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HomeMy WebLinkAbout2006 11-21 CC CDC AGENDA PKTAgenda 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 — November 21, 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 concems 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 interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. I /i 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.national-city.ca.us COUNCIL AGENDA 11/21/06 Page 2 CITY COUNCIL PRESENTATION Employee of the Month Program 1. Judy Wilkins, Administrative Secretary — Fire Department CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the minutes of the regular City Council/Community Development Commission meeting of September 9, 2006, the City Council/Community Development Commission special meeting of September 9, 2006, the City Council/Community Development Commission regular meeting of September 19, 2006, the City Council adjourned regular meeting of September 25, 2006, the City Council/Community Development Commission regular meeting of October 3, 2006 and the City Council/Community Development Commission regular meeting of October 17, 2006. (City Clerk) 3. 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) 4. Resolution approving an agreement with Infrastructure Engineering Corporation to provide the City with engineering design services in the "Not to Exceed" amount of $264,337 for the upsizing of gravity sewers per the Downtown Specific Utilities Impact Report and authorizing the City Engineer to execute the Agreement. (Funding through Sewer Capital Improvements Funds). (Engineering) COUNCIL AGENDA 11/21/06 Page 3 CONSENT CALENDAR (Cont.) 5. Resolution of the City Council of National City approving a contract between Dokken Engineering firm and the City in the total amount of $1,101,000 to provide professional design and right of way acquisition services for the street widening improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue. (Funding for this project is provided 88.53% by Federal (RSTP) and 11.46% by Local Transnet funds.) (Engineering) 6. Resolution adopting an Amendment to the Combined General Plan/Zoning Map from IP-PD to RM-3-PD for an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC) (Case File Nos. GP-2006-1/ZC-2006-1) (Planning) 7. Resolution approving a Tentative Subdivision Map and Planned Development Permit, approving a Negative Declaration, and authorizing the filing of a Notice of Determination for a retirement community including 498 senior residential units on an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File Nos. S-2006-2/PD-2006-1/IS- 2006-1) (Planning) 8. Resolution of the City Council of the City of National City authorizing waiver of the formal bidding process for the purchase and installation of an uninterruptible power supply system from Computer Protection Technology using PC Maintenance and Police Department Funds in the amount of $57,261.28. (City Manager/Information Technology) 9. Resolution of the City Council of the City of National City authorizing waiver of the formal bidding process, and awarding a contract to Progressive Solutions, Inc. for LicenseTrack, PetTrack and BuildingTrack software in the amount of $87,900.00 using PC Maintenance Funds. (City Manager/Information Technology) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Agreement between the National City Fire Department and City of San Diego Firefighters Regional Wellness Program for wellness program services. (Fire) COUNCIL AGENDA 11/21/06 Page 4 CONSENT CALENDAR (Cont.) 11 Resolution of the City Council of the City of National City authorizing funds in the amount of $11,502 as a 20% match from the FY05 Assistance to Firefighters Grant Program for the National City Fire Department to join in the San Diego Firefighters Regional Wellness Program. (Fire) 12. Resolution of the City Council of the City of National City authorizing the acceptance of the Reverse 911 System for the National City Police Department with grant funding of $37,173.75 provided by the County of San Diego Office of Emergency Services. (Police) 13. Resolution of the City Council of the City of National City authorizing the Mayor to sign a nondisclosure agreement between Pacific Bell Company dba SBC California and the City of National City and Sigma Communications, LLC. (Police) 14. Resolution of the City Council of the City of National City authorizing the City Council to waive the bidding process and authorizing the emergency repair of Fire Engine #236. Total Cost: $38,145.45. (Public Works) 15. Resolution of the City Council of the City of National City authorizing an interbudget adjustment, transferring $217,380 from Account #125-2501, Sewer Undesignated Reserves to Account #125-422-222-511, Sewer Automotive Equipment Fund for the purchase