Diego Law Enforcement Agencies programs of "Wanted" billboards. Grand Jury's Recommendation — Item No. 06-74 The Mayor's Office and the National City Police Department have considered the recommendation to install the E-Warrant computer program in patrol vehicles of all community Law Enforcement Agencies in San Diego County and San Diego City. Honorable Janis Sammartino Presiding Judge of the Superior Court September 18, 2006 Response to Item No. 06-74 (a)(1) — The Mayor's Office and the National City Police Department agree with the finding. (b)(3) — The recommendation requires further analysis. The initial review of the data has determined that the E-Warrant System is available to county users. Currently the department's resources do not allow access to the E-Warrant Computer System. This matter will be further investigated and presented for discussion to the command staff members. We expect to follow up with the Grand Jury within six months. Grand Jury's Recommendation — Item No. 06-75 The Mayor's Office has considered the recommendation to sponsor legislation that will provide law -enforcement agencies with additional tools to apprehend felons through integration of information from DMV, Social Security, Veterans pensions and other State and Federal agencies. Response to Item No. 06-75 (a)(1) — The Mayor's Office agrees with the finding and supports such legislation. (b)(3) - The Mayor's Office will require further research and cost analysis of this proposed legislation. The results of the research and cost analysis will be submitted to the City Manager and City Council for either recommendations for or development of an effective legislation. This time frame shall not exceed six months from the date of publication of the Grand Jury report. Grand Jury's Recommendation — Item No. 06-76 The Mayor's Office has considered the recommendation to give apprehension of outstanding Felony Warrant offenders a greater priority than currently appears to be the norm. Response to Item No. 06-76 (a)(1) — The Mayor's Office agrees with the finding. (b)(4) —The Mayor's Office will not implement this item until the conclusion of the research and the cost analysis for item number 06-75. As such, based on the information presented in the analysis, further consideration will be given to this recommendation. 3 Honorable Janis Sammartino Presiding Judge of the Superior Court September 18, 2006 The Mayor's Office and the National City Police Department are committed to working collaboratively with the Grand Jury to meet the finding and recommendations of their report. However, the timelines submitted for each item could be extended due to unforeseen circumstances or information discovered while attempting to implement the recommended findings. If you have any questions, please contact Captain Leonard Knight, Operations Division, National City Police Department at (619) 336-4512. Sincerely, City o National City Adolfo Gonzales, Ed.D. Chief of Police FELONY WARRANTS__ THE UNSOLVED PROBLEM Post -if• Fax Note 7671 Date q.-.it pagea0. 1 ALL FroM AAUW `-'St Co/Dept. Co_ ��.1`IW / Phone N Phone* Fax* 531 14 C •y,r Fax a A Report by the 2005-2006 San Diego County Grand Jury June 1 2006 FELONY WARRANTS - THE UNSOLVED PROBLEM SVIWI1fARY The 2005-2006 San Diego County Grand Jury, after having reviewed pertinent information available, decided to once again look at Felony Warrants currently outstanding in San Diego County, As of December 29, 2005, outstanding Felony Warrants in San Diego City and County have increased to 18,254, from 15.688 an March 1, 2003. This Grand Jury revisited the issue of outstanding felony warrants in order to see why this problem persists. The jury found that there is no uniform Felony Warrant apprehension procedure currently used by San Diego Cities and County law enforcement agencies. PURPOSE The Grand Jury investigated the impact of the growing number of outstanding Felony Warrants in our area, and the functions of the current Felony Warrant apprehension and arrest systems. The following areas of interest were studied carefully in order to assess the progress made to date regarding outstanding Felony Warrants in San Diego County: • To assess the progress that has been made in reducing Felony Warrants throughout San Diego County, To determine how the E-System (Electronic posting of unserved Felony Warrants) works, its acceptance by the various Law Enforcement departments in San Diego City and County, and its effectiveness. ■ What changes or procedures need to be made to decrease the number of outstanding Felony Warrants_ • To consider the use of community outreach, such as billboards, news media and the intemet, to find and apprehend wanted felons, To study the assistance that the U.S. Marshals office can provide local law enforcement agencies in locating and apprehending felons. SAN DIEGO COUNTY GRAND JURY 2005-200(1 (filed June 1. 2006) PROCEDURES EMPLOYED Site Visits and Tours: • United States Marshals Office, San Diego, CA • La Mesa Police Department, La Mesa. CA • National City Police Department, National City, CA • Coronado Police Department, Coronado, CA • Chula Vista Police Department, Chula Vista, CA • San Diego County Sheriffs Office, San Diego, CA • San .Diego Police Department, San Diego, CA Doecunents Reviewed: • San Diego Regional Fugitive Task Force Training, Arrest Statistics & New Prosecutions. • United States Department ofJustice. United States Marshals Service Fugitive 'Task Force Process. • Senate Committee on Past Audit and Oversight (Commonwealth of Massachusetts)(SFAO) Arrest Warrant Manaxemei t, Senate, No. 2381. • Listing of Fugitive Task Force database Systems. • San Diego County Sheriff's Department Process for Proper Execution of Felony Warrants. • Chula Vista Police. Department Task Force Police Review. • San Diego County Grand Jury reports for years 1996-1997, 1997-1998 and 2002- 2003. • All San Diego County Law Enforcement Agencies written responses to the 2002- 2003 San Diego County Grand Jury report and recommendations for serving Felony Warrants. Interviews: Letters were sent from the Grand Jury to all police departments in San Diego County and the San Diego Sheriffs Department, requesting an interview with each agency. All responded except Escondido Police Department and Oceanside Police Department. Representatives from the following agencies were interviewed: • A California Senator .• A California Assembly member • The San Diego County Sheriff's Department • The San Diego City Police Department • The La Mesa Police Department • The National City Police Department • The El Cajon Police Department SAN DIEGO COUNTY GRAND ,fURY 2005-Z006 (filed ,tune 1. 2000 • The Carlsbad Police Department • The Chula Vista Police Department • The Carlsbad Police Department • The United States Marshals Department • The County of San Diego Probation Department fr'eb Site Information: E-Warrants-SDLaw Computer Fragrant Outstanding Warrant Information: • Synerfax.com/nationwi.htm • People-Search.com • Trafticcourtpros.coin • Intelius.com Office of the San Diego Sheriff—http://www,sdsheriff.net/home/ Department of Justice — www.usdoj.com City of El Cajon, Police Department—www.el-cajon.ca. is Chula Vista Police Department — www,chulavistaea.eov National City Police Department - www.ci.national-city.ca.us DISCUSSION Felonies include some of the most egregious of serious crimes. These are defined in Section 17 of the California Penal Code as "punishable by death or sentencing to California State Prison".` Felony Warrants are issued at the order of Superior Court judges after persons convicted of serious crimes that have occurred in San Diego County miss their court date, evade incarceration, do not respond to orders from the Court, or other criminal actions. There are currently 18,254 outstanding Felony Warrants in San Diego County. These are a combination of warrants for criminals who are responsible for serious crimes. which have escaped from prison or local custody, and have avoided capture by law enforcement, failed to follow Court orders, or have violated the terms of their probation, etc. Outstanding; Felony Warrants include Arrest, Bench and Indictment Warrants. The breakdown of outstanding Felony Warrants in San Diego County is as follows: San Diego Police Department 5,417 San Diego Sheriff"s Department 1,993 San Diego District Attorney's Office 1,100 Oceanside Police Department 764 Escondido Police Department 674 Se,:tio 17 of thr California Penal Code $,aV DIEGO COUNTY GRAND JURY 2005-2006 killed June 1, 2006) Chula Vista Police Departtent 629 El Cajon Police Department 554 California Highway Patrol 496 Carlsbad Police Department 307 National City Police Department 298 La Mesa Police Department 147 San Diego Harbor Police Department 106 Coronado Police Department 41 Other (State, foreign, etc.) 5,728 Total 18,254 The Grand Jury found that the successful service of felony warrants is generally a result of officers stopping persons for other violations and, in the process, checking for outstanding warrants. Additional efforts in enforcement usually falls under the jurisdiction of patrol officers who have completed assigned duties and follow up on recent addresses and information for the outstanding felony warrants on their beat. The Grand Jury noted that a new electronic program, covering outstanding felony warrant apprehension. is being used by several communities in San Diego County. This is an innovative computer program called "E-Warrants, SDLaw", and was developed by the San Diego County Sheriffs office. . E-Warrants (SDLaw) can be installed on the computers in every patrol car and all desk computers in every law enforcement agency in San Diego County, When a suspect's name is entered, his/her information and picture is immediately available on the screen. The E-Warrants program consists of 14 law enforcement databases including the listing of all outstanding warrants that have been issued to this individual. All information for this program is updated twice every day. The Grand Jury encourages installation of this program in every police and sheriff s patrol car to complement all of the systems currently being used to locate Felony Warrant offenders_ Thd United States Marshal's office has offered considerable support, including assistance in applying for grant monies, to any law enforcement agency in San Diego that wishes to participate in their San Diego Regional Task Force, which includes Felony Warrant enforcement. The Assistant Chief Deputy Marshal suggested that due to the larger size of both the San Diego Police Department and the San Diego County Sheriff's Office, each of these agencies provide at least one Sergeant and several Detectives for this enhanced Task Force, The smaller police forces could each provide one officer. The Assistant Chief Deputy of the San Diego United States Marshal's office noted that all of the officers who participate in this enhanced San Diego Regional Task force must attend all Task Force meetings. This should be their primary assigtunent. SAN DIEGO COUNTY !GRAND JURY 2005-2006 (filed June I, 2006) The Assistant Chief Deputy Marshal also indicated that the enhanced $an Diego Regional Task Force meetings should be held once a month with coordination of meeting dates and places. The Grand Jury alsoinvestigated the possibility of "Wanted" billboards, These are roadside billboards that typically include large photos of many "most -wanted" criminals. Authorities say that eight of the ten suspects shown on billboards in the Kansas City. Mo. area have been arrested, seven because of the "Wanted" billboards. This also indicates the involvement of the community with participation in their capture. FACTS AND FINDINGS Fact: Thereis an increase in the number of outstanding felony warrants in San Diego County. Finding: Currently, tittle or no progress is being made in the rate of apprehension of defendants with outstanding felony warrants in San Diego County. Fact: Statistics recently released by the San Diego County Sheriff's office noted a steady increase in outstanding felony warrants. In the year 2005, these warrants have increased at a greater rate than in previous years. Fact: The E-Warrant, (SDLaw) document is an innovative computer program compiled by the San Diego County Sheriffs office and was demonstrated to The Grand Jury. Finding: The Grand Jury finds that this computer program, (offered free to San Diego law enforcement agencies), if used by City and County law enforcement agencies, would definitely increase apprehension of persons with multiple felony warrants. However, some municipalities still do not choose to take advantage of this program. Finding: More informative outreach must be considered by the San Diego Law Enforcement community, such as publication of photos of wanted criminals in neighborhood newspapers, or following the State of Missouri's successful program of roadside billboards showing large photos of wanted felons with multiple outstanding Felony Warrants. The community response to this effort was outstanding. Fact: The United States Marshal's Office in San Diego, currently has a Regional Task Force that includes Felony Warrant apprehension. Fact: The United•States Marshal's office also has offered assistance in obtaining grant monies to supplement the costs of participating officers' time and training. Finding: The Grand Jury found that every law enforcement agency in San Diego County has been contacted by the United States Marshal's office and invited to join their San Die o Reai.onai Task Force, Currently, only the San Diego Sheriff's office has EGO %tiA:NDJi i(Y20051006(Wed une 1,2006) responded positively with the assignment of several deputies to assist with the Felony Warrant apprehension and other activities. COMMENDATIONS The San Diego County Grand Jury Commends the United States Marshal's San Diego office: The Grand Jury found that the San Diego office of the United States Marshal has shown a laudable community effort in establishing the county wide an Diego Regional Task Force. The members of the United States Marshal's office have also extended their support to- assist in grant funding for the smaller law enforcement agencies that may not be able to meet inherent costs. RECOMMENDATIONS: The Grand Jury recommends to all Mayors and Law Enforcement Agencies in San Diego City and County, and -the San Diego County Board of Supervisors: 06-70: consider the significant benefits of joining the i Diego Re2ionai Task Force. This includes outstanding Felony Warrant apprehension already established under the auspices of the San Diego office of the United States I''1arshal. 06-71: that one officer, from each law enforcement agency, be assigned full time to this task force. create a data base to search all applications presented for any governmental assistance, benefit or privilege. This would include, but not be limited to, all applicants for driver's licenses, veteran's benefits, worker's compensation, unemployment benefits, professional Licenses, all vehicle registrations, and other applicable sources. 06-73: fund San Diego law enforcement agencies programs of "Wanted" billboards. 06-72: 06-74: install the E-Warrant computer program in Patrol Vehicles of ail community Law Enforcement Agencies in San Diego County and San Diego City. The Crand Jury recommends that all vlayors, City Councils and the San Diego County Board of Supervisors: 06-75: sponsor legislation that will provide law enforcement agencies with additional tools to apprehend felons through integration of SA.`' DIEGO COUNTY CRAVD JURY 2005.2006 (filed June 1, 20061 information from DMV, Social Security, Veterans pensions and other state and federal agencies. 06-76: give apprehension of outstanding. Felony Warrant offenders a greater priority than currently appears to be the norm. REQUIREMENTS AND INSTRUCTIONS 4 The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.). such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code y5'933.05(a), (b), (c), details, as follows, the manner in which such comment(s) are to be made: (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: (l) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that i$ disputed and shall include an explanation of the reasons therefor. (b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions_ (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or bead of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor, SAN DI ECO COUNTY GRAND JURY 2005-2006 (Iited June t. 2006) (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 are required from the: ADDRESSEE W$O MUST RESPOND RECOMMENDATIONS DATE Mayor, City of Carlsbad City Council, City of Carlsbad Mayor, City of Chula Vista City Council, City of Chula Vista Mayor, City of Coronado City Council, City of Coronado Mayor, City of Del Mar City Council, City of Del Mar Mayor, City of El Cajon City Connell, City of El Cajon Mayor, City of Encinitas City Council, City of Encinitas Mayor, City of Escondido City Council, City of Escondido Mayor, City of National City City Council, City of National City 06-70 through 06-76 06-75, 06-76 06-70 th rough 06-76 8/30/06 8/30/06 8/30/06 06-75, 06-76 8/30/06 06-70 through 06-76 8/30/06 06-75, 06-76 8/30/06 06-70 through 06-76 8/30/06 06-75, 06-76 8/30/06 06-70 through 06-76 06-75,06-76 8/30/06 8/30/06 8/30/06 8/30/06 06-70 through 06-76 8/30/06 06-75, 06-76 8/30/06 06-70 through 06-76 8/30/06 06-75,06-76 06-70 through 06-76 06-75, 06-76 SAN DIEGO COUNTY GRAND JURY 2005-2006 filled June 1, 2000 8/30/06 Mayor, City of Oceanside City Council, City of Oceanside ,Mayor, City of Poway City Council, City of Poway Mayor, City of San Diego City Council, City of San,Diego Mayor, City of San Marcos City Council. City of San Marcos Mayor, City of Santee City Council, City of Santee Mayor, City of Solana Beach City Council, City of Solana Beach Mayor, City of Imperial Beach City Council, City of Imperial Beach Mayor, City of La Mesa City Council, City of La Mesa Mayor, City of Lemon Grove City Council, City of Lemon Grove Mayor, City of Vista City Council, City of Vista Sheriff, San Diego County Police Chief. City of National City Police Chief, City of La Mesa 06-70 through 06-76 06-75, 06-76 06-70 through 06-76 06.75, 06-76 06-70 through 06-76 06-75, 06-76 06-70 through 06-76 06-75,06-76 06-70 through 06-76 06-75,06-76 06-70 through 06-76 06-75, 06-76 06-70 through 06-76 06-75, 06-76 06-70 through 06-76 06-75, 06-76 06-70 through 06-76 06-75, 06-76 06-70 through 06-76 06-75,06-76 06-70through 06-74 06-70 through 06-74 06-70 through 06-74 I)4` CO 2OO -38Q6 (iiieu June 1.20Q6) 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 7/31/06 8/30/06 8/30/06 Police Chief, City of El Cajon Police Chief, City of Coronado Police Chief, City of Oceanside Police Chief, City of Carlsbad Police Chief, City of Chula Vista Police Chief, City of Escondido Police Chief, City of San Diego Board of Supervisors, San Diego County 06-70 through 06-74 06-70 through 06-74 06-70 through 06-74 06-70 through 06-74 06-70 through 06-74 06-70 through 06-74 06-70 through 06-74 06-70 through 06-76 �'.Dl) �p COf11T�' CR,�1D Jl!RY 20054006 (filed June 1, Z006) 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/3 0/06 8/30/06 1() City of National City, California COUNCIL AGENDA .STATEMENT OCTOBER 3, 2006 MEETING DATE AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER # 10 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 10 per Government Section Code 37208. Environmental Review N/A ficlaigkvoimsse. Approved By: :ger Budget & In37 stment & Officer Account No. STAFF reEommend ratification of these warrants for a total of $ 138,879.53 BOARD / COMMISSION RECOMMENDATION ATTAWHINkii-T6nt( i Od00✓ ) 2. Workers Comp Warrant Registers dated 8/30/06 3. A-200 (9/80) Resolution No. Payee A PARTY RENTALS ACCOUNTEMPS ACE UNIFORMS & ACCESSORIES,I ASG SIGNS BANC OF AMERICA PUBLIC & BCM MECHANICAL INC. BOOT WORLD CALIFORNIA COMMERCIAL ASPHA CALIFORNIA COMMERCIAL SECUR CARQUEST AUTO PARTS ATHERINE GROBEN CATHERINE GROBEN CATHERINE GROBEN CATHERINE GROBEN CATHERINE GROBEN CHILDREN'S HOSPITAL CITY ATTORNEYS ASSOCIATION City of National City WARRANT REGISTER # 10 9/5/2006 Description chk no CANOPY/BAYFRONT EXPO & CONCERT 9/09/(210311 TEMP SRVCS MARY-JO REBELEZ W/E 08/18/06210312 LONG SLEEVE SHIRT, 100% POLY, LIGHT BLL210313 COLD CASE UNITSIGN, 48" X 60", 3 MIL 210314 CAT LOADER EQUIPT LEASE PMT #2 9/24/06 210315 HVAC MAINTENANCE IN COMPUTER ROOM, 210316 MOP 64096 - SAFETY BOOTS - FOWLER 210317 ASPHALT, AS NEEDED FOR FY07: MOP 45754 - PROXIMITY READER MOP 47557 - IDLER ARM VEHICLE #406 SPEC 03-1 REVIEW DOCUMENTS SPEC 04-7 REVIEW DOCUMENTS SPEC 03-11 REVIEW DOCUMENTS SPEC 04-6 REVIEW DOCUMENTS 210318 210319 210320 210321 210322 210323 210324 SPEC 03-10 REVIEW DOCUMENTS ON PROJEC 210325 CHILD SEXUAL ABUSE EXAM/CS# 0605351 210326 CA ASSOCIATION DUES CLAIMS MANAGEMENT ASSOCIAT LIABILITY CLAIM COSTS/LOPEZ VS N C CLASSIC PARTY RENTALS COMMERCIAL AQUATICS INC. CORPORATE EXPRESS D-MAX ENGINEERING INC DANIEL PEARCE/ RPM WELDING DAPPER TIRE COMPANY DEPARTMENT OF JUSTICE IXIELINE LUMBER CO. 210327 210328 DANCE FLOOR AT BAYFRONT EXPO & CONC.210329 POOL EQUIPMENT 210330 QUA37755, EXTRA -HEAVY CLASP ENVELOPE:210331 DEPOSIT #930 CYPRESS GLEN CONDOS MOP 45749 - REPAIR SWEEPER TIRES FINGERPRINTING FEES FOR NEW HIRES FY MOP 45707 DURACELL "AA" BATTERIES 210332 210333 210334 210335 210336 chk date 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 amount 1,386.78 1,406.00 597.90 298.49 2,707.58 150.00 271.47 377.88 332.38 49.35 100.00 60.00 60.00 60.00 40.00 760.00 930.00 260.00 1,243.07 260.00 4,085.39 1,865.00 521.63 410.15 672.00 344.26 Eno DOW DR MARKETING & PROMOTIONS DREW FORD DURRA INK ENVIRONMENTAL HAZARDS SERV ENVIRONMENTAL HAZARDS SERV EXPRESS TEL FLEET SERVICES, INC FREE FORM CLAY & SUPPLY GRAINGER HMC BILINGUAL ADVERTISING HOWARD H. WAYNE, JR. HUNTER'S NURSERY INC. HYDRO-SCAPE PRODUCTS INC. IKON OFFICE SOLUTIONS JAMES PUBLISHING JIM'S GLASS & SCREENS JOHN DEERE LANDSCAPES LANGUAGELINK LASER SAVER INC LEXIS-NEXIS LEXIS-NEXIS LEXIS-NEXIS LEXIS-NEXIS LIEBERT CASSIDY WHITMORE LINARES LOPEZ City of National City WARRANT REGISTER # 10 9/5/2006 Description chk no REIMB/PARKING/TRAINING IN FLORIDA/DOVV210337 ADVERTISING IN FILIPINO TIMES MAGAZINE210338 MOP 49078 - GASKET/HOSE 210339 MOP 46766 LETTERHEAD/ENVELOPES/BUS CI210340 210341 LEAD WIPE SAMPLES ANALYZED LEAD WIPE SAMPLES ANALYZED PD FY07 PAGER SVC/07/20-08/20/06 MOP 67804 - ROTOR/DISC PADS VEH #398 ELEMENT, DUNCAN #DA-1029N MOP 65179 MAINTENANCE SUPPLIES SWIMMING POOL REGRAND OPENING EVEN1210347 210348 210349 210350 210351 210352 210353 210354 LABOR: INSTALL CUSTOMER SUPPLIED MOP 45719 - TREES MOP 45720 - ROTOR MAINT AGREEMENT CG9OZ GUERRILLA DISCOVERY 2006 UPDATE INSTALLATION OF GLASS LABOR. MOP 69277 - LITTER PICKER NOTICE OF NOMINEES NOV 06 ELECTION 210355 MOP 45725 HP 4500 MAGENTA C4 193A COMP 210356 CA DAMAGES LAW & PROOF UPDATE DEER MID -YEAR RULES UPDATES CA PENAL CODE SUPPLEMENT CA CODES 6/IN-1 RULES OF COURT SUPPLEM210360 210361 RETAINER AGREEMENT JULY 2006 CDBG PROGRAM CONSULTANT JULY 06, 200(210362 REFUND/CITATION #NC260620009 PAID TWIC210363 chk date amount 9/5/06 66.00 9/5/06 500.00 9/5/06 228.94 9/5/06 334.35 9/5/06 156.00 210342 9/5/06 54.00 210343 9/5/06 142.51 210344 9/5/06 178.10 210345 9/5/06 162.47 210346 9/5/06 530.53 9/5/06 3,028.71 9/5/06 918.86 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 210357 9/5/06 210358 9/5/06 210359 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 104.52 743.15 464.88 72.72 143.14 107.75 305.00 704.14 127.15 16.17 16.17 16.17 1,300.00 412.50 35.06 City of National City WARRANT REGISTER# 10 9/5/2006 Payee MAINTEX, INC. MASON'S SAW & LAWNMOWER SR MINUTEMAN PRESS MONEY CONTROL INC NAPA AUTO PARTS NATIONAL CITY DETAIL SHOP OFFICE TEAM ONE SOURCE DISTRIBUTORS PERRY FORD PHONE SUPPLEMENTS POWERSTRIDE BA I IERY CO INC :UDENTIAL OVERALL SUPPLY S.D. COUNTY SHERIFFS DEPT. SAN DIEGO SPEEDO TACH, INC. SBC/MCI SBC/MCI SBC/MCI SDG&E SEXSION SOUTHERN CALIF TRUCK STOP SPANKY'S PORTABLE SERVICES 1N. STRATACOM SUN TRUST SWEETWATER AUTHORITY SWEETWATER AUTHORITY T'S & SIGNS kYLOR Description JANITORIAL SUPPLIES chk no chk date amount 210364 9/5/06 3,721.93 210365 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06. 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 REFUND CITATION #NC260422019 PAID TWIC 210390 9/5/06 20" BARS FOR STIHL 044 CHAIN SAW. -- MOP 47939 ADDITIONAL PAYMENT FORMS COLLECTION SRVCS FOR FEB-MAR 2006 MOP 45735 - PARTS FOR VEH. #387 MOP 45737 - DETAIL GRAN MARQUIS TEMP SRVCS HARROD JILL A W/E 8/11/06 MOP 67256 - STOCK 210366 210367 210368 210369 210370 210371 MOP 45703 - FLUSH TRANSMISSION VEH #430 210372 ITEM #46365-01, CA10 BATTERY PAK FOR MOP 67839 - BATTERIES MOP 45742 - UNIFORMS - PARKS BOOKING FEES/APR - JUN 2006 SPEEDOMETER CALIBRATION FOR CITY T-1 PHONE/ISDN LINES 619-477-9738-643-8 T-1 PHONE/ISDN LINES 619-472-6487-090 T-1, PHONE/ISDN LINES 619-336-6700 FACILITIES #8648271405 7 REFUND/CITATION #NC260512033 REDUCED MOP 45758 - SULFUR 210373 210374 210375 210376 210377 210378 210379 210380 210381 210382 210383 PORTABLE SRVCS/SPECIAL EVENTS RENTAL 210384 NOTICE TO APPEAR FORMS NEW FIRE TRUCK #1 LEASE PMT#31 9/30/06 STREET WATER BILLS #810-3640 & 810-3601 WATER BILLS/PARKS#920-6000-0 PRINTING PROMOTIONAL T-SHIRTS 210385 210386 210387 210388 210389 635.19 267.82 1,579.11 741.65 65.00 1,859.55 573.53 . 374.97 224.52 167.49 643.01 40,810.00 175.00 168.95 16.71 12.44 30,626.65 305.00 86.00 713.34 952.46 5,009.63 276.11 21.36 1,131.38 25.00 3 City of National City WARRANT REGISTER # 10 9/5/2006 Payee TE 1'RA TECH ISG #1 THE ENGRAVING STORE THE IDEA BANK THE LIGHTHOUSE, INC. THE STAR NEWS THOMSON WEST TIANG VIET SAN DIEGO TOPECO PRODUCTS TRISTAR RISK MANAGEMENT US STERLING CAPITAL CORP VULCAN MATERIALS COMPANY WILLY'S ELECTRONIC SUPPLY DIXIELINE LUMBER CO INDUSTRIAL SUPPLY DISTRIBUTOR SHOP SUPPLIES NEW FLYER PARTS SATURN OF NATIONAL CITY UNIFIRST Description TRAFFIC ANALYSIS REVIEW REGULAR RESERVE AWARDS - HOURS chk no chk date amount 210391 9/5/06 1,648.32 210392 9/5/06 499.96 JUVENILE FIRESETTER DVD FOUR PROGRAM210393 210394 210395 210396 210397 210398 210399 210400 210401 210402 210403 210404 210405 210406 MOP 45726 - FUSES/BULBS LEGAL ADVERTISING OF HEARING 9/18/06 LEGAL PUBLICATIONS PUBLISH NOTICE OF NOMINEES MOP 63849 - SCREWS WC CLAIM COSTS TRADE SETTLING CHRGS 8/12/06 - 8/18/06 ASPHALT FOR FISCAL YEAR 2006 MOP 45763 - BATTERIES SHOP SUPPLIES BUS PARTS AS NEEDED FOR FY07 6 SN 90501507 I36A CONNECTING MAINTENANCE LAUNDRY SERVICE FOR FYO' 210407 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 9/5/06 Total 278.07 149.73 166.57 1,500.96 30.00 34.95 4,197.83 395.73 254.89 71.92 87.15 259.64 453.64 208.34 74.19 $ 131,613.95 Workers compensation checks 12052 12053 12054 12055 12056 12057 12058 12059 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 8/30/06 720.58 61.35 133.60 68.40 130.10 90.75 322.72. 132.23 4 City of National City WARRANT REGISTER # 10 9/5/2006 Payee Description chk no chk date amount 12060 8/30/06 27.84 12061 8/30/06 180.67 12062 8/30/06 150.60 12063 8/30/06 59.29 12064 8/30/06 115.81 12065 8/30/06 494.86 12066 8/30/06 300.00 12067 8/30/06 152.53 12068 8/30/06 1,330.90 12069 8/30/06 400.00 12070 8/30/06 400.00 12071 8/30/06 400.00 12072 8/30/06 400.00 12073 8/30/06 9.08 12074 8/30/06 65.62 12075 8/30/06 11.49 12076 8/30/06 32.30 12077 8/30/06 1,074.86 Total $ 7,265.58 Grand Total 138,879.53 TRANSIT WARRANTS CHECKS 210403-210407 CKS 5 TOTAL $ 1,226.10 5 City of National City WARRANT REGISTER #10 9/5/2006 001 GENERAL FUND 71,903.75 105 PARKS MAINTENANCE FUND 1,532.45 125 SEWER SERVICE FUND 2,816.22 136 TINY TOT CLASSES FUND 130.54 211 SECURITY AND ALARM REGULATION FUND 1,579.11 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 239.16 301 GRANT-C.D.B.G. 6,035.30 303 CAPITAL FACILITIES FUND 260.00 552 TDA 1,226.10 626 FACILITIES MAINT FUND 31,976.58 627 LIABILITY INS. FUND 11,771.02 628 GENERAL SERVICES FUND 3,002.63 629 INFORMATION SYSTEMS MAINTENANC 150.00 631 TELECOMMUNICATIONS REVOLVING 340.61 632 GENERAL ACCOUNTING SERVICES 1,406.00 643 MOTOR. VEHICLE SVC FUND 2,645.06 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,865.00 TOTAL 138,879.53 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 & INV MENT 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 3RD OF OCTOBER 2006. AYES NAYS ABSENT MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT OCTOBER 3, 2006 AGENDA ITEM NO. 11 ITEM TITLE WARRANT REGISTER # 11 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 11 per Government Section Code 37208. Environmental Review N/A Finangd%Pie. Approved By: Budgetvestment & Officer Account No. STAFF ON ecoommeri alili ation of these warrants for a total of $ 1,387,365.25 BOARD / COMMISSION COMMEN ATTACHINNTSnt(FC izd WOW ) 2. Workers Comp Warrant Registers dated 9/06/06 3. Payroll register dated 9/06/06 TION Resolution No. A-200 (9/80) Payee HOLIDAY INN EXPRESS HOLIDAY INN EXPRESS STRASEN THE LAPD REVOLVING TRAINING TRIVIZ AAA RADIATOR WAREHOUSE ACEDO City of National City WARRANT REGISTER # 11 9/12/2006 Description ADV LODGING/STRASEN WILLIAM ADV LODGING/TRIVIZ RANDAL ADV MEALS/STRASEN WILLIAM ADV TUITION/TRIVIZ RANDAL/STRASEN WILLIA 210411 ADV MEALS/TRIVIZ RANDAL AUTOMOTIVE PARTS (RADIATORS, HEATER RETIREE HEALTH BENEFITS SEP 2006 AMERICAN ROTARY BROOM CO., INC MOBIL M/B POLY & WIRE MATERIAL KIT BDS ENGINEERING INC BEACON FIRE & SAFETY, LP 'OT WORLD C & W DIVING SERVICES, INC. CALIFORNIA COMMERCIAL ASPHALT CALIFORNIA COMMERCIAL SECURITY CARQUEST AUTO PARTS CHILDREN'S HOSPITAL CINGULAR WIRELESS CITY OF NATIONAL CITY CLEAN HARBORS CONSTRUCTION ELECTRONICS INC. COPY WORLD CORPORATE EXPRESS D-MAX ENGINEERING INC DANIEL PEARCE/ RPM WELDING ,PPER TIRE COMPANY DAY WIRELESS SYSTEMS JUNE 2006 SERVICES 2.5LB ABC EXTINGUISHERS. MOP 64096 - SAFETY BOOTS - FOWLER DIVING SERVICES/CLEANING LAS PALMAS POOL ASPHALT, AS NEEDED FOR FY07: -- MOP 45754 - STORAGE CABINET MOP 47557 -BRAKE SHOES CHILD SEXUAL ABUSE EXAMS #0605551 CINGULAR DATA VOICESVC 619-607-5026 PETTY CASH HAZARDOUS WASTE PICK UP FOR FISCAL YEAR MONTHLY MAINT CONTRACT FOR SECURITY, AGENDA COPYING JULY 14, 2006 MOP 45704 CD-R 700MB SPDNL AUGUST 2006 SERVICES MOP 45749 - DIVIDER IN CANINE UNIT TIRES COMMUNICATIONS EQUIPMENT SERVICE DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING FOR FISCAL YEAR chk no chk date amount 210408 9/7/2006 545.00 210409 9/7/2006 545.00 210410 9/7/2006 75.00 9/7/2006 1,420.00 210412 9/7/2006 75.00 210413 9/12/2006 303.30 210414 9/12/2006 160.00 210415 9/12/2006 890.99 210416 9/12/2006 2,497.40 210417 9/12/2006 237.05 210418 9/12/2006 125.00 210419 9/12/2006 1,224.00 210420 9/12/2006 604.15 210421 9/12/2006 87.34 210422 9/12/2006 86.19 210423 9/12/2006 746.00 210424 9/12/2006 23.25 210425 9/12/2006 898.08 210426 9/12/2006 628.00 210427 9/12/2006 843.55 210428 9/12/2006 313.32 210429 9/12/2006 457.65 210430 9/12/2006 8,967.50 210431 9/12/2006 233.88 210432 9/12/2006 943.96 210433 9/12/2006 867.99 210434 9/12/2006 4,769.78 1 DIXIELINE LUMBER CO. MOP 45707 CONCRETE/CEMENT 210435 9/12/2006 299.42 DURRA INK MOP 46766 LETTERHEADS & BUSINESS CARDS 210436 9/12/2006 82.48 DYNAMIC INSTRUMENTS INSTALLATION, TRAINING & 1ST YEAR 210437 9/12/2006 28,183.77 EXPERIAN CREDIT CHECKS FOR NEW PD EMPLOYEES AS 210438 9/12/2006 40S FEDEX PAYMENT FOR FEDEX CHARGE 210439 9/12/2006 64.54 FEDEX KINKO'S CARDSTOCK, COLORED, 4.25 X 5.5 POSTCARD 210440 9/12/2006 239.56 FLORENTINO GUIZAR RPLC CK#209643-DEPOSIT BAYFRONT EXPO SRV 210441 9/12/2006 600.00 FRANKLIN PRODUCTS ITEM #3CBP3. 5,000 VINYL STICK ON 210442 9/12/2006 349.00 GEORGE H WATERS NUTRITION CNTR FOOD STUFF, BEVERAGES, PAPER GOODS AND 210443 9/12/2006 374.46 GORMSEN APPLIANCE CO FILTER, WATER 210444 9/12/2006 287.47 GRAINGER MOP 64179 MUNICIPAL POOL REPAIRS TOOLS 210445 9/12/2006 194.13 GROSSMAN PSYCHOLOGICAL ASSOC. PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS FOR 210446 9/12/2006 480.00 GTC SYSTEMS, INC. 139 HOURS GTC PROFESSIONAL SERVICES FOR 210447 9/12/2006 1,879.50 HARRIS & ASSOCIATES DEPOSIT #1074 C ST BETWEEN 8TH & 9TH ST 210448 9/12/2006 250.25 HEARTLAND COMM. FAC. AUTHORITY ANNUAL DISPATCH SERVICE AGREEMENT 210449 9/12/2006 378.47 HEARTLAND FIRE TRAINING REGISTRATION FOR SEP 28-29, 2006 210450 9/12/2006 440.00 HYDRO-SCAPE PRODUCTS INC. MOP 45720 - COUPLINGS/SOLENOID 210451 9/12/2006 98.65 INTEGRATED OFFICE SYSTEMS FUSER ASSEMBLY 210452 9/12/2006 225.2$ KOLANDA RETIREE HEALTH BENEFITS SEP 2006 210453 9/12/2006 135.00 L.N. CURTIS & SONS TURNOUT ORDER FY06 210454 9/12/2006 15,302.68 LASER SAVER INC MOP 45725 HP2100/4100 COMPATIBLES 210455 9/12/2006 252.94 LAULETTA TRAVEL AND TRAINING/LAUREN LAULETTA 210456 9/12/2006 556.38 LOPEZ TRANSLATION SVCS FOR 9/5/06 210457 9/12/2006 200.00 MANHOLE ADJUSTING CONTRACTORS JUNE 2006 SERVICES 210458 9/12/2006 164,772.29 MOBILE DATACOMM MX LOGIC. INC NACOLE NAPA AUTO PARTS NATIONAL CITY DETAIL SHOP NEXUS INTEGRATED SOLUTIONS ONE SOURCE DISTRIBUTORS OUCIII'S POWER EQUIPMENT PACIFIC AUTO REPAIR PARTS PLUS AUTOSTORE #713 TREO 700W W/EVDO/CAMERA ANTI-SPAM FILTER SERVICE, FOR EMAIL REGISTRATION FEES FOR LAUREL LAULETTA MOP 45735 - PARTS FOR #390 MOP 45737 - DETAIL 98 FORD CONTOUR NEC AND SOFTWARE MAINTENANCE FOR FY07 MOP 67256 - CASA & STOCK MOP 45740 - CHAIN SAW RIGHT ENGINE MOUNT MOP 64946 - ALTERNATOR 210459 9/12/2006 526.90 210460 9/12/2006 441.00 210461 9/12/2006 700.00 210462 9/12/2006 435.63 210463 9/12/2006 195.00 210464 9/12/2006 380.00 210465 9/12/2006 366.1PJ --, 210466 9/12/2006 312.4i, 210467 9/12/2006 346.60 210468 9/12/2006 159.21 2 PERRY FORD PERVO TRAFFIC CENTER -'UDENTIAL OVERALL SUPPLY rUBLIC EMP RETIREMENT SYSTEM R P M WELDING REGIONAL COMMUNICATIONS SYSTEM ROMAN'S TRUCK BODY & PAINT RON BAKER CHEVROLET-GEO-ISUZU RUMBAUGH SAN DIEGO SPEEDO TACH. INC. SBC/MCI SBC/MCI SDG&E SHARP REES-STEALY MED GROUP SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE, INC. MMIF SUPPLY THE LIGHTHOUSE, INC. THE OLD GLOBE UNDERGROUND SERV ALERT VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS - SD W.S. DARLEY WATERLINE - PSOC ZUMAR INDUSTRIES BAYSHORE TRANSIT MGMT INC CORPORATE EXPRESS DIXIELINE LUMBER CO EW TRUCK & EQUIPMENT CO INC .IANKOVICH COMPANY LABOR (COOLANT) MOP 63846 - YELLOW PAINT MOP 45742 - UNIFORMS - PARKS SERVICE PERIOD 08-06-4 LABOR TO REPAIR SPIRAL RAILING IN FRONT RCS RADIO MAINTENANCE, FOR FY07 REPAIRS TO POLICE VEHICLE #405 MOP 45751 - FAN HARNESS REFUND -BUSINESS LICENSE SPEEDOMETER CALIBRATION FOR CITY T-1, PHONE, ISDN LINES C60-449-7549-555 T-1, PHONE, ISDN LINES 619-477-9751-961 STREET SDG&E #10093014384 SYMPTOM QUESTIONNAIRE & PHYSICIAN MOP 45758 - ULTRA LOW SULFUR TRAFFIC SIGNAL AND STREET LIGHTING HCB-B 1 HOT COAL BIN MOP 45726 - LAMPS FUNDRAISING TICKETS/MAYOR UNDERGROUND SERVICE ALERT CHARGES FOR MOP 46453 OPEN WIND CABLES CELL PHONE SVCS ITEM #C-AJ35104. "FIRE LINE DO NOT CHEMICALS FOR MUNICIPAL POOL FOR FISCAL NO SKATEBOARDING SIGNS PAYROLL FOR CHECK DATED 09/08/06 OFFICE SUPPLIES 09-81744 BUS PARTS AS NEEDED FOR FY07 DIESEL FUEL ',IN BURNHAM INSURANCE SVCS RENEWAL - BOND FIDELITY KIMBALL MIDWEST LASER SAVER INC SHOP SUPPLIES AS NEEDED FOR FY07. OFFICE SUPPLIES 210469 9/12/2006 4,359.16 210470 9/12/2006 242.94 210471 9/12/2006 453.74 210472 9/12/2006 203,114.62 210473 9/12/2006 744.65 210474 9/12/2006 8,877.50 210475 9/12/2006 2,823.92 210476 9/12/2006 21.57 210477 9/12/2006 50.00 210478 9/12/2006 200.00 210479 9/12/2006 7,404.13 210480 9/12/2006 160.37 210481 9/12/2006 29,750.54 210482 9/12/2006 55.00 210483 9/12/2006 95.88 210484 9/12/2006 10,752.09 210485 9/12/2006 13,154.00 210486 9/12/2006 179.12 210487 9/12/2006 170.00 210488 9/12/2006 161.60 210489 9/12/2006 1,317.54 210490 9/12/2006 210491 9/12/2006 210492 9/12/2006 210493 9/12/2006 210494 9/12/2006 49,123.81 210495 9/12/2006 53.23 210496 9/12/2006 253.91 210497 9/12/2006 38.02 210498 9/12/2006 18,964.16 210499 9/12/2006 86.00 210500 9/12/2006 413.64 210501 9/12/2006 27.91 3,756.93 232.25 724.08 315.93 NEW FLYER PARTS BUS PARTS AS NEEDED FORFY07 210502 9/12/2006 368.20 PRINCIPAL FINANCIAL GROUP 401K - PAYROLL PPE 09/02/06 210503 9/12/2006 2,665.28 PRUDENTIAL INSURANCE LIFE INSUR. SEPTEMBER '06 210504 9/12/2006 263.82 SAN DIEGO GAS & ELECTRIC ELECTRIC - 07/28/06 TO 08/28/06 210505 9/12/2006 1,936.6, SPANKY'S, INC. PORT -POTTY SERVICE AT 24TH ST. TROLLEY S 210506 9/12/2006 440.43 WAYNE ELECTRIC CO BUS PARTS & SERVICES FOR FY07 210507 9/12/2006 246.75 WINCAL TECHNOLOGY CORP DVR REPAIRS FOR FY07 210508 9/12/2006 481.50 Workers compensation checks PAYROLL Pay period 285 Total 612,599.96 12078 9/6/2006 14.49 12079 9/6/2006 428.22 12080 9/6/2006 32.27 12081 9/6/2006 416.30 12082 9/6/2006 11.37 12083 9/6/2006 47.60 12084 9/6/2006 57.80 12085 9/6/2006 203.. 12086 9/6/2006 244.49 12087 9/6/2006 72.25 12088 9/6/2006 206.51 12089 9/6/2006 740.70 12090 9/6/2006 315.00 12091 9/6/2006 162.50 12092 9/6/2006 200.00 12093 - 9/6/2006 440.00 Total Total Start Date End Date Check Date 8/15/2006 8/28/2006 9/6/2006 Total GRAND TOTAL TRANSIT WARRANTS CHECKS 210494-210508 CKS 15 TOTAL $75,478.98 3,592.72 616,192.68 771,172.57 1,387,365._ 4 City of National City Warrant Register # 11 9/12/2006 001 GENERAL FUND 796,823.87 104 LIBRARY FUND 24,644.79 105 PARKS MAINTENANCE FUND 19,581.40 109 GAS TAXES FUND 94,166.55 111 P.O.S.T. FUND 2,660.00 125 SEWER SERVICE FUND 30,254.32 154 STATE PUBLIC LIBRARY FUND 2,775.97 172 TRASH RATE STABILIZATION FUND 2,313.05 173 NATIONAL SCHOOL DIST CONTRACT 1,090.28 174 SWEETWATER SCHOOL DIST CONTRAC 5,346.39 188 GRANT - HIDTA 2,556.11 191 STOP PROJECT 7,403.29 212 PERSONNEL COMPENSATION FUND 3,594.38 230 ABANDONED VEHICLE ABATEMENT GRANT 1,612.33 246 WINGS GRANT 22,429.17 253 RECREATIONAL ACTIVITIES FUND 65.76 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 7,701.15 273 CBAG-MAJOR MEXICAN TRAFFICKERS 3,746.04 282 REIMBURSABLE GRANTS CITYWIDE 28,183.77 284 Literacy Initiatives XIV 529.97 285 EASY VOTER GUIDE 11 47.75 291 AMERICORPS CNCS YEAR 3 3,442.93 294 HUD HEALTHY HOMES GRANT 2,915.73 301 GRANT-C.D.B.G. 38,318.74 302 CDC PAYMENTS 27,797.37 303 CAPITAL FACILITIES FUND 1,224.00 307 PROPOSITION A" FUND 79,635.28 320 LIBRARY GRANTS 4,198.19 552 TDA 75,478.98 626 FACILITIES MAINT FUND 22,058.78 627 LIABILITY INS. FUND 6,567.72 628 GENERAL SERVICES FUND 5,313.21 629 INFORMATION SYSTEMS MAINTENANC 4,931.04 630 OFFICE EQUIPMENT DEPRECIATION 10,757.00 631 TELECOMMUNICATIONS REVOLVING 14,074.67 632 GENERAL ACCOUNTING SERVICES 13,323.87 643 MOTOR VEHICLE SVC FUND 19,551.15 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 250.25 Total 1,387,365.25 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. kja BUDGET VESTMENT 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 3RD OF OCTOBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 12 ITEM TITLE Notice of Decision — Variance for Less than Required Parking, an Additional Overhead Door, and a Reduced Setback for the Overhead Doors at 2101 Hoover Avenue. Applicant: Cecilia Kirk for Christmas in July. Case File No. Z-2006-4. g DEPARTMENT PREPARED BY Angela Reeder, 336-4310 Planning EXPLANATION The project site is located at the southest comer of E. 21st Street and Hoover Avenue in the Light Manufacturing Residential Zone. Currently there is an office trailer and storage yard on the site. The applicant proposes to build a steel construction warehouse on the site to serve their needs for storage and office space. Several Variances are needed to approve the application as proposed and the attached report explains them in detail. The Planning Commission held a public hearing on September 18, 2006, and voted to approve the application. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Variance. Vote: Ayes — Carrillo, Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Planning Commission Resolution 30-2006 3. Location Map A-200 (9/99) BACKGROUND REPORT The project site is an 8,625 square foot lot on the corner of Hoover Avenue and 21S` Street, across from the City Public Works facility. The parcel is relatively flat and has 75 feet of frontage on Hoover Avenue and 115 feet on 21st Street. The parcel is currently developed with an office trailer fronting on Hoover Avenue and the remainder of the lot is surrounded by a stucco coated wall and used as a storage yard. The parcel is one block off of the Mile -of -Cars and is in a primarily light industrial area. The remainder of the block is developed with several older metal buildings (i.e. auto detail, hydraulics shop, furniture shops) and a more contemporary two-story industrial/office building adjacent to the south. The National City Public Works office and yard are located to the west across Hoover Avenue and face the subject property. The UFO fabrics store and a fenced parking lot are located to the north across 21 ss Street. The applicant is a non-profit group that currently leases the site from the City. They propose to demolish the existing building and wall on -site and construct a new 66-foot by 110-foot metal building to serve as offices, warehouse space, and parking area. The building includes approximately 7,260 square feet, and will consist of approximately 1,800 square feet of office space and 4,073 square feet of parking and drive aisles. As proposed, the building will occupy almost the entire site, with only five feet of setback along both street frontages, four feet of setback to the south, and zero setback along the alley. The structure is a steel construction warehouse with a flat roof. It is approximately 28-feet tall and includes two roll -up, overhead doors; one facing Hoover Avenue and one facing West 21 st Street. These doors will serve to provide access to an internal driveway and seven proposed parking spaces within the building. The main pedestrian entrance is proposed along the center of the Hoover Avenue frontage, with an additional door proposed beside each of the overhead doors. Multiple windows are provided along the two street front elevations, with none on the south and west elevations. Previous discussions, including a report presented to the City Council, have indicated that the building will be covered with stucco to meet both Code and Design Guideline requirements. Current plans, however, indicate that the metal building will only be painted with three horizontal bands of neutral colors. City parking guidelines require eight (8) parking spaces be provided for a warehouse. The applicant is only providing seven (7) spaces and is requesting a Variance for not meeting this requirement. Also, the Land Use Code only allows manufacturing uses to have one overhead door facing a street on corner lots, and requires that a 20-foot setback be provided for that door. The applicant is also requesting a Variance from these requirements, as they are proposing two overhead doors along street frontages, each only setback 5-feet from the property line. Christmas in July is a nonprofit organization that coordinates volunteer efforts to rehabilitate the homes of low income and elderly residents of the National City community. They currently lease the subject property from the City and have a need for warehouse space to store building materials, as well as space for offices to support their efforts. Their proposed use is consistent with those allowed in the Variance Z-2006-4 Background Report - Page 1 of 2 MLR Zone; the General Plan also encourages the City to participate with agencies to improve the availability of desired social service to National City residents. The property also falls within the Westside Specific Plan area; a major goal of that plan is to resolve long standing conflicts between land uses in the area. Redeveloping the adjacent Public Works site with residential uses has been suggested during the planning process. The proposed building meets the height, floor area ratio, and typical setback requirements set forth by the Land Use Code for the MLR Zone. However, overhead doors require an increased setback of 20- feet when located along a street frontage and the proposal includes one on each street. Due to the small size of the lot, if the rectangular building were reduced in size to meet this increased setback, the building would be reduced by approximately 2,400 square feet. Also, there are several other overhead doors on the block that have similar setbacks. The intent of the increased setback for these doors is to reduce the occurrence of delivery trucks and other vehicles blocking the public sidewalk. To alleviate this situation, a condition of approval has been added that requires signage be posted alongside the overhead doors stating that vehicles shall not block the sidewalk. While the Code also only allows one street -facing overhead door on the site, adding another overhead door on 21st Street improves the function of the proposed interior parking by allowing traffic to move through the structure. A condition of approval has been added requiring the driveway and curb cuts be appropriately marked to indicate one-way traffic through the structure. Although the Code requires eight parking spaces be provided for a new warehouse, the applicant feels the seven spaces they are capable of providing inside the building will be adequate to meet their needs. Also, the benefits of interior parking include having the parking screened from the street and the opportunity to construct additional loft storage. Despite the fact that this proposal will result in an increase in on -site parking, as the property currently has no designated parking, interior parking is atypical and raises other issues such as proper ventilation of exhaust fumes. These issues will have to be settled with the Building and Safety Department before the building can be constructed and occupied, and may result in the need for additional equipment on the rooftop or elsewhere. This equipment will need to be screened and/or incorporated into the building to have as little impact as possible and could be difficult to site due to the limited area available. Lastly, the Land Use Code states that "all metal buildings shall have the architectural appearance of conventionally built structures," and requires the use of stucco, plaster, glass, stone, wood, brick, or decorative masonry. While there are several metal buildings on adjacent lots, they are all older structures and the City has since strongly discouraged this type of construction. Approval of a metal building on this highly visible site could potentially set a precedent for future industrial buildings. It is important to note that the Code also contains an exception that allows a painted or baked -enamel finish on metal buildings when it is not economically feasible .to use decorative materials. This provision may be relevant here, given Christmas in Julys' status as a non-profit. Thc Planning Commission heard this item at their September 18, 2006 meeting and voted to approve the requested Variance. Variance Z-2006-4 Background Report - Page 2 of 2 RESOLUTION 30-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING, AN ADDITIONAL OVERHEAD DOOR, AND A REDUCED SETBACK FOR THE OVERHEAD DOORS AT 2101 HOOVER AVENUE APPLICANT: CECILIA KIRK FOR CHRISTMAS IN JULY CASE FILE NO. Z-2006-4 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for less than required parking, an additional overhead door, and a reduced setback for the overhead doors at 2101 Hoover Avenue at a duly advertised public hearing held on September 18, 2006 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2006-4, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, the applicant is a nonprofit organization that claims it is not economically feasible to use decorative building materials, and has proposed to follow the alternate guidelines regarding exterior finish materials set forth in Land Use Code section 18.18.240(C), subject to site plan review; 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 September 18, 2006, support the following findings: 1. That because of special circumstances applicable to the property, including size, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the small size of the property and its location in a developed industrial area make it difficult to place a warehouse with overhead doors outside of their increased setback and also provide all required off-street parking. The addition of a second overhead door will create a functional interior parking lot and allow for additional usable warehouse space for a nonprofit organization specifically identified in the General Plan as "necessary and desirable." Also, the intent of an increased setback for overhead doors is to reduce the likelihood of delivery vehicles parking and blocking sidewalks. Since the proposed use is not a typical warehouse/distribution operation, this is not likely to be a concern. 2. That the requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since other light industrial uses in the immediate area and under the Light Manufacturing Residential Zone do not meet the parking lot requirements (e.g. number of parking spaces) in Title 18 (Zoning) of the Municipal Code. 3. That the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since warehouse and offices are permitted uses in the Light Manufacture Residential (MLR) Zone, and since the proposed nonprofit organization will have a limited parking demand compared to a typical warehouse with permanent employees, thus the slight reduction in required parking (1 space) should adequately serve the proposed use. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes a warehouse for Christmas in July with a reduced, 5-foot setback along its two street frontages, two overhead doors along the street frontages, and a reduction in parking spaces to only seven (7) spaces. 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. Z-2006-4, dated 9/05/2006. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director with building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Landscape plans shall focus on screening the building and two proposed overhead doors. 3. The two proposed driveways shall be appropriately marked (e.g. painted arrows, signage, etc) to indicate one-way traffic through the structure and ensure functionality of the proposed parking and driveway. 4. Signage shall be posted alongside the overhead doors stating that vehicles shall not block the sidewalk. 5. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 6. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 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 September 18, 2006, by the following vote: AYES: CARRILLO, ALVARADO, BACA, FLORES, PRUITT, REYNOLDS, DELAPAZ NAYS: ABSENT: ABSTAIN: CHAIRWOMAN PROJECT LOCATION ZONE BOUNDARY LOCATION MAP -:. Zone Var:.:-,rio.3 7_ *Of) 47''' ' - '4-r `..-)r 7.• "-- - - : NATIONAL CITY PLANNING . i,--) __.. 1 DRN. DATE: 8/31/06 • City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 13 IITEM TITLE Notice of Decision — Tentative Parcel Map and Conditional Use Permit for three condomini units on an 8,388-square-foot parcel, exceptions for guest parking and setbacks at 1340 E. 8t Street. Applicant: Triumph Development, LLC. Case File No.-2006-3/CUP-2006-8. PREPARED BY Peggy Chapin, 336-4319 DEPARTMENT Planning EXPLANATION The property is located at 1340 Fast 8th Street, on the southwest comer of 8th Street and N Avenue, within the Limited Commercial (CL) Zone. The 8,388-square-foot parcel measures 110-feet deep by 76-feet wide with the narrower street frontage bordering N Street. The applicant proposes to demolish the existing home and garage and construct three two-story condominiums over two -car garages. The approximate 2,050-square-foot condominiums would orient towards N Street with access provided along a 24-foot wide shared driveway from 8th Street to the rear of the units and the garages. The applicant requests an exception to the 20-foot required front yard setback along E. 8th Street and the 25' rear yard setback in order to orient the units towards N Street. The applicant proposes 5-foot front and rear yards, and 20-and 25-foot side yards. Orientating the units along N Street would reduce the number of driveways from N Street, allow for pedestrian walkways to each of the units, and provide a wider yard area along N Street for use by the residents. One guest space is required for the three -unit condominium project. An exception is requested to allow street parking along N Street to serve as guest parking. The proposed development complies with the General Plan and the Land Use Code as four units is allowable and only three units are proposed. Additionally, the architectural design of the units incorporates many of the elements encouraged by City Design Guidelines, such as a clay tile roof, wood shutters, varying wall planes, columns, and stone veneer elements. The Planning Commission held a public hearing on August 18, 2006, and voted 7-0 to approve the Parcel Map and the Conditional Use Permit for the three condominiums. A letter in opposition was received on September 18, 2006 expressing concern regarding potential damage to streets from equipment and construction noise, debris, and dust. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and recrrrfinends that a Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Tentative Parcel Map and Conditional Use Permit. Ayes — Alvarado, Carrillo, Baca, Flores, Pruitt, Reynolds, DeLaPaz ATTACHMENTS ( Listed Below ) Resolution No. 1. Planning Commission Resolution 29-2006 3. Letter in opposition dated September 18, 2006 2. Location Map 1 A-200 (9/99) RESOLUTION NO. 29-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP AND CONDITIONAL USE PERMIT FOR THREE (3) CONDOMINIUM UNITS ON AN 8,388 SQUARE FOOT LOT WITH AN EXCEPTION FOR GUEST PARKING AND SETBACKS AT 1340 E. 8TH STREET. APPLICANT: TRIUMPH DEVELOPMENT, LLC. CASE FILE NO. LS-2006-3/CUP-2006-8 WHEREAS, application was made for approval of a tentative parcel map and Conditional Use Permit for three (3) condominium units on an 8,388 square foot lot with an exception for guest parking and setbacks at 1340 E. 8`h.Street on property generally described as: All that portion of 40 acre Lot 1 in Quarter Section 132 of 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, May 11, 1869. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on September 18, 2006 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. LS-2006-3/CUP-2006-8 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative parcel map, support the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since three new homeownership opportunities will be created on an underutilized commercial property. Additionally, the proposed project has a density of 15.6 units/acre, which is consistent with the residential use and density of 22.9 units/acre allowed in the Limited Commercial zone. Finally, there are no applicable specific plans for this area. 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to and be compatible with the character of the area. Also, there are no unusual geologic hazards on -site. 3. The site is physically suitable for the proposed density of development, since it can be developed with three larger residential units with 2-car garages and sufficient open space, the density of which is compatible with nearby residential uses. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been consideredby the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 8,388 square foot property can accommodate development of three residential units, with two -car garages and private patio/yard areas. 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 8th Street, a major arterial with a capacity of 25,000 average daily trips (ADT) and a volume of 21,000 ADT, and other nearby local residential streets have sufficient capacity to absorb the negligible increase of approximately 20 ADT. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed development will enhance the appearance of the mixed commercial and iesic?e ia? irate-s,: ? 'n. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will create additional homeownership opportunities suitable for families on an underutilized commercial lot. RECOMMENDED FINDING FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR LESS THAN REOUIRED GUEST PARKING AND SETBACKS Granting of the exceptions is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of Title 17. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative parcel map for tentative parcel map and Conditional Use Permit for three (3) condominium units on AN 8,388 square foot lot with an exception for guest parking and setbacks at 1340 E. 8th Street is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize a one -lot subdivision with three condominium units on the 0.19-acre lot. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit B, Case File no. LS-2006-3/CUP-2006-8, dated 8/2/2006. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. The developer shall provide a declaration of covenants, conditions and restrictions,running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, utilities recreational facilities and open spaces, prior to approval of the final map. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. The CC&Rs shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. 4. The 20-foot yard on the east side of the property, between the building and the sidewalk, shall serve as the functional front yard of the development and, as such, shall not be encroached upon by any future building or structure. 5. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 6. 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. 7. 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. 8. 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. 9. 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 10. 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 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. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 11. A sewer permit will be required. 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 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 12. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. 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. 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. 14. Street improvements shall be in accordance with City Standards. Abandoned driveway (25' of driveway) aprons shall be replaced with curb, gutter and sidewalks. 15. A title report shall be submitted to the Engineering Department, after, the Planning Commission approval, for review of all existing easements and the ownership at the property. 16. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three 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. 17. The final parcel 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. 18. 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. 19. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 20. The final map shall be recorded prior to issuance of any building permit. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The parcel map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. Exterior walls of buildings/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 25. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 26. A minimum fire flow of 2,750 g.p.m. measured at 20 p.s.i. residual pressure with a flow duration of 2 hours will be required. 27. The owner shall coordinate with Sweetwater Authority (submit a site plan showing actual facilities, street improvement plan, irrigation plan, fire flow requirements and fire service plans, and -a plumbing plan with a fixture -unit count) before an estimate for water facilities can be prepared. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 28. Before this Tentative Parcel Map / Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Parcel Map / Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Parcel Map / Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey and signed by the Planning Director prior to recordation. 29. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. The Conditional Use Permit shall expire concurrently with the Tentative Map. BE IT, FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this resolution shall become effective and final upon adoption, unless appealed pursuant to Section 17.04.050 of the Subdivision Ordinance of the City of National City CER 1'Lt lCATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2006, by the following vote: AYES: CARRILLO, ALVARADO, BACA, FLORES, PRUITT, REYNOLDS, DELAPAZ NAYS: ABSENT: ABSTAIN: CHAIRWOMAN ♦ •• CL • •L • ` • e East gth St •' PROJECT LOCATION East 9t \ St ZONE BOUNDARY — — — • LOCATION MAP ♦ ♦ ♦ 11. i RM-1 92A -PD LS-2006-3/ CUP-2006-8 Tentative Parcel Map and Conditional Use Permit for a 3 Unit Townhome Project in the CL Zone at the Corner of 8th Street and N Avenue NATIONAL CITY PLANNING 100 Feet DRN. DATE: 8/31/06 INITIAL HEARING: 9/18/06 NATIONAL CITY PLANNEODEPT. HANDOUT ITEM NO. 3 CITY OF NATIONAL CITY Planning Department 1243 National Bi. National City, CA 91950 Re: Case File No. : LS-2006-3/CUP-2006-8 • t-)l ar v;i n e-v8 18 SEP 2006 PH 2:22 September 18, 2006 Dear Mr. Post: As a long time resident of this area(nearly 40 years) we have objected to and successfully faught against any planned structures of more than one story between the area of 1300- 1400 E. 8th street and 1300-1400 E. 9th street. And we very strongly oppose this proposal. Other than the obstruction of our view, there are several other reasons why we oppose any further construction sites in this area. Your records will show the numerous construction sites currently in this area and in the past five years or less. Residents feel that the mini construction activities have eclipsed the ability of the city to conduct reparations to restore our health and comfort to a status of "as good as" or "better than before" conditions. Residents suffer during and long after construction ends. Streets are left with pot holes, • • sidewalks and curbs broken, dirt, dust and broken construction materials litter our vehicles, driveways and homes. Theres no compensation for suffering residens for enduring these hardships. Site supervisors promise washdowns, cleaning and car wash tokens etc.. but somehow they forget. Use permits are never in comp- liance and there seems to be reluctance to enforce them. Any construction in the subject area will blight this area even more. Lack of traffic control devices at the corner of E.8t street and N av, will make a dangerous entering and exiting situation more hazardous. As I can see it we canexpect to lose one lane of eastbound traffic on E. 8th street for an undertennined amount of time. As a resident of 1323 E. Ninth Street National City, CA I am saying NO to this proposal. MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 3, 2006 AGENDA ITEM NO. 14 /ITEM TITLE Public Hearing -- Tentative Subdivision Map for "Revolution 1 Condominiums" Location: 1105, 1121, & 1123 National City Boulevard APN: 556-554-18, -19, & -20 Applicant: Constellation Property Group LP Case File No.: S-2006-11 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The proposed project is a seven -story condominium building consisting of 48 residential units, two commercial units on the ground floor, and two levels of underground parking. On August 22, 2006, the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2006-3) for the `Revolution 1' project, subject to conditions and based on findings of fact. The proposed Tentative Subdivision Map (S-2006-11) would implement the approved project by allowing the subdivision of the subject property for condominium purposes. Environmental Review Tentative Subdivision Map (S-2006-11) is consistent with the Downtown Specific Plan and adequately addressed in the certified EIR for the Downtown Specific Plan. Financial Statement Not applicable. Account No STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission BOARD / COMMISSION RECOMMENDATION On September 18, 2006, the Planning Commission voted to recommend approval of Tentative Subdivision Map (S-2006-11). Ayes: Alvarado, Baca, Carrillo, De La Paz, Flores, Pruitt Nays: Reynolds Absent: None ATTACHMENTS 1. Tentative Subdivision Map Resolution N.o. A-200 (9/80) 41.04 leasT. me e vnTM TO (MI ExiT.Ae vawlMn EYtP TO J ®MN11}p] iO �w4 TIPMN TYPICAL SECTION.- ttn SIrEIET BCME TO immuN,r , EXHIBIT 006-11) JUNE 28, 2006 FULL SIZE PLANS AVAILABLE FOR REVIEW IN CDC OFFICE S\ AA PAYMENT ~ro MET@1aM SWAN TYPICAL SECTION -.NATIONAL CRY BOULEVARD O'eo.G CITY OF NATIONAL CITY TENTATIVE SUBDIVISION MAP REVOLUTION 1 CONDOMINIUMS TYPICAL SECTION - ALLEY A MAP 81.N! 1415.91 414M P50PEATY INFORMATION WT.9.H0 Aeu4Go$se 1.YE MOM O`AQ 2 M%o 4M WASP .65 w ea INTO EAoes ACREAGE / LOT • mow. ewea¢ ------- 1.50647.815 CaM ACM 111.VO% e 1OTaa M\CA C.dMEAiLTL_ b C. TOM MAe41 TPACP' Wy. 1 O. TOTA:IJIR4 PWB. ... 4S90431.1141. 00E41ICw. C ..we. QPMs4OT__. o R Ma./ WPIa as__NDECO OAS E0 Talc AriMaSQEMEARC MbbA64<A SITE AOOGcaq 1w n esti HAMM,arr arKl4YCRT. a9fbO CKINI MI S: MAP A • ^' MS 41 MN OF E roamer IS EQEm N b.•IKN IMO Or TO STET P CALE0SN..4 RAW 14.5.411 M 11.11 4AOIeeWAMPYrr. r✓` 1tl 0+W94 MATMI ASMm! MAWR. wrsw MOM, 1.1,0 On. LW Star KUIN dsr. 11.9 41TSU18 LCOp{ w>amwQ. LORIm.r M01P0,1TC\HWP.4 PAWL SAM.. CO GUMMI S. P W M]C Q L. MAOp1 N11C gTT'o- 1414101M MR COMM MOa]�Iysn4 PD] eT...... oomLAO'iON4p TO W(P}nearr FAPFMENT DATA. toaOa]AOCC OTcokeapasee Tb2AZ00TO Tmamm s4poown.DAm 06/09.04 © mums�C wane RmOMx4!aC,PSQar1TIM PLOITerd QT anTP BM WA es.; w'IMM.MIO.M6moan= soma M MIX eW o-[EMS,AI UL OO CTTPswma* awe wan. fARy.4R1m®DJ sews N1100,00 CrCOM KAOe=y OWNER / SIJBDIMDER / APPUCANT °1111.01.1.101.4.111W,49� 9MTOTfOMS1>' SON OmO.a KM ROE 4.11 9f91MY DATE 1 .01.11 1Mea'.12M.___.__._, 4m46O]eOOCeOC. ASI4t® MM., OJM 40 14p.,.:- 1OCb0_. 1 fl&MaM. WAMP VIAm — Mena S6I412 WOW. getiEBALIICEED 6 awW AIGaLwwlsaT®miae..m TpalMpyla}OJf co -maw M'qR o. i'4l4SOOiwAIO 11111OI11.McCS1.1 ]1a TKG1MNa aawT s1T♦6y✓m AwwT Emrmayw Psw. I4 RAa9AMT1.rAs 1OtlMINPILWLMy®Sro4COtTw@Te Tc4AE.4 STIdTT C /4111. Mena e1RAZI.es H6t9}M6411T14 0M 41/u1m MOM PSPp>M010@r41i11117P1M14 AIQf(TITsw.. C FROMM 1.43.601.A11.111.111.4...0 e111R.pyj�, TM/ILYdb 1TY SOLAR ACCESS 4+emAesm4ro1Ys41roEmmn anav>4aTrtPTls somaureercrwrenammo4TO IHNY pTMEULLH�! meow.EYW r.9O6YTOW T104EOTi1CY VAEIMMOBLQUANICIIIM an. woo.. nu.. OCT. 10CIIT` 45.OT MAP Parracagesr EDREPARED BY. M ONA Or=Mc Y11YINry�e It IW4 411N e�f4�e�M�44 VI S j !� it 1 m '17 iD 2 EXHIBIT (S-..606-11) JUNE 28, 2006 FULL SIZE PLANS AVAILABLE FOR REVIEW IN CDC OFFICE CITY OF NATIONAL CITY i'tNTATIVE SUBDIVISION MAP REVOLUTION 1 CONDOMINIUMS R e3 NATIONAL CITY titBAN MEM E . Y' J t' L4L ., }`'`'r+�Etliillrei41111 I EMI »1�we -t- • • • • • • p,1 "-' SECOND READING City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE _ 10/3/06 AGENDA ITEM NO. 15 ITEM TITLE Adopt ordinance of the City Council of the City of National City adding Chapter 10.48 to the National City Municipal Code mandating Responsible Beverage Service Training for sellers and servers of alcoholic beverages at on -sale licensed establishments. "5 PREPARED BY L. Brent Roark, Operations Support Lieutenant DEPARTMENT police EXPLANATION The City of National City has examined and considered the impact of businesses that sell alcoholic beverages upon the health, safety and welfare of its community and finds that the enactment of a Responsible Beverage Service ordinance is in the vital and best interests of the City of National City and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws and requirements. See attached staff report for further, more detailed explanation. Environmental Review ✓ N/A Financial Statement No direct and immediate fiscal impact. Account No. C STAFF RECOMMENDATION Adopt Ordinance The City Council Sub -Committee recommends approval of an ordinance that mandates training for sellers and servers at on -sale premises, similar to the Poway ordinance, as a first step in the regulation of training for alcohol handlers. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Ordinance 2. Staff Report Resolution No. ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 10.48 TO THE NATIONAL CITY MUNICIPAL CODE RELATED TO RESPONSIBLE BEVERAGE SALES AND SERVICE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 10 of the National City Municipal Code is hereby amended, by adding Chapter 10.48 to read as follows: Chapter 10.48 RESPONSIBLE BEVERAGE SALES AND SERVICES Sections: 10.48.010 Definitions. 10.48.020 Manager and server training. 10.48.030 Abatement of nonconforming on -sale establishments. 10.48.040 Appeals. 10.48.050 Violations. 10.48.010 Definitions. As used in this section, the following definitions apply: A. "On -sale establishment" means a facility providing the sale and service of alcoholic beverages for consumption by guests on the premises (on -sale), including restaurant dining areas where food service is the primary function and bars, in which the sale and consumption of alcohol on the premises is the primary function. "Bar" includes those facilities located within a hotel, motel or other similar transient occupancy establishment. B. "Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on or control the operations of an on -sale establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of an on -sale establishment: 1. Hires or terminates employees; 2. Contracts for the purchase of furniture, equipment or supplies, except for the occasional replenishment of stock; 3. Distributes funds of the business, except for the receipt of regularly replaced items of stock. 4. Makes or participates in making policy decisions regarding operations of the licensed business. C. "Responsible Beverage Service Training Course" means a training program recognized by the California Department of Alcoholic Beverage Control for on -sale management and on -sale professional services. 10.48.020 Manager and server training. A. No on -sale establishment may serve or sell alcoholic beverages unless a manager who has completed a responsible beverage service training course is on the premises. B. Every manager of an on -sale establishment must complete a responsible beverage service training course within 90 days of hire, or by December 31 of the year of hire, whichever is later. C. Every person who serves or sells alcoholic beverages for consumption by guests on the premises of an on -sale establishment shall complete a Responsible Beverage Service Training Course within 90 days of hire, or by December 31 of the year of hire, which is later. D. A list of all persons who have completed the training required by this section shall be maintained on the premises of the on -sale establishment and, together with the proof of such completion, shall be provided to any police or other enforcement officer for inspection and copying promptly upon request. 10.48.030 Abatement of nonconforming on -sale establishments. All on -sale establishments in existence on the date of the effective enactment of this ordinance must comply with the provisions of this Chapter no later than January 1, 2007. 10.48.040 Violations. A. A violation of any provision of this ordinance or a failure to comply with any mandatory requirements of this ordinance is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through injunctive relief or other relief available by law. Penalties for violations of the provisions of this ordinance may result in up to a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a $1,000 fine. B. Administering departments will be authorized to charge cost recovery fees for services provided under this ordinance. Cost recovery may also be recovered for equipment and personnel expenses incurred. All penalties and related costs shall be credited to "Responsible Beverage Service and Sales Regulation Fund," The fund shall be used exclusively with the administration and enforcement of this ordinance. PASSED and ADOPTED this day of 2006. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor 2006 Ordinance 2 Responsible Beverage Sales and Service City of National City Police Department 1200 National City Blvd., National City, CA 91950 Phone: (619) 336-4400 TO: Mayor and City Council FROM: Adolfo Gonzales, Chief of Police ,4.G. DATE: August 21, 2006 SUBJECT: Staff Report -Responsible Beverage Sales and Service Ordinance (RBSS) Tourism and related entertainment, recreation and hospitality businesses are important to the economic well-being of the City of National City. The City of National City has sought to foster commerce and a lively .attractive community life. The City of National City recognizes that the selling of alcohol is a legitimate activity, and seeks to encourage safe and responsible business practices related to its sales and service. The National City Police Department seeks to reduce threats to public safety and health due to the impairment of motor skills, decision -making and judgment resulting from the over -service and over -consumption of alcoholic beverages. Responsible beverage sales and service (RBSS) training benefits businesses by creating a safer and more hospitable environment and reducing the risk of liability, including criminal (court action), civil (lawsuit) and administrative (ABC accusation). In consideration of the regulations adopted in this ordinance, and the findings and determinations herein, the National City Police Department has examined and considered various studies addressing the Tong -term public safety and health problems associated with the over -service of alcohol and sales to underage youth. Alcohol -related vehicle crashes in California cost the public an estimated $12 billion in 1999, including $5.5 billion in monetary costs and almost $6.5 billion in quality of life losses, with San Diego County incurring a significant percentage of these costs. The National City Police Department has experienced a disproportionate number of calls for police service and alcohol -related arrests at bars, taverns, liquor stores, and convenience stores. Drunk driving arrests are increasing statewide and locally with over 155 people arrested for DUI last year in the City of National City. The majority of those arrested for DUI in San Diego County identify licensed establishments such as bars and restaurants as the place where they had their last drink. ® Recycled Paper 2 A survey of San Diego County teens found that 81% agree that alcohol is easy to obtain, and studies show that one-third of high school students routinely obtain alcoholic beverages from retail outlets and that clerks and servers often fail to request age — verification as evidenced by minor decoy operations. In a recent study, at least half of the off -sale and on -sale establishments studied sold alcohol without asking study participants to show age identification, and few of the outlets that sold to study participants had effective policies or practices that reduce the likelihood of sales to youth. A research study published in 2004 concluded that alcohol sales to obviously intoxicated customers occurred at nearly 8 out of 10 businesses. A survey of National City high school students who drink found that 10% of 9th graders and 18% of 11th graders reported buying alcohol themselves at local stores. 52% of 9th graders and 74 % of 11th graders from National City say alcohol is either "fairly easy or very easy" to obtain (Source: California Healthy Kids Survey 2005). The National City Police Department effected arrests at 54 National City businesses for selling alcohol to minors between 1999 and 2004. While bars and restaurants made up a portion of those businesses, the majority of those offenses were committed by stores and markets, by a 3-to-1 ratio. Currently, there are more than 90 businesses with alcohol licenses in the approximately 9 square miles that make up our city, or approximately 10 per square mile, on average. Voluntary responsible beverage sales and service training programs do not ensure that aII alcohol handlers receive reliable or effective training and have not been shown to be as successful in reducing over -service and sales to minors as mandatory programs with accountability measures and consistent systems of enforcement. There is strong evidence that mandatory policies reduce instances and levels of intoxication and have a beneficial effect on rates of domestic violence, unintentional injuries, traffic crash injuries, deaths, sexual assaults, and other crimes. There is strong public support for responsible beverage service training, with 90% of respondents favoring such programs, according to a survey conducted by the Robert Wood Johnson Foundation in 2002. Voluntary RBSS Training in National City has not been effective. Only a small percentage of the estimated total numbers of sellers and servers have been trained through a recognized, approved program. Legislation involving RBSS enacted in the State of Oregon led to an 11 % reduction in fatal alcohol -related car crashes in one year and a 23% reduction in single vehicle nighttime injury crashes in a three-year period. A research study indicated that servers who had undergone server training programs were more likely to ask for age identification than those not trained and found that none of the customers served by trained personnel exceeded the legal limit of intoxication. Evaluations of customer consumption at a U.S. Navy enlisted club employing a responsible beverage sales and service training program found a significant reduction of intoxication for customers after the program was implemented. 3 Responsible beverage sales and service training is cited as a U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention "Best Practice" and is officially supported by Mothers Against Drunk Driving and the California Department of Alcoholic Beverage Control. The National Academy of Science recommends that all sellers and servers of alcohol complete training as a condition of employment. A survey of recently trained servers in San Diego County showed 100% of these servers recommend training to other alcohol handlers, and 90% of servers agreed they were likely or very likely to change the way they did their job as a result of receiving training. The California cities of Poway, Orange, and Santa Rosa have enacted responsible beverage sales and service training ordinances to prevent the over -service of alcohol to customers and access to alcohol by underage youth. The National City Police Department believes a comprehensive ordinance that mandates the training of all sellers and servers of alcoholic beverages is the optimum course of action to address the needs of the community. The City Council sub -committee composed of Vice Mayor Morrison and Councilman Parra is recommending that a preliminary ordinance that mirrors•the City of Poway's ordinance, as referenced above addressing "on -sale" establishments, is a start in the right direction concerning Responsible Beverage Sales and Service Training. The City of National City has examined and considered the impact of businesses that sell alcoholic beverages upon the health, safety, and welfare of its community and finds that the enactment of a responsible beverage and service ordinance is in and best interests of the City of National City and the health, safety, and welfare of its residents, and businesses in accord with the public purposes and provisions of applicable federal, state, and local laws and requirements. Adolfo Gonzales Chief of Police City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 16 ITEM TITLE Resolution approving Tentative Subdivision Map for "Revolution 1 Condominiums" Location: 1105, 1121, & 1123 National City Boulevard APN: 556-554-18, -19, & -20 Applicant: Constellation Property Group LP Case File No.: S-2006-11 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The proposed project is a seven -story condominium building consisting of 48 residential units, two commercial units on the ground floor, and two levels of underground parking. On August 22, 2006, the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2006-3) for the `Revolution 1' project, subject to conditions and based on findings of fact. The proposed Tentative Subdivision Map (S-2006-11) would implement the approved project by allowing the subdivision of the subject property for condominium purposes. Environmental Review Tentative Subdivision Map (S-2006-11) is consistent with the Downtown Specific Plan arid adequately addressed in the certified EIR for the Downtown Specific Plan. Financial Statement Not applicable. Account No STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission BOARD / COMMISSION RECOMMENDATION On September 18, 2006, the Planning Commission voted to recommend approval of Tentative Subdivision Map (S-2006-11). Ayes: Alvarado, Baca, Carrillo, De La Paz, Flores, Pruitt Nays: Reynolds Absent: None ATTACHMENTS 1. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE TENTATIVE SUBDIVISION MAP FOR REVOLUTION 1 CONDOMINIUMS LOCATED AT 1105, 1121, AND 1123 NATIONAL CITY BOULEVARD APPLICANT: CONSTELLATION PROPERTY GROUP LP CASE FILE NO. S-2006-11 WHEREAS, application was made for approval of a Tentative Subdivision Map for the Revolution 1 Condominiums located at 1105, 1121 and 1123 National City Boulevard within the City of National City on property generally described as: LOTS 1 THROUGH 6 INCLUSIVE IN BLOCK 1 OF F.A. KIMBALL SUBDIVISION OF THE WESTERLY ONE-HALF OF 10-ACRE LOT 4 OF QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 585, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DATED FEBRUARY 20, 1889. ALSO THE SOUTHERLY 10 FEET OF 11TH STREET ADJOINING SAID LOT 1 ON THE NORTH AS CLOSED TO PUBLIC USE WHEREAS, the Planning Commission of the City of National City considered said application at a public hearing held on September 18, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on October 3, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2006-11, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. Resolution No. 2006 — October 3, 2006 Page 2 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposedlrequired improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the City Council has considered that the certified 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 Environmental Impact Report, which reflects the City'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 City Council approves said Tentative Subdivision Map subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall .be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in cnrformance with Exhibit (E- 00 -11), r1at,7HH June 28 d „ �:1„�, ex: �;;..;s � c,u ; :;� �y ::�; cc,r c;,J; i, o, apartvas. Resolution No. 2006 — October 3, 2006 Page 3 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2005-3). 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 furniture; 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. 10. 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. 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. Resolution No. 2006 — October 3, 2006 Page 4 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) NI 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 measures for prevention of storm water pollution and hazardous material run-off tb 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. 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 building 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) Resolution No. 2006 — October 3, 2006 Page 5 i) The deteriorated portions of 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. 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) Resolution No. 2006 — October 3, 2006 Page 6 11. 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) The developer shall upgrade the sewer line serving the project area to 12-inch diameter. The developer shall prepare a sewer capacity study of this line to ascertain the limits of the upgrade. The developer shall submit sewer and drainage improvement plans to the Public Works Department for review and approval. 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 alley, 11th Street frontage, and National City Boulevard frontage. 12. 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 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 b) Automatic fire sprinkler system will be required. c) Automatic and manual fire alarm system with communications system will be required. d) Smoke control system will be required e) Class I standpipe 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. 13. Buildinq Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall 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. 14. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated May 16, 2006. The pr t shall c1r p, <•vt` ., ne prevention through environmental design standards. Resolution No. 2006 — October 3, 2006 Page 7 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. 15. 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. 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. 16. 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 form and content by the City Attorney. 17. 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 alt property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Resolution No. 2006 — October 3, 2006 Page 8 18. 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. 19. 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. 20. 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. 21. 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 Attorney and signed by the City Manager prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: A�ichael Fi. Nick Inzunza, Mayor APPROVED AS TO FORM: C,.::JOi e. H. Eis ,;}r, City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 17 AGENDA ITEM NO. 'ITEM TITLE Resolution adopting City Council Policy #804 on "City Support for Special Events" PREPARED BY Leslie Deese DEPARTMENT Community Services Phone: (619) 336-4242 EXPLANATION Please see attached report. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Approve the Resolution adopting City Council Policy #804 on "City Support for Special Events" BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1) Resolution 2) City Council Policy #804 - Proposed A-200 (9/80) Attachment — Resolution Adopting City Council Policy #804 on "City Support for Special Events" The purpose of this report is to recommend the City Council adopt a resolution that would add City Council Policy #804 on "City Support for Special Events". Although the City Council recognize that special events are an important part of the special lifestyle that make our City unique, the City Council is concerned with the increasing cost of City support for special events. These include concerts, festivals, parades and sporting events which take place at City parks and facilities or on City streets and rights -of -way. City support for special events, be it administrative processing or police traffic service, is not specially budgeted and is funded by reductions in the level of service for budgeted programs. To address these issues, the City Council requested that staff put together protocols and a policy for Temporary Use Permits and fee waivers. A subcommittee consisting of Vice Mayor Ron Morrison, Councilmember Luis Natividad, Acting Public Works Director Joe Smith, Acting Building & Safety Director Tony Garcia, Interim Finance Director Bill Yeomans, Community Services Director Leslie Deese, Street Maintenance Supervisor Jeff Servatius, Park Superintendent Miguel Diaz, Police Sergeant Bill Strasen, Administrative Secretary Joe Olson, Accounting Assistant Mary -Jo Rebelez, and Acting Recreation Supervisor Susanna Peredo has met a number of times to formulate the attached Policy. The subcommittee is also working on a special event guide and application which will come before the Council at a later date. The City Council recognizes the benefits of special events, which provides: Social and cultural enrichment; e Economic vitality; • Community identity and pride; Opportunity for family activities; e Funding for our community's non-profit agencies; e Quality of life for our residents. Despite these benefits, there are some challenges, which include: • Strain on City's budget; --> In 2004/05, approximately $57,000 in fees were waived. e Overuse of City parkland; • City fee requirements may represent a significant portion of an event's costs. The proposed Policy provides guidelines of City support for special events, consistent with the least possible disruption to normal City services and to the extent that economic conditions and City resources allow. Provisions of the proposed Policy, and of which is subject to the City's economic condition and resources, include: ® Authorize the City Manager to provide City support for a special event conducted by a non-profit organization when there is insufficient time for Council approval. City support would be limited to a waiver of permit processing fees, and the event would have to benefit National City residents. • Authorize the City Manager to provide reasonable City support of up to $1,500 to non- profit special events that benefit National City residents, which are listed in Attachment A and are considered to be National City co -sponsored annual events. ▪ National City will sponsor and provide community -wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designated for that purpose. ® Authorize the City Manager to charge City costs for any special event of a commercial nature and require organizers of commercial special events to pay the City a negotiated percentage of gross revenues or a flat fee. • Volunteer and private resources will be used in lieu of City support for special events whenever possible. The subcommittee recommends the City Council adopt the policy. �� 1 CITY COUNCIL POLICY TITLE: CITY SUPPORT FOR SPECIAL EVENTS ADOPTED: October 3, 2006 BACKGROUND: AMENDED OR REVISED: POLICY NUMBER: 804 Page 1 of 6 The City Council is concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specially budgeted and is provided through reductions in the level of service for budgeted programs. The Council also recognizes that special events are a major part of that special lifestyle that defines National City's history that makes our city unique. DEFINITIONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use of benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include but are not limited to: a. Parades. b. Public concerts and other community cultural events. c. Demonstrations. d. Circuses. e. Fairs and festivals. f. Community or neighborhood block parties and street dances. g. Mass participation sports (marathons, bicycle races and tours). h. Film making activities. i. Public speaker events. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: CITY SUPPORT FOR SPECIAL EVENTS POLICY NUMBER: 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: Page 2 of 6 2. CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. City support includes but is not limited to: a. Special Event permit processing. b. Police services. c. Sanitation and cleanup. d. Maintaining access for emergency vehicles and provision of medical care. e. Street closures. City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501c3) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or assigned representative. CITY OF NATIONAL CITY 4/1 CITY COUNCIL POLICY TITLE: CITY SUPPORT FOR SPECIAL EVENTS ADOPTED: October 3, 2006 PURPOSE: AMENDED OR REVISED: POLICY NUMBER: 804 Page 3 of 6 It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. POLICY: 1. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager upon City Council notification, may provide reasonable City support up to $1,500 to non-profit special events that benefit National City residents, which are listed in AttachmentA and are considered to be City co -sponsored annual events. The City Manager shall notify the City Council of upcoming events on a monthly basis. As a City co -sponsored event, organizations shall use the City's Togo in all advertising materials promoting the event. CITY OF IyAIIONAL CITY 5 CITY COUNCIL POLICY TITLE: CITY SUPPORT FOR SPECIAL EVENTS POLICY NUMBER: ADOPTED: October 3, 2006 AMENDED OR REVISED: Page 4 of 6 3. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, National City will sponsor and provide community -wide annual events which are listed in AttachmentB. Event fees that are incurred by City departments will be charged against an account designated for that purpose. The City Manager shall notify the City Council of upcoming events on a monthly basis. 4. It is the policy of the City Council that the City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues or a flat fee. Such revenues will be deposited into the City's General Fund. Proceeds from a special event of a commercial nature that benefits a local non-profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result in loss of deposit and may jeopardize future use of City facilities. 5. It is the policy of the City Council that volunteer and private resources will be used in lieu of City support for special events whenever possible. RELATED POLICY REFERENCES: City Council Policy #704 — Limitation on City Approved Special Events Within the City City Council Policy #802 — Use of the City Mobile Stage and Equipment CITY OF NA ZONAL CITY CITY COUNCIL POLICY TITLE: CITY SUPPORT FOR SPECIAL EVENTS POLICY NUMBER: 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: Page 5 of 6 ATTACHMENTA NATIONAL CITY CO -SPONSORED EVENTS Event Title Non -Profit Organizer Salute to Navy N.C. Chamber of Commerce October Taste of National City N.C. Chamber of Commerce August Auto Heritage Days N.C. Chamber of Commerce August Chamber Installation Dinner N.C. Chamber of Commerce February Community Concert Band N.C. Community Concert Band Quarterly Series (up to 4 concerts annually/per event) July 4th Carnival Miss National City Pageant World Asthma Day Relay for Life Cinco de Mayo Fair R.O.T.C. Appreciation Filipino Parade and Fair National City Host Lions Club July Miss National City Pageant June/July Paradise Valley Hospital May American Cancer Society August S.D.-Tijuana Border Initiative May Sweetwater High School ROTC December Council of Philippine American June Organizations (COPAO) CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: CITY SUPPORT FOR SPECIAL EVENTS POLICY NUMBER: 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: Page 6of6 ATTACHMENT B NATIONAL CITY SPONSORED EVENTS Event Title City Department Chili & Salsa Cookoff Library September Pepper Park Summer Concert Community Services September Veteran's Day Memorial Community Services November Memorial Day Event Community Services May International Fair & Parade Community Services July National Night Out Against Crime Police, Community August Services, FFA Public Safety Fair Police, Fire, Community October Services CITY OF NATIONAL CITY MEETING DATE October 3, 2006 City of National City, California COUNCIL AGENDA STATEMENT 18 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of National City approving the Change Order Number Three with MJC Construction for the installation of the east/west (new alignment) boardwalk in the amount of $268,000 (Lump Sum ) and transferring funds from Park Development Impact Fees Undesignated Balance and the Park and Recreation Capital Outlay to the project expenditure account for the Paradise Creek Education Park Project Din Daneshfar Engineering 4387 PREPARED BY DEPARTMENT EXT. EXPLANATION See attached explanation. Environmental Review X N/A MIS Approval Financial Statement Funds will be available bytransferringfunds from Account No. Approved By: Finance Dir or 325-2501 (Park Development Impact Fees) to 325-409-500-598-4113 (Paradise Creek Educational Park) in ' amount of $191,034 and from Account No. 115-2501 (Park and Recreation Capital Outlay) to 1 15-409-500-598-4113 radise Creek Educational Park) in the amount of $76,965.25. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. 2. Change Order Number 3 3. Completed Intrabudget Adjustment Request forms A-200 (Rev. 7/03) Re: Resolution of the City Council of National City approving the Change Order Number Three with MJC Construction for the installation of ;the east/west (new alignment) boardwalk in the amount of $268,000 (Lump Sum .)and transferring funds from Park Development Impact Fees Undesignated Balance and the Park and Recreation Capital Outlay to the project expenditure account for the Paradise Creek Education Park Project On August 16, 2004, the City Council by Resolution Number 2005-179 awarded a contract to MJC Construction in the amount of $1,008,900 for the construction of the first phase of the Paradise Creek Education Park. On September 19, 2005, the construction of the project began. On December 20, 2005, the City Council approved the Change Order Number One in the not to exceed amount of $150,000 for the removal and disposal of contaminated soils from the site. During the installation of the raised boardwalks and pile driving along the west side of Paradise Creek, the Contractor encountered layers/pieces of hard material at various design depths and locations. These new conditions made the excavation very difficult and time consuming, and resulted in suspension of the pile setting construction activities. The Contractor had to find the drillable spots by trial and error. This area used to be a dumpsite and considered to be an environmentally sensitive site. These conditions were reviewed and checked against the existing soils report. The findings were that the material testing included only random sampling spots and did not address the soils condition at various depths within the construction area. After having a number of meetings with the Contractor, the City and the Contractor came to a conclusion that the Additive Alternatives A4 and A5 (Central Boardwalk and Connections) be excluded from the original contract and the work be completed with a new boardwalk alignment based on Time and Materials (T&M) (Change Order Number Two). Due to the shift in the original alignment of the boardwalks and piling shaft locations, the central boardwalk and connections (Additive Alternates, A4 and A5) were adjusted accordingly and designated with new alignments as the north/south (260 ft) and east /west (160 ft) boardwalks. On April 4, 2006, the Contractor started the T&M work, however, the work had to be suspended on August 7, 2006 in order to avoid a cost overrun. Currently, the seventy five percent (75%) of the work has been completed on the north/south boardwalk. Based on the staffs negotiation with the Contractor, it is recommended to complete the work as outlined by the following two change orders: • The Change Order Number Two has been included in the tonight's Council agenda as a resolution which excludes the Additive Alternatives A4 and A5 (Central Boardwalk and Connections) from the original contract and adds the 1 north/south (new alignment) boardwalk based on Time and Material (T&M) method with no change in the cost. • The Change Order Number Three (attached) will add the east/west (new Alignment) boardwalk in an additional amount of $268,000 (Lump Sum In order to complete the east/west boardwalk some of the actual improvements design will be deviated from the original plans. The main deviation will be the alignment of the boardwalk and locations of the piling shafts that will be changed to avoid the conflict with the hard subsurface material. Another major deviation will be removing the installation of the red brass railing and replacing it with a galvanized steel cable rail. The red brass railing can be very attractive target for vandalizing and costly for maintenance. The changes will reduce the cost and complete the project with the suitable alternate improvements. The total contract amount will be increased from $1,158,900 to $1,426,900. The additional amount of $268,000 will be needed to complete the project. In order to provide additional funds and complete this work the proposed resolution will also approve the transfer of the funds from Account No. 325-2501 (Park Development Impact Fees) to 325-409-500-598-4113 (Paradise Creek Educational park) in the amount of $191,034.75 and from Account No. 115-2501 (Park and Recreation Capital Outlay) to 115-409-500-598-4113 (Paradise Creek Educational Park) in the amount of $76,965.25. Attached are the completed Intrabudget Adjustment Request forms Attached is also the Contractor's proposal. 2 CHANGE ORDER C/O Number 3 To .(Contractor): California C/O Initiation Date: August 30, 2006 MJC Construction, Project: Paradise Creek Education Park Project Specification No.: 04-5 A Change Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CHANGE: This change order will add the East/West (new alignment) Boardwalk in the amount of $268,000 (Lump Sump). See attached contract change request (proposed costs and schedules) dated August 31, 2006. COST RECONCILATION: Costs were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary: The original Contract Amount Net change by previously authorized Change Orders $ 1,50,000.00 15 The contract Amount prior to this Change Orders $ ,900.00 With the Change Order No.2 request the Contract cost was unchanged $ 1,158,900.00 New Contract Amount $ 1,158,900.00 With the Change Order request the contract cost is increased by $ 268,000.00 New Contract Amount $ 1,426,900.00 Change in Contract Time: 165 Working Days Contract Completion Date: May 21, 2007 Recommended for Approval by: CITY PROJECT MANAGER DATE Approved by: CONTRACTOR/MJC CONSTRUCTION DATE CITY OF NATIONAL CITY DATE CC: Construction File Inspector 3 To: RE: MJC CONSTRUCTION, INC. 301 5 SILVIA STREET, BONITA, CA 91902 TEL (619) 472-5619 FAx (619) 472-5637 August 31, 2006 Din Daneshfar City of National City Engineering Department 4° J BID FOR COMPLETION OF EAST/WEST BOARDWALK AS LAID OUT IN THE FIELD WITH GALVANIZED STEEL CABLE RAIL AS SUBMITTED IN STAINLESS STEEL FOR DESIGN CONCEPT. Lump sum bid in the amount of $268,000.00 Construction time: 24 weeks, includes material delivery lead-time. Guaranteed installation. Sincerely, Javier Jimenez President rrl rmn r n rn r=3 rn -0 ;1 11111 4. 9 DATE: INTRABUDGET ADJUSTMENT REQUEST DEPARTMENT STATEMENT OF PROBLEM AND TIME URGENCY ACTIVITY OR DIVISION FOR THE PARADISE CREEK EDUCATIONAL PROJECT AMOUNT NEEDED S 1 91 , 034.75 ROM: 325-2501 TO: TRANSFER: ACCT. # DEPARTMENT HEAD TITLE DEVELOPMENT IMPACT REVENUE 325-409-500-598-4113 PARADISE CREEK PARK ADMINISTRATIVE REVIEW/COMMENTS THIS PORTION TO BE COMPLETED BY FINANCE DEPARTMENT UNENCUMBERED AS FINANCE BALANCE OF INITIAL ORIGINAL PREVIOUS APPROPRIATION TRANSFERS IN[OUT) C.M. ate Approval Disapproval cc: Budget File White Requesting Dept. Head - Yellow City Manager - Pink Originating Dept. - Goldenrod Approval Disapproval FIN. DIR Date Date Posted FIN•003 4/90 DATE: 9/20/06 INTRABUDGET ADJUSTMENT REQUEST DEPARTMENT ACTIVITY OR DIVISION ENGINEERING PARADISE CREEK CHANNEL IMPROVEMENTS STATEMENT OF PROBLEM AND TIME URGENCY PLEASE SET UP AN EXPENDITURE ACCOUNT IN THE AMOUNT OF $76.965.25 TO COMPLETE THE CHANNEL IMPROVEMENT FOR THE PARADISE CREEK EDUCATIONAL PROJECT. AMOUNT NEEDED $76.965.25 FROM: 115-2501 TRANSFER: ACCT. # TITLE PARK & RECREATION CAPITAL OUTL TO: 115-409-500-598-4113 DEPARTMENT HEAD THIS PORTION TO BE COMPLETED BY FINANCE DEPARTMENT UNENCUMBERED AS FINANCE BALANCE OF INITIAL PARADISE CREEK EDUCATIONAL PARK APORIGINAL PREVIOUS PROPRIATION TRANSFERS INIOUT] ADMINISTRATIVE REVIEW/COMMENTS C.M, Date IApproval Disapproval CC; Rudrnt Fiio - !flh;tc. Requesting lJcj. i, i - U - 1'Ci liJ'w City Manager -Pink Originating Dept. - Goldenrod IApproval Disapproval RN. DIR Date Date Posted FIN- 3 490 RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. 