of a sewer flusher truck. (Public Works) 16. Resolution of the City Council of the City of National City authorizing an expenditure of $51,268.71 for the completion of the Roosevelt Ave. portion of the Public Safety Camera Project (Phase II -A) and for the implementation of Phase II-B (the integration of City Hall, Fire Department and Library). Such expenditure to be funded through Asset Forfeiture Funds -- Account #131-411-000-570. (Police) 17. Temporary Use Permit — Temporary advertising balloon located at Ouchi's Power Equipment at 225 W. 9th St. from November 22, 2006 to May 22, 2006 from 7 a.m. to 6:30 p.m. — Monday through Saturday with no waiver of fees. (Building & Safety) COUNCIL AGENDA 11/21/06 Page 5 CONSENT CALENDAR (Cont.) 18. Temporary Use Permit — Tijuana Toy Run hosted by Sweetwater Motorcycles on December 10, 2006 from 8 a.m. to 10 a.m. at 3201 Hoover Avenue with no waiver of fees. (Building & Safety) 19. Temporary Use Permit — Rooftop Tent located at Sweetwater Motorcycles at 3201 Hoover Avenue from November 22, 2006 to February 22, 2007 with no waiver of fees. (Building & Safety) 20. Notice of Decision — Planning Commission approval of a modification of a planned development permit to add 480 square feet to an existing residence at 1939 S. Lanoitan Avenue. (Applicant: Ricardo Perez) (Case File M1- PD-2003-3) (Planning) 21. WARRANT REGISTER # 15 (Finance) Ratification of Demands in the amount of $1,275,663.89. 22. WARRANT REGISTER # 16 (Finance) Ratification of Demands in the amount of $706,539.33. 23. WARRANT REGISTER # 17 (Finance) Ratification of Demands in the amount of $1,283,791.28. 24. WARRANT REGISTER # 18 (Finance) Ratification of Demands in the amount of $198.941.77. PUBLIC HEARINGS 25. Public Hearing — Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue. (Applicant: Christie Radder) (Case File No. S-2006-7) (Planning) COUNCIL AGENDA 11 /21 /06 Page 6 PUBLIC HEARINGS (Cont.) 26. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the conversion of ninety-six (96) apartment units to condominiums and a variance for reduced front yard setback at 2005-2025 F Avenue. (Applicant: Chris Christensen for CondoConversions.com) (Case File No. S-2006- 9/CUP-2006-7/Z-2006-5) (Planning) ORDINANCE FOR INTRODUCTION 27. An Ordinance of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code from IP-PD to RM-3-PD for an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File No. GP-2006-1/ZC-2006-1) (Planning) ORDINANCE FOR ADOPTION 28. An Ordinance of the City Council of the City of National City amending Section 2.01.020 W of the National City Municipal Code pertaining to the authority of the City Manager. (City Attorney) NEW BUSINESS 29. Approval of the conceptual design for a bronze art sculpture at National City's main Fire Station #34. (Community Services) 30. Memorandum of Understanding for Multi -Disciplinary Anti -Trafficking Task Force. (Police) 31. Requirement to fill vacancy on City Council. (City Attorney) 32. Grant of permission to Councilwoman Zarate to be absent from City Council meetings. (City Attorney) 33. National City Transit Monthly Report for November — 2006. (John P. Webster, Sr., Vice President -General Manager, National City Transit) COUNCIL AGENDA 11/21/06 Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 34. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 10/04/06 through 11/01/06 of $1,336,236. (Community Development Commission/Finance) 35. Resolution supporting California legislative efforts related to brownfield development providing increased environmental protections by increasing and improving communications between regulators and local government. (Community Development Commission) 36. Resolution of the Community Development Commission authorizing the Chairman to accept and file the Morgan Square Independent Audit Report for year ending December 31, 2005 conducted by Sonnenberg & Company, CPA's dated July 28, 2006. (Community Development Commission) 37. Resolution approving an Exclusive Negotiation Agreement (ENA) with San Diego Habitat for Humanity for 1820 G Street (APN# 560-233-06) and 1441 Harding Avenue (APN# 559-085-08), and authorizing the Chairman to execute said Agreement. (Community Development Commission) 38. Resolution approving an Agreement with the Law Offices of Donald W. Detisch for as needed legal services and authorizing the Chairman to execute said Agreement. (Community Development Commission) PUBLIC HEARING 39. Public Hearing — Downtown Specific Plan Consistency Review for project, `Lumina'. Location: 1105, 1121, 1123, 1125 National City Boulevard and 41 East 12th Street. APN: 556-554-16, 17, -18, -19, -20. (Applicant: Constellation Property Group. Case File No.: DSP-2006-6. (Community Development Commission) COUNCIL AGENDA 11/21/06 Page 8 NON CONSENT