3 WITH MJC CONSTRUCTION, INC., FOR THE INSTALLATION OF THE EAST/WEST (NEW ALIGNMENT) BOARDWALK IN THE AMOUNT OF $268,000 (LUMP SUM), AND TRANSFERRING FUNDS FROM PARK DEVELOPMENT IMPACT FEES UNDESIGNATED BALANCE ACCOUNT AND THE PARK AND RECREATION CAPITAL OUTLAY ACCOUNT TO THE PARADISE CREEK EDUCATIONAL PARK ACCOUNT FOR THE PARADISE CREEK EDUCATION PARK PROJECT WHEREAS, the contract for the construction of the first phase of the Paradise Creek Educational Park was awarded to MJC Construction, Inc., on August 16, 2005, by the adoption of Resolution No. 2005-179; and WHEREAS, on December 20, 2005, the City Council approved Change Order No. 1, in the not to exceed amount of $150,000, for the removal and disposal of approximately 1,500 cubic yards of contaminated soil from the Paradise Creek site; and WHEREAS, Change Order No. 2 was necessary to exclude the Additive Alternatives A4 and A5 (Central Boardwalk and Connections) in the amount of $315,000 from the original contract, and add the installation of the north/south (new alignment) boardwalk based on Time and Materials, in a not to exceed amount of $315,000; and WHEREAS, Change Order No. 3 will add the installation of the east/west (new alignment) boardwalk for the additional amount of $268,000; and WHEREAS, it is necessary to transfer $191,034.75 from the Park Development Impact Fees Account No. 325-2501, and $76,956.25 from Park and Recreation Capital Outlay Account No. 115-2501, to Paradise Creek Educational Park Account No. 115-409-500-598- 4113 to fund the additional work on the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 3 with MJC Construction, Inc., for the installation of the east/west (new alignment) boardwalk in the amount of $268,000. BE IT FURTHER RESOLVED that the City Council hereby authorizes the transfer of $191,034.75 from Park Development Impact Fees Account No. 325-2501, and $76,956.25 from Park and Recreation Capital Outlay Account No. 115-2501, to Paradise Creek Educational Park Account No. 115-409-500-598-4113. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael Dalia, City Clerk George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 (ITEM TITLE AGENDA ITEM NO. 19 Resolution — APPROVING AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CONSTELLATION PROPERTY GROUP, LP, REGARDING RELOCATION COSTS FOR THE INTERNATIONAL LONGSHORE AND WAREHOUSE UNION LOCAL NO.29 OFFICES. PREPARED BY CDC Staff -x4250 DEPARTMENT Community Development Commissio EXPLANATION The proposed reimbursement agreement requires Constellation Property Group to allocate $70,000 towards the proposed tenant improvements of the western portion (approximately 4,300 square feet) of the former National City Public Library building at 200 East 12th Street ("Library"). The reimbursement agreement is a companion document to the proposed lease with San Diego Joint Port Labor Relations Committee. The lease and the funding provided by the reimbursement agreement will facilitate the proposed tenant improvements for relocation of the International Longshore & Warehouse Union ("ILWU") Local No. 29 office to the Library, which will assist Constellation Property Group in proceeding with the Revolution 2 � development. Environmental Review The proposed agreement is exempt from CEQA review. Financial Statement Staff estimates the City will receive approximately $150,000 during the initial 2-year term of the proposed lease and $400,000 if the lease runs for a 5-year total term. Staff estimates the proposed tenant improvements to accommodate the ILWU relation will cost approximately $200,000 with Constellation Property Group paying $70,000 back to the City. As many of the proposed improvements (electrical, plumbing, HVAC and hazardous waste removal) will benefit future users after ILWU, staff is assessing whether the remaining tenant improvement costs ($130,000) may be funded with Art Center redevelopment bond proceeds when the proposed tenant improvements are awarded for bid by the City Council. A request for consideration of an appropriation for these funds will be brought forward when a contract for tenant improvements is awarded. Account No. STAFF RECOMMENDATION Adopt the Resolution authorizing the Mayor to execute the Reimbursement Agreement with Constellation Property Group. BOARD / COMMISSION RECOMMENDATION None. ATTACHMENTS 1. Reimbursement Agreement 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 CONSTELLATION PROPERTY GROUP, LP, FOR THE PAYMENT OF $70,000 TO THE CITY FOR THE COST OF TENANT IMPROVEMENTS TO THE VACANT NATIONAL CITY PUBLIC LIBRARY LOCATED AT 41 EAST 12TH STREET TO ACCOMMODATE THE RELOCATION OF THE INTERNATIONAL LONGSHORE AND WAREHOUSE UNION LOCAL NO. 29 OFFICES WHEREAS, due the to the future construction of the Revolution 2 project by the Constellation Property Group, it is necessary to temporarily relocate the offices of the International Longshore and Warehouse Union Local No. 29 (Local 29); and WHEREAS, on October 3, 2006, the City Council approved a Lease Agreement with the San Diego Joint Port Labor Relations Committee for the use of the western portion of the former National City Public Library building located at 200 East 12th Street as a temporary office and dispatch facility for the International Longshore and Warehouse Union Local No. 29, for a term not to exceed five (5) years; and WHEREAS, before relocating Union 29, substantial tenant improvements to the former library budding are necessary at a cost of approximately $200,000; and WHEREAS, to facilitate the relocation of Local 29, Constellation Property Group has agreed to assist the City in funding the tenant improvements by allocating $70,000 to be paid to the City within five (5) business days of the City awarding the contract to a contractor to perform the tenant improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Agreement with Constellation Property Group for the payment of $70,000, payable to the City of National City within five (5) business days of the City awarding the contract to a contractor to perform the tenant improvements to the former public library building located at 200 East 12 Street to accommodate the temporarily relocation of the International Longshore and Warehouse Union Local No. 29. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CONSTELLATION PROPERTY GROUP, LP, REGARDING RELOCATION COSTS FOR THE INTERNATIONAL LONGSHORE AND WAREHOUSE UNION LOCAL NO. 29 OFFICES THIS AGREEMENT is entered into this 3rd day of October, 2006, by and between the City of National City ("City") and Constellation Property Group, LP, ("CPU") (jointly referred to hereinafter as the "Parties") with reference to the following facts and objectives: RECITALS A. Various residential redevelopment projects are occurring in the downtown area of National City, which will create opportunities for home ownership, and increase the City's tax base. CPG has developed a high-rise residential tower as one of these projects ("Revolution 2"). B. The development of Revolution 2 requires the temporary relocation of the International Longshore and Warehouse Union Local No. 29 ("Local 29") dispatch and office facility at 41 East 12th Street. C. It has been proposed that Local 29 be located temporarily at the former National City Public Library at 200 East 12th Street (the "Library") pursuant to a lease between Local 29 and the City. D. The relocation of Local 29 will require substantial tenant improvements to the Library. E. The leasing of the Library to Local 29, and the tenant improvements to be constructed in connection therewith, will benefit the City by upgrading the Library and by generating income for the City until a permanent use for the Library commences. F. Library tenant improvements under this Agreement are considered a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by the City of National City and let to the lowest responsible bidder after notice. G. CPG has agreed to assist in funding a portion of the Library tenant improvements to facilitate the relocation of Local 29. H. The City will fund the remaining portion of the Library tenant improvements. THEREFORE, in consideration of the mutual promises and covenants contained herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. CPG PORTION OF COSTS. CPG agrees to pay Seventy Thousand and No/100 Dollars ($70,000.00) in United States currency to the City within five (5) business days of the City awarding the contract to a contractor to perform the Library tenant improvements. 2. NO ASSIGNMENT. Neither party shall assign its rights or benefits under this Agreement without the prior written consent of the other party. 3. TIME. Time is of the essence as to all dates and periods of performance contemplated by the Agreement. 4. COMPLETE AGREEMENT. This Agreement represents the complete Agreement between the Parties with regard to their responsibilities for paying for the Library tenant improvements, and supersedes any previous agreements, whether oral or written, on this subject. 5. NOTICE PROVISIONS. Any notice provided pursuant to this Agreement shall be provided by mail to: On behalf of the City: City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 On behalf of CPG: Wayne Hahn Constellation Property Group, LP 1133 Columbia Street, Suite 101 San Diego, CA 92101-3535 6. EI FECTIVE DATES. This Agreement becomes effective on the date it is signed by the City. 7. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 8. SEVERABILITY. Should any part of this Agreement be deemed illegal by a court of competent jurisdiction, that portion of the Agreement shall be severed from the Agreement and shall not affect the legality of the remaining portions of the Agreement. .a:LGlil�(lt DtAt`ieCR L.iiy and Constellation Property Group 9. COUNTERPARTS. This Agreement may be executed in counterparts. A copy of this Agreement bearing the original signature of some parties and the photocopied signatures of other parties shall be enforceable in the same manner as a fully executed original document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY A corporate body, corporate and public By: CONSTELLATION PROPERTY GROUP (NatCity 12th) LP, A Delaware Limited Partners Nick Inzunza, Mayor By: APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 Eugene. chese, President Agreement between National City and Constellation Property Group City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 20 ITEM TITLE Resolution — APPROVING A LEASE WITH THE SAN DIEGO JOINT PORT LABOR RELATIONS COMMITTEE FOR USE OF THE WESTERN PORTION OF THE FORMER NATIONAL CITY LIBRARY BUILDING (200 EAST 12TH STREET) FOR OFFICE USE AND AUTHORIZING THE MAYOR TO EXECUTE THE LEASE. PREPARED BY DEPARTMENT Community Development Commissio CDC Staff! x4250 EXPLANATION Relocation of the International Longshore & Warehouse Union ("ILWU") Local No. 29 office at 41 East 12th Street will be necessary to develop the Revolution 2 project by the Constellation Property Group ("Developer"). The existing lease expires October 31, 2011 and the Developer has asked the City for assistance in finding a temporary relocation site for the ILWU, so development of the Revolution 2 site can proceed. On May 16, 2006 the City Council authorized the City Manager to negotiate a lease for the former National City Public Library building at 200 East 12th Street, as a temporary location for the ILWU, while a permanent location is found. The ILWU would occupy the western portion (approximately 4,300 square feet) of the Library building, while leaving the remaining portion (18,000 square feet) available for the phased development of the proposed Arts Center. Proposed terms of the lease will include; lease length, revenue, maintenance, parking, property taxes and inflationary adjustments to the market rent. Environmental Review The proposed agreement is exempt from CEQA review. Financial Statement Staff estimates the City will receive approximately $130,000 during the initial 2-year term of the proposed lease and $340,000 the lease runs for a 5-year total term. There are no extensions proposed beyond the maximum 5-year term of the lease. Account No. STAFF RECOMMENDATION Adopt the Resolution authorizing the Mayor to execute the market rate lease, not to exceed 5 years in length for City property (200 East 12th Street) with the San Diego Port Labor Relations Committee. BOARD / COMMISSION RECOMMENDATION None. ATTACHMENTS 1. Background Report 2. ILWU Space Plan 3. Lease Agreement 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 A LEASE AGREEMENT WITH THE SAN DIEGO JOINT PORT LABOR RELATIONS COMMITTEE FOR THE USE OF THE WESTERN PORTION OF THE FORMER NATIONAL CITY LIBRARY BUILDING LOCATED AT 200 EAST 12TH STREET FOR OFFICE USE FOR A TERM NOT TO EXCEED FIVE (5) YEARS WHEREAS, the City desires to assist the San Diego Joint Port Labor Relations Committee in finding a suitable temporary office and dispatch facility; and WHEREAS, the San Diego Joint Port Labor Relations Committee desires to lease from the City certain office space at the former National City Library building located at 200 East 12th Street to service as a temporary office and dispatch facility; and WHEREAS, the City desires to assist the Community Development Commission of the City of National City (CDC) who is engaged in activities necessary to execute and implement the Redevelopment Plan for the National City Redevelopment Project and the National City Downtown Specific Plan; and WHEREAS, the Lease Agreement will facilitate the re -use of an underutilized property; and WHEREAS, the relocation of the San Diego Joint Port Labor Relations Committee will assist the CDC in implementing the Redevelopment Plan and the Downtown Specific Plan; and WHEREAS, lease revenue will provide needed funding to the City's general fund for community benefits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease Agreement with the San Diego Joint Port Labor Relations Committee for the use of the western portion of the former National City Library building located at 200 East 12th Street for office use, for a term not to exceed five (5) years. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 BACKGROUND REPORT The Revolution 2 development will require the demolition of a two-story office building at 41 East 12th Street to accommodate the twenty-two story mixed -use residential project with 247residential condominium units, over 10,000 square feet of retail space with a transit plaza. Leases for the remaining tenants of the existing office building have all expired except for the ILWU, which exercised a 5-year lease extension option, until October 31, 2011. The Developer has asked the City for assistance in finding a temporary relocation site for the ILWU, so development of the Revolution 2 site can proceed. The National City Community Development Commission ("CDC") assessed its properties holdings and called local brokers to ascertain the availability of replacement office space for the ILWU as a suitable location. After eliminating CDC and available market properties it was determined that the former National City Library at 200 East 12th Street ("Library") might serve as a temporary location for the ILWU, while a permanent facility is found. On May 16, 2006 the City Council (Resolution 2006-95) authorized the City Manager to negotiate a market rate lease with an initial term of two (2) years and three (3) 1-year extensions for a total potential lease term of no longer than five (5) years. The attached lease addresses the following issues: -Maintenance and repairs to be performed by the City. -Tenant improvemants,to be installed by the City pursuant to the work letter attached to the lease. -Parking spaces reserved exclusively for the lessee. (46uuditions for the three (3) 1-year extensions. -Initial rent of $5,375 per month with inflationary adjustments for market rate rent of between 3 and 5 percent. -Possessary interest taxes and utilities to be paid by the City. CDC and City staff met with the National City Public Arts Committee to discuss the proposed lease of the Library and identify shared -use issues with respect to the Library building having a dual use as an Arts Center and ILWU office for up to 5 years. Benefits to the City of leasing the western portion of the Library to the ILWU include: • Proceeding with the Revolution 2 project as catalyst redevelopment for Downtown National City. • Allows Arts Center project to move forward in a phased fashion. • Providing an immediate occupant for a property that suffers from vagrancy and vandalism. • Provides revenue ($150,000 to $400,000) from a facility, where there is currently none. 2 ATTACHMENT 2 ILWU SPACE PLAN FUTURE ARTS CENTER AREA OFFICE I 01 OFFICE 102 GREAT HALL 1100 KITCHEN 115 I COM STORAGE I 112 I MEETING ROOM LEASE By and between the CITY OF NATIONAL CITY and SAN DIEGO JOINT PORT LABOR RELATIONS COMMITTEE This Lease, made and entered into this 7th day of July, 2006 by and between the City of National City ("City"), hereinafter designated as "Lessor," and San Diego Joint Port Labor Relations Committee (comprised of the International Longshore & Warehouse Union — Local No. 29 and the Pacific Maritime Association), hereinafter designated as "Lessee." RECITALS Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the western portion of the building located at 200 East 12th Street in National City, California for the use described in Section 4 below more fully described as Lessee's exclusive use of a 4,300 square feet area on Exhibit "A" as Office Use. NOW, THEREFORE, the parties hereto agree as follows: I , Leza1 Status Of Lessee. Lessee warrants that it is a legal mutual benefit corporation, incorporated under the laws of the State of California. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, commonly described as western portion (4,300 square feet) of the building located (the "Leased Premises") at 200 East 12t6 Street in National City, California (the "Building"), otherwise known as the former National City Library building (San Diego County Assessor's Parcel number 560-100-03). The approximate configuration and location of' the Leased Premises is shown on Exhibit A attached hereto and incorporated herein by reference. 3. Condition of Leased Premises. Lessor shall deliver the Leased Premises and the Building to Lessee in a clean condition and warrants that the existing mechanical, electrical, doors, plumbing, lighting, heating, ventilation and air conditioning systems, exterior paved surfaces, landscaping and hardscaping and all improvements constructed to facilitate Lessee's occupancy and Use of Leased Premises and Building, including, without limitation the Lessee Improvements (as defined in Exhibit B) shall be in good operating condition as of' the Commencement Date (as defined in Section 6 below) and comply with all building and regulatory laws and codes, including, without limitation, Americans with Disability Act ("ADA"). 4. Use. The Leased Premises are leased to Lessee by Lessor for the following purposes: (i) a dispatch hall and meeting place for the Longshore and Warehouse Union; (ii) general office and administrative uses; and (iii) ancillary uses consistent with the uses specified in clauses (i) and (ii). 5. Assignment & Subletting. This Tease shall not be assigned, sublet, hypothecated, leveraged, or transferred without the prior written consent of the Lessor; provided however, Lessee may assign or Page 1 of 9 sublet this Lease to an affiliate of Lessee without the prior written consent of Lessor. 6. Term. The initial term of this Lease shall be twenty (24) months ("Term"), beginning on the date which is the later of (i) August 31, 2006; or (ii) ten (10) days after Lessor has completed all of the Lessee improvements (`Lessee improvements") as described in and in accordance with that certain Work Letter attached to this Lease as Exhibit B and incorporated herein by reference, and Lessor has delivered possession of the Leased Premises to Lessee (the "Commencement Date") . The Lessor hereby grants the Lessee the options (collectively "Options") to extend the Term of this Lease for three (3) additional twelve (12) month periods commencing when the Term expires and each twelve (12) month period thereafter. To exercise any Option, Lessee must be current on all financial obligations including; Rent and Liability Insurance. Lessee's payment of Rent during the first calendar month of an Option shall constitute exercising such twelve (12) month extension in term for such Option. Non- payment of Rent beyond thirty (30) calendar days of the first month of any Option shall constitute a waiver of all remaining Options. Lessee acknowledges that the use of the Leased Premises is temporary and agrees to use good faith efforts to seek alternative premises to the Leased Premises for the use set forth herein; provided, however, notwithstanding the foregoing or anything to the contrary contained herein (i) nothing in this paragraph shall create any liability or obligation on the part of Lessee; and (ii) Lessor shall have no right to terminate this Lease prior to the expiration of the Term (as extended by the Options) for failure of Less e.e4to seek or otherwise find alternative premises to the Leased Premises. 4V!/<• Lessee to initial here & 622-()iodate aRessee to initial here afititageclate 7. Termination and Lessee Default. This Lease may be terminated by the Lessee, (with or without cause) upon one hundred and twenty (120) days written notice to Lessor. The Lease may be terminated by the Lessor upon the occurrence of one or more of the following defaults ("Defaults") and the failure of Lessee to cure any such Defaults within any applicable grace period: (7.1) The failure of Lessee to make any payment of Rent or provide reasonable evidence of insurance, or to fulfill any obligation of Lessee under this Lease which endangers or threatens life or property, where such failure continues for a period of ten (10) business days following written notice from Lessor. (7.2) A failure by Lessee to perform any of the obligations of Lessee Lease (other than those described in subparagraph 7.1), where such failure continues for a period of thirty (30) a days after written notice from Lessor; provided, however, that if the nature of Lessee's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. i, Lessor Remedies upon a Lessee Default. If Lessee is in Default and has failed to cure such Default within any applicable grace period, Lessor may, at its option, perform such duty or obligation giving rise to the Default on behalf of Lessee, including but not limited to the obtaining of reasonably required insurance policies, or government licenses, permits or approvals. The costs and expenses of any such performance by Lessor shall be due and payable by Lessee within ten (10) days of receipt of invoice therefore. If any check given to Lessee shall not be honored by the bank upon which it is drawn, Lessor, at its option, may require all future payments to be made by Lessee to be by cashier's check. In the event of a Default which Lessee has failed to cure within any applicable grace period, Lessor may, with or without further notice or demand and without limiting Lessor in the exercise of Page 2 of 9 any right or remedy which Lessor may have by reason of such Default; terminate the Lessee's right to possession of the Leased Premises by any lawful means, continue the Lease, and/or pursue any other remedy now or hereafter available under the laws or judicial decision of the State of California. 9. Lessor Default. Lessor shall be in default under this Lease ("Lessor Default") if Lessor fails to perform any of the obligations of Lessor under this Lease and such failure continues for a period of thirty (30) a days after written notice from Lessee; provided, however, that if the nature of Lessor's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Lessor Default if Lessor commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The rights and remedies of Lessee upon a Lessor Default shall be cumulative and upon a Lessor Default Lessee may pursue any and all rights and remedies at law or in equity, whether at the same time or otherwise. 10. Rent. Lessee shall pay a Rent for the Leased Premises of One and 25/100 Dollars ($1.25) per rentable square foot for approximately 4,300 square feet of rentable space, or Five Thousand Three Hundred Seventy Five and No/100 Dollars ($5,375.00) per month for the term of this lease, payable on the first (1s`) day of each month commencing on the Commencement Date. The Rent includes consideration for maintenance, utility expenses, insurance, management, capital repairs and upgrades and property taxes to be incurred by the Lessor. Payment of Rent after the fifth (5th) day of each month shall require an additional payment of One Hundred and no/100 Dollars (S100.00) in addition to the outstanding Rent. Lessor and Lessee agree that the rentable space of the Leased Premises for all purposes under this Lease shall be 4,300; provided, however, that, at any time during the term of this Lease Lessee may at Lessee's expense, cause its architect to re -measure the Leased Premises in accordance with the Applicable Measurement Standards (as defined below). Upon completion of any such re - measurement, Lessor and Lessee shall, at the request of either party, confirm the rentable space in writing. As used herein, "Applicable Measurement Standards" means the ANSLBOMA Z-65.I 1996 Standard Method of Measuring Floor Area in Office Buildings. 11. Inflation Adiustment. The monthly Rent shall be adjusted for inflation (measured by the preceding 12 month period) on July 1, 2007, July 1, 2008, July 1, 2009, and July 1, 2010. The Consumer Price Index (U — All Urban Consumers) of the Bureau of Labor Statistics of the United States Department of Labor, for the Urban Area of Los Angeles, Riverside and Orange Counties shall be the inflationary index applied to each yearly adjustment in Rent ("CPI"). In no event shall the annual CPI increase be less than three (3) percent or more than five (5) percent of the Rent for the preceding year. The monthly Rent shall be indexed for inflation by the following formula which shall apply to the Temi and the Options: July 1, 2006 thru June 1, 2007 - (Year 1 Rent) July 1, 2007 thru June 1, 2008 - (Year 2 Rent) July 1, 2008 thru June 1, 2009 - (Year 3 Rent) July 1, 2009 thru June 1, 2010 - (Year 4 Rent) July I, 2010 thru June 1, 2011 - (Year 5 Rent) S5,375.00 per month Year 1 monthly Rent plus CPI increase per month Year 2 monthly Rent plus CPI increase per month Year 3 monthly Rent plus CPI increase per month Year 4 monthly Rent plus CPI increase per month 12. Maintenance and R.epair. Lessor shall provide, at Lessor's own expense, routine services, maintenance and repair including: landscaping, windows, lighting, HVAC, all mechanical and electrical systems, plumbing, painting of all public areas, and all exterior paved areas including hardscaping and parking. Lessor will be responsible for repair of improvements located on the Leased Premises, except the Lessee shall be responsible for cleaning/janitorial service of the Leased Premises. Lessee shall keep the Leased Premises in as good order, condition and repair as reasonable use and wear thereof will permit. Page 3 of 9 (12.1) Repairs by Lessor. Lessor shall be required to make such repairs or replacements to the Leased Premises as may be required for normal maintenance and operation, which shall include the repairs and/or replacements to all structural portions of the Building and all walls, floors, corridors, windows, HVAC, mechanical electrical, plumbing, paving and parking, exterior windows, and other structures and equipment within and serving the Leased Premises, and such additional maintenance as may be necessary because of damages by persons other than Lessee, its agents, employees, invitees, or visitors, all in accordance with standard practices for similar commercial buildings in the San Diego, California area. Without limiting the foregoing, Lessor shall provide adequate lighting in the parking area servicing the Building. Notwithstanding anything to the contrary set forth herein, if Lessor is required to make repairs or take other corrective action in the Leased Premises by reason of Lessee's negligent acts or negligent failure to act reasonably, Lessor shall have the right to recover from Lessee the cost of the repairs or other work. If Lessor fails to promptly make any repairs or replacements required under this Section 12.1 after ten (10) days of written notice from Lessee, Lessee may, at its option, make such repairs or replacements, and Lessor shall reimburse the cost thereof to the Lessee within ten (10) days of written demand. (12.2) Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees, invitees, or visitors, at Lessee's own cost and expense. If Lessee fails to make such repairs or replacements promptly, Lessor may, at its option, make such repairs or replacements, and Lessee shall repay the cost thereof to the Lessor as additional rent within ten (10) days of written demand. However, for any repair work, other than repair work in emergency situations, costing over Five Hundred and no/100 Dollars ($500.00) to be performed by Lessee or Lessee's agents, Lessee shall not perform such repair work without Lessor's prior written consent; which consent shall not be unreasonably withheld, delayed or conditioned. Any repairs or replacements in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00) and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. (12.3) Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond normal wear and tear of property improvements on the Leased Premises. 13. Improvements, Alterations, and Additions. Lessee shall not make or allow to be made any major alterations or physical additions in or to the Leased Premises which affect the structure or any other improvements without first obtaining the written consent of Lessor which shall not be unreasonably withheld, conditioned or delayed. All work shall be done by contractors approved by Lessor. Lessor's approval or consent shall not be unreasonably withheld, conditioned or delayed. Any alterations or physical additions in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000), and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. Any and all such alterations, physical additions, or improvements, when made to the Leased Premises by Lessee, shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to movable equipment or furniture owned by Lessee. Any Lessee improvements, alterations or additions shall comply with all government, local building code, permitting and Page 4of9 competitive bidding requirements, Lessee shall give Lessor written notice five (5) days prior to employing any laborer or contractor to perform major work on the Leased Premises so that Lessor may post a notice of non -responsibility if allowed by law. Lessee shall not be required to remove alterations, physical additions, or improvements upon termination of this Lease. 14. Utilities. Lessor will be responsible payment of the following utilities; including electric, gas, sewer, trash and water. Lessee understands that it is responsible for the proper disposal of debris in the designated trash receptacles provided by the Lessor. No trash is to be placed in front of or on the sides of the container nor should any trash be placed on top of the lids. Lessee further understands that it will be billed accordingly for not disposing of trash in the proper manner, which includes breaking down all boxes and containers prior to being placed in the trash bins as shown on Exhibit A. 15. Parking. Lessee shall have exclusive use of fourteen (14) parking spaces between the hours of 6:00 am to 7:30 am (Pacific Standard Time) and 2:00 pm to 3:00 pm (Pacific Standard Time), Monday through Sunday (shown as "General Membership Spaces" in Exhibit A). Lessee shall have exclusive use of six (6) parking spaces between the hours of 5:00 am and 6:00 pm (Pacific Standard Time), Monday through Sunday (shown as "Office Spaces" in Exhibit A). Lessee shall also have access to auxiliary parking between the hours of 6:00 am to 7:30 am (Pacific Standard Time) and 2:00 pm to 3:00 pm (Pacific Standard Time), Monday through Sunday, as shown in Exhibit C. 16. Mailings & Noticing. 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 rnail, 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, three (3) days (five (5) 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 payment, notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: To the Lessee: City Manager, City of National City 1243 National City Boulevard National City, California 91950-4397 President, International Longshore & Warehouse Union — Local No. 29 200 East 12th Street National City, California 91950 Pacific Maritime Association 555 Market Street San Francisco, California 94105 Attn: General Counsel 17. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the Leased Premises for the purpose of viewing and Page 5 of 9 ascertaining the conditions of the same and the operation and maintenance thereof. 18. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Leased Premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of Lessees, lessees, subleases, sublessees, or vendees in the Leased Premises. 19. Indemnification. Lessee agrees to indemnify, defend and hold harmless Lessor and the Community Development Commission of the City of National City from all liability, loss, cost, claims, demands, suits and defense costs (collectively "Liabilities") arising out of Lessee's failure to observe or comply with any laws in any material respect or the negligence or willful misconduct of Lessee in or about the Building or any portion thereof. Lessor agrees to indemnify, defend and hold harmless Lessee from all Liabilities arising from Lessor's failure to observe or comply with any laws in any material respect or the negligence or willful misconduct of Lessor in or about the Building or any portion thereof. 20. Lessee Insurance. Lessee shall take out and maintain, throughout the period of this Lease, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. This policy shall name Lessor the City of National City, the Community Development Commission of the City of National City, and their officers, agents, and employees as additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep any required insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of' the contract and terminate this Lease forthwith. Prior to commencement of this Lease, Lessee shall furnish Lessor certificates of insurance evidencing the insurance requirements by this clause. 21 Lessor Insurance. Lessor shall take out and maintain, throughout the period of this Lease, insurance on the Building with responsible insurers, on an "all risk" or "special form" basis, insuring the Building and the Lessee Improvements that have been installed by Lessor pursuant to the Work Letter (Exhibit B), in an amount equal to at least ninety percent (95%) of the replacement cost thereof, excluding land, foundations, footings and underground installations. Lessor may, but shall not be obligated to, carry insurance against additional perils and/or in greater amounts. Prior to commencement of this Lease, Lessor shall furnish Lessee certificates of insurance evidencing the insurance requirements by this clause. Page 6 of 9 22. Wainer. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 23. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the Leased Premises except to be of such type and color, size and style, and in such place as may be approved by Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. Any additional signage or changes to existing signage after the Commencement Date will require the Lessee to pay for and obtain all regulatory approvals (permits) for the Leased Premises. 24. Waiver of Relocation Assistance. In consideration for the execution of this Lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the Leased Premises. 25. Americans with Disabilities Act. Subject to Section 3, upon commencement of Lease with regards to Lessee's Use and Section 12 of this Lease, Lessee shall comply, at its sole cost, with requirements of ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the interior of the Leased Premises. Through the duration of the Lease, Lessor shall comply, at its sole cost, with requirements of the ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the exterior of the Leased Premises. Lessee was provided a Due Diligence Summary Report by Reyes Architects documenting ADA conditions 26. Compliance with Environmental and Other Laws. Lessee shall not engage in activities upon the Leased Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous ortoxic suboweves, materials or wastes, or any wastes regulated under any local, state or federal law; provided, normal quantities and use of those hazardous or toxic substances or materials customarily used in the conduct of general office activities, such as copier fluids and cleaning supplies, may be used and stored by Lessee at the Leased Premises. Lessee shall be, and remain for the term of this Lease, in full compliance with all applicable laws governing the use and occupancy of the Leased Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law. Lessee has been advised that no digging or excavation at the site will be authorized without appropriate environmental oversight. In addition, Lessee has been advised that this site may have been constructed with building materials that at this time are considered hazardous substances. Lessee was provided a Due Diligence Summary Report by Reyes Architects documenting hazardous materials conditions. 27. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials in buildings, structures, or other improvements upon the Leased Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. 28. Quiet Possession. Subject to Lessee's full and timely performance of all of Lessee's obligations Page 7of9 under this Lease, Lessee shall have the quiet possession of the Leased Premises throughout the Term (as the same may be extended by the Options) as against any persons or entities lawfully claiming by, through or under Lessor. 29. No Encumbrances. Lessor hereby warrants and represents that no part of the Building is subject to any mortgage, deed of trust, ground lease, underlying lease or like encumbrance affecting any part of the Building or any interest of Lessor therein ("Encumbrance") and Lessor covenants that during the Term (as the same may be extended by the Options) no part of the Leased Premises will be subject to any Encumbrance. 30. Entire Agreement, This Lease 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. 31. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength; (ii) each party has actively participated in the drafting, preparation and negotiation of this Lease; (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 Lease; (iv) each party and such party's counsel and advisors have reviewed this Lease; (v) each party has agreed to enter into this Lease following such review and the rendering of such advice; and (vi) any rule or construction to the effect that ambiguities are to he resolved against the drafting party shall not apply in the interpretation of this Lease, or any portions hereof, or any amendments hereto. 32. Attornev's Fees. In the event either party places the enforcement of this Lease, or any part thereof, or the collection of any rent due, or to become due hereunder, or recovery of the possession of the Leased Premises in the hands of an attorney, or files suit upon the same, the nonprevailing (or defaulting) party shall pay the other party's reasonable attorney's fees and court costs, in any proceeding, whether at trial, or appeal therefrom, or on any petition for review, or in bankruptcy. 33. Punitive and Consequential Damages. Notwithstanding anything herein to the contrary, in no event shall Lessor be liable to Lessee for any punitive or consequential damages or damages for loss of business by Lessee nor shall Lessee be liable to Lessor for any punitive or consequential damages or damages for loss of business by Lessor. // // ,i i/ Signature Page to Follow Page 8 of 9 IN WITNESS WHEREOF, this Lease is executed by the City of National City, pursuant to resolution authorizing the City Manager to execute the same for and on behalf of said City, and by San Diego Joint Port Labor Relations Committee. LESSOR: LESSEE City of National City San Diego Joint Port Labor Relations Committee By: Nick Inzunza, Mayor APPROVED AS TO FORM: By: George Eiser, III, City Attorney By: International Longshore & Warehouse Union Local No. 29 By: By: Pacific Maritime Association Page 9of9 By: Its: Exhibit A (Site Plan) 7/25/2006 SITE PLAN TOTAL AREA ATdi SO. FEET 7 OFFICE SPACES MARTIN LUTHER KING CENTER O O O I�0 La 0 70000000000 14 GENERAL MEMEBERSHIP SPACES 000000 PIPES I ^ I marchese + partners International Y,..ae u..... •w- n wi xvox,. Weir CONSTELLATION PROPERTY MANAGEMENT INC. PRELIMINARY TENDER PMA ILWU PROPOSED SPACE PLAN NATIONAL CITY, CALIFORNIA TorLE SITE PLAN ..n-•, I+r.,rsT 0 EXHIBIT B WORK LETTER — LESSEE IMPROVEMENTS This Work Letter is made part of that certain Lease dated as of , 2006 ("Lease") by and between City of National City ("Lessor,") and San Diego Joint Port Labor Relations Committee (comprised of the International Longshore & Warehouse Union — Local No. 29 and the Pacific Maritime Association) ("Lessee."). Capitalized terms not otherwise defmed herein shall have the meaning set forth in the Lease. 1. General Contractor. 'Lessor and Lessee acknowledge that the Lessee Improvements will be considered a "public project" under Section 20161 of the California Public Contract Code, and shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. The lowest responsible bidder shall be the agreed general contractor (the "Contractor") for the construction of the Lessee Improvements (as defmed below). Lessor shall cause Contractor to complete construction of the initial improvements to the Leased Premises in accordance with the following terms and provisions of this Exhibit B (the "Work Letter"), promptly, in a good and workmanlike manner and in compliance with all applicable laws. It is understood that the intention of both parties is that Lessor and Lessor's Contractor is to construct the Leased Premises and all of the Lessee Improvements on behalf of Lessee at no cost to Lessee. 2. Plans. (a) Conceptual Space Plans. Lessee's architect shall provide input in a timely manner to the draft space plans with the goal of completing an agreed conceptual space plan (the "Conceptual Space Plan") by no later than July 15, 2006 (the "Conceptual Space Plan Deadline"). The Conceptual Space Plans shall show the proposed improvements to be constructed in the Leased Premises. Lessee and Lessor shall respond promptly to any reasonable objections by either party to the draft space plan. (b) Final Space Plans. Lessee's architect shall provide input in a timely manner to the Conceptual Space Plan with the goal of completing an agreed final space plan (the "Final Space Plan") by no later than July 30, 2006 (the "Final Space Plan Deadline") substantially all of the improvements which Lessee desires to be constructed in the Leased Premises. Lessee and Lessor shall respond promptly to any reasonable objections by either party to the draft space plan. The Space Plans, as finally approved in writing by Lessor and Lessee, shall be referred to herein as the "Final Space Plans." (c) Permit Set / Working Drawings. On or before September 28„ 2006 (the "Final Drawing Deadline"), Lessor shall furnish to Lessee for Lessee's written approval (which shall not be unreasonably withheld, delayed or conditioned) working plans and specifications (the "Working Drawings") prepared by Lessor's Architect for substantially all of the improvements, including any proposed structural work, mechanical, electrical, plumbing or HVAC requirements, and shall contain such detail and specifications as would permit the Contractor to obtain all necessary governmental permits for construction of the improvements and to secure multiple bids from qualified contractors to perform the work and shall show improvements which substantially conform to applicable building codes and legal requirements. Lessee shall respond to the Working Drawings within five (5) working days of its receipt thereof. Lessee shall not unreasonably withhold its approval to the Working Drawings and the improvements set forth thereon. Lessor shall respond promptly to any reasonable objections of Lessee to the Working Drawings and shall resubmit appropriately revised Working Drawings prepared by Lessor's Architect within ten (10) working days of Lessor's receipt of Lessee's objections. Such resubmitted Working Drawings S545653.4 shall clearly indicate which portions of the plans remain unchanged from the previously submitted plans. Lessee shall respond to revised Working Drawings within three (3) working days of receipt thereof, unless such revised Working Drawings include material revisions to structural, mechanical, electrical, or life safety components, in which event Lessee shall respond within five (5) working days of receipt thereof. Lessee and Lessor shall reasonably collaborate and agree on commercial quality grade lighting, carpet, paint and other design and finish related details. Where there is conflict between Lessee and Lessor as to the quality of finishes to be used in constructing the Lessee Improvements the Lessee's current leased premises shall serve as a benchmark. The Working Drawings, as approved in writing by Lessee, as revised by Lessor from time to time with Lessee's written approval in accordance with the following provisions of this Work Letter, are hereinafter called the "Final Plans", and the improvements to be performed in accordance with the Final Plans are hereinafter called the "Lessee Improvements". Notwithstanding anything to the contrary contained herein, Lessor and Lessee agree that the Lessee Improvements shall include and incorporate, without limitation, each of the items specified in Schedule 1 attached hereto and incorporated herein by reference. (d) Approval. Lessee's approval of any item reviewed by Lessee under this Work Letter shall merely indicate Lessee's consent to the proposed work shown thereon, and in no event shall such consent by Lessee be deemed to constitute a representation by Lessee that the work called for therein complies with applicable building codes or other legal requirements, nor shall such consent release Lessor from Lessor's obligation to supply Working Drawings that do so substantially conform to applicable building codes and legal requirements. (e) Construction Documents. Lessor shall provide copies to Lessee of Construction Documents prepared by Lessor's Architect prior to commencing any of the works or making changes to any of the works. 3. Lessee's Representative. For the purposes of this Work Letter, Lessee's representative shall be Brian McPherson of Cole Project Management and Bryce Mason of KBM Partners or such other representative(s) designated by Lessee from time to time ("Lessee's Representatives"). 4. Cooperation. Lessor and Lessee and their respective contractors, consultants and representatives, shall communicate and cooperate with each other to the end that the Lessee Improvements are constructed in an expeditious manner, having due regard for minimizing disturbance of other Lessees and park visitors in the area. Lessor and Lessee shall cooperate with each other to resolve any space planning or other issues that are raised by applicable local, state or federal building codes during the planning, permit or construction process. Lessor shall keep Lessee informed regarding the progress of the work, and Lessor and Lessee's Representative shall hold construction meetings with frequency reasonably satisfactory to Lessee. 5. Lessor's Work. In addition to Lessor's sole responsibility for payment of all expenses related to the construction of the Final Space Plan incorporating the Demolition Work and Lessee Improvements, Lessor shall, at Lessor's sole cost and expense, perform all work necessary to cause the restroom facilities in the Leased Premises to comply with applicable laws and codes regarding handicap access and use (using Building standard plans and finishes) to the extent such work is required in connection with the Lessee Improvements (collectively, "Lessor's Work). 2 6. Construction. (a) Construction Operations Fee. Lessor acknowledges and agrees that no construction management or administration fee shall be charged by Lessor to Lessee in connection with the demolition or construction of the Lessee Improvements. (b) Preconstruction Services. Lessor shall cause Lessor's Contractor to perform the following preconstruction services: Participate in a reasonable number of construction meetings and provide to Lessee an estimated schedule for the construction of the Lessee Improvements including providing Lessee weekly updates to any schedule changes or complications related to the construction of the Lessee Improvements. Lessor shall cause Lessor's Contractor to use reasonable care in preparing these schedules and weekly updates. (c) Schedule of Values. Upon approval of the Final Plans and selection of a Contractor and approval of the schedule, and after securing all necessary permits, Lessor shall cause Contractor to provide a detailed line item schedule of values for the Lessee Improvements ("Schedule of Values"). The Schedule of Values shall include all items included in Schedule 1 attached hereto. (d) Commencement of Construction; On -going Obligations. Upon approval of the Final Plans and selection of a contractor and approval of the schedule, and after securing all necessary permits, Lessor shall cause Contractor to promptly commence and diligently pursue to completion construction of the Lessee Improvements. Lessor's Contractor shall update the project schedule weekly, and Lessee shall be provided on a weekly basis a reasonably thorough report on its progress on the Lessee Improvements showing impact to schedule and estimated impact to the anticipated completion date. 7. Changes. If Lessee shall desire any change in or to the Final Plans (a "Change"), Lessee shall submit to Lessor for Lessor's review and written request including illustrations prepared by Lessee's Architect incorporating the requested Change. Lessor shall not unreasonably withhold or delay its approval of the revised Working Drawings, provided, however, that Lessor shall have at least three (3) business days after receipt of the revised Working Drawings to review any proposed Change. If Lessor fails to approve or disapprove a requested Change which is not a Material Change within the three (3) business day period specified above, Lessor shall be deemed to have approved such proposed Change. If Lessor approves any proposed Change, then together with such approval, if practicable, and if not practicable as soon thereafter as is practicable, Lessor' Contractor shall give Lessee Lessor's estimated delay (if any) which would result from incorporating such Change. If, following Lessee's review of the estimated delays, Lessee desires Lessor to incorporate the Change into the Lessee Improvements, then Lessor and Lessee shall execute a change order for such Change on Lessor's Contractor's standard form therefore, and the term "Final Plans" shall thereafter be deemed to refer to the Working Drawings as so revised and approved. If a Change will increase the cost of an item (an "Item Change") in the Budget by more than 10%, the cost over that percentage, plus the Contractor mark-up (not to exceed 4%) shall be borne by Lessee (the "Lessee Overcharge"). If the accumulation of Item Changes increases the total Cost of the Lessee Improvements by more that 5%, Lessee shall pay the total Lessee Overcharge. The Lessee shall pay to Lessor within fourteen (14) days of payment by Lessor to Contractor for the Lessee Overcharge. 8. Substantial Completion. "Substantial Completion" of the Lessee Improvements shall be deemed to have occurred when (i) the Lessee Improvements have been completed pursuant to the Final Plans, subject only to the completion or correction of Punch List Items, and (ii) Lessor has obtained all approvals and permits from the appropriate governmental authorities required for the legal occupancy of the Leased Premises for Lessee's intended use. Punch List Items shall mean incomplete or defective work or materials in the improvements, of a nonmaterial nature, called for in the Final Plans which do not materially impair Lessee's use of the Leased Premises for the conduct of Lessee's business therein. Upon notice from Lessor that the Lessee Improvements have been Substantially Completed, Lessor and Lessee shall tour the Leased Premises and prepare a joint list of Punch List items. Lessor shall cause Lessor's Contractor to diligently pursue the Punch List Items to completion to Lessee's reasonable satisfaction, and Lessee shall reasonably cooperate with and accommodate Lessor's Contractor in connection therewith. Within one month after upon Substantial Completion of the project, Lessor shall cause Lessor's Architect to deliver to Lessee a set of "as -built" drawings for the Lessee Improvements. 9. Cost of Improvements. The cost of the construction and installation of the Lessee Improvements shall be borne entirely by Lessor, except for any Lessee Overcharge, including but no limited to; (a) Lessor shall pay the entire cost of Lessor's Work. (b) Lessor shall pay for all of the construction and installation of the Lessee Improvements. 10. Vendor Entry During Construction Period. Notwithstanding anything to the contrary in the Lease or this Work Letter, Lessee may, prior to the Substantial Completion of the Lessee Improvements, and during and in conjunction with the construction of the Lessee Improvements, permit Lessee's vendors to enter the Leased Premises for the purpose of installing telephones, electronic communication or related equipment, security or audio/visual equipment, and furniture systems and equipment. Such early access to the Leased Premises and such installation shall be permitted only to the extent that Lessor determines that such early access and installation activities will not delay Lessor's Contractor's completion of the construction of the Lessee Improvements, provided that Lessor's Contractor shall use reasonable good faith efforts to reasonably integrate the work to be completed by Lessee's Vendors into Lessor's Contractor's scheduling and planning such that the Lessee Improvements and the work to be completed by Lessee's Vendors will be completed in an efficient manner. Lessee's Vendor will be responsible for any damage Vendor during Lessee's installation activities. 11. Addresses for Notices and Deliveries. For the purposes of this Work Letter (i) notices, submittals and deliveries to Lessor shall be made to Lessor's Representative at the addresses set forth below, (ii) notices, submittals and deliveries to Lessee shall be made to Lessee's Representative at the address set forth below, and (iii) notices, submittals and deliveries to either pay may be made via facsimile transmissions with answerback confirmation at the respective facsimile numbers set forth below. Facsimile transmissions received after 6:00 P.M. shall be deemed to have been given the following business day. (a) Lessee's Representative: Cole Project Management Brian McPherson 153 Kearny Street San Francisco, CA 94108 Fax: (415) 393-8008 (b) Lessor's Representative: City of National City David Parsons 1243 National City Boulevard National City, CA 91950 Fax: (619) 336-4286 4 SCHEDULE 1 (LESSEE IMPROVEMENTS DETAIL) The following are a list of items Lessee shall receive as part of the Lessee Improvements: • All "New Construction" materials to be new and of commercial grade. • New Commercial Grade floor finishes to be installed throughout space (Carpet, VCT ETC.) All sub -flooring to be prepared to meet code and industry standards prior to the installation of any new fmishes. PMA to have input on selection of all colors. • All walls to be new construction or repaired to like new condition with smooth surface to receive new paint. • All walls to receive at least one (1) coat of primer and two (2) coats of commercial grade paint. PMA to have input on all paint colors. • Exterior lighting shall be sufficient to appropriately illuminate all parking areas and walkways. Lights to be operated on timers for illumination during all evening and early morning hours. ■ Ceiling at Great Hall to be maintained at the existing elevation at minimum (except where necessary to facilitate lighting fixtures), including the vaulted area at the front/center of the space. • All ceiling tile to be replaced with new White acoustic tile. • All existing Gypsum Board ceilings to be replaced or repaired to like new condition with smooth surface to receive paint. • All Gypsum Board ceilings to receive at lease one (1) coat of primer and two (2) coats of commercial grade ceiling paint • All exterior doors to be replaced or repaired to like new condition with operable and appropriate Code compliant locking hardware. All exterior doors should be metal and installed in hollow metal frames. • All exterior doors to be finished with Exterior Grade finish on all exterior exposures. All interior exposures should be finished to compliment the surrounding interior space. • All interior doors and frames to be new or in like new condition withappropriate code compliant locking hardware. • All interior doors to have locking hardware and be keyed to the same master pin configuration. LL to distribute 2 keys for each door and 2 master keys upon move in. • All interior doors and frames to be finished with appropriate commercial grade finish complimenting the surrounding areas. • All toilet room partitions, fixtures, and accessories to be new commercial grade. • Interior lighting to provide adequate distribution of light for standard office environment. • All interior light fixtures and lamps to be new or in like new and code compliant condition. • Power distribution — 120 v AC power to be distributed throughout the space to meet code and provide no less than 6 Watts per Rentable Square Foot power to operate standard office equipment PMA to have input on placement of all outlets. • Telephone / Data cabling distribution — Category 5e cable to be distributed throughout the space to standard complement of four (4) drops per Location to provide adequate access for installation of business computers and phones. All cable to be landed in existing Communications Room on appropriate Punch Down blocks. PMA to have input on location of all jacks. • Landlord to provide live telephone circuit at Communications room. ■ All interior and exterior windows shall be in operable condition and replaced where broken. ■ Security: o The building and windows shall be secured in an appropriate manner to resist access by vandals as reasonably agreed by PMA. o "Teller window" at Dispatch Counter to be constructed of tamper proof materials and be designed in such a way as to prevent access from the Great Hall. • HVAC- Landlord to provide adequate Heating Ventilation and Air Conditioning to reasonably support Tenants Use during the Term per the Lease. • All work to be done in a professional and workman like manner by qualified contractors. 2 City of National City, California COUNCIL AGENDA STATEMENT 21. MEETING DATE October 3, 2006 AGENDA ITEM NO. rITEM TITLE TEMPORARY USE PERMIT — Modular Trailers/Canopies located at Cornerstone Church \ of San Diego at 1920 Sweetwater Road from October 4, 2006 to March 3, 2007 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Cornerstone Church to erect Modular Trailers and Canopies at 1920 Sweetwater Road from October 4, 2006 to March 3, 2007. These trailers will be used for Children's classrooms while the church is being constructed. The canopies (six) are being used for shade, a greenroom, alter care, and congregating. There will be four canopies, between 12' x 40' and 12' by 60'. On site church security will monitor the tents and exterior facilities. 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 Peiniit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resol n No. tio 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: Cornerstone Church of San Diego EVENT: Temporary Modular Trailers/Canopies DATE OF EVENT: October 4, 2006 to March 3, 2007 TIME OF EVENT: N/A 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 [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ 1 POLICE 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. POLICE (619) 336-4400 Event does not require Police presence. Applicant will need to provide the Police Department with contact information for the on -site security personnel. Will request units to provide extra patrol of event, as available. CITY ATTORNEY l . Please have property owner provide evidence of permission for applicant to use the parking lot as requested. FIRE (619) 336-4550 1. Fire Department Permit required. Permit to be obtained through the Fire Department. Permit fee of $349:00 required at time of application. 2. California Fire Code section 3204 states: Temporary membrane structures, tents and canopies shall be used for a period of not more that 180 days within a 12-month period on a single premises. 3. Maintain Fire Department access at all times. 4. Parked vehicles or internal combustion engines shall not be located within 20 feet of tents and canopies. 5. Tents and canopies shall be composed of flame -resistant material. 6. Interior furnishings, flooring, wall coverings etc. shall be composed of flame - resistant materials. 7. 2-A:10-B:C fire extinguishers are required. Fire extinguisher to be located within the tents, canopies and modular trailers. Fire extinguisher locations to be plainly marked and accessible. 8. Modular trailers to have a minimum of two exits each. 9. Tents to have a minimum of 3 exits each with a minimum clear width of 72 inches. 10. Fenced are must have a minimum of 8 exits (clearing marked) with a minimum width of 6 feet. 11. Exit ways to be maintained in an unobstructed manner at all times. 12. Fire protection equipment, hydrahts, fire department connections, etc. shall not be block or obstructed at any time. 13. Emergency vehicle access to be maintained throughout the area and around all buildings. Minimum fire lanes to be 20 feet wide with a vertical clearance of 13 feet 6 inches. W iciu ,JUL 2 7 ZOO Type of Event: _ Public Concert Parade _ Motion Picture Fair _ Demonstration Grand Opening Festival Circus Other Community Event — Block Party G .GwPotro'1 Event Title: faUli u`O..Y '(Ya.ilevS 1 f tic-e P Event Location: l VI) 5 w +g. N-e n Yt & o or^ti l C i y) GA q 1 t co Event Date(s): From 013 to t3— of -07 Total Anticipated Attendance: 60 Month/Day/Year ( Participants) 7 Pw. l t Ow. tti ed'`te V ( Spectators) Actual Event Hours: 7 ®/pm to q amp S uvith'i1 Setup/assembly/construction Date: $-1- OG Start time: 74L-. Please describe the scope of your setup/assembly work (specific details): 1/t/-e. (.v; undekkac Covk5+YUC- o4a (tit Ova C-taorCA, bv, iclt't7Jr Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of dosing and day and time of reopening. N1 Sponsoring Organization: CC-n-trSt-oh-e GN ett, D F Sah ixQD.,, For Profit X; Not -for -Profit Chief Officer of Organization (Name) Selr , 0 e LA_ Wioxen_ Applicant(Name): &,ere o OIL WV Moires__ Address: btk Zev-ro.10 L1.4 CNut4 lX,.S# / CiA` glca/0 Daytime Phone' (k9) SZt 5.�73 Evening Phone: (615) qdi-ti373 Fax: (1,15) Contact Person "on site day of the event' Edai L P0. (ct to Pager Cellular. - 6S f �- 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? AYES NO Are admission, entry, vendor or participant fees required? _ YES j, NO If YES, please explain the purpose and provide amount(s): A $ t l $9- Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ / V Estimated Expenses for this event. $ {J'!fi 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. `-ham (for -(-a, h1-e -}-r&t'I erS a-1- (tiev-c r-e$ve-Sfi4I79 L .Q.eiV T For ax-c- b..;t19 used. Fov CO,VreaS CLSS,'oi S. (Af . a_l So rbzei a_ fierhn l}+ f ov ¥-t-.e. fe tic-e Su trvo u v d � t9 i-► e -1--em oka.vy Si-rue,kw- i Cv► k,vKi►ij JD'r. alsotov sii Cr,,,tn6P% s tv i : t„ -{-l—e 1 `ekc - -j a A- 62.v-c he 1'45 LJ S A ro►/ ,ct_i } resovrct , BNevooI.. i &l-ti.v cck.v-c,) Gt-c-ii Coti9a94_+,-)75 Itev?..s i`h5 SNwcle.. SA; I Ter14,\ + (ES NO If the event involves the sale of cars, will the cars come exclusively from National Ci. ty7-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 from the Fire Department. _ YES NO YES 4, NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: YES 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 1NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES L NO Does the event involve the use f tents or canopi e? If YES: Number of tent/canopies �� Sizes /�} NOTE: A separate Fire Department permit is required for tents or canopies. _ YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: • 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: 't\'(4- If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): N/14 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 de 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 c Trash containers with lids �- Describe your plan for clean up and removal of waste and garbage during and after the event: 1st, jou., As-tv vs az PV.e.<SFkf 0v. Profey-ty Please describe your procedures for both Crowd Control and Internal Security: &t,i tir;isl I VSLev sett,k.eS l t OU ' _ 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: 144 Security Director (Name): tAl Get- Phone: YES -NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. �r►'s c c( V'4 ctv /rxa-4e4 1-1-1roc61,1-bc+- ovv ProcA.tr+y Please describe your Accessibility Plan for access at your event by individuals with disabilities: PI se provide a detailed description of your PARKING plan: MAr Kt't45 1 h +ti-e. 1-0(4.44 C i }-e v t S stic,v-e d (,vi4-k -I-Lev- Otisincsszs t(4 �e ce thv, Please describe your plan for DISABLED PARKING. 1 k0, �Pc c s n��v�s+ k fiLc t t i A`( I.1 GL Pi()V0cup\ocii, () f &Y'Cic-c S f �! d 1 bI Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES iNO 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: Nth- Number of Bands: N Type of Music: YES ` NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES 1-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 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 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 eor(nersf-a....t CA)vct4 P)t S d i e Type of Organization CIAJVCta (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature 9 Date 1 1 0 -1- &1-E ,oh 0/ 1 0 d 1 17 7' 176" 3' Cr:7. ......... .......... 1 15' 0" L L L I --- Erta Po_2_L1 ------------------------------- ---- • --- 0 Q FI H L L L H — --- ----- - ------------ ------------ 0 e- pe10 __1 i Post A 1....._ ____ _ Courtyard Shade Structure P /3 Ea___11.EtMion Plan View 6 a ct3c br PES Date 5/01/04 Rinnelorks Date z Pr.:A.1C /I emend level Concrete 8" schedule 40 steel port Post footing detail Project Deem by-- PE$ Dab: e/e1/06 Date Project*: Architectural Shade Sails Inc 13100 Kirkham Way, Suite 210 Poway, CA92084-7128 Ph: 858-513 0081 Fax 858-513 0082 W O 7 m a P° tez Cornerstone Church of San Diego 1920 Sweetwater Road National cl14 CA91950.7028 pm. 1 F Architectural Shade Sails Inc 13100 Kirkham Way, Suite 210 Poway, CA92064.7128 Ph: 858-513 0081 Fax: 85B-513 0082 www.archshade corn 0 a 1t w, 0 5. 0 3 5 m 0 Cornerstone Church of San Diego 1920 Saatobraisc Road NMIaW OA CA 91950-7628 City of National City, California COUNCIL AGENDA STATEMENT 22 MEETING DATE October 3, 2006 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — National City Public Safety Fair hosted by the Community Services Department on October 7, 2006 at Kimball Park, PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the Community Services Department to conduct the National City Public Safety Fair at Kimball Park on October 7, 2006. This event consists of law enforcement/public safety displays, with promotional and safety materials. Two helicopters will land in the park as part of the display, and public safety vehicles will also be displayed. The NCPD will have a K-9 demonstration and the NCFD will have a vehicle extraction demonstration. This event requires the use of the City's stage, tables, and chairs. The National City Police Department will be on hand for all security surrounding the event. Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments plus $1320.00 for Public Works. Total fees: $1,665.00. If Council Policy #804 is adopted, this event qualifies as a National City sponsored event and the fees would be paid out of the non -departmental fund. Account No. Approved By: Finance Director 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 ) 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: Community Services Dept. EVENT: National City Public Safety Fair DATE OF EVENT: October 7, 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 [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: 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 Depailnient two weeks prior to the event for verification of business license numbers. FIRE (619) 336-4550 1. Emergency Access to be maintained at all times into and through the park. 2. Access to be maintained at all times to all Fire Department connections and appliances (fire hydrants, sprinkler system connections, etc.). Aircraft (helicopter(s)) on display are to have a designated landing area. NCFD to be notified in advance of the landing site and arrival time of aircraft. 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. PUBLIC WORKS Parks Division 1. The City staff will be providing the City Stage & P.A. System. 2. The cost to provide park maintenance personnel for this event is estimated to be $825.00. Facilities Division: 1. Facilities will have one custodian and the electrician available. The electrician will do the general setups and monitoring, along with helping the custodian do event setups and general housekeeping. The cost is $495.00. 2. Note that Public Works only had 30-40 tables and 100 chairs available. Unless waived by the City Council, the applicant shall pay $1320.00 for staff costs associated with this permit request. The cost was estimated as follows: Parks Division: $825.00 Facilities Division: $495.00 Total: $1320.00 List any street(s) requiring closure as a result of this event. time of closing and day and time of reopening. A Type of Event: Public Concert Parade Motion Picture X Fair _ Demonstration Grand Opening Festival Circus Other Community Event _ Block Party Event Title: CC {'Lj Pc) b jc C cCccG 'Z Event Location: VIA0 gift pq(i-� Event Date(s): From lb 13' to 10 / } Total Anticipated Attendance: Month/Day/Year ( Participants) Actual Event Hours:'\ /pm to U`- am rr ( Spectators) Setup/assembly/construction Date: IV f T Start time: t/-�M Please describe the scope of your setup/assembly work (specific details): -RA �` C " ^ia (A'` 5 c obtsClads, kL rcpkc�. \ ✓tt A9 5 , ka Zttfre1/1.4 /a a(4JS eX br i7a15 Dismantle Date: Jt J Completion Time: L am/6 ( Include street name(s), day and Sponsoring Organization: t-vC CO/MVOh Se(J:`C GS 004- For Profit Chief Officer of Organization (Name) Not -for Profit Applicant (Name): SvSC..II\ot Address: NO \ a Daytime Phone: (Vic() 33C)- 3Evening Phone: ( ) Fax (,)7) 3(49 Contact Person on site" day of the event. Pager/Cellular ((o\h)_ Yj Z c1 3 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): DIES NO - YES 14,NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. �+c c Q s Q ' ah 5 e4 117cci l ata) evi i)0 (cC l ej1 l LA0U C a -G4( Gi c r C S p rfr� 640 ' o vi J 1 k Qct(K SeSe J.e_55G s t 4t,z5Q( ec@ srytikA IBC Pb W ; tnat) a, c7\5-r- a t JJ C Fb Ho.) (:= fu6ies cart r�s i 0)O s hs • iES 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 from the Fire Department. _ YES oc0 kYES NO YESNO 'L_YES _ NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: © / ,tA`T-ti-t- I C'Oe2 Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. IA p f4-,2K YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: /j Please describe your procedures for both Crowd Control and Internal Security: _ YES Y 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: O 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. Aiv ITO J i` FVs-E `Pease describe your Accessibility Plan for access at your event by individuals with disabilities: /i 5 a CCc 5 1 Le- - Please provide a detailed description of your PARKING plan: + Par, o Please describe your plan for DISABLED PARKING: _5� �� 1,1.41.ack Please describe your plans to notify all residents, businesses and churches impacted by the event: M fed LPte2 ►tit(0c4Ie Pao Ce-Sedej5 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ES _ 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: f k P' e Number of Bands: $YES NO Will sound amplification be used? If YES, please indicate: Start time: VC) 0/pm Finish Time am/e YES ihNO 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 YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: For Office 'Use On[y Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Denartment 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. l\ c_ C7n'lMOY 411'ffBUGS f Person in Charge of Activity vja44D1 P-e%O`O Address l`-k.O 2. SA- - C / C A - °119 S D Telephone c,Awl 23-0 Date(s) of Use (Oe,4— - 0-10O O Organization 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 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 C-0064 1015y ii(C S O-PT Type of Organization Sv©UI rr (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) -No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 23 ITEM TITLE TEMPORARY USE PERMIT — Fabulous 50's event hosted by the Sweetwater Crossings Merchants Association on October 28, 2006 from 11 a.m to 3 p.m. at the Sweetwater Crossings Shopping Center with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the Sweetwater Crossings Merchants Association to conduct the Fabulous 50's event at the Sweetwater Crossings Shopping Center on October 28, 2006. The event is scheduled to start at 11 a.m. and conclude at 3 p.m. Entertainment for the event will include a halloween costume contest, face painting, a hula hoop competition and a vintage auto show. A live band will play between 1 p.m. and 3 1 p.m. Sweetwater merchants will provide crowd control as well as help with organization of the free event. 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. 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 ) 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: Sweetwater Crossing Merchants Association EVENT: Fabulous 50's DATE OF EVENT: October 28, 2006 TIME OF EVENT: 11:00 a.m. to 3 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 [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] 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. FIRE (619) 336-4550 1. Minimum of three 2A:10BC fire extinguishers will be required. Travel distance to fire extinguishers not to exceed 75 feet. 2. Emergency access to be maintained clear of all obstructions and obstacles at all times. Minimum clear width to be maintained at 20 feet with a clear vertical clearance of 13 feet 6 inches. 3. Fire protection equipment, fire hydrants, fire department connection, etc. shall not be block or obstructed at any time. 4. Exitways to be maintained in an unobstructed manner at all times. Exitway to be clear of all obstruction for its entire width and length. Aisle widths not to be less than 44 inches wide. POLICE (619) 336-4210 Event does not require police presence. Applicant will need to provide the Police Department with contact information for the on -site security personnel. Will request units to provide extra patrol of event, as available. Type of Event: _ Public Concert Parade _ Motion Picture Event Title: _ Fair Festival Demonstration Circus _ Grand Opening Other _ Community Event Party S" Event Location: _. t 'k-Cro `ncS S�r 1�' nc Cetr k Event Date(s): From Ia 2g 4 to Total Anticipated Attendance: °`d 5u360 ...I Month/Day/Ysar ( IOC)Participants) tom- GI o Actual Event Hours: MOO am/pm to 3,'oO am/pm ( ZOO Spectators) o W t a Setup/assembly/construction Date: I01a7"04 Start time: I60.CORn - ittiesTin a V = LI W Please describe the scope of your setup/assembly work (specific details): a zQ 9 °C co 2 Wet t\ tb ©. arseLL Lt. ere -one 1kattoPpr OsIM--e-5+ ama . On shcu) w \\ \-4e. Oei e, Dismantle Date: 16-2filDta Completion Time: 4. 0C) am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: SLOCe (,4xd—e f` R-S M. o Profit )C Not -for -Profit Chief Officer of Organization (Name) Applicant (Name): Gffie4r i arapc- Address: t7a_D su�/E�' er ' I�f �Q*thr l @X{y 04• q1Y) Daytime Phone: (t l L ! /�7� W r"4Evening Phone: (Coll 475V/S Fax: ( ) Contact Person "on site" day of the event: CAL Rip6 fzal 6 a r6A Pager/Cellular: CD q lD - - 9 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 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): $ v Estimated Gross Receipts including ticket, product and sponsorship sales from this event. pU $ M. 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 abo t the event. fie` tt >d in 0 I\ (3t.m .wt.th,0 akt et tir ',,; L ieh:7a'sa614.. oPt0i4rthikil i j [LL) cvcie le Oirizu1 r, ,o — 3e ,6 ociAz_ ow, ,pipe,a, , &act tbue 1.6)-7 a/ri iii at 31;00 pm a 0,0 -lo (A iLle..-/70 4,Q_ , JkiA"A ,.1 nut (Al' vi.,-1,-0 ,,Qyati -(0 4-k ,61-vuo,,,yLA-6/w/ c n n National City car dealers? If NO, list any additional dealers involved in the sale: YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: _ YES 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 ✓J NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > 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: 6 4" 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 al (4,0�:1 iai„t./D Fencing, barriers and/or barricades L°il u ovOQs, f U Yusv4wr- i l4 int- �1.I ) > 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 X 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: 4 Describe your plan for clean-up and removal of waste and garbage during and after the event: A4h )10,77idoWkv-Wt., 441,2.4e1w401-4t (f,44-&• fie, - a 4 > ,cue 1 � �� ,""- Please describe your procedures for both Crowd Control and Internal Security: .,41,7 COW bin& (AL& ./64,0Y\ 114/1(4 We v 61404 etyie ohiduk pin-yococo YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: P se mdic a what arra emenyou av m i fir providin irs Aid Staffin nd Equip PIimscribe o r Accessibility acces s your LIndvdls i h isabitities:, I , Aut gte.& J eiusa,etkasl, E LAI (.or , Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: ve I! 1, i ;3zit` (L 1Pm-- Please describe your plans to notify all residents, businesses and churches impacted by the event: otq- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled In the City parks. YES _ NO ,a0PM YYES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: 1 V- tJ� Type of Music: � +A" 5015 'd b 1' "l td$ yyll (DCC(. � ¢���' V �nv b 3 la- a itC CA,w, -- l2J 3O ,(910or\ � �- Will sound amplification be used? If YES, please indicate:a Start time: (((l00 -12-1/5C) am/pm Finish Time ('M t^m V3f m/pm ncev, YES ,NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES ,.NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: ,YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: r2 J L Al '2Lit-e. rYlduri Revised 10/3/01 1dYt o 1cq 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Ap• oval Council Meeting Date: Approved: Yes No Vote: 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesti g use of City property, facilities or personnel are -required to provide a minimu of $1,000,000 combined single limit insurance for bodily injury and props damage which includes the City, its officials, agents and employees named s additional insured and to sign the Had Harmless Agreement. Certific to of insurance must be attached to this permit. Organization j i l Person in Charge of A tivity 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 For Office Use Only Certificate of Insurance Approved Date', Date 7 RES IESTFOR N VilAIVER"QE: 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? /t Yes (proceed to Question 2) No (Please sign the form andssubmit 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 f the spon ring orgaiiizyation lJ g 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) KNo (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? �` p� Yes (Please provide an explanation and details. I�/ P J ro' cc1 to Question 8 i 'r 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. 7e 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. XNo (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: K No (P lease sign the form and submit it with the TUP Application) 9 L .a .,A., Am W V SZl2uvA < ImmaIsfr IAA l C A 0 /.A.a W E E T W A T 0` E iAA� - RESUME 1R AMA YCT.. Yti.1E OAP la PtMY MIT TOTAL ATE A4A ub.Am AI rr flsao.A EL Sem as Mali �. an. sea Anrt+CSINo a moles 11 y4C,4CC IAtlq a fA4 E_.4 11.11:\® MOP TIMM MO AM ME MAMMA IMME AM NAM AM. MA YAY AO PT. 414 An R. TOM NM MA. I 24o 4CO SITE Min PLAN ST4TE 0 t,7E ; SWEETWATER TOWN & COUNTRY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 24 ITEM TITLE TEMPORARY USE PERMIT— Lunch with Santa hosted by the Sweetwater Crossing Merchants Association on December 9, 2006 at Sweetwater Crossings Shopping Center from 11:00 a.m. to 2 p.m. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the Sweetwater Crossing Merchants Association to conduct the Lunch with Santa event at the Sweetwater Crossings Shopping Center on December 9, 2006. This yearly event includes face painting, gifts for the children, a pony ride and a clown for entertainment. Santa will arrive at 11:45 a.m. and the children in attendance will eat lunch with him. One canopy sized 30' x 30' will be used in the parking facility. Crowd control will be provided by the merchants within Sweetwater Crossings. 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 ) 7L) Resolution 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: Sweetwater Crossing Merchants Association EVENT: Lunch with Santa DATE OF EVENT: December 9, 2006 TIME OF EVENT: 11 a.m. to 2 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ 1 ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: 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 fees are $349.00. Fees can only be waived by the City Council. 2. Vehicles are not to be parked within 20 feet of canopies or tents. 3. Fuel powered equipment to be maintained at a minimum distance of twenty (20) feet from tents and or canopies. 4. Minimum of two 2A:10BC fire extinguishers will be required for the 30x30 canopy. 5. Emergency access to be maintained clear of all obstructions and obstacles at all times. Minimum clear width to be maintained at 20 feet with a clear vertical clearance of 13 feet 6 inches. 6. Fire protection equipment (fire hydrants, fire department connection, etc.) to be clear of any and all obstructions or obstacles at all times. 7. Exitways to be maintained in an unobstructed manner at all times. Exitway to be clear of all obstniction for its entire width and length. Aisle widths not to be less than 44 inches wide. 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. POLICE 619-336-4400 Event does not require police presence. Applicant will need to provide the Police Department with contact information for the on -site security personnel. Will request units to provide extra patrol of event, as available. Type of Event: _ Public Concert _ Fair _ Parade Demonstration _ Circus _ Blo Party _ Motion Picture _ Grand Opening ,Other 046,(, �} Ltryt,� Event Title: Event Location: _sit Event Date(s): From :, ',to ` Total Anticipated Attendance: w o ��-`%()�pMontlVDay/Yearr («Participants) _> N V Actual Event Hours: IOW am/pm to a� am/p Spectators) -, o0 oW co 4t) CD 1 zW d= p m (/�, °C 2 iW o C . (l(.l.Q IQ .524- can. I -�-� — o Dismantle Date: ioi-4-°4 Completion Time: 5, 00 am/pin 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. Festival Community Event cvcttk, Sew Nebo Setup/assembly/construction Date: (a- -° 'Start time: ii0911 Please describe the scope of your setup/assembly work (specific details): ky,g_ Sponsoring Organization: Chief Officer of Organizaf n (Name) �� Nor-ror-rrotit Applicant l(Nname): Address: 6 /c2- ��// RI/ JUL& �J(l ,l�Jl— (4 Daytime Phone:4 )g7Y'M� Evening Pho Contact Person "on site" day of the event: 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? % YES _ NO Are admission, entry, vendor or participant fees required? RYES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ A,O LOB 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 pthatio 7.70 bout the eve 4G, r.t, c� 11,00crt- we _ wax (topeacrocits)10.66t(AL brktiAbi_Tciefi aut, hmo,JA 5aAtta, wok cttiti +0 a4,1\ duick c o.Q, 09,E ha l.. q obeirt oteta 4 eiraAwit,-o I k dU mick Gt dui. ?(,tic up a, Gnu Adv_ &N C A-k �I . � ILL L .t t;mew mk.Pa. )ale ► tb-1 go,t) 4 to Gq,Q i1.Q41 pale vv\) q Ovhdk Lo -86pt2-5 pleo Ceb2 (5-u-l- Ag0-60/1,144sqe4-0, aedltrs ( it IVU, lis[ dflY au6liWfla Dealers Involveo ih Elie sale: 2 YES . NO Does the event involve the sale or use of alcoholic beverages? — YES Will items or services be sold at the event? If yes, please describe: YES ! `NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. AYES — NO Does the event involve the us of tents or canopies? If Y S: Number of tent/canopies Sizes ©)(30 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: X A ➢ 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) l5 '�' Tables and Chairs Fencing, barriers and/or barricades�Q�2.Uk) la-4- 5-A ./eu-a-1 1 L) &ALIA'1;2 °Cil-r` Generator locations and/or source of electricity Canopies or tent locations (include tentjpanopy dimensions) 30)c30 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.) 4Number of trash cans: _ ' ' Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 0&-itituv g-c:cc wioAd w ,ct o °l ie A• Please describe your procedures for both Crowd Control and Internal Securi 624436 _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: YES Security Director (Name): Phone: O Is this a night event? If YES, please state how the event and surrounding area ill be illuminated...to e ure of of a icipa an spectators* �Fe pulyvteZ4N Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: N/g- P ase (vri— e a 1 ail d de cription pf,your P Gnpian: 1 (61,i A L Please describe your plan for DISABLED PARKING: (A- AAA, N.Q.) `.D 71 eOn n _Pima*b `h 4�% qti12.; -e- C1vt . fA,6y Loca- cilia -vn±2- '&o 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 10(A- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _YES ! NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm —YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: — YES �NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: 0(0/yazz, 44a, • Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT 'Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims; demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title For Office Use Only Date Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form andsubmit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then pro eed to Question 3. c Name of the pon r' , g o a ization V �f/,2 �t%i 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) XNo (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. �/ 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: ) No (P lease sign the form and submit it with the TUP Application) Signature tk.j4 ice( Date 9 RESUME aa.a SLCIIrsu TOW( me •y -IA acre. aem.• 1Tt mtpp.V, pampa ncra.. aercN• net 1•!Ma101.4.3 ..Spa 41p 7ili1 W R. 31315 AO. W AWE LIM= It rt. aaAAO ar• mFE as m n+l,$ 24W-ft rr yyU14 fX' fa CMS mess 1l tW IN I1® meti"v.... fn.rmg art. re1W'f 1•m• ty Iwo s.a apyya loft S$y. Mot m, �lil.l.m 1.1 = a .wart nlumrt. SITE PLAN STATE SWEETWATER TOWN & COUNTRY • J / L >STAFF RECOMMENDATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 25 / ITEM TITLE PREPARED BY Request to Use the Martin Luther King, Jr. Community Center by the National City Chamber of Commerce for their Annual "Salute to Navy Luncheon" on Wednesday, October 11, 2006 Leslie Deese DEPARTMENT Community Services Phone: (619) 336-4242 EXPLANATION The National City Chamber of Commerce is requesting use of the North and South Rooms and Kitchen of the Martin Luther King, Jr. Community Center for their 50th Annual "Salute to Navy Luncheon" on Wednesday, October 11, 2006 from 9:00 a.m. until 3:00 p.m. Approximately 270 military and civilian guests will be attending. Costs: Building Use Fee: $ 50.00 Cleaning Deposit: $ 100.00 Kitchen Deposit: $ 60.00 Hall Fee $ 703.56 Kitchen $ 60.00 Custodial: $ 264.00 Total $1,237.56 Waiver of fees is also being requested, which requires City Council approval. This is an acceptable category of use according to the City Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center" and as a City co -sponsored event in accordance with tha proposed Council Policy for "City Support for Special Events," Item on tonight's Council agenda. 1 Environmental Review X / N/A Financial Statement Loss of $1,237.56 if waiver of fees is approved and proposed City Council Policy is not adopted. If Council Policy #804 is adopted, this event qualifies as a National City co -sponsored event and the fees would be paid out of the non -departmental fund. Account No. Staff recommends the City Council approve the use of the Community Center as a City co -sponsored event and in accordance with the proposed City Council Policy referenced above, would qualify to have the fees paid out of the non -departmental fund. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter dated September 13, 2006 from the Chamber of Commerce Resolution No. A-200 (9/80) SEP 1 3 2006 Business: 619 477-9339 COMMUNITY SERVICES DEPT. Fax: 619 477-5018 NATIONAL CITY, CA E-mail: thechamber@nationalcitychamber,org Web site: www.nationalcitychamber.org September 13, 2006 Leslie Deese, Director Community Services Department City of National City 1243 National City Blvd. National City, A 91950 Dear Leslie: RECEIVED 901 National City Boulevard National City, CA 91950-3203 Attached is the application for use of the MLK Community Center to hold the 50th Annual Salute to Navy Birthday Luncheon on Wednesday, October 11, 2006. We expect about 270 guests to attend this joint City and Chamber event. This year's speaker is Rear Admiral Brian G. Brannman, Commander, Navy Medical West/Naval Medical Center San Diego. Admiral Brannman was bom in National City and enlisted in the Navy as a hospital corpsman. We are proud that he will be the City's guest. Since this is National City's Salute to Navy and a joint event with the City of National City, we request a waiver of fees. Carolyn A. Kruse Executive Director City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-429' Fax (619) 336-429- After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle Martin Luther King 3r. Buildin o • • ou' ' oom Entire Facility ro ((C(i ficor, , Kimball Senior Center ( 0„ ' atilt p ob tr Casa De Salud Date(s) of Use: QP. t Q 0 C Time of Use: From: -i At /PM To: 0 AM— INCLUDE SET-UP & CLEAN-UP TIME Day(s) of Use: WI. n tJ a 7 Type of Function/Activity: \ U c Name & Address of Organization/Group: Non-profit organization: nnye no Anticipated Maximum Attendance: c " 1 0 Will Admission be charged? )tJ Amount $ 0 Equipment Requested: ‘).fl (> # of chairs ✓ Podium/Microphone Use of Kitchen: X Yes Is the event open to the public? )/f'Jr TaxID# S--1033 1.3.5 Percentage of National City Residents Will this be a Fund Raising Event? rt # of banquet tables ''"'I Stage **PLEASE ATTACH SEATING DIAGRAM ** No Use of Gas for Range and Oven: ){Yes No Is the Use of Alcohol Requested? n 'C Will other paid services be used (i.e., commercial caterer, D3, Band, etc)? \ YES NO 1 /3 Eas (c\i r� Name: -Lr . ? \r 1 � \ti Name: Phone: Phone: r -' How many times in the last twelve months have you requested to use a City Facility? Y It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations goveming said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED: PRINT NAME: SIGNATURE: ADDRESS OF APPLICANT: q t e j b ^ , �,�y {� ) iy tj CITY, STATE, and ZIP CODE: f9. C S l PHONE: DAY -11 _ c i 33 EVENING ZC' 3 6 6 ) EMAIL: °�� t, 4� 1 n c' l ty U r ) FAX NUMBER: Please type or print clearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. CONTACT PERSON ON THE DAY OF THE EVENT: Cc' HOME PHONE: (V) tn-G" CELL: ( ) Community Services State Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/Key Returned: Check Key Issued: YES NO 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 include 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: �� 10�c) i � �r�y f (p m thf P Gl Person in charge of activity: C e r ' t Address: a\ C 1 y 1 v Telephone: -r n— 3 E-Mail: �� r D\j., N t� 1 �n e T City Facilities and/or property requested: C ^< Date(s) of use: 0 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages 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 to the activity taken under the permit by the permitee or its agents, employees or contractors. z arm P Signature of Applicant Official Time Date Certificate of Insurance Approved by Name and Title ors Safety/ Security Please describe your procedures for crowd control and internal security: oli q iTh1,\ YES y 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: Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: q c. L\-, W i 1\ u o syC e-,,r to ckvi-kp Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: 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: 6 0 ---\ :ZI.J3D--D s / 2. --1-3 /2: / 2 /2. s 19-4 0 rf City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 26 / ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO� THE PERIOD OF 09/06/06 THROUGH 09/20/06 OF $777,885 Marilyn Adrianzen PREPARED BY Senior Accountant 619-336-4391 EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Financial Statement Approved by: 14 Tess Lind y o, Finance Director Tt Total expenditures for the period of 09/06/06 THROUGH 09/20/06 amount to $777,885. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 09/06/06 through 09/20/06 A-200 (9/80) FOR MEETING OF OCTOBER 3, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 09/06/06.09/20/06 BDS ENGINEERING, INC. CORPORATE EXPRESS INC EDAW, INC. GE CAPITAL GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES HUNTER'S NURSERY, INC JOHN DEERE LANDSCAPES LAW OFFICE OF DON DETISCH MBIA MUNISERVICES COMPANY NEW CITY AMERICA, INC. NEXTEL COMMUNICATIONS OPPER & VARCO LLP PITNEY BOWES SAN DIEGO CLIPPING SERVICE SAN DIEGO COUNTY OFFICE OF ED SAN DIEGO GAS & ELECTRIC SCS ENGINEERS SOUTHWESTERN COMMUNITY COLLEGE STATE COMPENSATION INSURANCE THE STAR NEWS CONSTRUCTION COMMUNICATIONS COOPER'S PLUMBING & HEATING CORPORATE EXPRESS INC DEL VAL.I.F, XAVIER ESTRADA LAND PLANNING FEDERAL EXPRESS KEYSER MARSTON ASSOCIATES, INC ADRIANZEN, MARILYN MCKENNA LONG & ALDRIDGE NATIONAL CONSTRUCTION RENTALS PITNEY BOWES SAN DIEGO COUNTY RECORDER SWEETWATER AUTHORITY THE STAR NEWS CDBG COMMUNITY YOUTH ATHLETICS MAAC PROJECT QUINTERO, LETICIA NUTRITION FINANCIAL INDEMNITY COMPANY SMART & FINAL SECTtIiIN HOUSING ASSISTANCE PAYMENTS CORPORATE EXPRESS INC GMAC MORTGAGE NATIONAL CITY COLLABORATIVE NATIONAL CREDIT REPORTING PITNEY BOWES RETENTION BASIN ANALYSIS -HOTEL SITE (MARINA) CDC OFFICE SUPPLIES PROFESSIONAL SERVICES FOR WESTSIDE SPEC PLAN CDC COPIER LEASE FOR 09/06 PROFESSIONAL SERVICES FOR PARK VILLAGE PROFESSIONAL SERVICES FOR 23RD ST IMPROVEMENTS TREES & SOIL AT HIGHLAND AVENUE TREES & SOIL AT HIGHLAND AVENUE PROFESSIONAL SERVICES FOR VARIOUS PROJECTS CONSULTING SERVICES FOR 07/06 PROFESSIONAL SERVICES FOR HABA FOR 08/06 CDC MOBILE PHONE FINAL BILLING PROFESSIONAL SERVICES FOR VARIOUS PROJECTS POSTAGE METER LEASE FEES FOR 8/06 & 9/06 CDC CUPPING SERVICE THRU 09/02/06 SD COUNTY OFFICE EDUC PASS THRU FY 2006 UTILITIES AT 921 A AVE THRU 08/16/06 PROFESSIONAL SERVICES FOR VARIOUS PROJECTS SWCC PASS THRU FY 2006 EMPLOYEES WORKERS COMPENSATION FOR 08/06 PUBLIC NOTICE PLAQUE PARTICIPATION FEE PROFESSIONAL SERVICES AT 923 A AVE CDC OFFICE SUPPLIES EDUCATION REIMBURSEMENT PROFESSIONAL SERVICES FOR THE MEDIANS COURIER/POSTAGE CHARGES PROFESSIONAL SERVICES FOR VARIOUS PROJECTS REIMBURSEMENT FOR CRA CONFERENCE PROFESSIONAL SERVICES FOR STADIUM PROJECT EQUIPMENT RENTAL AT CLEVELAND AVENUE POSTAGE METER -PURCHASE POWER ANNUAL ACCESS FEE RECORDING FEES FOR RECONVEYANCE-REHAB LOANS UTILITIES AT 500 E. PLAZA BLVD PUBLIC NOTICE SUBTOTAL - CDC: CDBG REIMBURSEMENT FOR 08/06 FY 06-07 CDBG REIMBURSEMENT-FY03/04-OFFICE RENOV. (HUD#458) TRAVEL EXPENSE FOR CDBG-SUBRECIPIENT MGT SUBTOTAL - CDBG: NCNP AUTO INSURANCE NCNP CATERING SUBTOTAL - NUTRITION: TOTAL -GENERAL FUND: MANUAL PAYMENTS CDC OFFICE SUPPLIES S8 OFFICE RENTAL FOR 09/06 S8 FSS ADMIN FOR 08/06 S8 BACKGROUND CHECK FOR 08/06 POSTAGE METER LEASE FEES FOR 8/06 & 9/06 16414 16416 16417 16419 16420 16421 16422 16423 16424 16426 16427 16428 16429 16430 16432 16433 16434 16435 16437 16438 16439 16440 16441 16442 16443 16444 16445 16446 16447 16448 16449 16450 16451 16452 16453 16415 16425 16431 16418 16436 10260 10261 10262 10263 10264 $1,056.00 141.16 930.00 228.60 880.65 10,013.00 537.07 277.09 6,872.47 8,580.69 1,774.38 46.81 8,966.24 350.00 60.75 255,918.00 86.07 14,298.96 233,159.00 4,057.37 146.07 195.00 1,850.00 79.43 425.00 1,435.54 105.15 7,564.13 1,781.22 612.00 87.00 20.00 147.00 85.62 82.00 $562,849.47 $1,666.67 8,080.97 390.96 $10,138.60 $98.58 24.18 $122.76 $16,163.04 32.95 3,527.50 4,404.76 268.50 350.00 Payee STATE COMPENSATION INSURANCE VERIZON WIRELESS XEROX CORPORATION PITNEY BOWES PAYROLL PAYROLL FOR MEETING OF OCTOBER 3, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 09/06/06.09/20/06 Description Chk No Amount EMPLOYEES WORKERS COMP FOR 08/06 10265 836.70 S8 MOBILE PHONE CHARGES FOR 08/06 10266 126.91 S8 COPIER LEASE FOR 08/06 10267 435.15 POSTAGE METER -PURCHASE POWER ANNUAL ACCESS FEE 10268 19.99 TOTAL - SECTION 8: $26,165.50 PPE 08/28/06 PPE 09/11/06 TOTAL - ADMINISTRATIVE REVOLVING FUND: $89,660.79 88,947.86 $178,608.65 TOTAL OF ALL FUNDS: $777,884.98 2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 3. 2006 AGENDA ITEM NO. 27 / ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AGREEMENTS WITH FALKENBERG/GILLIAM & ASSOCIATES FOR THE MANAGEMENT OF MORGAN AND KIMBALL TOWERS PREPARED BY George H. Eiser, III f) DEPARTMENT City Attorney Ext. 4221 EXPLANATION For many years, Falkenberg/Gilliam & Associates have managed Morgan and Kimball Towers. The current agreements between Falkenberg/Gilliam and the CDC to perfom these services expires on October 3, 3006. The proposed resoltuion would extend those agreements on a month -to -month basis. Environmental Review N/A Financial Statement Falkenberg/Gilliam & Associates receives compensation based on a percentage of gross collections from the Rental Agency Account. Account No STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Resolution Agreements A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE MANAGEMENT AGREEMENTS WITH FALKENBERG/GILLIAM & ASSOCIATES FOR THE MANAGEMENT OF MORGAN AND KIMBALL TOWERS WHEREAS, the Community Development Commission (CDC) entered into separate management agreements in 1999 with Falkenberg/Gilliam & Associates for the management of Kimball Tower and Morgan Tower; and 3, 2006; and WHEREAS, the terms of the current management agreements expire on October WHEREAS, the CDC desires to contract with Falkenberg/Gilliam & Associates for the management of Kimball Tower and Morgan Tower on a month -to -month basis. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute Management Agreements with Falkenberg/Gilliam & Associates for the management of Kimball Tower and Morgan Tower. Said Agreements is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of September, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel KIMBALL TOWER MANAGEMENT AGREEMENT This Agreement is made this 3rd day of October, 2006, .between the Community Development Commission of the City of National City (owner) hereinafter referred to as "CDC" and Falkenberg/Gilliam & Associates, Inc. hereinafter referred to as "Contractor". 1. Definitions As used in this Agreement: a. "Contractor" is Falkenberg/Gilliam & Associates, Inc.. b. Community Development Commission of the City of National City ("CDC") is Owner. c. "Principal Parties" means the CDC and the Contractor. d. "Consenting Parties" means the Secretary and the Mortgagee. e. "Reimbursable Expense" means any expenditure incurred by the Contractor, which shall be reimbursed to the Contractor from the Rental Agency Account. f. "Rental Agency Account" means the account described in Section 13. 2. Appointment and Acceptance. The CDC appoints the Contractor as exclusive representative for the management of the property described in Section 8 of this Agreement; and, the Contractor accepts the appointment, subject to the terms and conditions set forth in this Agreement 3. 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 ventures with one another. 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 as the Contractor may deem necessary for the proper and efficient performance of this Agreement. 4. 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, and 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. Page 1 of 14 Kimball Tower Management Agreement 1 5. Contractor referred to as Agent. Not withstanding Contractor's status as an independent contractor, the parties acknowledge that in its dealings with agencies of the federal government, Contractor may from time to time be referred to as the "Agent" of the CDC 6. Compliance with Applicable Law. The Contractor, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. The Contractor, and its subcontractors, shall obtain a current City of National City business license prior to performing any work within the City. 7. Non -Discrimination Provisions. The Contractor will 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 totheir 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. 8. Description of Project. This property ("Project") to be managed by the Contractor under this Agreement is a .housing development consisting of the land, building, and other improvements that made up the Project further described as follows: Kimball Tower 1317 "D" Avenue City of National City, County of San Diego, State of California Consisting of 151 dwelling units 9. Management Plan. Attached hereto as Exhibit "A" and incorporated herein, is a copy of the Management Plan for the Project, which provides a comprehensive and detailed description of the policies and procedures to be followed in the management of the Project. In many of its provisions, this Agreement briefly defines the nature of the Contractor's obligations, with the intention that reference be made to the Management Plan for more detailed policies and procedures. Accordingly, the CDC and the Contractor will comply with all applicable provisions of the Management Plan, regardless of whether specific reference is made thereto in any particular provision of this Agreement. 