RESOLUTIONS 40. Resolution approving the Downtown Specific Plan Consistency Review for project, `Lumina'. Location: 1105, 1121, 1123, 1125 National City Boulevard and 41 East 12th Street. APN: 556-554-16, 17, -18, -19, -20. (Applicant: Constellation Property Group. Case File No.: DSP-2006-6. (Community Development Commission) 41. Resolution approving a design concept plan by Palm Plaza Associates, LLC for development of a 1.07 acre parcel located at 1640 East Plaza Boulevard (APN# 557-410-20) in National City, California. (Community Development Commission) 42. Resolution approving an Exclusive Negotiation Agreement with Home Depot USA, Inc. and Pacific Steel, Inc. and authorizing the Chairman to execute the Agreement. (Community Development Commission) NEW BUSINESS 43. Report: Community Development Commission owned parcel at 405 West 1 8tn Street. (APN #559-063-04), National City, California. (Community Development Commission) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — December 5, 2006 - 6:00 p.m. — Martin Luther King, Jr. Community Center- 140 East 12th Street, National City, California TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM November 6, 2006 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM ITEM #1 11/21/06 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In so doing, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in November 2006 is Judy Wilkins, Administrative Secretary, By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, November 21, 2006, to be recognized for her achievement and service. Attachment (1) xc: Judy Wilkins Chief Roderick Juniel Councilmember Natividad Human Resources — Office File AJ L:I m Performance Recognition Program (2) ® Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Administrative Secretary Judy Wilkins for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.). Do not exceed 150 total words. Please be as specific as possible when giving your examples. Judy Wilkins is a 19 year employee who is being nominated for her devotion and dedication to the City and the Fire Department. Judy is an integral part and a vital member of the Department. Her knowledge and understanding of all administrative functions and workings are exceptional. She is always willing to assist our community and developers alike. Her customer service skills are excellent. It seems that Judy always has the answer weather a FD question or a City directed question. She always makes certain that the person gets the correct answer and/or to the right person within the City. Judy is there to assist the internal customer as well. Simply put, if you have a question and need an answer, Judy's the go to person. She performers her duties and responsibilities thoroughly and with great care. Judy is a true asset to the City and especially the Fire Department. FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Personnel Director Nominated by: Roderick Juniel, Fire Chief Signature Date: November 1, 2006 NC PersDept Fonn 2003 ITEM #2 11/21/06 APPROVAL OF THE MINUTES OF: THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF SEPTEMBER 9, 2006; THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING OF SEPTEMBER 9, 2006; THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING OF SEPTEMBER 19, 2006; THE CITY COUNCIL ADJOURNED REGULAR MEETING OF SEPTEMBER 25, 2006; THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING OF OCTOBER 3, 2006; AND THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING OF OCTOBER 17, 2006. (CITY CLERK) - '�•�IiA i111111e 1�•t ITEM #3 11/21/06 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". City of National City, California COUNCIL AGENDA STATEMENT ...METING DATE November 21, 2006 AGENDA ITEM NO. 4 c(TEM TITLE Resolution approving an agreement with Infrastructure Engineering Corporation to provide the City with engineering design services in the "Not to Exceed" amount of $264,337 for the Upsizing of Gravity Sewers per the Downtown Specific Utilities Impact Report, and authorizing the City Engineer to execute the agreement. (Funding through Sewer Capital Improvements Funds) PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION See Attached Explanation. 1 Environmental Review N/A MIS Approval Financial Statement AAproved,By: ZAO This agreement is for a "Not to Exceed" amount of $264,337. Funds are available in Fiance Director Account No. 125-409-500-598-2014. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. l . Resolution 3. Exhibit "A" proposal for Engineering Design Services 2. Proposed Agreement infra A-200 (Rev. 7/03) Resolution approving an agreement with Infrastructure Engineering Corporation to provide the City with engineering design services in the "Not to Exceed" amount of $264,337 for the Upsizing of Gravity Sewers per the Downtown Specific Utilities Impact Report, and authorizing the City Engineer to execute the agreement. (Funding through Sewer Capital Improvement Funds) EXPLANATION: The Engineering Department is in need of a consultant engineering firm to design and develop bid documents for the upsizing of existing gravity sewer lines in the Downtown Specific Plan Area of National City. On April 5, 2005 the City Council issued Resolution No. 2005-64 authorizing the Mayor to execute a multiyear contract with Infrastructure Engineering Corporation to provide "as needed" engineering consulting services for the City's capital improvements project. This was the result of an extensive Request for Qualifications (RFQ) process. In July 2006, Infrastructure Engineering Corporation completed the Downtown Specific Plan Utilities Impact Report for the City in which the potential impacts of new development on utilities, including sewers, were studied. This agreement with Infrastructure Engineering for engineering design services is based on this report. The design will include 38 sewer gravity mains that are required to be upsized to accommodate the additional sewer flow from the new developments per the Downtown Specific Plan. The construction cost of these sewer improvements is estimated at approximately $2.6M. Infrastructure Engineering is familiar with the City's engineering design requirements. Based upon the staff's request, Infrastructure Engineering has a proposed scope of work, outlined in Exhibit "A" of the agreement, to perform the required services. This scope of work is consistent with the City's engineering design needs. The fee for performing the work per the cost proposal is a "Not to Exceed" amount of $264,337. This contract for $264,337, and the approximately $2.6M in sewer improvements that will be designed through it, will be initially funded by the Sewer Capital Improvement Fund. However since these improvements are necessary due to the development as allowed it in the Downtown Specific Plan, it is appropriate for developers in the area to each pay a share in conjunction with their development. The equitable method of assessing each development parcel within the area is a component of the Downtown Specific Plan Utilities Impact Study. The DSP Utilities Impact study results were presented to Council at a prior meeting, along with the plan to assess each parcel so that growth is responsible to pay for growth. A resolution to actually create this development impact fee has not yet been presented to City Council, but will be a component of the comprehensive impact fee study currently being prepared by Maximus, and soon to be presented to City Council for consideration by the Building and Safety Department RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH INFRASTRUCTURE ENGINEERING CORPORATION TO PERFORM ENGINEERING DESIGN FOR THE UPSIZING OF EXISTING GRAVITY SEWER MAINS FOR THE "NOT TO EXCEED" AMOUNT OF $264,337 WHEREAS, the City desires to employ a Contractor to perform engineering design for the upsizing of existing gravity sewer mains; and WHEREAS, the City has determined that Infrastructure Engineering Corporation is a firm specializing in engineering work, and is qualified by experience and ability to perform the services desired by the City, and Infrastructure Engineering Corporation is willing to perform such services, in the "Not to Exceed" amount of $264,337. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Infrastructure Engineering Corporation to perform engineering design for the upsizing of existing gravity sewer mains for the "Not to Exceed" amount of $264,337. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 215` day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DOKKEN ENGINEERING THIS AGREEMENT is entered into this 21st day of November, 2006, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Dokken Engineering, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the professional civil engineering and right of way acquisition services for the Street Widening Improvements on Plaza Boulevard from Highland to Euclid Avenues. WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Civil Engineering consulting firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10 % from the base amount. 1 Revised April 2005 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Chris Johnson thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, • Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the 2 Revised April 2005 CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a Revised April 2005 current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES. PERMITS. ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff ortermination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 Revised April 2005 places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 5 Revised April 2005 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- 1.. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have ment. 6 Revised April 2005 and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; 7 Revised April 2005 (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Chris Johnson Consultant Project Manager Dokken Engineering 5675 Ruffin Road, Suite 250 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY 8 Revised April 2005 of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or. subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedu/es. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A — Scope of Services (see also Attachments A-1 through A-3) Exhibit B — Cost Summary Exhibit C — Progrm Schedule Exhibit D — Certification of Consultant Exhibit E — Certification of Local Agency Exhibit F — DBE Form Exhibit G — Nonlobbying Certification Exhibit H — Disclosure of Lobbying Activities Exhibit I — Debarment and Suspension Certification 9 Revised April 2005 F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of .this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation .of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments. hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY DOKKEN ENGINEERING (Corporation - signatures of two corporate officers)) (Partnership - one signature) (Sole rietorship - oneignature) By: By: Nick Inzunza, Mayor (Name) APPROVED AS TO FORM: George H. Eiser, Ill City Attorney (Title) y CE (;(/ (Name) (Title) 10 Revised April 2005 EXHIBIT "A" DOKKEN EXHIBIT "A" SCOPE OF SERVICES PLAZA BLVD PS&E PROJECT DESCRIPTION The City of National City will widen approximately 1.8 kilometers (1.1 miles) of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805 (I-805). The project will widen Plaza Boulevard from its present 4 lanes to 6 lanes, consistent with its Circulation Element status in the National City General Plan. The proposed improvements will take place primarily on the northern side of Plaza Blvd, with some widening proposed along the south side. ASSUMPTIONS • Proposed improvements within the state right of way will be submitted as a separate stand-alone PS&E package to Caltrans. • Improvements to the interchange ramps are not part of this scope of services. • Enhanced pedestrian street crossings (cobblestones or decorative block design) are not part of this scope of services. • Although the landscape concepts will generally follow guidelines from the Filipino Village concept plans, no improvements related to the Filipino Village concept are included in this project, other than the planting and irrigation systems for the landscape medians and parkways, as specifically shown in the improvement drawings included in the VIA Study. • Landscape plans shall depict repairs to existing planting and irrigation systems on private properties along Plaza Avenue that have been disturbed by the Plaza Blvd widening project. TASK 1.0 PROJECT MANAGEMENT Project Management shall be conducted to ensure a smooth flow of information 1 DOKKEN k f.A 1 e4, iS H t.VN between PDT members. Management tasks include: Task 1.1 Kick-off Meeting Consultant shall schedule and conduct a kick-off meeting within two weeks of Notice to Proceed (NTP). Consultant shall contact all members of the PDT to coordinate the scheduled meeting date. A Meeting Notice, an Agenda and Meeting Minutes shall be prepared for the kick-off meeting. Task 1.2 PDT Meetings Consultant shall coordinate and attend Project Development Team (PDT) meetings with City, Cities, and Caltrans staff and other representatives from resource agencies as necessary. Minutes shall be prepared by the Consultant at each meeting and distributed to the City's Project Manager and other attendees. An Action Item list shall be updated and prepared for each PDT meeting. Task 1.3 Monthly Progress Reports Consultant shall prepare progress reports to record the progress of the project and as supporting data for invoices presented monthly to the City. The Progress Report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues and schedule completion target dates. Consultant shall mail progress reports with the monthly invoices and deliver the Progress Reports to the City and Caltrans Project Managers at the monthly PDT meetings. Task 1.4 Project Schedule Consultant shall, within 2 weeks of Notice to Proceed (NTP), provide a detailed project baseline schedule, indicating milestones, major activities and deliverables, to the City and Caltrans for review and comments. Consultant shall update the schedule on a monthly basis to coincide with the PDT meetings or as required. Task 1.5 Quality Control Consultant shall have a quality control plan in effect during the entire course of the project. Consultant shall develop