10. Basic Information. The CDC has furnished the Agent with complete set of plans and specifications and copies of all guaranties and warranties pertinent to construction, Pa6, 0 1^+ Kimo&il mower Management Agreement fixtures, and equipment. With the aid of this information and through inspection by competent personnel, the Agent will thoroughly familiarize itself with the character, location, construction, layout, plan and operation of the Project, and especially the electrical, heating, plumbing, air-conditioning and ventilating systems, the elevators, and all other mechanical equipment. 11. Marketing. The Contractor will carry out the marketing activities prescribed in the Management Plan, observing all requirements of the Affirmative Marketing Plan. Advertising expenses will be paid out of the Rental Agency Account as Project expenses. 12. Rentals. The Contractor will offer for rent and will rent the dwelling units, and other rental facilities and concessions in the Project. Incident thereto, the following provisions will apply: a. The Contractor will follow the Tenant Selection Policy attached to the Management Plan. b. The Contractor will show the premises to prospective tenants. c. The Contractor will take and process applications for rentals. If an application is rejected, the applicant will be told the reason for rejection; and, the rejected application, with reason for rejection noted thereon, will be kept on file for one (1) year. A current list of prospective tenants will be maintained. d. The Contractor will prepare all dwelling leases and parking permits, and will execute the same in its name, identified thereon as representative for the CDC. Dwelling leases will be in a form approved by the CDC, but individual dwelling leases and parking permits need not be submitted for the approval of the CDC or the Secretary. e. The CDC will furnish the Contractor with rent schedules, as from time to time approved by the Secretary, showing fair -market rents, basic rents for dwelling units, and other charges for facilities and services. In no event will such fair - market rents and other charges be exceeded. Eligibility for dwelling rents that are less than such fair -market rents, and the amount of such lesser rents, will be determined in accordance with the requirements established by the CDC. f. The Contractor will counsel all prospective tenants regarding eligibility for dwelling rents that are less than fair market rents and will prepare and verify eligibility certifications and recertifications in accordance with the requirements established by the CDC. g. The Contractor will collect, deposit, and disburse security deposits, if required, in accordance with the terms of each tenant's lease. The amount of each security deposit will be as specified in the Management Plan. Security deposits will be Page 3 of 14 Kimball Tower Management Agreement 3 deposited by the Contractor in an account, separate from all other accounts and funds, with a bank or other financial institution whose deposits are insured by an agency of the United States Government. This account will be carried in the CDC's name and designated of record as "Kimball Tower Security Deposit Account". 13. Collection of Rents and other Receipts. The Contractor will collect when due all rents, charges and other amounts receivable on the CDC's account in connection with the management and operation of the Project. Such receipts (except tenant's security deposits, which will be handled as specified in Subsection 12(g) above) will be deposited in an account, separate from all other accounts and funds, with a bank whose deposits are insured by the Federal Deposit Corporation. This account will be carried in the CDC's name and designated of record as "Kimball Tower Rental Agency Account". 14. Enforcement of Leases. The Contractor will secure full compliance by each tenant with the terms of the lease. Voluntary compliance will be emphasized; and, the Contractor, utilizing the services of the Social Services Director when available, will counsel tenants and make referrals to community agencies in cases of financial hardship or under other circumstances deemed appropriate by the Contractor, to the end that involuntary termination of tenancies may be avoided to the maximum extent consistent with sound management of the Project. Nevertheless, and subject to the pertinent procedures prescribed in the Management Plan, the Contractor may lawfully terminate any tenancy when, in the contractor's judgment, sufficient cause (including, but not limited to, non- payment of rent) for such termination occurs under the terms of the tenant's lease. For this purpose, the contractor is authorized to consult with legal counsel to be designated by the CDC, to bring actions for eviction and to execute notices to vacate and judicial pleadings incident to such actions; provided, however, the Contractor keeps the CDC informed of such actions and follows such instructions as the CDC's written approval, attorney fees and other necessary costs incurred in connection with such actions will be paid out of the Rental Agency Account as Project Expenses. 15. Maintenance and Repair. The Contractor will maintain the Project in good repair in accordance with the Management Plan and local codes, and in a condition at all times acceptable to the CDC, including but not limited to cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair work as may be necessary, subject to any limitations imposed by the CDC in addition to those contained herein. Incident thereto, the following provisions will apply: a. Special attention will be given to preventative maintenance and, to the greatest extent feasible, the services of regular maintenance employees will be used. b. Subject to the CDC's prior written approval, the Contractor will contract with qualified independent contractors for the maintenance and repair of HVAC Page 4 of 14 Kimball Tower Management Agreement systems and elevators, and for extraordinary repairs beyond the capability of regular maintenance employees. c. The Contractor will systematically and promptly receive and investigate all service requests from tenants, take such action thereon as may be justified and will keep records of the same. Emergency requests will be received and serviced on a twenty-four (24) hour basis. Complaints of a serious nature will be reported to the CDC in writing after investigation, within twenty-four (24) hours. d. The Contractor is authorized to purchase all materials, equipment, tools, appliances, supplies and services necessary to proper maintenance and repair. e. Notwithstanding any of the foregoing provisions, the prior approval of the CDC will be required for any expenditure which exceeds Five Thousand Dollars ($5,000) in any one instance for labor, materials, or otherwise in connection with the maintenance and repair of the Project, except emergency repairs involving manifest danger to persons or property, or required to avoid suspension of any necessary service to the Project. In the latter event, the Contractor will inform the CDC of the facts as promptly as possible. 16. Utilities and Services. The Contractor will make contracts as may be necessary to secure utilities and services. 17. Employees. The Management Plan prescribes the number, qualifications and duties of the personnel to be regularly employed in the management of the Project, including a Resident Manger, a Social Services Director, and maintenance, bookkeeping, clerical, and other managerial employees. All such on -site personnel will be employees of the Contractor and not of the CDC. a. As more particularly described in the Management Plan, the Resident Manager will have duties of the type usually associated with the position; and, the Social Services Director will be responsible for the conduct of the social services program for the Project. Each will be directly responsible to the Contractor's Project Manager or other officer, and neither will have authority to supervise or discharge the other. b. The compensation (including fringe benefits) of all employees will be as prescribed in the Management Plan and within the Contractor's sole discretion, provided minimum wage standards are met. c. Compensation (including fringe benefits) payable to the on -site management and maintenance employees, as prescribed in the Management Plan, and for all local, state, and Federal taxes and assessments (including but not limited to Social Security taxes, unemployment insurance, and worker's compensation insurance) Page 5 of 14 Kimball Tower Management Agreement incident to the employment of such personnel will be paid out of the Rental Agency Account and will be treated as Reimbursable Expenses. d. Compensation (including fringe benefits) payable to all personnel, plus all local, state, and Federal taxes and assessments incidents to the employment of such personnel will be Reimbursable Expenses, and will not be paid out of the Contractor's fee. The rental value of any dwelling unit, furnished rent-free to the staff, will be treated as a cost to the Project. 18. Disbursements from Rental Agency Account. a. From the funds collected and deposited by the contractor in the Rental Agency Account pursuant to Section 13 above, the Contractor will make the following disbursements promptly when payable: i. Reimbursement of the Contractor for compensation payable to the employees specified in Subsection 17(c) and (d) above, and for the taxes and assessments payable to local, state, and Federal governments in connection with the employment of such personnel. ii. All sums otherwise due and payable by the CDC as expenses of the Project authorized to be incurred by the Contractor under the terms of this Agreement, including compensation payable to the Agent, pursuant to Section 30 below, for its service hereunder. b. Except for the disbursements mentioned in Subsection 18(a) above, funds will be disbursed or transferred from the Rental Agency Account only as the CDC may from time to time direct in writing. c. In the event the balance in the Rental Agency Account is at any time insufficient to pay disbursements due and payable under Subsection 1 8(a) above, the Contractor will inform the CDC of that fact and CDC will then remit to the Contractor sufficient funds to cover the deficiency. 19. Budgets. Annual operating budgets for the Project will be as approved by the CDC. Except as permitted under Subsection 15(e) above, annual disbursements for each type of operating expenses itemized in the budget will not exceed the amount authorized by the approved budget. The Contractor will prepare a recommended operating budget for each fiscal year beginning during the term of this Agreement, and will submit the same to the CDC at least thirty (30) days before the beginning of the fiscal year. The CDC will promptly inform the Contractor of any changes incorporated in the approved budget, and the Agent will keep the CDC informed of any anticipated deviation from the receipts or disbursements stated in the approved budget. Page 6 of 14 Kimball Tower Management Agreement - 20. Records and Reports. In addition to any requirements specified in the Management Plan or in other provisions of this Agreement, the Contractor will have the following responsibilities with respect to records and reports. a. The Contractor will establish and maintain a comprehensive system of records, books, and accounts in a manner conforming to the directives of the Secretary, and otherwise satisfactory to the CDC and the Consenting Parties. All records, books, and accounts will be subject to examination at reasonable hours by any authorized representative of the CDC or either of the Consenting Parties. b. With respect to each fiscal year ending during the term of this Agreement, the contractor will have an annual financial report, prepared by a Certified Public Accountant or other person acceptable to the CDC, based upon the preparer's examination of the books and records of the CDC and the Contractor. The report will be prepared in accordance with the directives of the CDC, will be certified by the preparer and the Contractor, and will be submitted to the CDC within sixty (60) days after the end of the fiscal year, for the CDC's further certification and submission to the Secretary and the Mortgagee. Compensation for the preparer's services will be paid out of the Rental Agency Account as a Reimbursable Expense of the Project. c. The Contractor will prepare a monthly report comparing actual and budgeted figures for receipts and disbursements and will submit each such report to the CDC within fifteen (15) days after the end of the quarter covered. d. The Contractor will furnish such information (including occupancy reports) as may be requested by the CDC from time to time with respect to the financial, physical, or operational condition of the Project. e. By the fifteenth (15th) day of each month, the Contractor will furnish the CDC with an itemized list of all delinquent accounts, including rental accounts, as the tenth (10th) day of the same month. f. By the fifteenth (15`h) day of each month, the Contractor will furnish the CDC with a statement of receipts and disbursements during the previous month, and with a schedule of accounts receivable and payable; and .reconciled bank statements for the Rental Agency Account and Deposit Account upon request as of the end of the previous month. g. Except as otherwise provided in this Agreement, all off -site bookkeeping, not clerical, and other management overhead expenses (including but not limited to costs of office supplies and equipment, data processing services, postage, transportation for managerial personnel, and telephone services) will be borne by the Contractor out of their own funds and will not be treated as Reimbursable Expenses. Page 7 of 14 Kimball Tower Management Agreement 21. Dishonesty Bonds. The Contractor will furnish, at its own expense, a dishonesty bond in the principal sum of Two Hundred Fifty Thousand Dollars ($250,000), which is at least equal to the gross potential income for two (2) months and is conditioned to protect the CDC and the Consenting Parties against misappropriation of Project funds by the Contractor and its employees. 22. Bids and Purchase Discounts, Rebates and Commissions. The CDC and Contractor agree to obtain contract materials, supplies and services at the lowest possible cost and on the terms most advantageous to the Project and to secure and credit to the Project all discounts, rebates or commissions obtainable with respect to purchases, service contracts and other transactions on behalf of the Project. The CDC and the Contractor agree that all goods and services purchased from individuals or companies having an identity of interest with the CDC, or Contractor shall be purchased at costs not in excess of those that would be incurred in making arms -length purchases on the open market. The Contractor shall solicit written estimates (i.e., bids) from at least three (3) contractors or suppliers for any work item defined as a "public project" under Section 20161 of the Public Contract Code and which the CDC or the Director estimates will cost $5,000 or more and for any other contract or on -going supply or service arrangement (except for utilities) which is estimated to exceed $15,000 per year. The Contractor agrees to accept the bid which represents the lowest price, taking into consideration the bidder's reputation for quality of workmanship or materials, timely performance and the time frame within which the service or goods are needed. For any contract or on -going supply or service arrangement obtainable from more than one source and estimated to cost less than $15,000, the Contractor shall solicit written cost estimates, as necessary, to assure that the Project is obtaining services, supplies and purchases at the lowest possible cost. Copies of all required bids and documentation of all other written or verbal cost comparisons made by the Contractor shall be made part of the Project's records and shall be retained for three (3) years from the date the work was completed. This documentation shall be subject to inspection by the CDC and the Contractor agrees to submit such documentation upon request. The Contractor further agrees to include the following clause in any contract entered into with an identity -of -interest firm for provision of goods or services to the Project, the cost of which services are to be Reimbursable Expenses: "Upon request by the CDC/Contractor, (name of contractor or supplier) will make available to the CDC at a reasonable time and place; (name of contractor or supplier's) records which relate to goods or services provided to the Project." The Contractor agrees to request such records from the contractor or supplier within seven (7) days of receipt of a written request from the CDC. 23, Social Service Program. The Contractor will be responsible to the CDC for carrying out the social services program described in the Management Plan. Page 8 of 14 Kimball Tower Management Agreement 3 24. Tenant -Management Relations. The Contractor will encourage and assist residents of the Project in forming and maintaining representative organizations to promote their common interests, and will maintain good -faith communication with such organizations to the end that problems affecting the Project and its residents may be avoided or solved on the basis of mutual self-interest. 25. On -Site Management Facilities. Subject to the further agreement of the CDC and Contractor as to more specific terms, the Contractor will maintain a management office within the Project and staff will reside in several of the dwelling units in the Project, and the Owner will make no rental charge for the same. (Note: The staff may be the same for Morgan Tower. 26. Hold Harmless. The Contractor agrees to indemnify, defend, and hold harmless the CDC, its officers, employees and volunteers, against and from any and all liability, loss, damage to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the Contractor's performance of this Agreement. 27. Workers' Compensation. The Contractor shall comply with all of the provisions of the Worker's 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, defend and hold harmless the CDC and its officers, employees and volunteers from any against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CDC or its officers, employees, 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. 28. Insurance. The Contractor shall purchase and maintain, throughout the term of this agreement, the following insurance policies. Only items b and c to be reimbursed from Rental Agency Account. a. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $500,000 combined single limit per accident. Such automobile insurance shall include non - owned vehicles. b. Commercial 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. Workers' compensation insurance covering all of its employees and volunteers. Page 9 of 14 Kimball Tower Management Agreement 9 d. The aforesaid policies shall, with respect to Kimball Tower, constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. e. Said policies, except for worker's compensation, shall name the CDC and its officers, agents and employees as additional insureds. f. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been compiled with, are filed with and approved by the CDC/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. 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. 29. Compliance with Government Orders. The Contractor will take such actions as may be necessary to comply promptly with any and all governmental orders or other requirements affecting the Project, whether imposed by Federal, State, County or Municipal authority, subject, however, to the limitation stated in Subsection 15(e) with respect to repairs. Nevertheless, the Contractor shall take no such action so long as the CDC is contesting, or has affirmed its intention to contest, any such order or requirements. The Contractor will notify the CDC in writing of all notices of such orders or other requirements, within seventy-two (72) hours from the time of receipt. 30. Contractor's Compensation. The Contractor will be compensated for its services under this Agreement by monthly fees, in accordance with HUD procedures, to be paid out of the Rental Agency Account. Such fees will be payable on the last day of each month beginning October 3, 2006, until terminated. a. Each such monthly fee will be in an amount equal to five point eight five percent (5.85%) of gross collections received during the preceding. Gross collections include rental income, Housing Assistance Payments, and income from other sources such as coin -operated laundry equipment. b. The percentage fee stipulated in Section 30(a) may be increased by one-fourth of one percent (1/4%) (example: a fee of 5% of gross collections could be increased to 5 1/4%) on the annual anniversary date of this Agreement with CDC approval. Page l0 of 14 Kimball Tower Management Agreement 31. Term of Agreement. This Agreement shall be in effect on Agreement is subject to the following conditions: a. This Agreement may be terminated with or Termination without cause shall be effective only the Contractor. During said 30-day period, the services in accordance with this Agreement. a month -to -month basis. This without cause by the City. upon 30-day written notice to Contractor shall perform all b. This Agreement may also be terminated immediately by the City for cause in the event of a material breach of this Agreement, misrepresentation by the Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the City. c. In the event a petition in bankruptcy is filed by or against either of the Principal Parties, or in the event either makes an assignment for the benefit of creditors or takes advantage of any involvency act, the other party may terminate this Agreement upon ten (10) days notice to the other. d. Upon termination, any cash will be immediately turned over to the CDC. In addition, the Contractor will submit to the CDC any financial statements required and, after each has accounted to the other with respect to all matters outstanding as of the date of termination, the CDC will furnish the Contractor security, in form and principal amount satisfactory to the Contractor, against any obligations or liabilities the Contractor may properly have incurred on behalf of the CDC hereunder. e. Termination with or without cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for herein. 32. Other Consideration. Nothing contained herein shall prevent the Contractor from carrying on its usual business, including the performance of other additional services for the CDC, should the CDC desire additional services, nor from performing similar services for other agencies, cities, districts or public or private entities. 33. Legal Fees. If any party brings a suit or action against the other party arising from any breach of contract of any 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 the 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 other party all costs and expenses of suit, including actual attorney's fees. 34. 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 ("AAA") before resorting to arbitration. The Page 11 of 14 Kimball Tower Management Agreement (I 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 as they exist. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any 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 attorney's fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 35. Termination for Default. All of the terms, conditions, and covenants of this Agreement are considered material and in the event the Contractor breaches or defaults in the performance of any such terms, conditions, or covenants which are to be kept, done, or performed by it, the CDC may give the Contractor fifteen (15) days' written notice setting forth such breach of default; and if the Contractor fails, neglects or refuses for a period of more than fifteen (15) days thereafter to remedy, make good, or perform such breach or default, the CDC, without further notice, may cancel this Agreement. 36. 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; 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 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, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: Brad Raulston, Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 To Contractor: Priscilla Gilliam, President Falkenberg/Gilliam & Associates, Inc. Page 12 of 14 Kimball Tower Management Agreement Post Office Box 7070 Pasadena, CA 91109-7070 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 delivery because of changed address of which no notice was given shall be deemed to constitute receipt of notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy or facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 37. 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, or 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 of any provision hereof. 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 as 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 expect 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 of any provision hereof. h. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. Page 13 of 14 Kimball Tower Management Agreement 13 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 madeby 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 as 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, (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 Principal Parties, by their duly authorized officers, have executed this Agreement on the date first above written. COMMUNITY DEVELOPMENT COMMISSION FALKENBERG/GILLIAM & OF THE CITY OF NATIONAL CITY ASSOCIATES, INC. By: Nick Inzunza, Chairman By: Priscilla Gilliam, President By: APPROVED AS TO FORM: George H. Eiser, III City/CDC Attorney Attachments: Exhibit "A" - Management Plan rage 14 of 14 Kimball Tower Management Agreement MORGAN TOWER MANAGEMENT AGREEMENT This Agreement is made this 3rd day of October, 2006, between the Community Development Commission of the City of National City hereinafter referred to as "CDC" and Falkenberg/Gilliam & Associates, Inc. hereinafter referred to as "Contractor". Definitions As used in this Agreement: a. "HUD" means the United States Department of Housing and Urban Development. b. "Secretary" means the Secretary of the United States Department of Housing and c. Urban Development. d. "Contractor" is Falkenberg/Gilliam & Associates, Inc.. e. A "Mortgage" is an instrument of an agreement between the Owner, as mortgagor, and the mortgagee, creating a lien on the Project as security for the payment of debt, which mortgage is insured by the United States Department of Housing and Urban Development. f. "Mortgagee" means any holder of the Mortgage. g. Community Development Commission of the City of National City ("CDC") is Owner. h. "Principal Parties" means the CDC and the Contractor. i. "Consenting Parties" means the Secretary and the Mortgagee. j. "Reimbursable Expense" means any expenditure incurred by the Contractor which shall be reimbursed to the Contractor from the Rental Agency Account. k. "Rental Agency Account" means the account described in Section 14. 2. Appointment and Acceptance. The CDC appoints the Contractor as exclusive representative for the management of the property described in Section 8 of this Agreement; and, the Contractor accepts the appointment, subject to the terms and conditions set forth in this Agreement 3. 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 ventures with one another. 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 he 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 as the Contractor may deem necessary for the proper and efficient performance of this Agreement. 4. 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 Page 1 of 15 Morgan Tower Management Agreement 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, and 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. 5. Contractor referred to as Agent. Not withstanding Contractor's status as an independent contractor, the parties acknowledge that in its dealings with agencies of the federal government, Contractor may from time to time be referred to as the "Agent" of the CDC. 5. Compliance with Applicable Law. The Contractor, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. The Contractor, and its subcontractors, shall obtain a current City of National City business license prior to performing any work within the City. 7. Non -Discrimination Provisions. The Contractor will 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. 8. Description of Project. This property ("Project") to be managed by the Contractor under this Agreement is a housing development consisting of the land, building, and other improvements that made up Project No. 129-38013-PB-WAH-L8. The Project further described as follows: Morgan Tower 1415 "D" Avenue City of National City, County of San Diego, State of California Consisting of 152 dwelling units 9. HUD Requirements. The project is subject to a mortgage which is insured by HUD under Section 231 of the National Housing Act and the CDC had entered into a Regulatory Agreement with the Secretary, whereby the CDC is obligated to provide for management of the project in a manner satisfactory to the Secretary. In addition, the CDC has entered into a Housing Assistance Payments Contract with the Secretary. The CDC has furnished the Contractor with conies of the Regulatory Agreement and the Housing Assistance Page 2 of 15 Morgan Tower Management Agreement /6 Payments Contract. In performing its duties under this Management Agreement, the Contractor will comply with all pertinent requirements of the Regulatory Agreement, the Housing Assistance Payment Contract, and the directives of the Secretary. In the event any instruction from the CDC is in contravention of such requirements, the latter will prevail. 10. Management Plan. Attached hereto as Exhibit "A" and incorporated herein, is a copy of the Management Plan for the Project, which provides a comprehensive, and detailed description of the policies and procedures to be followed in the management of the Project. In many of its provisions, this Agreement briefly defines the nature of the Contractor's obligations, with the intention that reference be made to the Management Plan for more detailed policies and procedures. Accordingly, the CDC and the Contractor will comply with all applicable provisions of the Management Plan, regardless of whether specific reference is made thereto in any particular provision of this Agreement. 11. Basic Information. The CDC has furnished the Agent with complete set of plans and specifications and copies of all guaranties and warranties pertinent to construction, fixtures, and equipment. With the aid of this information and through inspection by competent personnel, the Agent will thoroughly familiarize itself with the character, location, construction, layout, plan and operation of the Project, and especially the electrical, heating, plumbing, air-conditioning and ventilating systems, the elevators, and all other mechanical equipment. 12. Marketing. The Contractor will carry out the marketing activities prescribed in the Management Plan, observing all requirements of the Affirmative Marketing Plan. Advertising expenses will be paid out of the Rental Agency Account Reimbursable. 13. Rentals. The Contractor will offer for rent and will rent the dwelling units, and other rental facilities and concessions in the Project. Incident thereto, the following provisions will apply: a. The Contractor will follow the Tenant Selection Policy attached to the Management Plan. b. The Contractor will show the premises to prospective tenants. c. The Contractor will take and process applications for rentals. If an application is rejected, the applicant will be told the reason for rejection; and, the rejected application, with reason for rejection noted thereon, will be kept on file for one (1) year. A current list of prospective tenants will be maintained. d. The Contractor will prepare all dwelling leases and parking permits, and will execute the same in its name, identified thereon as representative for the CDC. The terms of all leases will comply with the pertinent provisions of the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. Dwelling leases will be in a form approved by the CDC and the Page 3 of 15 Morgan Tower Management Agreement �7 Secretary, but individual dwelling leases and parking permits need not be submitted for the approval of the CDC or the Secretary. e. The CDC will furnish the Contractor with rent schedules, as from time to time approved by the Secretary, showing fair -market rents, basic rents for dwelling units, and other charges for facilities and services. In no event will such fair - market rents and other charges be exceeded. Eligibility for dwelling rents that are less than such fair -market rents, and the amount of such lesser rents, will be determined in accordance with the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. f. The Contractor will counsel all prospective tenants regarding eligibility for dwelling rents that are less than fair market rents and will prepare and verify eligibility certifications and recertifications in accordance with the Regulatory Agreement, the Housing Assistance Payments Contract, and the directives of the Secretary. g. The Contractor will collect, deposit, and disburse security deposits, if required, in accordance with the terms of each tenant's lease. The amount of each security deposit will be as specified in the Management Plan. Security deposits will be deposited by the Contractor in an account, separate from all other accounts and funds, with a bank or other financial institution whose deposits are insured by an agency of the United States Government. This account will be carried in the CDC's name and designated of record as "Morgan Tower Security Deposit Account". 14. Collection of Rents and other Receipts. The Contractor will collect when due all rents, charges and other amounts receivable on the CDC's account in connection with the management and operation of the Project. Such receipts (except tenant's security deposits, which will be handled as specified in Subsection 13(g) above) will be deposited in an account, separate from all other accounts and funds, with a bank whose deposits are insured by the Federal Deposit Corporation. This account will be carried in the CDC's name and designated of record as "Morgan Tower Rental Agency Account". 15. Enforcement of Leases. The Contractor will secure full compliance by each tenant with the terms of the lease. Voluntary compliance will be emphasized; and, the Contractor, utilizing the services of the Social Services Director when available, will counsel tenants and make referrals to community agencies in cases of financial hardship or under other circumstances deemed appropriate by the Contractor, to the end that involuntary termination of tenancies may be avoided to the maximum extent consistent with sound management of the Project. Nevertheless, and subject to the pertinent procedures prescribed in the Management Plan, the Contractor may lawfully terminate any tenancy when, in the contractor's judgment, sufficient cause (including, but not limited to, non-payment of rent) for such termination occurs under the terms of the tenant's lease. For this purpose. the contractor is authorized to consult with lee-! cn>>=sel Page 4 of 15 Morgan Tower Management Agreement to be designated by the CDC, to bring actions for eviction and to execute notices to vacate and judicial pleadings incident to such actions; provided, however, the Contractor keeps the CDC informed of such actions and follows such instructions as the CDC's written approval, attorney fees and other necessary costs incurred in connection with such actions will be paid out of the Rental Agency Account as Project Expenses. 16. Maintenance and Repair. The Contractor will maintain the Project in good repair in accordance with the Management Plan and local codes, and in a condition at all times acceptable to the CDC and the Secretary, including but not limited to cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair work as may be necessary, subject to any limitations imposed by the CDC in addition to those contained herein. Incident thereto, the following provisions will apply: a. Special attention will be given to preventative maintenance and, to the greatest extent feasible, the services of regular maintenance employees will be used. b. Subject to the CDC's prior written approval, the Contractor will contract with qualified independent contractors for the maintenance and repair of HVAC systems and elevators, and for extraordinary repairs beyond the capability of regular maintenance employees. c. The Contractor will systematically and promptly receive and investigate all service requests from tenants, take such action thereon as may be justified and will keep records of the same. Emergency requests will be received and serviced on a twenty-four (24) hour basis. Complaints of a serious nature will be reported to the CDC in writing after investigation, within twenty-four (24) hours. d. The Contractor is authorized to purchase all materials, equipment, tools, appliances, supplies and services necessary to proper maintenance and repair. e. Notwithstanding any of the foregoing provisions, the prior approval of the CDC will be required for any expenditure which exceeds Five Thousand Dollars ($5,000) in any one instance for labor, materials, or otherwise in connection with the maintenance and repair of the Project, except for emergency repairs involving manifest danger to persons or property, or required to avoid suspension of any necessary service to the Project. In the latter event, the Contractor will inform the CDC of the facts as promptly as possible. 17. Utilities and Services. The Contractor will make contracts as may be necessary to secure utilities and services. 18. Employees. The Management Plan prescribes the number, qualifications and duties of the personnel to be regularly employed in the management of the Project, including a Resident Manger, a Social Services Director, and maintenance, bookkeeping, clerical, and Page 5 of 15 Morgan Tower Management Agreement other managerial employees. All such on -site personnel are employees of the Contractor and not of the CDC. a. As more particularly described in the Management Plan, the Resident Manager will have duties of the type usually associated with the position; and, the Social Services Director will be responsible for the 'conduct of the social services program for the Project. Each will be directly responsible to the Contractor's Project Manager or other officer, and neither will have authority to supervise or discharge the other. b. The compensation (including fringe benefits) of all employees will be as prescribed in the Management Plan. Compensation will be within the Contractor's sole discretion, provided minimum wage standards are met. c. Compensation (including fringe benefits) payable to the on -site management and maintenance employees, as prescribed in the Management Plan, and for all local, state, and Federal taxes and assessments (including but not limited to Social Security taxes, unemployment insurance, and worker's compensation insurance) incident to the employment of such personnel will be paid out of the Rental Agency Account and will be treated as Reimbursable Expenses. d. Compensation (including fringe benefits) payable to all personnel, plus all local, state, and Federal taxes and assessments incidents to the employment of such personnel will be Reimbursable Expenses, and will not be paid out of the Contractor's fee. The rental value of any dwelling unit, furnished rent-free to the staff, will be treated as a cost to the Project. 19. Disbursements from Rental Agency Account. a. From the funds collected and deposited by the contractor in the Rental Agency Account pursuant to Section 14 above, the Contractor will make the following disbursements promptly when payable: 1. Reimbursement of the Contractor for compensation payable to the employees specified in Subsection 18(c) and (d) above, and for the taxes and assessments payable to local, state, and Federal .governments in connection with the employment of such personnel. The single -aggregate payment required to be made monthly by the CDC to the Mortgagee, including the amounts due under the mortgage for principal amortization, interest, mortgage insurance premium, ground rents, taxes and assessments, fire and other hazard insurance premiums, and the amount specified by HUD for allocation to the Reserve for Replacements. Page 6 of 15 Morgan Tower Management Agreement 3. All sums otherwise due and payable by the CDC as expenses of the Project authorized to be incurred by the Contractor under the terms of this Agreement, including compensation payable to the Agent, pursuant to Section 32 below, for its service hereunder. b. Except for the disbursements mentioned in Subsection 19(a) above, funds will be disbursed or transferred from the Rental Agency Account only as the CDC may from time to time direct in writing. c. In the event the balance in the Rental Agency Account is at any time insufficient to pay disbursements due and payable under Subsection 19(a) above, the Contractor will inform the CDC of that fact and CDC will then remit to the Contractor sufficient funds to cover the deficiency. 20. Budgets. Annual operating budgets for the Project will be as approved by the CDC Except as permitted under Subsection 16(e) above, annual disbursements for each type of operating expense itemized in the budget will not exceedby more than ten percent (10%) the amount authorized by the approved budget. The Contractor will prepare a recommended operating budget for each fiscal year beginning during the term of this Agreement, and will submit the same to the CDC at least thirty (30) days before the beginning of the fiscal year. The CDC will promptly inform the Contractor of any changes incorporated in the approved budget, and the Agent will keep the CDC informed of any anticipated deviation from the receipts or disbursements stated in the approved budget. 21. Records and Reports. In addition to any requirements specified in the Management Plan or in other provisions of this Agreement, the Contractor will have the following responsibilities with respect to records and reports. a. The Contractor will establish and maintain a comprehensive system of records, books, and accounts in a manner conforming to the directives of the Secretary, and otherwise satisfactory to the CDC and the Consenting Parties. All records, books, and accounts will be subject to examination at reasonable hours by any authorized representative of the CDC or either of the Consenting Parties. b. With respect to each fiscal year ending during the term of this Agreement, the contractor will have an annual financial report, prepared by a Certified Public Accountant or other person acceptable to the CDC and Secretary, based upon the preparer's examination of the books and records of the CDC and the Contractor. The report will be prepared in accordance with the directives of the Secretary, will be certified by the preparer and the Contractor, and will be submitted to the CDC within sixty (60) days after the end of the fiscal year, for the CDC's further certification and submission to the Secretary and the Mortgagee. Compensation for the preparer's services will be paid out of the Rental Agency Account as Reimbursable Expense. Page 7 of 15 Morgan Tower Management Agreement g. c. Contractor will prepare a monthly report comparing actual and budgeted figures for receipts and disbursements and will submit each such report to the CDC within fifteen (15) days after the end of the quarter covered. d. The Contractor will furnish such information (including occupancy reports) as may be requested by the CDC from time to time with respect to the financial, physical, or operational condition of the Project. e. The Contractor will prepare, on a monthly basis, Form HUD-52670, Housing Contractor's Certification for Housing Assistance Payments and Form HUD- 52670A, New Construction and Substantial Rehabilitation Schedule of Housing Assistance Payments, and will submit the same to the appropriate Area or Insuring Office of the Department of Housing and Urban Development. Such payments will be deposited to the Rental Agency Account. f. By the fifteenth (15"') day of each month, the Contractor will furnish the CDC with an itemized list of all delinquent accounts, including rental accounts, as the tenth (10th) day of the same month. By the fifteenth (15th) day of each month, the Contractor will furnish the CDC with a statement of receipts and disbursements during the previous month, and with a schedule of accounts receivable and payable, and reconciled bank statements for the Rental Agency Account and Deposit Account, upon request, as of the end of the previous month. h. If the Project does not sustain a 95% occupancy, and the rental collections plus HUD subsidy fall below operating expenses for a sustained period of sixty (60) days, the Contractor will immediately send written notification of the same to the appropriate HUD Area/Insuring Office, copying the CDC. Except as otherwise provided in this Agreement, all off -site bookkeeping, not clerical, and other management overhead expenses (including but not limited to costs of office supplies and equipment, data processing services, transportation for managerial personnel, and telephone services) will be borne by the Contractor out of its own funds and will not be treated as Reimbursable Expense. 22. Dishonesty Bonds. The Contractor will furnish, at its own expense, a dishonesty bond in the principal sum of Two Hundred and Fifty Thousand Dollars ($250,000), which is at least equal to the gross potential income for two (2) months and is conditioned to protect the CDC and the Consenting Parties against misappropriation of Project funds by the Contractor and its employees. 23. Bids and Purchase Discounts, Rebates and Commissions. The CDC and Contractor agree to obtain contract materials, supplies and services at the lowest possible cost and on the terms most advantageous to the Project and to secure and credit to the Project all discounts, rebates or commissions obtainable with respect to purchases. service contracts Page 8 of 15 Morgan owes Management Agreement and other transactions on behalf of the Project. The CDC and the Contractor agree that all goods and services purchased from individuals or companies having an identity of interest with the CDC or Contractor shall be purchased at costs not in excess of those that would be incurred in making arms -length purchases on the open market. The Contractor shall solicit written estimates (i.e., bids) from at least three (3) contractors or suppliers for any work item defined as a "Public Project" under Section 20161 of the California Public Contract Code which the CDC or the Director estimates will cost $5,000 or more. The Contractor agrees to accept the bid which represents the lowest price, taking into consideration the bidder's reputation for , quality of workmanship or materials, timely performance and the time frame within which the service or goods are needed. For any contract or on -going supply or service arrangement obtainable from more than one source and estimated to cost less than $15,000, the Contractor shall solicit written cost estimates, as necessary, to assure that the Project is obtaining services, supplies and purchases at the lowest possible cost. Copies of all required bids and documentation of all other written or verbal cost comparisons made by the Contractor shall be made part of the Project's records and shall be retained for three (3) years from the date the work was completed. This documentation shall be subject to inspection by the Secretary or his/her designee and the Contractor agrees to submit such documentation upon request. The Contractor further agrees to include the following clause in any contract entered into with an identity -of -interest firm for provision of goods or services to the Project, the cost of which services are to be Reimbursable Expenses: "Upon request by the CDC/Contractor or the Secretary, (name of contractor or supplier) will make available to the Secretary at a reasonable time and place; (name of contractor or supplier's) records which relate to goods or services provided to the Project." The Contractor agrees to request such records from the contractor or supplier within seven (7) days of receipt of a written request from the CDC. 24. Social Service Program. The Contractor will be responsible to the CDC for carrying out the social services program described in the Management Plan. 25. Tenant -Management Relations. The Contractor will encourage and assist residents of the Project in forming and maintaining representative organizations to promote their common interests, and will maintain good -faith communication with such organizations to the end that problems affecting the Project and its residents may be avoided or solved on the basis of mutual self-interest. 26. On -Site Management Facilities. Subject to the further agreement of the CDC and Contractor as to more specific terms, the Contractor will maintain a management office at the adjacent Kimball Tower; and, staff (Note: The staff may be the same for Kimball Tower) will reside in several of the dwelling units in the Project; and the CDC will make no rental charge for the same. 27. Insurance. The CDC will inform the Contractor of insurance over and above what is required in Section 30 of this Agreement to be carried with respect to the Project and its operations, and the Agent will cause such insurance to be placed and kept in effect at all Page 9 of 15 Morgan Tower Management Agreement times. The Contractor will pay premiums out of the Rental Agency Account, and premiums will be treated as operating expenses. All insurance will be placed with such companies, on such conditions, in such amounts, and with such beneficial interests appearing thereon as shall be acceptable to the CDC and Consenting Parties. The Contractor will investigate and furnish the Owner with full reports as to all accidents, claims, and potential claims for damage relating to the Project, and will cooperate with the CDC's insurers in connection therewith. 28. Hold Harmless. The Contractor agrees to indemnify, defend, and hold harmless the CDC, its officers, employees and volunteers, against and from any and all liability, loss, damage to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the Contractor's performance of this Agreement. 29. Workers' Compensation. The Contractor shall comply with all of the provisions of the Worker's 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, defend and hold harmless the CDC and its officers, employees and volunteers from any against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CDC or its officers, employees, 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. 30. Insurance. The Contractor shall purchase and maintain, throughout the term of this agreement, the following insurance policies. Items b and c to be reimbursed from the Rental Agency Account. a. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $500,000 combined single limit per accident. Such automobile insurance shall include non - owned vehicles. b. Commercial 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. c. Workers' compensation insurance covering all of its employees and volunteers. d. The aforesaid policies shall, with respect to Morgan Tower, constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. Page l0 of 15 Morgan Tower Management Agreement e. Said policies, except for worker's compensation, shall name the CDC and its officers, agents and employees as additional insureds. f. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been compiled with, are filed with and approved by the CDC/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. 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. 31. Compliance with Government Orders. The Contractor will take such actions as may be necessary to comply promptly with any and all governmental orders or other requirements affecting the Project, whether imposed by Federal, State, County or Municipal authority (subject, however, to the limitation stated in Subsection 16(e) with respect to repairs.) Nevertheless, the Contractor shall take no such action so long as the CDC is contesting, or has affirmed its intention to contest, any such order or requirements. The Contractor will notify the CDC in writing of all notices of such orders or other requirements; within seventy-two (72) hours from the time of receipt. 32. Contractor's Compensation. The Contractor will be compensated for its services under this Agreement by monthly fees, in accordance with HUD procedures, to be paid out of the Rental Agency Account. Such fees will be payable on the last day of each month beginning October 3, 2006, until terminated. a. Each such monthly fee will be in an amount equal to three and three quarters percent (3.75%) of gross collections received during the preceding month. Gross collections include rental income, Housing Assistance Payments, and income from other sources such as coin -operated laundry equipment. b. The percentage fee stipulated in Section 31(a) may be increased by one-fourth of one percent (1/4%) (Example: a fee of 5% of gross collections could be increased to 5 '/a%) on the annual anniversary date of this Agreement if HUD approves the CDC's written request, based upon its determination that the Contractor's performance has been of superior quality. Such requests are not automatically approved and may not be implemented without written authorization from the HUD Area/Insuring office having jurisdiction over the Project mortgage. 33. Term of Agreement. This Agreement shall be in effect on a month -to -month basis. This Agreement is subject to the following conditions: Page 11 of 15 Morgan Tower Management Agreement a. This Agreement may be terminated with or without cause by the City. Termination without cause shall be effective only upon 30-day written notice to the Contractor. During said 30-day period, the Contractor shall perform all services in accordance with this Agreement. b. This Agreement may also be terminated immediately by the City for cause in the event of a material breach of this Agreement, misrepresentation by the Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the City. c. In the event a petition in bankruptcy is filed by or against either of the Principal Parties, or in the event either makes an assignment for the benefit of. creditors or takes advantage of any involvency act, the other party may terminate this Agreement upon ten (10) days notice to the other. d. Upon termination, any cash will be immediately turned over to the CDC. In addition, the Contractor will submit to the CDC any financial statements required and, after each has accounted to the other with respect to all matters outstanding as of the date of termination, the CDC will furnish the Contractor security, in form and principal amount satisfactory to the Contractor, against any obligations or liabilities the Contractor may properly have incurred on behalf of the CDC hereunder. e. Termination with or without cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for herein. 34. Other Consideration. Nothing contained herein shall prevent the Contractor from carrying on its usual business, including the performance of other additional services for the CDC, should the CDC desire additional services, nor from performing similar services for other agencies, cities, districts or public or private entities. 35. Legal Fees. If any party brings a suit or action against the other party arising from any breach of contract of any 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 the 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 other party all costs and expenses of suit, including actual attorney's fees. 36. 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 ("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 as they exist. Any award rendered shall �e Page 12 of 15 Morgan Tower Management Agreement final and conclusive upon the parties, and a judgment thereon may be entered in any 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 attorney's fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 37.. Termination for Default. All of the terms, conditions, and covenants of this Agreement are considered material and in the event the Contractor breaches or defaults in the performance of any such terms, conditions, or covenants which are to be kept, done, or performed by it, the CDC may give the Contractor fifteen (15) days' written notice setting forth such breach of default; and if the Contractor fails, neglects or refuses for a period of more than fifteen (15) days thereafter to remedy, make good, or perform such breach or default, the CDC, without further notice, may cancel this Agreement. 38. 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; 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 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, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: Brad Raulston, Executive Director Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, CA 91950 To Contractor: Priscilla Gilliam, President Falkenberg/Gilliam & Associates, Inc. Post Office Box 7070 Pasadena, CA 91109-7070 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 delivery because of changed address of which no notice was given shall be deemed to constitute receipt of notice, demand, request or communication sent. Any notice, request, demand, direction or other communication Page 13 of 15 Morgan Tower Management Agreement oL� sent by cable, telex, telecopy or facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 39. 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, or 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 of any provision hereof. 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 as 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 expect 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 of any provision hereof. h. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 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 he of any effect unless it is in writing and executed by the party to be bound thereby. Page 14 of 15 Morgan Tower Management Agreement ,28 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 as 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, (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 Principal Parties, by their duly authorized officers, have executed this Agreement on the date first above written. COMMUNITY DEVELOPMENT COMMISSION FALKENBERG/GILLIAM & OF THE CITY OF NATIONAL CITY ASSOCIATES, INC. By: By: Nick Inzunza, Chairman Priscilla Gilliam, President APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Attachment: Exhibit "A" - Management Plan Page 15 of 15 By: Title Morgan Tower Management Agreement COMMUNITY DEVELOPMENT COMMISSION Council Agenda Statement 28 MEETING DATE: October 3, 2006 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission authorizing the Chairman to execute an agree- ment between the Community Development Commission and Ildifonso Carrillo and Rene Guzman, owners of Chicano Perk, and authorizing the expenditure of $50,000 from redevelopment funds for the improvements to Chicano Perk at 616 National City Boulevard . PREPARED BY: Angela Nazareno Economic Development Manager DEPARTMENT: Community Development Commission EXPLANATION: The owners of Chicano Perk, a cafe y cultura successfully opened their second location here in the heart of National City's Morgan Square district back in January of 2006. Since the purchase of the building, the owners made improve- ments by completing an entire interior remodel. Additionally, they participated in the City's Technical Assistance Program through San Diego State University (SDSU) and received a report which identified areas of their business that required improvement. One of those areas to improve was their facade. They submitted a Facade application and an architect /designer group was assigned to them. The total cost for the facade improvements is estimated at $50,000. This amount includes: prep work and painting, signage, window treatment, and an tiled awning. Environmental Review: X N/A Financial Statement: Funds are available in FY06/07 CDC's Economic Development Division in the Facade Program's budget for $50,000 from redevelopment funds in account # 900731. Account NO. ()o % 3 I STAFF RECOMMENDATION: Adopt the resolution BOARD/COMMISSION RECOMMENDATION: N/A I .ATTACHMENTS (Listed Below) 1. Resolution 3. Rendering 2. Agreement 4. Estimate Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A FACADE IMPROVEMENT AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RENE GUZMAN AND ILDIFONSO CARRILLO, OWNERS OF CHICANO PERK FOR FACADE IMPROVEMENTS, AND AUTHORIZING THE EXPENDITURE IN THE NOT TO EXCEED AMOUNT OF $50,000 FOR SUCH IMPROVEMENTS WHEREAS, the Community Development Commission of the City of National City ("CDC") is in charge of administrating the Facade Program whose goal is to revitalize the older commercial buildings within the Redevelopment Area; and WHEREAS, the owners of Chicano Perk, located at 616 National City Boulevard, have committed to improving their property by financing an entire interior remodel project; and WHEREAS, the owners of Chicano Perk have shown good will by participating in the City's SDSU Technical Assistance Program which has identified a facade treatment as one of their list of recommendations; and WHEREAS, the expenditure of funds for the improvements to Chicano Perk is not to exceed $50,000 from the CDC's current FY06/07 Economic Development fiscal budget (Fund # 900731). NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission Board hereby authorizes the expenditure of funds for the improvements to Chicano Perk located at 616 National City Boulevard in the not to exceed amount of $50,000. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute a Facade Improvement Agreement between the Community Development Commission of the City of National City and Rene Guzman and Ildifonso Carrillo, the owners of Chicano Perk. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Nick Inzunza,Chairman FACADE IMPROVEMENT AGREEMENT THIS AGREEMENT, is made between the Community Development Commission of the City Of National City hereafter referred to as the "CDC", and MIKE N. DALLO AND MONA DALLO, hereafter referred to as the "Property Owner" and FOODLAND, Inc., hereafter referred to as the "Participant", located at 303 Highland Avenue in National City, California. RECITALS 1. The CDC desires to stimulate private investment in the City's Commercial Districts. 2. The CDC believes that investment on improvements visible to customers, neighboring merchants, and residents will beautify the commercial corridors and increase the volume of business by making the districts and individual businesses more attractive. 3. The CDC has adopted and established a Commercial Facade Improvement Program (The Program) to assist property and business owners to improve their properties located in designated areas of the City of National City. 4. The designated areas of the City of National City are major commercial streets in the Redevelopment Area. 5. The parties acknowledge that in utilizing The Program to make improvements to the property, the participant may be require to follow State Prevailing Wage Rates Requirements. 6. The CDC and the City of National City have determined that the property subject to this Agreement is located in the Redevelopment Area and is eligible to participate in the Program. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, the CDC and the Property Owner agree as follows: AGREEMENT I. DEFINITIONS The following terms shall have the following meanings whenever used in this Agreement, except where the context clearly indicates otherwise. Any ambiguity as to the intended meaning or scope of the terms set forth below will be resolved solely by the CDC through its designated representative. 1. Completion Date is defined as the date that the contractor has finished the physical improvements per the Contractor's agreement and Scope of Work and to Page 1 of 8 tite saiisfanion of the CDC, as evidenced by final inspection, and sign off by a City's building inspector. Facade is defined as the exterior of a commercial building visible from the public street, and excludes all else, unless otherwise determined by the Economic Development Manager. 3. The Property is defined as the unit of real property as identified within the County Recorder's documents which will be improved pursuant to this agreement. For purposes of this agreement, the Property is that real property commonly known as 303 Highland Avenue, National City. 4. Program Manager is defined as the CDC's designated representative for the Commercial Facade Improvement Program. 5. Project is defined as the total improvements made to subject property outlined in the Contractor's Scope of Work and approved by the Program Manager. 6. Total Cost Expenditure is defined as the total actual costs incurred by and paid for completing the project. 7. Contractor is defined as a California Licensed General Contractor selected through the bidding process to complete the improved at the project address. Contractor is to provide proof of license and insurance to the City at time of the bid process. 8. Participant is defined as the Property and/or Business Owner of the said property in which the Facade improvements are made. 9. Property Owner is defined as the person(s) on Title of the property as shown on the records of the San Diego County Recorders Office and identified on the Certificate of Ownership form (Exhibit A). 10. Request for Proposal (RFP) is defined as all City, Contractor, and Architect documents which detail the improvements on the subject property. II. CERTIFICATION OF OWNERSHIP The Property Owner of the Property agrees to the improvements to the Property pursuant to this Agreement and has signed the Certificate of Ownership, attached as Exhibit A and by this reference made a part of this Agreement. III. CONSENT OF PARTICIPANT Page 2 of 8 The Participant consents to the construction of improvement on the Property which are contemplated by this Agreement. IV. PROPERTY OWNER'S RESPONSIBILITIES 1. The Property Owner shall submit an application form to the Program Manager. 2. The Property Owner shall meet with the Program Manager and the architect designated by the Program Manager to discuss the design for the facade improvements. 3. The Property Owner shall sign the architectural rendering prepared by the designated architect and, by signing, accept the design for the facade improvements. The architectural rendering is and by this reference made part of this Agreement. 5. For those projects which may qualify as Historic Preservation Projects, Property Owner shall provide all documentation requested by the Program Manager to make such a determination. Property Owner must have been designated by the Historic Resources Board as owning a designated historic structure or classified as a contributing structure, or be included on a locally defined historic building inventory in a designated historic district, and that any improvements be consistent with the historical character of the property. 6. The Property Owner agrees to maintain the improvements made pursuant to this agreement in good condition, and to repair or replace any damage which occurs to the improvements, for a period of five (5) years following the completion date of the improvements as agreed upon by the CDC. 7. The Property Owner agrees to not increase the rent to the tenants for a period of five (5) years following the completion date of the improvements. V. LOAN TO PROPERTY OWNER The CDC hereby makes a Loan in the amount of $347,320 to the PROPERTY OWNER, MIKE N. DALLO AND MONA DALLO for the purpose of rehabilitating the Facade at 303 Highland Avenue (the PROPERTY). Said Loan is subject to be immediately repayable to the CDC if the PROPERTY is sold, leased, conveyed, refinanced (except for refinances involving existing secure debt which is in a superior position to the CDC Loan secured by this Agreement), vacated, transferred, assigned, alienated, or hypothecated within five (5) years from the Completion Date of the improvements as defined and at the option of the CDC. Page 3 of 8 This Agreement is executed by The Community Development Commission (CDC) of the City of National City acting by and through its Commissioners, and by the Property Owners and the Participant. Dated this day of S'e pteniy✓, 2006. COMMUNITY DEVELOPMENT COMMISSION (OWNER) I APPROVE the form and legality of this Agreement this day of , 2006. GEORGE EISER, City Attorney By Assistant City Attorney Dated this Ar day of Sef • , 2006. Dated this / 8. day of By Chris Zapata, Executive Director PROPERTY 0 By 4 U AA Print Name: ltil I Kc DA- (_(_0 By /%'l kak Print Name: 14i0 NA- 1 * LZ-0 , 2006. FOODLAND, Inc.(Participant): By Print Name: Cf-i-72 l S D4-Lir0 Officer Title: C�2 By Print Name: Officer Title: Page 6 of 8 A - Certificate of Ownership B - Deed of Trust C - Note EXHIBITS: Page 7 of 8 State of California ) ss: County of San Diego ) On S-c I d)(- ' ram; before me, the undersigned, a Not lic in and for the County of San Diego, State of California, personally appeared Ch ' nally known to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within Facade Improvement Agreement Affecting Real Property and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Page 8 of 8 SANDRA A. LARA Commission # 1478914 Notary Public - California San Diego County My Comm. Expires Apr 23,2008 COMMUNITY DEVELOPMENT COMMISSION FACADE IMPROVEMENT PROGRAM CERTIFICATION OF OWNERSHIP/ CONSENT TO IMPROVEMENTS Uwe, rr ( k E A/k L L ("Property Owner") hereby certify that (list all owners) is/are the Owner(s) of record of certain commercial real property commonly known as 303 /4 ( 6(-t'L44-y✓tl (address), National City, California. As Property Owner(s), we further certify that to the best of our knowledge, there are no current code enforcement actions pending against the real property described above. I/We declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed this /Y" day of S , 200 6, in National City, California. By wit fr l)4-L1.0 (Property Owner) //. 'I (Signature) (Print Name) Page 1 of 1 Exhibit A DO NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE AND THE DEED OF TRUST SECURING IT MUST BE SURRENDERED TO TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. National City, California NOTE SECURED BY DEED OF TRUST ("Note") Sip � S 2006 1. Principal and Interest. a. FOR VALUE RECEIVED, and in consideration of the Facade Improvement Agreement ("FIA") of even date herewith, by and between the Community Development Commission of the City of National City, ("CDC") and Mike N. Dallo and Mona Dallo ("Maker"), Maker promises to pay to CDC, or order, at 1243 National City Boulevard, National City, California 91950, or such other place as the holder may from time to time designate by written notice to Maker, the principal sum of THREE HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED TWENTY AND NO/100 DOLLARS ($347,320.00), or so much as is paid to the contractor for work completed, together with accrued interest from the date of loan and unpaid principal at the simple interest rate of Five percent (5%) per annum. This Note is issued pursuant to the FIA and the deed of trust (the "Deed of Trust"), being executed concurrently herewith, to be recorded in the office of the County Recorder of San Diego County. The Deed of Trust securing this Note and the FIA are sometimes collectively referred to herein as the "Loan Documents." All capitalized terms which are not defined herein shall have the meaning ascribed to them in the FIA. 2. Term of Loan, Due Date and Right of Prepayment. This Note may be prepaid in whole or in part at any time and, from time to time, without notice or penalty. Should the undersigned sell, convey, transfer, further encumber, or dispose of the Property described in the Deed of Trust, or any part of it, or any interest in it, without first obtaining the written consent of CDC, or the then holder of this Note, then all obligations secured by this Note may be declared due and payable, at the option of CDC, or the then holder of this Note. CDC reserves the right to approve all sales, transfers, conveyances, additional encumbrances, or dispositions of the real property. Consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. If such a sale, transfer, further encumbrance, disposition, conveyance or transfer is approved by CDC, then upon the sale, transfer, Page 1 of 5 further encumbrance, conveyance, transfer all accrued but unpaid interest on this Note shall be paid to CDC, at the option of the CDC, or holder of this Note. The CDC and the undersigned agree that if the improvements detailed in the awarded "Contractor's Agreement and Scope of Work" on the REAL PROPERTY commonly known as Foodland Market located at 303 Highland Avenue in the City of National City, are maintained by the Maker for at least five (5) years from the Completion Date of the improvements as determined by the CDC; the Loan will be forgiven including principal and interest and the undersigned shall not be required to repay the loan to the CDC as further detailed in the Facade Improvement Agreement referenced and incorporated hereto. Interest shall be 5% per annum simple interest retroactive to the date of the Loan. Any payments received shall first be applied first to accrued interest then to the principal. No payments are due during the term of this loan, unless the loan is accelerated due to conditions mentioned hereinabove and in the Facade Improvement Agreement. 3. Security for Note. This Note is secured by the Deed of Trust of even date herewith executed by Maker, which creates a lien on that certain real property described therein and by the Loan Documents. 4. Acceleration Upon Default. In the event of any default under the terms of this Note after the expiration of all applicable cure periods, as set forth in the FIA and the Deed of Trust, at the option of the holder of this Note, and after written notice to Maker providing Maker with thirty (30) days in which to cure any default, all principal and interest due under this Note and the Note shall immediately become due and payable, without further notice. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of any subsequent default. 5. Costs Paid by Maker. Maker agrees to pay the following costs, expenses, and attorneys' fees paid or incurred by the holder of this Note, or adjudged by a court: (a) reasonable costs of collection, costs, and expenses, and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed; and (b) costs of suit and such sum as the court may adjudge as attorneys' fees in any action to enforce payment of this Note or any part of it. 6. Payment and Interest Calculation. Principal and interest shall be payable in lawful money of the United States of America. Interest shall be computed based on a 360-day year and 30-day month and the actual number of days elapsed. Payments shall be applied to interest first and then to any unpaid principal balance. 7. Incorporation of the FIA. Page 2 of 5 The provisions of the FIA are expressly incorporated in this Note by this reference. 8. Waiver. Maker hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of this Note, and expressly agrees that, without in any way affecting the liability of Maker hereunder, CDC may extend any maturity date or the time for payment of any installment due hereunder, accept additional security, release any party liable hereunder and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Note, or on any deed of trust, security agreement, guaranty or other agreement now or hereafter securing this Note. 9. Non -Recourse. (a) This Note is non -recourse to Maker. (b) Maker shall indemnify, defend, protect and hold CDC harmless from and against any and all loss, damage, liability, action, cause of action, cost or expense (including, without limitation, reasonable attorneys' fees and expenses) incurred by CDC as a result of any (i) fraud or material misrepresentation under or in connection with the Loan or any Loan Document; (ii) intentional bad faith waste of the real property more particularly described in the Deed of Trust; (iii) losses resulting from Maker's failure to maintain insurance as required under the Deed of Trust; and (iv) misapplication of any rents, security deposits, insurance proceeds, condemnation awards or any other proceeds derived from the collateral security in a manner prohibited by the Loan Documents. CDC shall promptly provide Maker with written notice of any event for which Maker has an indemnification obligation as provided in this Paragraph 9(b). 10. Late Charge. In addition to the foregoing, if any installment due hereunder, including but not limited to the final "balloon payment" due on maturity, is not paid within fifteen (15) days from the date due, Maker promises to pay a "late charge" of five percent (5%) of the installment so overdue to defray the expense incident to handling any such delinquent payment or payments. 11. Severability. If any provision of this Note is determined to be void by court of competent jurisdiction, such determination shall not affect any other provision of this Second Advance Note, and such other provisions shall remain in full force and effect. 12. Non -Waiver. No delay in demanding or failure to demand performance hereunder shall constitute a waiver by holding of its right to subsequently demand such performance or to exercise any remedies for any default hereunder. Further, in order to be effective, any waiver of any of CDC's rights and remedies Page 3 of 5 hereunder shall be expressed in a writing signed by CDC. Further waiver by CDC of any right hereunder shall not constitute a waiver of any other right, including but not limited to the right to exercise any and all remedies for a different or subsequent event of default hereunder. 13. Replacement Note. The undersigned agrees that, in the event that this Note shall become lost or stolen, upon request of CDC, the undersigned shall execute a replacement Note incorporating the terms hereof, provided that CDC shall furnish a written agreement to indemnify the undersigned against all losses, costs, and damages arising from a duplicative demand for payment under this Note. 14. Interpretation. This Note shall be governed and interpreted in accordance with applicable California law. Maker: Mike N. Dallo and Mona Dallo By: VII iL�i✓'l/U Print Name: W I KE Dkt L) Its: 0 w Yip By:Ag Print ame: //10/1 f} , Its: Du. )� ✓ Page 4 of 5 State of California ) ss: County of San Diego ) On 11, 0/00 0, 2006, before me, the undersigned, a Not ry Public in and fothe 'C1 unty of San Diego, State of alifornia, personally appeared r� (k Q.. (Jt l to A- personally known to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within Note Secured by Deed of Trust and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public Page 5 of 5 SANDRA A. LARA Commission # 1478914 Notary Public - California San Diego County My Comm. Expires Apr 23, 2008 NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF A STATE AGENCY FORMED BY THE CITY OF NATIONAL CITY Recording Requested By: Community Development Commission of The City of National City Economic Development Division 1243 National City Blvd National City, CA 91950 And When Recorded Mail To: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd. National City, CA 91950 DEED OF TRUST THIS DEED OF TRUST is made this ti day of $ep2VY1 h9v2006, by MIKE N. DALLO AND MONA DALLO, whose address is 5075 Federal Boulevard, San Diego, CA 92102, ("Trustor"), to Chicago Title Company, a California corporation ("Trustee"); for the benefit of the Community Development Commission of the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950; TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County ,.c en^ nigan State of California, described as: 3 °Y (See Legal Description - Exhibit "i FOR THE PURPOSE OF SECURING: (1) Payment of the indebtedness evidenced by a promissory nc by Trustor, in the principal sum of THREE HUNDRED FORT' HUNDRED TWENTY AND NO/100 DOLLARS ($347,320.00 Cr- 1 Please Sign & Return I modification of the promissory note (the "Note"); (2) Any additional sums and interest that may hereafter be loaned to the then record owner of the Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so secured; and (3) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: Maintenance and Repair (1) To keep the Property in good condition and repair; not to remove or demolish any buildings on the Property; to complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged, or destroyed on the Property; to pay when due all claims for labor performed and materials furnished for the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer, or permit any act upon the Property in violation of law; and to cultivate, maintain the landscaping, and do all other acts that from the character or use of the Property may be reasonably necessary. Fire Insurance (2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust and in any order determined by Beneficiary, or at the option of Beneficiary the entire amount so collected or any part of that amount may be released to Trustor, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Defense of Security (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. Payment of Liens and Taxes 2 (4) To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses of this Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. Reimbursement of Costs (5) To pay immediately and without demand all sums expended by. Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any beneficiary statement requested by Trustor or any other beneficiary of a Deed of Trust encumbering the Property regarding the obligation secured by this Deed of Trust. Obligations of Trustor (6) That Trustor will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. (7) That the Facade Improvement Agreement referred in the Note is incorporated herein by reference and made a part of this Deed of Trust. (8) To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. 3 B. TRUSTOR AGREES THAT: Condemnation Award (1) Any award of damages in connection with any taking or condemnation, or for injury to the Property by reason of public use, or for damages for private trespass or injury to the Property, is hereby assigned and shall be paid to Beneficiary, as its interest may appear as further security for all obligations secured by this Deed of Trust, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. Waiver of Late Payments (2) By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. Trustee's Powers (3) Upon written request of Beneficiary and presentation of this Deed of Trust, Trustee may (a) reconvey all or any part of the Property; (b) consent to the making and recording, or either, of any map or plat of all or any part of the Property; (c) join in granting any easement on the Property; or (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust. Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the lien of this Deed of Trust on the remaining property as security for the repayment of the full amount secured by this Deed of Trust. Full Reconveyance (4) Upon written request of Beneficiary stating that all obligations secured by this Deed of Trust have been performed in full, surrender of this Deed of Trust, any notes secured by this Deed of Trust to the Trustee for cancellation and retention, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. Absent manifest error, the recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of the full reconveyance, Trustee may destroy the Note and this Deed of Trust, unless directed in the request to retain them. 4 Assignment of Rents (5) As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the. Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do. the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Default in Foreclosure (6) Upon default by Trustor in the payment of any indebtedness secured by this Deed of Trust or in the performance of any obligation under this Deed of Trust for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. Beneficiary also shall deposit with Trustee this Deed of Trust, a copy of the Agreement, and all other documents evidencing obligations secured by this Deed of Trust. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. Absent manifest error, the recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply he proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. Further Encumbrances (7) Should the trustor agree to or actually sell, convey, transfer, or dispose of, or further encumber the Property, or any part of it, or any interest in it (each, a "Transfer"), without first obtaining the written consent of the Beneficiary, then all obligations secured by the Deed of Trust may be declared due and payable, at the option of the Beneficiary, unless such Transfer is permitted under Section 603 of the OPA (as defined in the Note). Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. General Provisions (8) This Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean the Community Development Commission of the City of National City, and the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. Acceptance by Trustee (9) Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. Substitution of Trustees (10) Beneficiary, or any successor in ownership of any indebtedness secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Cumulative Powers and Remedies (11) The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and 6 remedies may be exercised singly, successively, or together, and as often as dcv.ned necessary. Conclusiveness of Recitals (12) The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. Attorneys' Fees (13) If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. Co -trustees (14) If two or more persons are designated as Trustees in this Deed of Trust, any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor' s heirs and assigns. Request for Notices of Default and Sale (15) In accordance with Section 2924b of the California Civil Code, request is hereby,made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd. National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth above. 7 Reasonable Inspection (17) Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, with at least 24 hours advance notice. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. Hazardous Materials (18) For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and any materials or substances defined as hazardous materials, hazardous substances or toxic substances in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended (42 U.S.C. §9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. §1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), and those substances defined as hazardous wastes in §25117 of the California Health and Safety Code or as hazardous substances in §25316 of the California Health and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (19) In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct 8 . . oi rni any L aza dulls Materials) S regardless of vehe ter or not :::.fused by or r\'t`. ;In the control of Trustor. Notwithstanding the foregoing, Trustor's obligations under this section shall not apply to any losses, liabilities, damages, injuries, costs, expenses, or claims which arise out of or relate to Hazardous Materials which are generated, released or stored on the Property after the date that Beneficiary takes possession thereof. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the note secured hereby. Continuing Obligations (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. Successor Owners (20) Each successor owner of an interest in the Property other than through foreclosure or deed in lieu of foreclosure, shall take its interest subject to this Deed of Trust. Governing Law (21) This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. 9 TRUSTOR: MIKE N. DALLO AND MONA DALLO By: 1144 "V V �1C ��✓' F Print Name: /Yf ( 17AZ(D Its: By: 4 Print Na e: tYlO/7 / 44/ 0 Its: poi I'1-P t� 10 PARCEL 1: Exhibit. "A" Legal Description THE SOUTHERLY HALF OF THE EASTERLY HALF OP THE WESTERLY HALF, THE SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF AND THE WESTERLY QUARTER OF THE SOUTHERLY HALF OF 20 ACRE LOT 2 OF QUARTER SECTION 131 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 BY MORRIIL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. EXCEPTING FROM SAID WESTERLY QUARTER OF THE SOUTHERLY HALF, THE SOUTHERLY 240 FEET THEREOF AND THE WESTERLY 40 FEET THEREOF. ALSO EXCEPTING THAT PORTION OF THE PROPERTY DESCRIBED ABOVE WHICH LIES EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF OF 20 ACRE LOT 2, WHICH IS DISTANT WESTERLY 172.50 FEET FROM THE NORTHEASTERLY CORNER OF SAID SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT IN THE SOUTHERLY LINE OF SAID 20 ACRE LOT 2, WHICH IS DISTANT THEREON 171.46 FEET WESTERLY FROM THE SOUTHEASTERLY CORNER OF THE WESTERLY HALF OF SAID LOT. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR DRAINAGE PURPOSES, OVER A STRIP OF LAND 6 FEET WIDE IN 20 ACRE LOT 2 OF QUARTER SECTION 131 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 BY MORRIIL, FILED IN THE OFFICE OF THE COUNT Y RECORDER OF SAN DIEGO COUNTY, THE CENTER LINE OF SAID 6 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTLY LINE OF THE SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF OF SAID 20 ACRE LOT 2, WHICH IS DISTANT THEREON 172.50 FEET FROM THE NORTHEASTERLY CORNER OF SAID SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF, BEING THE NORTHERLY TERMINUS OF THE STRAIGHT LINE WHICH CONNECTS SAID POINT OF BEGINNING WITH A POINT IN THE SOUTHERLY LINE OF SAID 20 ACRE LOT 2 WHICH IS DISTANT 171 • 46 FEET WESTERLY FROM THE SOUTHEASTERLY CORNER OF THE WESTERLY HALF OF SAID LOT; THENCE SOUTHERLY ALONG SAID STRAIGHT CONNECTING LINE, 90.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY IN A STRAIGHT LINE TO A POINT IN SAID NORTHERLY LINE OF THE SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF, WHICH IS DISTANT THEREON WESTERLY 103 • 46 FEET FROM SAID NORTHEASTERLY CORNER OF THE SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF OF SAID LOT, SAID 6 FOOT STRIP BEGINNING IN THAT STRAIGHT CONNECTING LINE DESCRIBED ABOVE AND ENDING IN SAID NORTHERLY LINE OF THE SOUTHERLY HALF OF THE WESTERLY HALF OF THE NORTHERLY HALF OF SAID LOT 2 11 ACKNOWLEDGMENT State of California ) County of San Diego ) ROU On Q,f.I? , before me, ,CtndIn W-L_L,irra personally appeared, \)C pa < < 0 ik-N Y14 0 NA D A (I 0 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument "DEED OF TRUST" and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) SANDRA A. LARA Commission # 1478914 Notary Public - California San Diego County My Comm. Expires Apr 23.2008 12 Community Development Commission COUNCIL AGENDA STATEMENT MEETING DATE: October 3, 2006 AGENDA ITEM NO. I -ITEM TITLE: Resolution of the Community Development Commission authorizing the Chairman to execute an agreement between the Community Development Commission and Mike and Chris Dallo, owners of Foodland, and au- thorizing the expenditure of $347,326 from redevelopment funds for the improvements to Foodland Market located at 303 Highland Avenue. 29 PREPARED BY: DEPARTMENT: Community Development Commission Angela Nazareno EXPLANATION: In August of 2005, Council approved the Foodland project at an estimate of $250,000. On August 9th, 2006, staff re- ceived three bids and Healy Construction won the bid. The increase in construction costs were anticipated and thus budgeted in the CDC's Economic Development Division's Storefront Program FY06/07 budget. The total cost for the work is estimated at $347,326. This amount includes the proposed lowest bid amount ($290,326), approximately 5% ($14,000) for field engineering, approximately 5% ($14,000) for material testing, and approximately 10% ($29,000) for Contingencies. I Environmental Review: X N/A Financial Statement: Funds are available in FY06/07 CDC's Economic Development Division in the Facade Program's budget for $347,326 from redevelopment funds in account # 900731. Account NO. q6 6 73/ STAFF RECOMMENDATION: 1) Adopt a resolution authorizing the expenditure of the improvements to Foodland Market for $347,326. BOARD/COMMISSION RECOMMENDATION: N/A J .TTACHMENTS (Listed Below) 1. Resolution 2. Agreement Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A FACADE IMPROVEMENT AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MIKE AND CHRIS DALLO, OWNERS OF FOODLAND MARKET FOR FACADE IMPROVEMENTS, AND AUTHORIZING THE EXPENDITURE OF $347,326 FOR SUCH IMPROVEMENTS WHEREAS, the Community Development Commission of the City of National City (CDC) is in charge of administrating the Facade Program whose goal is to revitalize the older commercial buildings within the Redevelopment Area; and WHEREAS, the owners of Foodland Market, located at 302 Highland Avenue, have committed to improving their property; and WHEREAS, in 2005, the City Council approved the improvement project, and CDC thus budgeted $250,000 for the improvements; and WHEREAS, the CDC, in anticipation of the increase of costs for construction, allocated additional funding to the Foodland project budget for FY06/07; and WHEREAS, the expenditure of funds for the improvements to Foodland Market is not to exceed $347,326 from the CDC's current FY06/07 Economic Development's fiscal budget (Fund # 900731). NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission board hereby authorizes the expenditure of funds in an amount not to exceed $347,326 for the improvements to Foodland Market located at 303 Highland Avenue. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute a Facade Improvement Agreement between the Community Development Commission of the City of National City and Mike and Chris Dallo, the owners of Foodland Market. PASSED and ADOPTED this 3rd day of October, 2006. Nick Inzunza,Chairman ATTEST: APPROVED AS TO FORM: Chris Zapata, Secretary George H. Eiser, III Legal Counsel FACADE IMPROVEMENT AGREEMENT THIS AGREEMENT, is made between the Community Development Commission of the City Of National City hereafter referred to as the "CDC", and RENE GUZMAN AND ILDIFONSO CARRILLO, hereafter referred to as the Property Owner" and CHICANO PERK, hereafter referred to as the Participant", located at 616 NATIONAL CITY BOULEVARD in National City, California. RECITALS 1. The CDC desires to stimulate private investment in the City's Commercial Districts. 2. The CDC believes that investment on improvements visible to customers, neighboring merchants, and residents will beautify the commercial corridors and increase the volume of business by making the districts and individual businesses more attractive. 3. The CDC has adopted and established a Commercial Facade Improvement Program (The Program) to assist property and business owners to improve their properties located in designated areas of the City of National City. 4. The designated areas of the City of National City are major commercial streets in the Redevelopment Area. 5. The parties acknowledge that in utilizing The Program to make improvements to the property, the participant may be require to follow State Prevailing Wage Rates Requirements. 6. The CDC and the City of National City have determined that the property subject to this Agreement is located in the Redevelopment Area and is eligible to participate in the Program. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, the CDC and the Property Owner agree as follows: AGREEMENT I. DEFINITIONS The following terms shall have the following meanings whenever used in this Agreement, except where the context clearly indicates otherwise. Any ambiguity as to the intended meaning or scope of the terms set forth below will be resolved solely by the CDC through its designated representative. Page 1 of 8 -Completion Date is dciincd as the date that the coniractoi` has finished the physical improvements per the Contractor's agreement and Scope of Work and to the satisfaction of the CDC, as evidenced by final inspection and sign off by a City's building inspector. 2. Facade is defined. as the exterior of a commercial building visible from the public street, and excludes all else, unless otherwise determined by the Economic Development Manager. 3. The Property is defined as the unit of real property as identified within the County Recorder's documents which will be improved pursuant to this agreement. For purposes of this agreement, the Property is that real property commonly known as 616 National City Boulevard, National City. 4. Program Manager is defined as the CDC's designated representative for the Commercial Facade Improvement Program. 5. Project is defined as the total improvements made to subject property outlined in the Contractor's Scope of Work and approved by the Program Manager. 6. Total Cost Expenditure is defined as the total actual costs incurred by and paid for completing the project. 7. Contractor is defined as a California Licensed General Contractor selected through the bidding process to complete the improved at the project address. Contractor is to provide proof of license and insurance to the City at time of the bid process. 8. Participant is defined as the Property and/or Business Owner of the said property in which the Facade improvements are made. 9. Property Owner is defined as the person(s) on Title of the property as shown on the records of the San Diego County Recorders Office and identified on the Certificate of Ownership form (Exhibit A). 10. Request for Proposal (RFP) is defined as all City, Contractor, and Architect documents which detail the improvements on the subject property. H. CERTIFICATION OF OWNERSHIP The Property Owner of the Property agrees to the improvements to the Property pursuant to this Agreement and has signed the Certificate of Ownership, attached as Exhibit A and by this reference made a part of this Agreement. Page 2 of 8 LH. CONSENT OF PARTICIPANT The Participant consents to the construction of improvement on the Property which are contemplated by this Agreement. IV. PROPERTY OWNER'S RESPONSIBILITIES 1. The Property Owner shall submit an application form to the Program Manager. 2. The Property Owner shall meet with the Program Manager and the architect designated by the Program Manager to discuss the design for the facade improvements. 3. The Property Owner shall sign the architectural rendering prepared by the designated architect and, by signing, accept the design for the facade improvements. The architectural rendering is attached as Exhibit B and by this reference made part of this Agreement. 5. For those projects which may qualify as Historic Preservation Projects, Property Owner shall provide all documentation requested by the Program Manager to make such a determination. Property Owner must have been designated by the Historic Resources Board as owning a designated historic structure or classified as a contributing structure, or be included on a locally defined historic building inventory in a designated historic district, and that any improvements be consistent with the historical character of the property. 6. The Property Owner agrees to maintain the improvements made pursuant to this agreement in good condition, and to repair or replace any damage which occurs to the improvements, for a period of five (5) years following the completion date of the improvements as agreed upon by the CDC. 7. The Property Owner agrees to not increase the rent to the tenants for a period of five (5) years following the completion date of the improvements. V. LOAN TO PROPERTY OWNER 1. The CDC hereby makes a Loan in the amount of $50,000 to the PROPERTY OWNER, RENE GUZMAN AND ILDIFONSO CARRILLO for the purpose of rehabilitating the Facade at 616 National City Boulevard (the PROPERTY). Said Loan is subject to be immediately repayable to the CDC if the PROPERTY is sold, leased, conveyed, refinanced(except for refinances involving existing secure debt which is in a superior position to the CDC Loan secured by this Page 3 of 9 Agreement), vacated, transferred, assigned, alienated, or hypothecated within five (5) years from the Completion Date of the improvements as defined and at the option of the CDC. VI. CONDITIONS OF LOAN / LIEN 1. The Property Owner and CDC agree that if the improvements detailed in Exhibit E, the "Cost Estimate for Improvements" on the PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained for at least five (5) years from the Completion Date of the improvements; the Loan will be forgiven and the Property Owner shall not be required to repay the loan to the CDC. However, should the PROPERTY be sold, hypothecated, vacated, leased, transferred, assigned, or alienated, or if it is determined by the CDC that the facade improvements describe hereinabove are not maintained per this agreement for at least five (5) years from the Completion Date of the improvements, then this Loan shall be repayable in full by the Property Owner to CDC, upon demand, with interest. Interest shall be 5% per annum simple interest retroactive to the date of the Loan. Any payments received shall first be applied first to accrued interest then to the principal. VII. RECORDATION OF AGREEMENT 1. The Property Owner and the CDC agree that this Facade Improvement Agreement shall be recorded in the Office of the County Recorder and shall constitute constructive notice to the public that upon sale, hypothecation, assignment, lease, transfer, or alienation less than five (5) years from the Completion Date of the Improvements, the Loan shall be repayable with interest retroactive to the date of the Loan. 2. If the improvements detailed in Exhibit E, "Cost Estimate for Improvements" on the PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained for at least five (5) years from the Completion Date of the improvements as determined by the CDC, then the Loan as referenced herein, shall have no further force and effect upon the PROPERTY and the CDC shall execute and RECORD a full reconveyance of the title any and all documents necessary to clear title to the PROPERTY upon the request of the Property Owners. VIII. CDC'S RESPONSIBILITIES 1. The Economic Development Manager shall meet with the architect and the Property Owner to discuss designs for the facade improvements. Page 4 of 9 2. The CDC shall be responsible for hiring the Contractor from the RFP process licensed by the California Contractors State License Board to complete the improvement work, as identified by the RFP. 3. The CDC shall be responsible for all payments to the Contractors or other third parties. The sole source of funding for such payments shall be the Loan/Grant referred to hereinabove. 