a plan establishing a process to ensure design 2 13. DOKKEN RtW ff. 1.44: calculations are independently checked. Exhibits and plans shall also be checked, corrected and back -checked for accuracy and completeness. Consultant shall review environmental and engineering Sub -consultant report submittals to ensure that appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with current standards. Task 1.6 Funding Assistance Consultant shall assist the City in identifying and obtaining funding to complete the construction of the project including attendance at meeting with key stakeholders and funding agencies. Task 1.7 Construction Authorization Assistance Consultant shall prepare all necessary documentation and forms for obtaining authorization to proceed with construction from Caltrans District Local Assistance Engineer (DLAE). TASK 2.0 SURVEYS & MAPPING Task 2.1 Design Surveys Consultant shall perform design surveys including, edge of traveled way surveys, topographic surveys, topographic surveys of areas obscured to aerial photography, existing conform locations and existing drainage invert surveys. Consultant shall provide all required traffic control measures during surveying field work in accordance with the latest edition of the Caltrans Manual of Traffic Controls, the details in the Regional Standard Drawings, and the W.A.T.C.H. Manual. Task 2.2 Survey Cross Sections Consultant shall complete survey cross sections within the project limits. Critical features between section stations shall be surveyed. Task 2.3 Utility Mapping Consultant shall perform a utility search for affected utilities in the project area. The search shall include field review and review of available as-builts and encroachment 3 11 DOKKEN Af.1.1 e.R.k If.l N41 permits for the project area. Consultant shall research records for both public and franchise utilities and shall plot the location of all existing facilities including: water, storm drain, electric, and fiber optic cable. Consultant shall include preparation of a database of utility records indicating the type of utility, owner, drawing number, and other vital information. The identified utility companies shall be sent a letter requesting information regarding existing and proposed utilities. Using the information obtained, Consultant shall prepare a utility base map and begin early coordination of utility conflict resolution. Task 2.4 Utility Conflict Identification Consultant shall survey all visible utility features within the proposed area of improvements and identify all critical utility crossings that should be potholed during the design phase to confirm the location so as to avoid conflicts during construction. Task 2.5 Potholing Consultant shall coordinate with City and Caltrans staff to arrange with the respective utility owner to pothole its facility as required. Consultant shall coordinate the use of field survey crews to locate potholed utilities by coordinates and elevations based on the project's survey controls. Task 2.6 Right of Way Requirements Map Consultant shall prepare a right of way requirements map based on the right of way requirements for the build alternative. The right of way requirement maps shall define all property acquisition and easement areas required. TASK 3.0 UTILITY COORDINATION Task 3.1 Utility Coordination Consultant shall complete all utility coordination matters, except for those procedures that must be performed by City. Consultant shall coordinate with public and private service providers in regards to traffic control and construction staging. Consultant shall provide copies of the plans in digital format if requested by the 4 /5 DOKK.EN AAiv i[. 6.KHI.V (: utilities. Consultant shall coordinate with the Caltrans Utility Coordinator for all utility clearances and relocations. Consultant shall coordinate with utility owners, City and Caltrans utility coordination staff with respect to all utility related matters, including: • Requests for utility as -built plans and inventory maps. • Request for property rights information. • Design coordination meetings and communications. • Notices to owner to initiate design. • Notices to owner and agreements to pothole including submissions to Caltrans for encroachment permits. • Inclusion of utility information, including sub -surface engineering data, on improvement plans. • Notices to owner to relocate conflicting utilities. • Coordination and communication with respect to utility facilities that are to be installed within planned bridge structures including preparation of agreements as required. • Coordination and communication with respect to utility facilities that are to be installed prior to or concurrent with City's construction project, including preparation of agreements as required. • No conflict letters. • Coordination of the implementation of the under grounding of utilities as identified in Resolution 91-221 (City of National City 1991) for the Plaza Boulevard Underground Utility District and extending that to encompass the entire proposed action corridor shall be coordinated by the Consultant. Task 3.2 Utility Coordination Meetings Consultant shall conduct utility coordination meetings, as needed, regarding adjustments and relocations, to resolve conflict issues, and with respect to performing work for utility companies by City contractors. For utility conflicts that 5 DOKKEN M t. 1&t:HK t R4' require relocating, Consultant shall prepare notices to owner relocate conflicting facilities. However, it is expected that City staff will sign the orders. Consultant shall make recommendations for special provision language with regard to utility issues, recommendations for construction windows of time for utility relocation activities, recommendations for inclusion of utility bid items, etc. Consultant shall coordinate with City survey and utility companies as required with respect to prior rights claims and determinations. Task 3.3 Utility Correspondence Consultant shall provide copies of all correspondence with utility companies and other utility related information to the City and Caltrans as required. Consultant shall implement utility coordination and relocation in accordance with Caltrans Right of Way Manual, Chapter 13 and necessary City procedures, including but not limited to: • Preparation of letters to owners of utilities. Consultant shall prepare letters for County signature as required. Consultant shall prepare and send correspondence under Consultant's signature when feasible and appropriate. • Submittals. Consultant shall submit letters, notices to owner, agreements, and other documents to City and Caltrans for reviews and approvals. • Consultant shall comply fully with Caltrans utility coordination procedures, as outlined in Chapter 13 of the Caltrans Right of Way manual. Consultant shall maintain files in accordance with Caltrans filing requirements, and shall provide Caltrans with duplicate files and shall provide City with original files upon completion of construction. Task 3.4 Utility Conflict Resolution Known utility conflicts shall be shown on the plans with construction notes indicating action to be taken and by whom. Inventory numbers of poles, vaults and other surface facilities shall be shown on the plans for those facilities that have such numbers attached to the facility and as provided on the owner's inventory maps. 6 /7 DOKKEN Consultant shall send preliminary design plans to owning utility companies within the project limits with request for review and comments on the plans relevant to their respective facilities, and other project specific information. Consultant shall monitor responses of utility notices received and make recommendations for mitigating conflicts. Utility conflict issues shall be resolved prior to the completion of the final design plans as follows: • Consultant, through City staff, shall request and obtain a written acknowledgement of any conflicts from the respective utility owners. • Reasonable efforts shall be taken to accommodate utility company requests for minor design changes to accommodate their facilities. Consultant understands that the utility companies are generally operating within the City or Caltrans right-of-way, but may have prior rights to that of the City/Caltrans or may have rights prescribed by Master Utility Agreements between Caltrans and utility companies. • Consultant shall coordinate inclusion of special provisions in City's bid documents for adjustments and relocations of utility facilities as alternate bid items, if requested by the owning utility. Said work may require that cooperative agreements be prepared between the City and the owning utility companies. Consultant shall prepare agreements and shall provide information and exhibits as required to support the preparation of cooperative agreements, if needed. Task 3.5 Utility Service Connections If new electrical service shall be needed, Consultant shall provide support as directed by City. Such support includes, but is not limited to, the following responsibilities: • Obtain approved electrical service point from the serving electric company for each service equipment enclosure to be installed, and identify requirements that the serving electric company has for the provision of service. Fulfill DOKKEN hh 414A.k IL1 VI: serving electric company requirements as appropriate, including preparation of applications for service and other required documents, some of which may require City or Caltrans signatures. • Serving electric company shall be notified that Electrical Safety Orders clearance requirements must be met (10 foot radial clearance between 12 kv overhead electrical facilities and signal poles and mast arms, and greater clearance for higher voltage electrical facilities). Show such clearance conflicts on the plans with construction notes. • Submit plans indicating proposed service connection locations to serving electric company for approval (service equipment enclosure, conduit runs, riser quadrant, pole number, and connections to vaults as appropriate). • Provide detailed load calculations to serving electric company, with a copy to the City, which provides calculations of the normal and maximum expected loads. Task 3.6 High/Low Risk Utility Certification Consultant, in accordance with the RTL Guide and Appendix LL "Policy on High and Low Risk Underground Facilities within Highway Right of Way" of the Project Development Procedures Manual (PDPM), shall review existing utilities and determine whether the facilities are high or low risk. TASK 4.0 GEOTECHNICAL DESIGN Task 4.1 Literature Review and Reconnaissance Consultant shall begin the investigation by reviewing available geologic and geotechnical literature pertaining to the project site. Consultant shall review published soil and geologic data as available from appropriate public agencies. The review shall include a review of reports and geologic maps prepared by the California Geological Survey, the U.S. Geological Survey, and other government agencies. Consultant shall also review Caltrans reports and documents pertaining to the 8 DOKKEN. 111'. U.*.k4H.l .M4 existing structure, if available for review. A geologic/geotechnical reconnaissance by a California Certified Engineering Geologist and/or a California Registered Geotechnical Engineer shall be performed along the full length of the proposed improvements, to observe and check for geological conditions and features that could impact design, construction and cost of the proposed improvements. Task 4.2 Field Investigation and Utility Clearance Prior to the field investigation, Consultant shall submit a plan showing locations of the proposed borings along with a completed application package to Caltrans District 8 Permit Office to obtain an Encroachment Permit. Following Caltrans appraisal, and prior to drilling, Consultant shall contact Underground Service Alert (USA) to identify potential conflicts between our planned boring locations and existing underground utilities. Traffic control shall be required for drilling within portions of the existing right of way. Consultant shall drill and log up to six geotechnical borings for evaluation of subsurface conditions to support preliminary foundation studies and pavement design. Two borings shall be completed in the area of the tie -back retaining Walls. The location of the borings shall be determined following our literature review and site reconnaissance. Task 4.3 Laboratory Testing Laboratory testing shall be performed on selected samples obtained during field exploration to assess the physical characteristics of the subsurface materials. The testing shall include moisture/density, gradation, plasticity index, sand equivalent, consolidating/collapse potential, direct shear strength, maximum density/optimum moisture content, R-value and corrosion potential. The testing program may be modified based on the actual subsurface materials encountered during exploration. Task 4.4 Geotechnical Design Report Consultant shall prepare a Geotechnical Design Report for design and construction of embankments and pavement structural sections in general accordance with 9 DOKKEN r M�. ..n v. California Test Method CAL-130, and shall present the data obtained during field exploration and laboratory testing, as well as conclusions and recommendations pertaining to the following: • Project description including proposed improvements, climatic conditions, terrain and surface drainage, and land use. • Discussion of geotechnical settings including regional geology, subsurface soil and groundwater conditions. • Recommendations for design of retaining walls, including foundation type, allowable capacity and lateral pressures. • Recommendations for construction of roadway and embankment foundations and estimated settlement. • Evaluation of gross and surficial stability of the proposed fill slopes. • Earthwork considerations, including excavation characteristics and erosion controls. • Collapse, expansive and corrosion potentials of the subgrade soils and recommended mitigation measures, if necessary. • Earthquake considerations including seismic design criteria for fill embankment, and seismic hazards including the potential for liquefaction, ground rupture due to surface faulting and seismically induced settlement. • Recommendations for pavement structural design based on traffic indices assumed or