4. The Economic Development Manager shall ensure that the improvements were completed in accordance with the architectural rendering in Exhibit B. 5. The Economic Development Manager shall review the final bill and receipts submitted by the Contractor and, if all the obligations under this Agreement have been met, shall issue full payment within thirty days of receipt. IX. TIME OF PERFORMANCE The parties anticipate that the Contractor shall complete the facade improvements within 6 MONTHS of the date of this agreement and that the Contractor shall submit final bills and receipts to the Economic Development Manager no later than thirty days after the Completion Date. X. PROJECT FUNDING The CDC has determined that this Project qualifies for Redevelopment Funds. The CDC agrees to pay the Total Cost Expenditure not to exceed $50,000, pursuant to the Loan/Grant referred to hereinabove, provided that the Property Owner complies with the conditions of the loan set forth in Section VI, herein. XI. ORAL REPRESENTATIONS; INTEGRATION This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms of this Agreement, and no verbal understanding of the parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to by both Parties in writing. All prior negotiations and agreements are merged into this Agreement. XII. CHANGES OR AMENDMENTS TO AGREEMENT All amendments to this Agreement shall be in writing signed by the Property Owner, Participant and the CDC. Page 5 of 9 This Agreement is executed by The Community DeN'elopment Commission (CDC) of the City of National City acting by and through its Commissioners, and by the Property Owners and the Participant. Dated this day of , 2006. COMMUNITY DEVELOPMENT COMMISSION (OWNER) I APPROVE the form and legality of this Agreement this day of , 2006. GEORGE EISER, City Attorney By Assistant City Attorney Dated this �l V day of • , 2006. Dated this 1 g day of , 2006. By Chris Zapata, Executive Director PROPERTY OWNER: Print Name:.: `tom b ` " t\ k By`� Print Name: CHICANO PERK COFFEE (Participant): Print Nam 'Cg(S\f‘' CO- C O Officer Title: CV.) Yam\ B Print Name: h`{ � (,�- /-) Officer Title: Page 6 of 8 A -Certificate of Ownership B-Architectural Rendering C-Deed of Trust D-Note E- Cost Estimate EXHIBITS: Page 7 of 8 State of California ) ) ss: County of San Diego ) On J' as , 2006, before Margarita Luna, the undersigned, a Notary Public in and for the County of San Diego, State of California, personally appeared lldifonso Carrillo personally known to me on the basis of satisfactory evidence, to be the person('jwhose name( i, Yare subscribed to the within Facade Improvement Agreement Affecting Real Property and acknowledged to me that 6/she/they executed the same in hi /lwr/t1 eir authorized capacity(ii), and that by their signature( on the instrument the personM or the entity upon behalf of which the persoi'J acted, executed the instrument. Witness my hand and official seal. c. Notary P lic Page 8 of 8 MARGARITA LUNA Commission # 1611272 Notary Public -Cornia San Ologo CounW MyConran.INp r,.Feb26.201 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of )A) Dc.D On 4f/2 f=?L0(-O before Date personally appeared SS. me, /ti)3 1t2/77 J UN�I Afcv 9'-y J Name and and Title of Officer (e.g., "Jane Doe, Notary Public") _11 /Fcfi- .) 5442/21--b Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(,s whose name aresubscribed to the within instrument and acknowledged to me that ( t�i'sl4e/ttt executed the same in [i /het -/tapir authorized capacity(i), and that by '' tbeY/tbeir • signature on the instrument the personW, or the entity upon behalf of which the person(ta'' acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: !c E acitrri✓ Document Date: 0-// a, Number of Pages: Signer(s) Other Than Named Above: /L' ed Gt/2/7/410 Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 2 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 RIGHT THUMBPRINT OF SIGNER Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 COMivIUNITI DEVELOPMENT COMMISSION FACADE IMPROVEMENT PROGRAM CERTIFICATION OF OWNERSHIP/ CONSENT TO IMPROVEMENTS vW Cat f\ k\ y ("Property Owner") hereby certify that 1A�P (list all owners) is/are the Owner(Q of rec of c rtain commercial real property commonly known as fn\ b )-• i::)\•NA (address), National City, California. As Property Owner(s), we further certify that. to the best of our knowledge, there are no current code enforcement actions pending against the real property described above. I/We declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed this M day of , 200-,,in National City, California. (Property Owner) Page 1 of 1 (Print Name) Exhibit A ■ w e e 4 M. e e r 4 e ■ • r 4 •■ er r ■ ■ r e 4 Y r M. ■ ■ OM r■ OM -•■ 4■, AM., r!-':A •• MA 4• • r•. r•. 4 ■ r e 4 ■ ■ r ■ ■ r ■ ■ rO IN .. ■ 4 4 r 4 ■ ■ r ■ ■ ■ ■ r �'/ ■ ' r ■ ■ 4 ■ M r ■ ■ ■ ■ r ■ 4 ■ ■ r 4 ■: ■. r ■ ■ e r r ■ ■ 4 r ■ ■ ■ ■' 4 ■s 4 • ■ et a et ■ a r 4 4 4 r e 4■ ■ M' ■ 4 4'. re ' r. r' ■ ata a r., r, it, :.. r R ar 9r ® r4 a4 q li •a e• • r r ■ ■ 4 ■ tl r ■ r r ■ r 4 ■ r 4' • ■ min r ■ ■ r ■ r • ■ 4 ■ r ■ ■ r :.. tl ■ r.. r OM 4 ■ 4 4 r 4r'4 ■ 4 '■ Al 4a. 4. M. . ■... 9. •.. M. N. 2.. M. O. ■.. M. tl. O. O. E. M. 4 4 4 4 • ._. ... M. W. M. M. V. 4a M. 4.. M. M. •s ■.. ■. ram ■.. ®.�_ CHICANO PERK 616 NATIONAL CITY BOULEVARD FACADE ESTIMATE Cost estimates for Chicano Perk facade improvement: Metal Logo Sign: $14,617.00 Canopy Structure with Enamel Painted Artwork Design: $27,000.00 Laser -cut or waterjet cut Support Posts: eliminated Painting: $4,383.00 Liohtinq: $4,000.00 Total: $50,000 EXHIBIT E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of q a D ,U bi z On /'"t9`OLP , before personally Date appeared me, P4464/ "413- I1.1 I Y 1 Name and Title of Officer (e.g., "Jan(Doe, Notary Public") Q'u-4M,4t) Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me roved to me on the basis of satis actory evidence e the person((((((uhose nam' -I� subscribed he within instrument and acknowledged to me that _ ay- executed the same in er/th authorized capacity(, and that by ' - /t/off signature,(4 on the instrument the person(), or the entity upon behalf of which the personksi acted, executed the instrument. TINES my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documen^ 1 lfFM- feemj— Title or Type of Document: /7if✓ Document Date: 106 Signer(s) Other Than Named Above: Number of Pages: _720 /f 50 C'A4_12-eLt7 Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited 0 General ❑ Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑❑❑❑❑❑❑ Signer's Name: Individual Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Cell Toil -Free 1-800-876-6827 NO CHARGE ON THIS DOCUMENT FOR THE BENEFIT OF A STATE AGENCY FORMED BY THE CITY OF NATIONAL CITY Recording Requested By: Community Development Commission of The City of National City Economic Development Division 1243 National City Blvd National City, CA 91950 And When Recorded Mail To: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd. National City, CA 91950 DEED OF TRUST THIS DEED OF TRUST is made this }g day of k62/1., 2006, by RENE GUZMAN AND ILDIFONSO CARRILLO, whose address is 137 25th Street, Diego, CA 92102, ("Trustor"), to Chicago Title Company, a California corporation ("Trustee"); for the benefit of the Community Development Commission of the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950; TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as: (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) Payment of the indebtedness evidenced by a promissory note of even date herewith executed by Trustor, in the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), and any renewal, extension, or modification of the promissory note (the "Note"); 1 (2) Any additional sums and interest that may hereafter be loaned to the then record owner of the Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so secured; and (3) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: Maintenance and Repair (1) To keep the Property in good condition and repair; not to remove or demolish any buildings on the Property; to complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged, or destroyed on the Property; to pay when due all claims for labor performed and materials fumished for the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property; not to commit or permit waste of the Property; not to commit, suffer, or permit any act upon the Property in violation of law; and to cultivate, maintain the landscaping, and do all other acts that from the character or use of the Property may be reasonably necessary. Fire Insurance (2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust and in any order determined by Beneficiary, or at the option of Beneficiary the entire amount so collected or any part of that amount may be released to Trustor, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of, such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. This application or release shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Defense of Security (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. Payment of Liens and Taxes 2 (4) To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses of this Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed .of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. Reimbursement of Costs (5) To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any beneficiary statement requested by Trustor or any other beneficiary of a Deed of Trust encumbering the Property regarding the obligation secured by this Deed of Trust. Obligations of Trustor (6) That Trustor will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. (7) That the Fagade Improvement Agreement referred in the Note is incorporated herein by reference and made a part of this Deed of Trust. (8) To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. TRUSTOR AGREES THAT: 3 Condemnation Award (1) Any award of damages in connection with any taking or condemnation, or for injury to the Property by reason of public use, or for damages for private trespass or injury to the Property, is hereby assigned and shall be paid to Beneficiary, as its interest may appear as further security for all obligations secured by this Deed of Trust, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. Waiver of Late Payments (2) By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. Trustee's Powers (3) Upon written request of Beneficiary and presentation of this Deed of Trust, Trustee may (a) reconvey all or any part of the Property; (b) consent to the making and recording, or either, of any map or plat of all or any part of the Property; (c) join in granting any easement on the Property; or (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust. Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the lien of this Deed of Trust on the remaining property as security for the repayment of the full amount secured by this Deed of Trust. Full Reconveyance (4) Upon written request of Beneficiary stating that all obligations secured by this Deed of Trust have been performed in full, surrender of this Deed of Trust, any notes secured by this Deed of Trust to the Trustee for cancellation and retention, and payment of Trustee' s fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. Absent manifest error, the recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of the full reconveyance, Trustee may destroy the Note and this Deed of Trust, unless directed in the request to retain them. 4. Assignment of Rents (5) As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Default in Foreclosure (6) Upon default by Trustor in the payment of any indebtedness secured by this Deed of Trust or in the performance of any obligation under this Deed of Trust for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. Beneficiary also shall deposit with Trustee this Deed of Trust, a copy of the Agreement, and all other documents evidencing obligations secured by this Deed of Trust. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. Absent manifest error, the recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; 5 ail other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. Further Encumbrances (7) Should the trustor agree to or actually sell, convey, transfer, or dispose of, or further encumber the Property, or any part of it, or any interest in it (each, a "Transfer"), without first obtaining the written consent of the Beneficiary, then all obligations secured by the Deed of Trust may be declared due and payable, at the option of the Beneficiary, unless such Transfer is permitted under Section 603 of the OPA (as defined in the Note). Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. General Provisions (8) This Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean the Community Development Commission of the City of National City, and the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. Acceptance by Trustee (9) Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. Substitution of Trustees (10) Beneficiary, or any successor in ownership of any indebtedness secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Cumulative Powers and Remedies (11) The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 6 Conclusiveness of Recitals (12) The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. Attorneys' Fees (13) If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. Co -trustees (14) If two or more persons are designated as Trustees in this Deed of Trust, any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor's heirs and assigns. Request for Notices of Default and Sale (15) In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and.a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd. National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth above. Reasonable Inspection 7 (17) Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, with at least 24 hours advance notice. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. Hazardous Materials (18) For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and any materials or substances defined as hazardous materials, hazardous substances or toxic substances in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended (42 U.S.C. §9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. § 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), and those substances defined as hazardous wastes in §25117 of the California Health and Safety Code or as hazardous substances in §25316 of the California Health and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (19) In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither tht Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of 8 Trustor. Notwithstanding the foregoing, Trustor's obligations under this section shall not apply to any losses, liabilities, damages, injuries, costs, expenses, or claims which arise out of or relate to Hazardous Materials which are generated, released or stored on the Property after the date that Beneficiary takes possession thereof. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the note secured hereby. Continuing Obligations (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. Successor Owners (20) Each successor owner of an interest in the Property other than through foreclosure or deed in lieu of foreclosure, shall take its interest subject to this Deed of Trust. Governing Law (21) This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. TRUSTOR: 9 ILDIFONSO CARRILLO AND RENE GUZMAN Print Name: Its: By ' �-- ��— Print Name: - y\rP _ c_t .1'Vk ✓7 Its: 10 Exhibit "A" Legal Description All of lots 17 and 18 excepting therefrom the Westerly 45 feet thereof, and excepting therefrom the Southerly 15 feet of Lot 17 thereof, in Block 7 of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348, filed in the office of the County Recorder of San Diego County, October 2, 1882. 11 31 California County of On . ifPrai,I%3t5,2. /4 LYzv personally Date appeared before me, Luic -,, y Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) NIARGP lftl► tIMM Comm Won ! 1641272 May Public - CaWoad° San Mow eau* PAyCanra. : Feb25.201 Place Notary Seal Above ❑ personally known to me proved to me on the basis of satis . ctory evidence to be the person whose namaKt..subscribed to the within instrument and acknowledged to me that he/she/they executed the same in /tfTgir authorized capacity(te5), and that by ggdr/t1 r signature( on the instrument the person ), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official .° Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document \\ Title or Type of Document: �JGG/J Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: E Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here DF 7.ST Number of Pages: Signer's Name: Li Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of humb here 2004 National Notary Association • 9350 De Sato Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 ltenr No. 5907 Reorder Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On b if /9;JUa(p before Date personally appeared me, Name and Title of Officer (e.g., "Jane Doe, Notary Public") z444-A.) Name(s) of Signer(s) Place Notary Seal Above ❑ personally known to me A proved to me on the basis of satisfactory evidence to be the person) whose nam yam' are subscribed to the within instrument and acknowledged to me that /stie/th .y executed the same in theetlierir authorized capacity(ie), and that by aielfilbeir signature(son the instrument the person(s)., or the entity upon behalf of which the person(sfacted, executed the instrument. TNESS my hand and official seal. OPTIONAL `/i Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �J Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —D Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): // El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Cl Guardian or Conservator El Other: Signer Is Representing: © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 RIGHT THUMBPRINT OF SIGNER Top of thumb here • Reorder: Call Toll -Free 1-300-876-6827 DO NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE AND THE DEED OF TRUST SECURING IT MUST BE SURRENDERED TO TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. NOTE SECURED BY DEED OF TRUST ("Note") National City, California , 2006 1. Principal and Interest. a. FOR VALUE RECEIVED, and in consideration of the Facade Improvement Agreement ("FIA") of even date herewith, by and between the Community Development Commission of the City of National City, ("CDC") and Ildifonso Carillo and Rene Guzman ("Maker"), Maker promises to pay to CDC, or order, at 1243 National City Boulevard, National City, California 91950, or such other place as the holder may from time to time designate by written notice to Maker, the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), or so much as is paid to the contractor for work completed, together with accrued interest from the date of loan and unpaid principal at the simple interest rate of Five percent (5%) per annum. This Note is issued pursuant to the FIA and the deed of trust (the "Deed of Trust"), being executed concurrently herewith, to be recorded in the office of the County Recorder of San Diego County. The Deed of Trust securing this Note and the FIA are sometimes collectively referred to herein as the "Loan Documents." All capitalized terms which are not defined herein shall have the meaning ascribed to them in the FIA. 2. Term of Loan, Due Date and Right of Prepayment. This Note may be prepaid in whole or in part at any time and, from time to time, without notice or penalty. Should the undersigned sell, convey, transfer, further encumber, or dispose of the Property described in the Deed of Trust, or any part of it, or any interest in it, without first obtaining the written consent of CDC, or the then holder of this Note, then all obligations secured by this Note may be declared due and payable, at the option of CDC, or the then holder of this Note. CDC reserves the right to approve all sales, transfers, conveyances, additional encumbrances, or dispositions of the real property. Consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. If such a sale, transfer, fur'hc encumbrance, disposition, conveyance or transfer is approved by CDC, then upon the sale, transfer, Page 1 of 5 further encumbrance, conveyance, transfer all accrued but unpaid interest on this Note shall be paid to CDC, at the option of the CDC, or holder of this Note. The CDC and the undersigned agree that if the improvements detailed in the awarded "Contractor's Agreement and Scope of Work" on the REAL PROPERTY commonly known as Chicano Perk located at 616 National City Boulevard in the City of National City, are maintained by the Maker for at Least five (5) years from the Completion Date of the improvements as determined by the CDC; the Loan will be forgiven including principal and interest and the undersigned shall not be required to repay the loan to the CDC as further detailed in the Facade Improvement Agreement referenced and incorporated hereto. Interest shall be 5% per annum simple interest retroactive to the date of the Loan. Any payments received shall first be applied first to accrued interest then to the principal. No payments are due during the term of this loan, unless the loan is accelerated due to conditions mentioned hereinabove and in the Facade Improvement Agreement. 3. Security for Note. This Note is secured by the Deed of Trust of even date herewith executed by Maker, which creates a lien on that certain real property described therein and by the Loan Documents. 4. Acceleration Upon Default. In the event of any default under the terms of this Note after the expiration of all applicable cure periods, as set forth in the FIA and the Deed of Trust, at the option of the holder of this Note, and after written notice to Maker providing Maker with thirty (30) days in which to cure any default, all principal and interest due under this Note and the Note shall immediately become due and payable, without further notice. Failure to exercise such option shall not constitute a waiver of the right to exercise it in the event of any subsequent default. 5. Costs Paid by Maker. Maker agrees to pay the following costs, expenses, and attorneys' fees paid or incurred by the holder of this Note, or adjudged by a court: (a) reasonable costs of collection, costs, and expenses, and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed; and (b) costs of suit and such sum as the court may adjudge as attorneys' fees in any action to enforce payment of this Note or any part of it. 6. Payment and Interest Calculation. Principal and interest shall be payable in lawful money of the United States of America. Interest shall be computed based on a 360-day year and 30-day month and the actual number of days elapsed. Payments shall be applied to interest first and then to any unpaid principal balance. Page 2 of 5 The provisions of the FIA are expressly incorporated in this Note by this reference. 8. Waiver. Maker hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of this Note, and expressly agrees that, without in any way affecting the liability of Maker hereunder, CDC may extend any maturity date or the time for payment of any installment due hereunder, accept additional security, release any party liable hereunder and release any security now or hereafter securing this Note. Maker further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Note, or on any deed of trust, security agreement, guaranty or other agreement now or hereafter securing this Note. 9. Non -Recourse. (a) This Note is non -recourse to Maker. (b) Maker shall indemnify, defend, protect and hold CDC harmless from and against any and all loss, damage, liability, action, cause of action, cost or expense (including, without limitation, reasonable attorneys' fees and expenses) incurred by CDC as a result of any (i) fraud or material misrepresentation under or in connection with the Loan or any Loan Document; (ii) intentional bad faith waste of the real property more particularly described in the Deed of Trust; (iii) losses resulting from Maker's failure to maintain insurance as required under the Deed of Trust; and (iv) misapplication of any rents, security deposits, insurance proceeds, condemnation awards or any other proceeds derived from the collateral security in a manner prohibited by the Loan Documents. CDC shall promptly provide Maker with written notice of any event for which Maker has an indemnification obligation as provided in this Paragraph 9(b). 10. Late Charge. In addition to the foregoing, if any installment due hereunder, including but not limited to the final "balloon payment" due on maturity, is not paid within fifteen (15) days from the date due, Maker promises to pay a "late charge" of five percent (5%) of the installment so overdue to defray the expense incident to handling any such delinquent payment or payments. 11. Severability. If any provision of this Note is determined to be void by court of competent jurisdiction, such determination shall not affect any other provision of this Second Advance Note, and such other provisions shall remain in full force and effect. Page 3 of 5 12. Non -Waiver. No delay in demanding or failure to demand performance hereunder shall constitute a waiver by holding of its right to subsequently demand such performance or to exercise any remedies for any default hereunder. Further, in order to be effective, any waiver of any of CDC's rights and remedies hereunder shall be expressed in a writing signed by CDC. Further waiver by CDC of any right hereunder shall not constitute a waiver of any other right, including but not limited to the right to exercise any and all remedies for a different or subsequent event of default hereunder. 13. Replacement Note. The undersigned agrees that, in the event that this Note shall become lost or stolen, upon request of CDC, the undersigned shall execute a replacement Note incorporating the terms hereof, provided that CDC shall furnish a written agreement to indemnify the undersigned against all losses, costs, 'and damages arising from a duplicative demand for payment under this Note. 14. Interpretation. This Note shall be governed and interpreted in accordance with applicable California law. Maker: Rene Guzman and Ildifonso By c (1. W.cc \ Print Name Its: By: • Print Name: it.-e �t 2y7 Its: Page 4 of 5 State of California ) ) ss: County of San Diego AQ9gQiTh utAt9 On - 02 /4e , 2006, before me, the-un&rsig..cd, a Notary Public in and for the County of San Diego, State of California, personally appeared . S! L /FLK.'.) .1L-1-0 personally known to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within Note Secured by Deed of Trust and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public Page 5 of 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of o3�(J i�lD On Liemexhix kt.Y1, before me, Date personally appeared }ss. Ad/wag-A M, ,ucmgyc; Name and Title of Officer (e.g., "Jane Doe, Notary Public") /4) t /0 3-ec Name(s) of Slgner(s) IIN1A Generalise • 1641272 Nobel Relic - Catl s•• Calm 2p1 Place Notary Seal Above ❑ personally known to me 'proved to me on the basis of satisfactory evidence to be the person whose name : aty: subscribed to the within instrument and acknowledged to me that he/she/they executed the same in /ttir authorized capacityA, and that by Il tl$yaiegltIIir signatures on the instrument the person, or the entity upon behalf of which the person}() acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: i( ' 1������/JJ'� ,b leas l t->Rt? y-d t /�r L72Yi/✓i � T _efficortro P � Document Date: -i5i°T>l =l %Q. '2' <0D1Xp Number of Pages: Signer(s) Other Than Named Above: ,C� �'u�irt�fxJ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: O Individual O Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: ® 2004 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 Item No. 5907 Top of thumb Reorder: Call Toll -Free 1-800-876-6827 State of California County of L 10 Z t/ D On LIEP/9;16EE-P7/.aelVro Date personally appeared before SS. me, /1440-(44(21774 4041 t A beY Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) 1AI1 Notary Public - California t Son Diego Courily i MyComm• Wise Fib 25. 201 Place Notary Seal Above ❑ personally known to me improved to me on the basis of satisfactory evidence to be the person(4-whose nameag'subscribed to the within instrument and acknowledged to me that /tft9 executed the same in r authorized capacity(01, and that by its* signature on the instrument the persor4), or the entity upon behalf of which the persor',(S) acted, executed the instrument. TNESS my hand and official OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: 6, J 4.675d72LL S7- Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here rr 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder Call Toll -Free 1-800-876-6827 I■ ■■ ■■ ■� Sp ■■ AM ■■ MM Mp @a ■W tl■ NM 9p WW MW ■■ _■p ■ ■ ■ 5 ■ ■ % ■ ffi ■ ■ M A 9 ■ M M M 9 IXf ■ ■ IN ■ ■ M 9 ■ tl M M ■ ■ H B 9 ■ ■ ■ ■ ■ ■ 9 ■ 9 I'■ ■ ■ B ■ ■ 9 9 ■ 9 ■ ■ ■ ■ 6 B ■ B 6 ■ ■ NI ■ ■ ■ 0. M ■ ■■ 9R' %R ■■ WB Wp WIC it ■ 9 ■ ■ ■ ■ B -p"■"■"W -M"■ �-■`pep-§ "■ 90 80 its 9■ ■■ ■p M■ 9■ ■M ■M M■ 9M ■R WW 0W 9W Lt■ ■ M M 9 ■ ■ IN 9 ■ ■ 9 W ■ ■ 9 ■ M ■ ■ ■ ■ M ■ ■ M ■ IN ■ ■ ■ M ■ ■ ■ 9 M B M ■ ■ ■ tl ■ ■ M M M 9 ■ 9 M B M Y ■ ■ 9 tl ■ M ■ B p ■ p p ■ Wp. 9W ■ms W■ p6 pp p■ 15 W■ Wp W■ WB WB W IN* 9M WM ..9 ■ M ■ ■ ■ M M ■ B ■ ■ ■ ■ ■ tl September 6, 2006 CHICANO PERK 616 NATIONAL CITY BOULEVARD FACADE ESTIMATE Cost estimates for Chicano Perk facade improvement: Metal Logo Sign: $14,617.00 Canopy Structure with Enamel Painted Artwork Design: $27,000.00 Laser -cut or waterjet cut Support Posts: eliminated Painting: $2,000.00 Lighting: $4,000.00 Total: $47,617 Community Development Commission COUNCIL AGENDA STATEMENT 30 MEETING DATE: October 3, 2006 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission of National City awarding a contract to Healy Construction Co., in the amount (base bid) of $290,326 for the facade improvements to Foodland Market on 303 Highland Avenue as part of the CDC facade improvements program and waiving a standard provision (minimum fifty per- cent performance by Contractor), funded through Community Development Commission. PREPARED BY: Angela Nazareno Economic Development Manager EXPLANATION: DEPARTMENT: Community Development Commission SEE ATTACHED EXPLANATION Environmental Review: X N/A Financial Statement: The total estimated for the work is $347,326. The funds are available in CDC Account No. 900731. Account NO. q001 3 I I STAFF RECOMMENDATION: Adopt the Resolution BOARD/COMMISSION RECOMMENDATION: N/A J 1 3. Bid Propsals Spreadsheet 2. Bid Opening Information Sheet 4. Firm's Biography :TTACHMENTS (Listed Below) 1. Resolution Resolution No. • Re: Resolution of the Community Development Commission of National City awarding a contract to Healy Construction Co., in the amount (base bid) of $290,326 for the facade improvements to Foodland Market on 303 Highland Avenue as part of the CDC facade improvements program and waiving a standard provision (minimum fifty percent performance by Contractor), funded through Community Development Commission On July 12, 2005, the Community Development Commission Board approved the 2005/2006 Community Development Commission budget. A major component of the economic development work plan stated in the budget was to implement a Storefront Improvement Program for the City. The goal of this program has been to revitalize the communities through facade improvements on commercial properties. To complement the existing streetscape improvements underway along Highland Avenue, Foodland proved an ideal candidate for the City's first facade project. Community Development Commission staff, along with the program's architect found the property structurally sound and the potential impact of the improvements to the community to be enormous. The store employs more than 100 people of which, 60%are National City residents. Foodland is a family -owned market that provides Mexican specialty foods to the community. Since Council approving the project back in August of 2005, Foodland has made substantial tenant improvements, plus attracted a Starbucks as an addition to the entrance of the store. They too, are looking to hire local residents. To compliment this revitalization effort, Foodland, a community cornerstone will also be the permanent location for the proposed monthly Highland Avenue Farmers Market. The Highland Avenue Business Association (HABA) has partnered with Foodland to assist them in marketing these monthly events. Community Development Commission staff hired the design team of Petar Perisic, and Bennett Peji. CDC staff worked closely with the design team and the owners of Foodland to finalize a facade rendering that reflected the historic period of the,building. Back in August of 2005, staff received a project estimate of $250,000 for the storefront improvements to this building. Since that time, construction costs have dramatically increased throughout the County. The project includes the construction of a new storefront facade which consists of entry signage tower, clock, screen wall, fascia, demolition, asbestos roofing mastic removal, signage, waterproofing, painting, concrete flat work, ADA improvements, and other incidental work as the base bid. The project also includes the following two additive alternate bids: • Additive Alternate No.1 which consists of the concrete paving, trellis, curb, asphalt repair, drainage improvements, traffic control, and other incidental work. • Additive Alternate No.2 which consists of the landscaping and other incidental work. On August 9, 2006, three bids were received and opened for the project. The Bid Opening Information Sheet and the cost proposals for the three bidders are attached for further review. The additive alternate work was included in the project in order to have the advantage to extend the improvements to the building surrounding based upon the bid results. However, due to the bid proposal results the project will need to be awarded only based upon the base bid proposal. Staff has reviewed the bid documents and found the lowest responsive bidder, Healy Construction Co., to be qualified to perform the work except that the bidder as a prime Contractor has proposed to perform less than 50 percent of the entire work. According to the Standard Specifications for Public Works Construction "The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price". Staff recommendation is to award a contract for the base bid to the lowest bidder, Healy Construction Co., and waive the 50 percent provision since all of the bidders have proposed to perform less 50 percent of the work as the prime contractors. The total cost for the work is estimated at $347,326. This amount includes the proposed lowest bid amount ($290,326), approximately 5% ($14,000) for field engineering, approximately 5% ($14,000) for material testing, and approximately 10% ($29,000) for contingencies. The funding will be provided through Community Development Commission. A biography of Healy Construction Co. is attached. 2 RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HEALY CONSTRUCTION COMPANY IN THE AMOUNT OF $290,326 (BASE BID) FOR THE FACADE IMPROVEMENTS TO FOODLAND MARKET LOCATED AT 303 HIGHLAND AVENUE AS PART OF THE CDC FACADE IMPROVEMENT PROGRAM, AND WAIVING A STANDARD PROVISION (MINIMUM FIFTY PERCENT PERFORMANCE BY CONTRACTOR) WHEREAS, the Community Development Commission of the City of National City (CDC) has implemented a Storefront Improvement Program; and WHEREAS, the City's Engineering Department did, in open session on August 9, 2006, publicly open, examine and declare all sealed bids for the Facade Improvements to Foodland Market located at 303 Highland Avenue. CDC staff has reviewed the bids and finds Healy Construction to be the lowest responsive, responsible bidder NOW, THEREFORE, BE IT RESOLVED that the CDC hereby awards the contract for the Facade Improvements to Foodland Market to the lowest responsive, responsible bidder, to wit: HEALY CONSTRUCTION COMPANY BE IT FURTHER RESOLVED by the Community Development Commission that the Chairman is hereby authorized to execute on behalf of the CDC a contract between Healy Construction Company and the City of National City for the Facade Improvements to Foodland Market located at 303 Highland Avenue. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of October, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Impro. =nts to Foodtand Market 303 Highland Ave. , National City Spec. No. 06-4 City 01 national City 1243 National City Boulevard, National City, CA 91950 Progress Est No. _ 811512006 Item CITY UNIT Item Description HEALEY CONSTRUCTION GORDON• FRILL SAN DIEGO CDM CONSTRUCT ON, INC. 1 1 LS Improvements to Foodland Market 303 BASE BID ALT. NO. 1 ALT. NO. 2 BASE BID ALT. NO. 1 ALT. NO. 2 BASE BID ALT. NO. 1 ALT. NO. 2 Highland Avenue, National City $ 290,326.00 $ 253,371.00 $ 10,000.00 $ 358,000.00 $ 193,000.00 $ 10,000.00 $ 375,527.00 $ 152.101.00 $ 10,000.00 TOTAL $ 290,326.00 $ 253,371.00 $ 10,000.00 $ 358,000.00 $ 193,000.00 $ 10,000.00 $ 375,527.00 $152,101.00 $ 10,000.00 Prepared b y: Healey Construction Co. ABOUT: • Founded in March 1993 by the owner, David Healey, Healey Construction Co. is one of San Diego's up and coming engineering and construction companies. • Our employees are teamed with customers, partners, and suppliers and have completed a wide range of projects. • We have completed more than 50 public works and 20 private projects since the start up of the company, including sea walls, private and public schools, fire stations, and Housing and Urban Development Housing projects. • We have worked with varied public agencies and private companies and have good relationships with the City of San Diego, San Diego Unified School District, City of Coronado School District, Chula Vista Elementary School District, San Diego Housing Commission, San Diego Community College District, United States Navy and United States Marine Corps. • Healey Construction Co. has a record of steady growth since start up. Yearly revenues have increased from $50,000 to $1.3 million over the past 10 years. HISTORY: • In 1993, David Healey, who has formal education and extensive experience over a 40 year period in all phases of building construction including estimating, purchasing, project management, teaching, administration, delegation and supervision, as well as knowledge of the rules and regulations governing construction, started Healey Construction Co. • David Healey continues the foundation of leadership, and under his direction, Healey Construction Co. has organized to respond to customers with local expertise, providing solutions and outstanding value to customers. ALLIANCES: • Healey Construction Co. has aligned itself with many other construction companies in various fields and has a reputation for working closely and collaboratively with all parties. • Healey Construction Co. has established a solid reputation as being a reliable general contractor. Many specialized companies have aligned themselves with us on multiple projects with successful outcomes. PEOPLE: • Key personnel have been with the company for many years. OFFICE: • Located in National City for over 12 years at 1545 Tidelands Avenue, National City, CA 91950. SAFETY RECORD: Excellent record • Our goal: Zero accidents. We have had no lost time due to accidents in the past 13 years. We have an Occupational Health Nurse on staff. VISION: To be a leading San Diego engineering and construction company. • Customers and partners will see us as integral to their success. • People will be proud to work at Healey Construction Co. Communities will regard us as responsible and responsive. • We will continue to build on our history and be privately owned by active management and guided by firmly held values. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 31 (ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAT CITY APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH CONSTELLATION PROPERTY GROUP ("A" AVENUE) LP, AND APPROVING AN OPTION AGREEMENT WITH CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) PERTAINING TO THE CENTRO AND R-2 PROJECTS PREPARED BY Raymond Pe (Ext. 4421) DEPARTMENT Community Development Commission EXPLANATION Constellation Property Group LP has formed two separate entities to develop the 'Centro' condominium project and the 'Revolution 2' condominium project. Constellation Property Group ("A" Avenue) LP is the entity developing the "Centro" condominium project (4-stories, 61 residential units), and Constellation Property Group (Nat City 12t) LP is the entity developing the "Revolution 2" condominium project (22-stories, 347 residential units, two commercial units). On October 25, 2005, the Community Development Commission approved Amendment No. 1 to the DDA, which assigned the obligation to construct a trolley transit center and convey office space to the CDC from the "A" Avenue entity to the Nat City 12th entity. Amendment No. 2 would re -assign the obligation back to the "A" Avenue entity from the Nat City 12th entity. The developer has requested this second amendment to the DDA in order to secure financing for the "Revolution 2" project. The amendment would also replace the obligation of the developer to convey office space, and instead require a residential condominium unit to be conveyed to the CDC. The "Centro" project consists of residential condominiums only. The amendment would also eliminate liquidated damages and financing provisions contained in Amendment No. 1 upon release of a blanket mortgage held by the developer on the site. An Option Agreement would allow the CDC to exercise an option to exchange the residential condominium unit for office space in the "Revolution 2" project after its completion. Environmental Review / N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION NIA ATTACHMENTS ( Listed Below ) Resolution Amendment No. 2 to Disposition and Development Agreement Option Agreement Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AMENDMENT NO. 2 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH CONSTELLATION PROPERTY GROUP ("A" AVENUE) LP, AND APPROVING AN OPTION AGREEMENT WITH CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP, PERTAINING TO THE CENTRO AND R-2 PROJECTS WHEREAS, Constellation Property Group ("A" Avenue) LP, ("'A' Avenue") entered into a Disposition and Development Agreement ("DDA") dated August 30, 2005, pursuant to which "A" Avenue agreed to develop a real estate project in National City known as "Centro". Pursuant to the DDA, "A" Avenue further agreed to build Office Space and four parking spaces for the CDC in the Centro project, and a Trolley Transit Center; and WHEREAS, Constellation Property Group (Nat City 12th) ("Nat City 12th") is an affiliate of "A" Avenue and the developer of the Revolution 2 project located adjacent to Centro; and WHEREAS, on October 21, 2005, "A" Avenue and Nat City 12th entered into an Assignment and Assumption Agreement pursuant to which "A" Avenue assigned all of its rights under the DDA to Nat City 12th, and Nat City 12th agreed to assume the obligations under the DDA; and WHEREAS, in connection with the October 21, 2005 assignment, the CDC and Nat City 12th entered into Amendment No. 1 to the DDA on October 25, 2005, pursuant to which Nat City 12th agreed to construct the Office Space and Trolley Transit Center; and WHEREAS, "A" Avenue and Nat City 12th are entering into an Assignment and Assumption Agreement pursuant to which Nat City 12th will assign back to "A" Avenue the rights and obligations under the DDA; and WHEREAS, it has been proposed by "A" Avenue that the CDC agree to enter into Amendment No. 2 to the DDA, pursuant to which "A" Avenue's obligation to provide the Office Space to the CDC would be replaced with an obligation to provide a residential Condominium Unit in the Centro project, which Condominium Unit shall have a fair market value of at least $500,000; and WHEREAS, Amendment No. 2 would further provide that in consideration for the removal of the blanket mortgage from the Centro and Revolution 2 projects, the CDC would remove the Second Mortgage from both projects, and that the liquidated damages provision contained in Amendment No. 1 to the DDA would be eliminated; and WHEREAS, it has been proposed by "A" Avenue that concurrently with entering into Amendment No. 2 to the DDA, the CDC enter into an Option Agreement with Nat City 12th, pursuant to which Nat City 12th would construct the Office Space in the Revolution 2 project, and pursuant to which the CDC would be granted an option to exchange the Condominium Unit in the Centro project for the Office Space in the Revolution 2 project. L n No.r. 70 .. September 19; 2006 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Community Develo;r, Commission of the City of National City hereby approves Amendment No. 2 to the Disposition and Development Agreement with Constellation Property Group ("A" Avenue) LP, approves an Option Agreement with Constellation Property Group (Nat City 12th) LP, and authorizes the Chairman to execute said documents. Said Amendment No. 2 to the Disposition and Development Agreement and Option Agreement are on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of September, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel OPTION AGREEMENT This Option Agreement (the "Agreement") is executed between Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership ("Optionor"), and the Community Development Commission of the City of National City, a public body, corporate and politic ("Optionee"), to be effective on September 19, 2006 (the "Effective Date"). Background A. Optionor is the developer of a real estate project in the City of National City, California, commonly known as "Revolution 2" ("R2") to be located on the real property described on Exhibit "A" attached hereto and incorporated herein. B. Constellation Property Group (A Avenue), LP ("A Avenue") an affiliate of Optionor is the developer of a real estate project in the City of National City commonly known as "Centro," adjacent to the R2 project. C. A Avenue and Optionee entered into that certain Disposition and Development Agreement dated August 30, 2005 (the "DDA") that provided for, among other things, that A Avenue build office space for Optionee containing not less than approximately 2,700 sq. ft. and four parking spaces in the Centro project (the "Office Space"). On October 21, 2005, A Avenue assigned its rights under the DDA to Optionor. D. On October 25,2005, Optionor entered into an amendment to the DDA with Optionee (the "First Amendment"), thereby transferring the obligations set forth in the DDA to Optionor, including the obligation to build the Office Space in R2 (the "R2 Office Space") as opposed to the Centro project. E. Optionor has assigned all of its right, title and interest in and to the DDA back to A Avenue pursuant to that certain Assignment and Assumption Agreement dated of even date herewith (the "Assignment") and A Avenue and Optionee have agreed to a new amendment to the DDA (the "Second Amendment"). As a result of the Second Amendment, Optionee now has a right under the DDA to receive a residential unit in Centro valued at not less than $500,000 (the "Centro Unit") in place of the R2 Office Space. F. But for Optionor's agreement to enter into this Agreement, Optionee would not have agreed to the Second Amendment. Optionee desires the option to trade/exchange the Centro Unit for the R2 Office Space. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Optionor and Optionee agree as follows: SECTION 1 GRANT OF OPTION Subject to the terms and conditions hereof, Optionor hereby agrees to construct the Office Space on the R2 project and hereby grants to Optionee the option (the "Option") to SDCA_292948.2 exchange with Optionor the R2 Office Space for the Centro Unit upon the completion of construction of both the Centro Unit and the Office Space. SECTION 2 OPTION CONSIDERATION Upon the execution and delivery of this Option Agreement, Optionce shall pay to Optionor, in immediately available funds, the sum of ten dollars ($10) as consideration for granting the Option. The Option consideration set forth in this section, as well as any other consideration deemed to have been received by Optionor under this Option Agreement, is and shall be deemed consideration solely for the granting of the Option by Optionor. On expiration of the Option Term (as defined below), Optionor shall retain all Option consideration. SECTION 3 OPTION TERM 3.1 The term of the Option shall begin on the date hereof and shall terminate on that date that is the later of (i) two (2) years from the date hereof, or (ii) sixty (60) days after written notice from Optionor to Optionee of the completion of construction of both the Centro Unit and the R2 Office Space and the receipt of certificates of occupancy for both (the "COOS"), but in no event later than (iii) ten (10) years from the date hereof (the "Option Term"). Optionor shall give Optionee prompt written notice of the issuance of the COOs. SECTION 4 OPTION PROPERTY EXCHANGE VALUE In the event that Optionee exercises the Option herein granted, at the Exercise (defined below), Optionee shall have the right to exchange with Optionor the Centro Unit for the R2 Office Space (the "Exchange Value") SECTION 5 REPRESENTATIONS 5.1 Representations of Optionor. Optionor makes the following representations to Optionee, which are true and correct as of the date Optionor executes this Agreement and which shall be true and correct as of Exercise: 5.1.1. Optionor has full power and authority to enter into this Agreement and perform its obligations hereunder and shall, as of the Exercise, have full right, power and authority to convey to Optionee good and indefeasible title to the R2 Office Space, free and clear of any liens, encumbrances or adverse claims. 5.1.2. To the best of Optionor's knowledge, Optionor has not received any notice, and Optionor has no actual knowledge, of any pending or threatened litigation or pending or threatened condemnation proceeding that could affect the R2 Office Space. 5.1.3. To the best of Optionor's knowledge, there are and shall at Exercise be no mechanic's liens or unrecorded liens against the R2 Office Space. SDCA_292948.2 2 5.2 Representations of Optionee. Optionee makes the following representations to Optionor, which are true and correct as of the date Optionee executes this Agreement and which shall be true and correct at Exercise: 5.2.1. Optionee has full power and authority to enter into this Agreement, to consummate the exchange of the Centro Unit for the R2 Office Space and to perform all obligations of Optionee hereunder. 5.2.2. Optionee acknowledges and agrees that the provisions of this Section 5 have been negotiated by the parties, have been reviewed by Optionee and its counsel and that Optionee fully understands and accepts all of the terms and provisions of this Agreement. 5.3 Survival. The representations and warranties of the parties in this Section 5 shall survive Exercise or any termination of this Agreement. SECTION 6 EXERCISE 6.1 Exercise. If Optionee is not in default under this Agreement and all conditions to the exercise of the Option for the benefit of Optionor are satisfied or are waived in writing by Optionor, Optionee may exercise the Option in accordance with this section. The Option shall be exercised by delivering written notice from Optionee to Optionor before the expiration of the Option Term and in accordance with the notice provisions in Section 9.1 of this Agreement ("Exercise Notice"). The Exercise Notice shall affirmatively state that the Optionee exercises the Option pursuant to this Agreement (the "Exercise"). Within ten (10) business days after the Exercise, the parties shall execute and deliver such reasonable standard form purchase agreement used for the sale of units in R2 (the "Purchase Agreement") and deposit any funds and documents in escrow (the "Escrow") that the Purchase Agreement requires to be deposited. 6.2 Termination: At any time during the Option Term, Optionee may terminate this Agreement for any reason, by providing Optionor with thirty (30) days written notice. Upon such termination of this Agreement, neither party shall have any further obligations under this Agreement. SECTION 7 OBLIGATIONS 7.1 Optionor's Obligations: 7.1.1. Optionor shall work in a diligent and expedient manner to construct the R2 Office Space and finalize and record the final R2 Condominium Map within two (2) years of the Effective Date. 7.1.2. Within ten (10) business days after the Exercise, Optionor shall enter into the Purchase Agreement with Optionee for the R2 Office Space for the Exchange Value. SDCA_292948.2 7.1.3. Within ten (10) business days after the Exercise, Optionor shall deliver to Escrow a standard California grant deed duly executed and acknowledged by Optionor, in recordable form, conveying to Optionee good and indefeasible fee simple title to the R2 Office Space. 7.2 Optionee's Obligations: 7.2.1. Within ten (10) business days after the Exercise, Optionee shall deliver or cause to be delivered to Escrow a standard California grant deed duly executed and acknowledged by Optionee, in recordable form, conveying to Optionor good and indefeasible fee simple title to the Centro Unit. SECTION 8 EXCLUSIVE REMEDIES 8.1 Remedies of Optionee. If any of Optionor's representations are inaccurate as of the Exercise or if Optionor fails to perform any of its obligations hereunder and such inaccuracy or failure is not cured within ten (10) days after Optionee notifies Optionor in writing of such inaccuracy or failure, then Optionee shall be entitled to recover any and all actual damages suffered by Optionee as a result of such default, and in addition, Optionee shall be entitled either: (a) to terminate this Agreement, (b) if the R2 Condominium Map has been recorded, to receive specific performance of this Agreement, or (3) require Optionor to purchase the Centro Unit for five hundred thousand dollars ($500,000) cash. 8.2 Remedies of Optionor: If any of Optionee's representations are inaccurate as of the Exercise, or if Optionee fails to perform any of its obligations hereunder and such failure is not cured within ten (10) days after Optionor notifies Optionee in writing of such inaccuracy or failure, then Optionor shall be entitled to terminate this Agreement. 8.3 Further Limitations. The remedies set out above in this Section 8 shall be the sole and exclusive remedies of the parties with respect to any breach or default occurring under this"Agreement. Upon any termination of this Agreement, neither party shall have any further obligation, right or remedy under this Agreement except as set forth above. Without expanding any of the limitations of remedies set out above in this Section 8, each of the parties further hereby specifically waives any and all rights to consequential, special, incidental or punitive damages. SECTION 9 MISCELLANEOUS 9.1 Notices. Any notice or other communication required or permitted under this Agreement shall be in writing and shall be deemed delivered on the earlier of (i) three business days after being deposited in the United States Mail, postage prepaid, registered or certified mail, return receipt requested, (ii) upon machine -generated confirmation of transmission by facsimile, if followed by a hard copy sent by certified mail return receipt requested the same day, or (iii) when actually delivered (as evidenced by a return receipt). Notice given in any other manner shall be deemed delivered when actually received. The addresses and facsimile numbers of the parties are: 4 SDCA_292948.2 OPTIONOR: OPTIONEE: with a copy to: Constellation Property Management, Inc. 1133 Columbia St. Suite 101 San Diego, CA 92101 Attn: Andrew Zlotnik Fax: 619 234-3544 Community Development Commission of the City of National City 140 East 12th St. Suite B National City, CA 91950 Attn: Raymond Pe Fax: 619 336-4286 Foley & Lardner LLP 402 West Broadway, Suite 2300 San Diego, CA 92101 Attn: Richard L. Moskitis Fax: 619 234-3510 Any of the notice persons above may change its address or facsimile number by giving the other party five days' advance written notice of such change. 9.2 Time Periods. Unless otherwise specified, any time period or deadline provided in this Agreement shall be measured in calendar days. If any such time period or deadline expires on a Saturday, Sunday, or legal holiday recognized by the State of California, such time period or deadline shall be extended to the first business day thereafter. 9.3 Attorneys Fees. If Optionor or Optionee employs an attorney to enforce any rights or remedies hereunder, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and court costs. The obligations of the parties set forth in this section shall survive Closing or any termination of this Agreement. 9.4 Venue; Governing Law. Venue for any action relating to this Agreement shall be in San Diego County, California. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 9.5 Entire Agreement; Modification or Waiver. This Agreement constitutes the entire agreement between Optionor and Optionee regarding the Option and supersedes all prior agreements relating thereto. This Agreement may not be amended, modified or supplemented or otherwise varied orally, by any course of conduct or otherwise except by a written instrument signed by the party against whom enforcement is sought. No waiver by either party of any of its rights or remedies hereunder shall be effective unless in a formal writing, and no waiver shall be construed as a waiver of any other or subsequent right or remedy. 9.6 Interpretation. Where needed for proper interpretation, words in the singular shall include the plural, and words of any gender shall include all genders. The SDCA_292948.2 5 headings in this Agreement are for convenience oniy and shall not affect or be considered in construing or interpreting the text hereof. 9.7 Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable, the unenforceable provision shall automatically be deemed replaced with another provision as similar in effect to the unenforceable provision as possible while still being enforceable, and the remainder of this Agreement shall not be affected except to the extent necessary in order to harmonize it with such replacement provision. 9.8 Like -Kind Exchange. Upon request of Optionor, Optionee agrees to cooperate with Optionor in effecting an I.R.C. § 1031 exchange, including executing and delivering any and all such writings as may be required by the exchange trustee or intermediary, provided, however, that such cooperation shall be at no cost or liability to Optionee, and Optionee shall not be obligated to take title to any property other than the R2 Office Space. 9.9 Memorandum of Agreement. Optionor and Optionee shall execute, have notarized and record the Memorandum of Option attached hereto as Exhibit "B" within five (5) business days of the Effective Date. IN WITNESS WHEREOF, Optionor and Optionee have executed this Agreement as of the Effective Date. Attested: OPTIONEE: CDC Secretary SDCA_292948.2 Community Development Commission of the City of National City, a public body, corporate and politic By: Name: Its: OPTIONOR: Constellation Property Group (NatCity 12`1') LP, a Delaware limited partnership By: Constellation Property Management, Inc., a Delaware corporation, Its General Partner By: Name: Eugene Marchese Its: President 6 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 10377, 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, AUGUST 27, 1980 AS FILE NO. 80-275023 OF THE OFFICIAL RECORDS. APN: 556-554-17 SDCA_292948.2 A-1 E;H1B11 B MEMORANDUM OF OPTION Recording Requested By: When Recorded Return To: FOLEY & LARDNER LLP Attn: Richard L. Moskitis, Esq. 402 West Broadway, Suite 2300 San Diego, California 92101 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE APN: 556-554-17 MEMORANDUM OF OPTION This Memorandum of Option ("Memorandum") is made and entered into as of , 2006, by and between the Community Development Commission of the City of National City, a public body, corporate and politic ("Optionee") and Constellation Property Group (NatCity 12`h) LP, a Delaware limited partnership ("Optionor"), in connection with that certain real property located in the City of National City, County of San Diego, State of California described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). Pursuant to that certain unrecorded Option Agreement by and between Optionor and Optionee dated September 19, 2006 (the "Option Agreement"), Optionor has granted to Optionee the option to acquire a portion of the Property referred to by the parties as the R2 Office Space (the "Option"). Optionee's exercise of the Option is subject to the terms and conditions of the Option Agreement which are incorporated herein by reference. This memorandum is solely for recording purposes and shall not be construed to supplement or modify the terms and conditions contained in the Option Agreement. Remainder of Page Intentionally Left Blank B-1 SDCA_292948.2 IN WITNESS WHEREOF, Optionee and Optionor have executed this Memorandum of Option as of the date first above written. Attested: OPTIONEE: CDC Secretary SDCA_292948.2 Community Development Commission of the City of National City, a public body, corporate and politic By: Name: Its: OPTIONOR: Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership By: Constellation Property Management, Inc., a Delaware corporation, Its General Partner By: Name: Eugene Marchese Its: President [Signature Page of Memorandum of Option] B-2 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 10377, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COI JNT`' RECORDER OF SAN DIEGO COUNTY, AUGUST 27, 1980 AS FILE NO. 80-275023 OF THE OFFICIAL RECORDS. APN: 556-554-17 B-3 SDCA_292948.2 AMENDMENT NO. 2 TO DISPOSITION AND DEVELOPMENT AGREEMENT This Amendment No. 2 to Disposition and Development Agreement (this "Amendment") is made and entered into as of September , 2006 (the "Effective Date"), by and between the Community Development Commission of the City of National City, a public body, corporate and politic (the "CDC") and Constellation Property Group (A Avenue) LP, a Delaware limited partnership, as successor in interest to Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership (the "Developer"). Recitals A. The CDC and Developer entered into that certain Disposition and Development Agreement dated August 30, 2005 (the "Original DDA"). B. On October 21, 2005, Developer and Constellation Property Group (NatCity 126) LP, a Delaware limited partnership (the "Original Assignee"), entered into that certain Assignment and Assumption Agreement (the "Original Assignment"), pursuant to which Developer assigned all of its right, title and interest in and to the Original DDA to Original Assignee. C. In connection with the Original Assignment, Original Assignee and CDC entered into that certain Amendment No. 1 to Disposition and Development Agreement dated as of October 25, 2005 ("Amendment No. 1" and, together with the Original DDA, the "DDA"), pursuant to which the Original Assignee agreed to construct the Office Space and Trolley Transit Center in accordance with the terms and conditions of Amendment No. 1. D. Concurrently herewith, Original Assignee and Developer are entering into that certain Assignment and Assumption Agreement (the "Re -Assignment"), pursuant to which Original Assignee is assigning all of its right, title and interest in and to the DDA back to Developer, and Developer is assuming all of the Original Assignee's duties, obligations and liabilities under the DDA (the "Obligations"). E. The CDC and Developer now wish to further amend the DDA to replace the obligation of Developer to provide the Office Space with the obligation to provide a residential condominium in the Project developed on the Site and to eliminate the liquidated damages and financing provisions contained in Amendment No. 1 on the terms and conditions set forth below. All capitalized terms used in this Amendment but not defined herein shall have the meanings ascribed to them in the DDA. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CDC and Developer agree as follows: SDCA_292939.2 Agreement 1. Project. All references to the "Project" or the "Centro Project" in the DDA -,re revised to mean an approximately 91,199 sq. ft., four (4) story residential condominium project consisting of approximately 61 Residential Units and approximately 108 parking spaces: with „ structure height not to exceed 50 feet. 2. Condominium Unit. Section 2 of Amendment No. 1 is hereby amended and restated in its entirety as follows: "Condominium Unit. In place of the Office Space, Developer shall cause a residential condominium unit and two parking spaces (the "Condo Unit") to be constructed as part of the Centro Project on the Site, which shall be deeded to the CDC upon completion of same. The Condo Unit shall be of such size and location in the Centro Project to have a fair market value at the date of completion of at least Five Hundred Thousand Dollars ($500,000). At the time of conveyance, the Condo Unit shall be free from monetary liens and encumbrances, but may be subject to reciprocal. easements, CC&Rs and other non -monetary liens and encumbrances consistent with a residential condominium project." 3. Release of Obligations of Original Assignee. As 'the Obligations have been assumed by the Developer via the Re -Assignment, the CDC hereby releases the Original Assignee from any and all obligations to construct the Office Space, Trolley Transit Center and four parking spaces. All references to "Office Space" in the DDA are hereby deleted in their entirety. Developer shall be responsible for all of the Obligations as amended by this Amendment, including, but not limited to, all obligations in connection with the Trolley Transit Center. 4. Second Mortgage. Conditioned upon the release of the Blanket Mortgage from the Site, the CDC hereby agrees to remove the Second Mortgage in accordance with Section 8 of Amendment No. 1. 5. Financing. Conditioned upon the release of the Blanket Mortgage from the Site, Section 6 of Amendment No. 1 is hereby deleted in its entirety and replaced with "Intentionally Deleted." 6. Liquidated Damages. Conditioned upon the release of the Blanket Mortgage from the Site, Section 7 of Amendment No. 1 is hereby deleted in its entirety and replaced with "Intentionally Deleted." 7. Consent. The CDC hereby consents to Original Assignee transferring all of its right, title and interest in the Site and the Project back to Developer. 8. Grant Deed. Developer agrees to cause that certain Grant Deed, substantially in the form of Exhibit A attached hereto, to be recorded with the County Recorder of the County of San Diego, California, no later than September 30, 2006. 9. Miscellaneous. Except to the extent expressly modified by this Amendment, the DDA remains in full force and effect. To the extent of any inconsistency between this Amendment and the DDA, the terms and conditions of this Amendment shall control. This 2 SDCA 292939.2 Amendment may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same document. IN WITNESS WI-IEREOF, the CDC and Developer have executed this Amendment as of the Effective Date first set forth above. Attested: CDC Secretary SDCA_292939.2 CDC: Community Development Commission of the City of National City, a public body, corporate and politic By: Name: Its: DEVELOPER: Constellation Property Group (A Avenue) LP, a Delaware limited partnership By: Constellation Property Management, Inc., a Delaware corporation Its: General Partner By: Eugene Marchese President EXIIII3IT A RECORDING REQUESTED BY, MAIL TAX STATEMENTS TO, AND WHEN RECORDED MAIL TO: Constellation Property Group (A Avenue) LP 1133 Columbia Street, Suite 101 San Diego, CA 92101 Attn. Mr. Wayne Hann GRANT DEED In accordance with Section 11932 of the California Revenue and Taxation Code, Grantor has declared the amount of the transfer tax that is due by a separate statement that is not being recorded with this Grant Deed. For valuable consideration, receipt of which is hereby acknowledged, CONSTELLATION PROPERTY GROUP (NATCITY 12TH) LP, a Delaware limited partnership ("Grantor"), hereby grants to CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited partnership ("Grantee"), the real property hereinafter referred to as the "Site," described in Exhibit A attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants of record described there. This Grant Deed is subject to: (a) non -delinquent real and personal property taxes assessments and bonds for the current fiscal year; (b) the lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 of the California Revenue and Taxation Code; and (c) all covenants, conditions, restrictions, easements, liens, encumbrances, claims, rights and other matters recorded as a matter of public record, including that certain Grant Deed entered into by and between Grantor, as grantee, and the Community Development Commission of the City of National City, a public body, corporate and politic, as grantor, and recorded on October 26, 2005, as Document No. 2005-0930606, in the County Recorder's Office of the County of San Diego, California. The Grantee herein covenants by and for itself and its successors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of; any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. [Signature Page Follows] A-1 SDCA 292939.2 IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant Deed this day of , 2006. GRANTOR: CONSTELLATION PROPERTY GROUP (NATCITY 12TH) LP, a Delaware limited liability partnership By: Constellation Property Management, Inc., a Delaware Corporation, its General Partner By: Eugene Marchese, President GRANTEE: CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited liability partnership By: Constellation Property Management, Inc., a Delaware Corporation, its General Partner A-2 SDCA_292939.2 By: Eugene Marchese, President Exhibit A to Grant Deed LEGAL DESCRIPTION OF SITE PARCEL 2 OF PARCEL MAP NO. 10377, 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, AUGUST 27, 1980 AS FILE NO. 80-275023 OF THE OFFICIAL RECORDS. APN: 556-554-16 SDCA_292939.2 A-3 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 32 ITEM TITLE Public Hearing — A LEASE WITH FRANK MOTORS INCORPORATED TO USE THE SOUTHERN PORTION OF THE NATIONAL CITY TRAIN DEPOT PARKING LOT (922 WEST 23RD STREET) FOR VEHICLE STORAGE AS A SHORT-TERM USE. PREPARED BY � DEPARTMENT CDC Staff x4250 EXPLANATION The southern portion of the Train Depot parking lot is underutilized at this time. Prior to expanded activities at the Train Depot site, staff proposes leasing the southern parking lot to Frank Motors Inc. for up to six (6) months as short-term vehicle storage. Frank Motors Inc. currently leases a site two blocks away at the northeast comer of Bay Marina Drive and Cleveland Avenue (former Ace Metals property) for the same use. However, the Ace Metals site will undergo environmental remediation for soil contamination requiring Frank Motors Inc. to vacate the Ace Metals property. The National City Community Development Commission ("CDC") will realize additional revenue that will be used to promote redevelopment objectives in the National City Redevelopment Project Area and the City of National City may realize additional sales tax revenue from Frank Motors Inc. having improved local inventories. Community Development Commission Environmental Review A Temporary Use Permit was approved by the City Council on April 4, 2006 (minute action) although the proposed agreement is exempt from CEQA review. Financial Statement There are no costs to the CDC for entering into the lease. Rental for vehicle storage will be $1,860 per month, which will be used to facilitate on -going redevelopment activities. Frank Motors Inc. will be responsible for any improvements and maintenance of the premises. The CDC purchased the property in 1995 for $1,200,000 primarily with grant funding. nVA/Account No. qwo 1 v STAFF RECOMMENDATION Hold the Public Hearing. BOARD / COMMISSION RECOMMENDATION None. ATTACHMENTS 1. Background Report 2. Location Map Resolution No. A-200 (9/80) ATTACHMENT BACKGROUND REPORT CDC leases the northern portion of the historic Train Depot parking lot (922 West 23rd Street) and the first level of the Train Depot building to the San Diego Electrical Railroad Association ("SDERA"). Portions of the upper floor are leased by artisans as well as the MRW Group for office space, relating to the development of the Marina Gateway Hotel ("Hotel"). Previously it was anticipated the proposed Hotel would use the same southern parking lot (being considered for Frank Motors Inc.) at the Train Depot for overflow parking. However, revisions to the Hotel's on -site parking lot have eliminated the need for off -site Hotel parking at the Train Depot. On April 4, 2006 the CDC Board approved a lease (Resolution 2006-66) and the City Council approved a Temporary Use Permit ("TUP") for temporary vehicle storage with Mossy Nissan Inc. on the same portion of the Train Depot site. The TUP for Mossy Nissan Inc. also considered and granted Frank Motors Inc. a TUP for temporary vehicle storage (August 1, 2006 through February 1, 2007) on the southern parking lot of the Train Depot. CDC proposes to locate temporarily vehicle storage for Frank Motors Inc. on the southern parking for a period of up to six (6) months, while the soil remediation is taking place at the former Ace Metals property (Frank Motor's Inc. current storage location). CDC staff proposes entering into a market -rate lease with Frank Motors Inc., which would raise money for the CDC's blight removal activities. Increased vehicle storage capacity will allow Frank Motors Inc. to maintain a better vehicle inventory promoting vehicle sales and therefore sales tax revenue to the City of National City. In addition, new vehicle storage will require Frank Motors Inc. to provide for maintenance and security, which will provide a mutual benefit to surrounding properties. SDERA OUTDOOR STORAGE z VEHICLE STORAGE FRANK MOTORS Location Map MOTIVATIONAL SYSTEMS INC. Attachment 2 MOTIVATIONAL SYSTEMS INC. 23RD STREET TRAIN DEPOT ACCESS REMAINING HANDICAPPED PARKING FRANK MOTORS ACCESS OLSON DEVELOPMENT NEW FENCE BAY MARINA DRIVE MARINA GATEWAY HOTEL DEVELOPM ENT CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 33 ITEM TITLE Public Hearing — Downtown Specific Plan Consistency Review, an amended plan for `Harbor View Condominiums' Location: 404 E. 8th Street, 419 E. 9th Street, 829 D Avenue, and 831 D Avenue APN: 556-493-01, -02, -03, -04, -05 Applicant: Harbor View Condo Project LLC Case File No.: DSP-2006-5 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The applicant previously received Consistency Review Approval (DSP-2005-2) on December 13, 2005 for a 63-unit condominium project on this site, but has since acquired an adjacent property and desires to incorporate the parcel into a revised project. The previously approved project site consists of four parcels totaling 25,514 square feet; the recently acquired fifth parcel results in a proposed site totaling 29,250 square feet. The expanded project site would encompass a complete half -block allowing for a more comprehensive and integrated development of the site. The proposed development is a mixed -use condominium building with a total of 75 residential units, 12,905 square feet of commercial space, and 115 parking spaces. The building would consist of up to seven levels above one level of underground parking, with a maximum building height of 73-feet along 8th Street and stepping down to 36-feet along 9th Street. ENVIRONMENTAL REVIEW The project is consistent with the Downtown Specific Plan and therefore adequately addressed in the certified Environmental Impact Report for the Downtown Specific Plan. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommends approval of Downtown Specific Plan Consistency Review (DSP-2006-5). BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background Report 2. Exhibit (DSP-2006-5) Resolution No. A-200 (9/80) BACKGROUND REPORT Subject Property The project site consists of five parcels that comprise the western half of the block bounded by 8th Street to the north, 9th Street to the south, D Avenue to the west, and E Avenue to the east. The site totals 29,250 square feet (0.67 acres) and has 117-feet of frontage along 8th Street and along 9th Street and 250-feet of frontage along D Avenue and along the alley to the east. The site was previously developed with commercial and residential buildings, which have been removed and the site cleared for construction. Surrounding uses include St. Mary's Catholic Church to the north of 8th Street, a strip commercial center and single-family residences to the east, offices and apartments to the west of D Avenue, and apartments to the south of 9th Street. Central Elementary School is located to the east of E Avenue. Proposed Development The proposed development is a mixed -use condominium building with a total of 75 residential units, 12,905 square feet of commercial space, and 115 parking spaces. The building would consist of up to seven levels above one level of underground parking with a maximum building height of 73-feet along 8th Street, stepping down in height to 36-feet and three levels along 9th Street. The commercial space on the ground floor would create storefronts along 8th Street and D Avenue. The residential unit mix would consist of 10 one -bedroom units, 38 two -bedroom units, and 27 three -bedroom units. Parking would be provided on a basement level (85 spaces) that would be accessed from 9th Street, as well as within two ground floor garages (30 spaces) accessed from the alley and D Avenue. Residential amenities would include private balconies and common open space within a landscaped plaza on the second floor and on roof -top terraces. Entrances to the units would be from internal walkways. Two elevators and two stairwells would provide access to each floor and the underground garage Analysis The proposed development is consistent with the land use regulations of the Downtown Specific Plan. The project site falls within Development Zones 9 and 10 of the Downtown Specific Plan and would be consistent with the land uses of both zones. Development Zone 9 along 8th Street has a preferred land use of "mixed -use, with a significant density of multifamily residential overlaying the ground -level retail." Development Zone 10 along 9th Street has a preferred land use of "row homes or townhouses." The proposed project would achieve these land use objectives. The project is consistent with the development standards of both development zones. Development Zone 9 allows a maximum floor area ratio (FAR) of 5.0 and a maximum height of 90 feet. The project would have an FAR of 4.2 and a maximum height of 73 feet within this development zone. Development Zone 10 allows a maximum FAR of 3.0 and a maximum height of 36 feet. The project would have an FAR of 1.8 and a maximum height of 36 feet within this zone. The parking requirement for the project is 111 spaces based on the unit mix (number of bedrooms/unit) and the commercial floor area; the project would provide 115 spaces. The subject property is located in the National City Redevelopment Project Area. Consequenti r, any improvement of the property would result in an increase in property tax increment revenues to the CDC. The current assessed value of the subject property is approximately $681,518. The proposed project has an estimated value of over $20 million. If developed, the project could result in over $135,330 in additional annual tax increment to the CDC. Twenty percent of the annual tax increment would go into the Low/Mod Housing Fund. Sales tax revenue would also be generated by the commercial component of the project. If developed, the project could result in $89,250 in development impact fees for the residential component, and $45,916 for the commercial component. 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, which has a current annual assessment fee of $240 per residential unit, resulting in an annual assessment of $18,000 for the residential component of the project. The district would also result in an annual assessment of $4,404 for the commercial component. EXHIBIT DSP-2006-5 (Note: Full-sized set of plans available for review in the CDC offices) ■■■■■■■■■■■■■■■■■ ■■■■■■■ ■■iii _..A. M.L. Mr 11e Na, Iii MEAN DEFERRED APPROVAL ITEMS ■ M d� ' M19 P ""' 5 � �'��.._ �vSL �.� b� �% s �4 }°�,.IE�M II- `. kLnYM� eA sumo � � M.'"',L, L `�sp� ESL j {B {��) . M. . - . PRE 9'I?INU.EQ$ pre ALAVA slaz //v I >--t 1� CON1DO UNITS J� P k9 / CO1-1-f. � SFAOE " "4"E°4'a, � L; �'.s`' 9 6 ,.•. 1LP4' NATIONAL CITY FINEST LIVING VE5124RD PI.WS 1 110/ OEW Of **9V A Jilt 20•2006 IN n6 P ■■■■■■■�■■■■■■■■�. SHEET INDEX ■ ■ �EE:I ■■■■■■■■■■■ • PROJECT DATA A Alit 02. 2006 5C0'E N /PN L9t*1 OVTJ ZONE CQ(5191CiYJN P/�tJ:,/LTA . AM)762-I5BWCOMM CON51511/4 09r.9/t MICE/ COLtA)A9N1M5 Y 404 HA10140. 556-495-01/02/09/05 19Fi I1*CMC[M Pfi NMKNILCI(Y,LA9�i0 C /EEA RESfNEMr�a11EG OfRCE CO19306 aFEE WAiAIF1A CR�LC)5 COSO EM6/0FnE ,9 RESIAIP. . 61N51QE Cf(G9650 i2. 5.4. 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PE560 CLARE 6AYOOAIE$ EINAPEC'ENG 55600.ARE8 (858 5MVO 71-28E105S4NgECO.G921■ (858) 511-5189 C858) 511-2875 CDC OF NATIONAL■ CITY ,Kgu 0501 504 CRm9191E61M9.O 5054 C011NI91XAPM9R W COIWW512APK5L9 mb 1 A'O 5011 IAERt ■ CML matter ALLA CON311.11 J / VIC102EOP3(A1E2 4901 A981-61 MVO $1E'I095W6CGO.G97J17 (858)53-6101 (558)581-6L58PAX ■ SEP 0 2006 MOTION LEVEL XC. CPRE E*59 TIMER ) ' ■ A 5012 WEAN me LAMA. 50E1 MEWL 521 ■ SCE S ENCSE{'E ALM) EMU iE01 / 6✓< ON C51-022 ■ Exhibit DST 28'Zi�p ■ lES 5 P/E9Mi LLG. S5 I-Prz 2925066 GIMEJNf I P A-5 PIE 6256 YES OFPCE I 6 -1 6.699 1K CQN%OMIdMAS 5P/MEZ2 R-I E-i FR 95,107 YES wa GEMS GEMS (61 47-44 (558 (619) 441-M41 (858) 54FOZ54(PAX) 22,0 m .0-.N•.i'311,J0 NV1d lan3-1 133lls 9 D Hl 11 NNW v v v v 940910 T199Nvl RNinB t91lpF M 1.0.. a s19w3YB ao VaD 00 01oR o •01,11.11Ull1 .181111 'n M a'a 4*1 3SA•V 30 N * i9N 40. Oft 015610 = WI1153H uta --IyHo IV11 SOGNOO MBwO@M1M (0IWO W303 1111,111111111 31.20 any a fa9 t%It 3 9.B. iw I. 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PARKING OCCUPANCY 3-3 TYPE 1-4R PARKING OCCUPANCY 5-3 TYPE I -PR ♦ SECTION A SCALE , - RESIDENTIAL SIXTH LEVEL OCCUPANCY R-1 TYPE P 1 NR RESIDENTIAL FIFTH LEVEL ORI PnICY R-1 PIPE UIIR RESIDENTIAL FIFTH LEVEL WPC P 1 134 RESIDENTIAL FOURTH LEVEL ODCUPMVT 11-1 1FE 111 1R RESIDENTIAL FOURTH LEVEL OCCUPANCY R-1 MC R 1 NR • aw 11 PAlSORv1EN CONDOS NATIONAL CITY FINEST LIVRYI I713121110 RM R1C.M0 R 1R PPAYM'610111N R. RP 1RxHR11 R. OmaNNeca0O3114MY a NO1P[]I]I A0 / CC ANN WAN 3507111110N 1R 'Perm NM. .rwmalmwsuc MINS A A A RAIN v,NE RESIDENTIAL THIRD LEVEL OOCIPANCY R-1 TOE 11 IR RESIDENTIAL THIRD LEVEL RMANC R-1 TYPE P 1 NW • 1f ♦ RESIDENTIAL PLAZA/ 2ND LEVEL OLI JPNCY R 1 TOE 11M RESTAURANT STREET LEVEL OCCUPANCY A-3 TYPE 1 CR.. RESIDENTIAL PLAZA/ 2N0 LEVEL OCYAAMY P-1 TYPE 11 NR OFFICE STREET LEVEL OClPNR Y R TYPE 1 AN. PARKING STREET LEVEL CCCANICY 5-3 TYPE 1 CR. ■ PARKING PARKING OCCUPANCY 5-3 OCCUPANCY 5-3 TYPE 'FAN TYPE 1-1N SECTION B Yale. r, W'-0- pes A4.1 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 34 ITEM TITLE Resolution - APPROVING A LEASE WITH FRANK MOTORS INCORPORATED TO USE THE SOUTHERN PORTION OF THE NATIONAL CITY TRAIN DEPOT PARKING LOT (922 WEST 23RD STREET) FOR VEHICLE STORAGE AS A SHORT-TERM USE AND AUTHORIZING THE CHAIRMAN TO FXFCIJTF TTTF T,F.ASE. PREPARED BY DEPARTMENT CDC Staff Community Development Commission x4250 l ""kr EXPLANATION The southern portion of the Train Depot parking lot is underutilized at this time. Prior to expanded activities at the Train Depot site, staff proposes leasing the southern parking lot to Frank Motors Inc. for up to six (6) months as short-term vehicle storage. Frank Motors Inc. currently leases a site two blocks away at the northeast corner of Bay Marina Drive and Cleveland Avenue (former Ace Metals property) for the same use. However, the Ace Metals site will undergo environmental remediation for soil contamination requiring Frank Motors Inc. to vacate the Ace Metals property. The National City Community Development Commission ("CDC") will realize additional revenue that will be used to promote redevelopment objectives in the National City Redevelopment Project Area and the City of National City may realize additional sales tax revenue from Frank Motors Inc. having improved local inventories. Environmental Review The proposed agreement is exempt from CEQA review. Financial Statement There are no costs to the CDC for entering into the lease. Rental for vehicle storage will be $1,860 per month, which will be used to facilitate on -going redevelopment activities. Frank Motors Inc. will be responsible for any improvements and maintenance of the premises. The CDC purchased the property in 1995 for $1,200,000 primarily with grant funding. Account No. STAFF RECOMMENDATION Adopt resolution authorizing the Chairman to execute the lease. BOARD / COMMISSION RECOMMENDATION None. ATTACHMENTS t1. Lease Agreement Resolution No. A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A LEASE AGREEMENT WITH FRANK MOTORS, INCORPORATED FOR USE OF THE SOUTHERN PORTION OF THE NATIONAL CITY TRAIN DEPOT PARKING LOT LOCATED AT 922 WEST 23RD STREET FOR VEHICLE STORAGE ON A SHORT-TERM BASIS WHEREAS, the Community Development Commission (CDC) is engaged in activities necessary to execute and implement the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, in furtherance of the objectives of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.), the CDC desires to facilitate redevelopment of the Marina Gateway sites in the National City Harbor District; and WHEREAS, Frank Motors, Incorporated desires to use facilities at the National City Train Depot site to provide vehicle storage, facilitating re -use of an underutilized property; and WHEREAS, Lease revenue is not less than fair -market for the prescribed terms of the Lease Agreement; and WHEREAS, Lease revenue will provide funding for on -going redevelopment activities to assist in the elimination of blight; and WHEREAS, on October 3, 2006, the CDC held a noticed public hearing at which oral and documentary evidence was received concerning the proposed lease . NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Lease Agreement with Frank Motors, Incorporated for the use of the southern portion of the National City Train Depot site in consideration of fair market value. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of October, 2006. ATTEST: Chris Zapata, Secretary Nick Inzunza, Chairman APPROVED AS TO FORM: George H. Eiser, 111 Legal Counsel LEASE AGREEMENT By and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and FRANK MOTORS, INCORPORATED This Lease made and entered into this 3rd day of October 2006 by and between the Community Development Commission of the City of National City ("CDC"), hereinafter designated as "Lessor," and Frank Motors Inc., hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the southern portion of the parking lot (all real property 185 feet north of southern property boundary) located at 922 West 23rd Street in National City, California ("Vehicle Storage") to facilitate vehicle storage for automobile dealers on the Mile of Cars in National City, California. "Vehicle Storage" is more fully described as Lessee's exclusive use of a 15,500 square feet area on Exhibit "A" as Vehicle Storage. B. The use of said property for the purposes aforementioned will promote the general welfare of all inhabitants in the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. LEGAL STATUS OF OPERATOR: Operator warrants that it is a legal corporation, incorporated under the laws of the State of California. 2. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, commonly described as western portion of the lot located at 922 West 23rd Street, otherwise known as the National City Train Depot site and whose legal description is attached hereto as Exhibit "B." 3. Term. The term of this lease shall be a month -to -month lease, but no longer than six (6) months, beginning on the date first above written. Lessee acknowledges that the use of the site is temporary and agrees to diligently seek an alternative method of vehicle storage. Lessee to initial here -/ lgate 4. Rent. Lessee shall pay as rent for the leased premises ten ($.12) cents per square foot for approximately 15,500 square feet of space, or One Thousand Eight Hundred Sixty and 00/100 Dollars ($1,860.00) per month for the term of this lease, payable on the l'r of each month commencing on the date of signing by the Lessor. Page 1 of 5 Lc. Tr, 1,74 T .1 <F 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 payment, notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: To the Lessee: Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA. 91950-4397 Frank Motors Inc. Attention: James Fornaca, President 2400 National City Boulevard National City, CA 91950 6. Use. The above -described premises are leased to Lessee by Lessor for the purpose of providing vehicle storage. 7. Assignment. This Lease shall not be assigned, hypothecated, leveraged, or transferred without the consent in writing of the CDC, evidenced by a resolution hereof duly adopted for said purpose. 8. Improvements. Lessee shall maintain all improvements in conformance with the laws of the State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. 9. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvements located or to be located on the leased premises Lessee shall be responsible for all maintenance and repair, and the costs of all utilities on the leased premises. Lessee shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. Lessor shall cause the landscaped areas to be cared for, trimmed, mowed, and weeded as necessary to maintain an attractive property. 10. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the Community Development Commission of the City of National City, the City of National City and their officers, employees and agents from all liability, loss, costs, claims, demands, suits, and defense costs arising out of the use and maintenance of the leased premises and the improvements thereon by Lessee or any sub -lessee. 11. Insurance. Lessee shall take out and maintain, throughout the period of this Lease, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. Page 2 of 5 This policy shall name Lessor the Community Development Commission of the City of National City, the City of National City, and their officers, agents, and employees as additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fire in the amounts not less than eighty-five percent (85%) replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate this Lease forthwith. 12. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 13. Termination. This Lease may be terminated by either party (without cause) upon thirty (30) days written notice. 14. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the leased premises. 15. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 16. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by the CDC. Lessee also agrees to pay for and obtain all required regulatory approves (permit) for any signage deemed necessary for the property. Page 3 of 5 Taxes. ;eS ,e ar,d UF}c �IATus that Lease i ay C:itms a pOr esso _ ?ere t subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the leased premises. 18. Waiver of Relocation Assistance. In consideration for the execution of this lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the premises. 19. Termination by Lessor. Notwithstanding any other provision of this lease to the contrary, Lessor may terminate the Vehicle Storage lease upon thirty (30) days written notice to Lessee in the event Lessor determines the leased Vehicle Storage premises are uniquely suited for public, municipal or redevelopment purposes. In the event of such a termination Lessor agrees to work with Lessee to seek reasonable alternative Vehicle Storage, and Lessee shall limit all of its claims for damages against Lessor to require Lessor's good faith assistance in relocating the Vehicle Storage. The burden of securing adequate Vehicle Storage, in any case, is on Lessee. 20. Environmental Compliance. Lessee shall not engage in, nor shall it permit any third party to engage in, activities upon the Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law. Lessee shall be, and remain for the term of this License, in full compliance with all applicable laws governing the use and occupancy of the Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law (hereinafter collectively referred to as "Standards"). In addition, Lessee has been advised that no digging or excavation at the site will be authorized without appropriate environmental oversight. Lessee shall not create nor permit to be created nor permit to exist upon the Premises any non- compliance with Standards or any condition which could be alleged to create a nuisance, public, private or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful Conditions"). Leassee shall contain any Harmful Condition to prevent it from deteriorating. Lease shall notify Lessor immediately of any Harmful Condition or non-compliance with any Standard and Lessee shall notify all responsible local, state, or federal agencies as required by local, state or federal regulations. In the event Lessee fails to be in full compliance with the obligations assumed by Lessee herein and Lessee does not correct such non-compliance within three (3) days of written notice of such failure given by Lessor, Lessor may, but shall not be obligated to, take whatever action is necessary to bring the Premises into compliance. If however, Lessee has begun compliance within the allowed three (3) days of written notice, but such compliance cannot be accomplished with the allowed time frame, Lessor shall not interfere with Lessee' s good faith efforts. If compliance has not been accomplished within fifteen (15) days, Lessor may, but shall not be obligated to, take whatever action is necessary. Page 4 of 5 Lessee shall reimburse Lessor for all costs (including, but not limited to, consulting, engineering, clean up, containment, disposal, and legal costs) incurred by Lessor as a result of Lessee's failure to comply with the foregoing obligations assumed by Lessee, and also such costs as may be incurred by Lessor in abating or protecting against Harmful Conditions and/or a violation of Standards. Lessee shall indemnify, defend and hold Lessor, its employees and agents, harmless from and against any claim or lawsuit, local, state or federal enforcement action, or civil or criminal claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or alleged violation of Standards, or actual or alleged injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of Lessor and Lessee, which arise during Lessee's presence on, or negligent use of, Premises. Except for those Harmful Conditions preexisting the term of this lease, Lessee expressly agrees that the indemnification, and hold harmless obligations assumed by Lessee with regard to abatement of Harmful Conditions and violations of Standards in this Article, shall survive expiration or termination of this Lease. 20. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials, buildings, structures, or other improvements upon the Licensed Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. IN WITNESS WHEREOF, this Lease is executed by the Community Development Commission of the City of National City, pursuant to resolution authorizing the Chairman to execute the same for and on behalf of said CDC, and Frank Motors, Inc., has caused this instrument to be executed by its proper representatives thereon to duly authorized. Community Development Commission Frank Motors, Incorporated Of the City of National City By: Nick Inzunza, Chairman APPROVED AS TO FORM: By: George Eiser, III, CDC Attorney Page 5 of 5 SDERA OUTDOOR STORAGE w , ° VEHICLE STORAGE FRANK MOTORS Exhibit "A" MOTIVATIONAL SYSTEMS INC. MOTIVATIONAL SYSTEMS INC. 23 STREET TRAIN DEPOT ACCESS REMAINING HANDICAPPED PARKING OLSON NEW FENCE FRANK MOTORS ACCESS BAY MARINA DRIVE MARINA GATEWAY HOTEL DEVELOPMENT EXHIBIT "B" orinklk NO 99562O-8 GAL DESCRIPTION • . • : : . ,•-• • . , • . • - • • „ •THE IAND EFERRED TO HEREIN IS SITUATED IN THE STATE ...OF CALIFORNIA, COUNTY OF SAJ. DIEGO,• •.• • , cc). ATIONAL ...., •-•.* ON THE. SURFACE- OP.„.1--..t*P;.1„,„.., Ac1, G• : • •• :••••V., • SAID: -_,:. OR,...: AS QTHER. tiidotio.*.!iitOki:- ',r,(4...,..,; ; •P .----.:.;iiffi::;g-- . : • - -; "- ssougg„......f, .f.'..5: 713, t.SE IN- PR .P.T. ''.. l'01- .S' :.:}ALL;HAVE ...`;:i:P..'':. ::. ,:4 . . . vo:p •11,.0.t. : AID OIL,.: -:-. f: i0.4134YN-.,,,,... A1D.„..... ,.....11f•,i,.::,,..,.--. iiiiB.. 7.t.-,•1,14,1 . , ...Y,;:ES ..iy.it*#. ' ANBY Y OTHER SLAT -DRILLED.::,- 4t .,;:•-: • - - -..f;:,t:t.ir,-!: —.: ;: ---i,„,•,- - .---UIRE EERY UPON,iiii)t;:*#t.?Ok tNOT ..,:::•:•,...... .. illit ' -,,,,,,,•,,x-:,•:,::::.:-,•:,.....;.;:.,;.:::).-.•.:,..k...,..:::,,;..... • CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 3, 2006 AGENDA ITEM NO. 35 ITEM TITLE Resolution — Downtown Specific Plan Consistency Review, an amended plan for `Harbor View Condominiums' Location: 404 E. 8th Street, 419 E. 9th Street, 829 D Avenue, and 831 D Avenue APN: 556-493-01, -02, -03, -04, -05 Applicant: Harbor View Condo Project LLC PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The applicant previously received Consistency Review Approval (DSP-2005-2) on December 13, 2005 for a 63-unit condominium project on this site, but has since acquired an adjacent property and desires to incorporate the parcel into a revised project. The previously approved project site consists of four parcels totaling 25,514 square feet; the recently acquired fifth parcel results in a proposed site totaling 29,250 square feet. The expanded project site would encompass a complete half -block allowing for a more comprehensive and integrated development of the site. The proposed development is a mixed -use condominium building with a total of 75 residential units, 12,905 square feet of commercial space, and 115 parking spaces. The building would consist of up to seven levels above one level of underground parking, with a maximum building height of 73-feet along 8th Street and stepping down to 36-feet along 9th Street. ENVIRONMENTAL REVIEW The project is consistent with the Downtown Specific Plan and therefore adequately addressed in the certified Environmental Impact Report for the Downtown Specific Plan. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommends approval of Downtown Specific Plan Consistency Review (DSP-2006-5). BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution Resolution No. L A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW FOR HARBOR VIEW CONDOMINIUMS LOCATED AT 404 EAST 8TH STREET, 419 EAST 9TH STREET, 829 D AVENUE, AND.831 D AVENUE APPLICANT: HARBOR VIEW CONDO PROJECT, LLC CASE FILE NO.: DSP-2006-5 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 October 3, 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-2006-5, 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. esoi�`Jon . 20CG — October 3, 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 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 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 Environmental Impact Report for the Downtown Specific Plan. 2. Approved Plan. The project shall be developed and maintained in substantial conformance with Exhibit (DSP-2006-5), dated September 4, 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. Sian Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 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. Resolution No. 2006 — October 3, 2006 Page 3 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 furniture; 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 September 14, 2005. 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 measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or ec;iut on No. — October 3, 2006 Page 4 development shall be implemented with the design of the grading. This shall incL d6 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 shall 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.. g) 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 building 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. 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 — October 3, 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. p) 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. 10. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memorandum dated September 12, 2005. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities — The developer shall prepare a capacity study and upgrade the sewer line as necessary. 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 frontages. October 3, 2006 Page 6 11. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements contained in Fire Department memorandurn dated September 12, 2005. a) Automatic fire sprinkler system will be required. b) Wet standpipes will be required c) Automatic and manual fire alarm system with communications system will be required. d) Estimated minimum fire flow will be 3,000 gpm measured at 20 psi residual with a flow duration of 4 hours. e) Underground parking area must have ready emergency access on both sides of parking area. 12. Buildinq Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall 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. 13. Police Department Requirements. The applicant shall comply with all Police Department requirements. 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. a) Evaluate existing bus stops for installation of shelters, benches, trash containers, lighting, and CCTV security cameras with direct feed to NCPD if warranted. Cost for these upgrades shall be borne by the developer. 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) Submit plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for review and comments. Resolution No. 2006 — October 3, 2006 Page 7 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 form and content by the City Attorney of the City of National City. 16. Propertv 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. 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 Attorney of the City of National City and signed by the City Manager prior to recordation. FiC:iOil,l'iCei IVU. d October 3, 2006 Page 8 21. Expiration. This permit shall expire two years after the effective date of approval ur;i as 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 3rd day of October, 2006. Nick Inzunza,Chairman ATTEST: Chris Zapata, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel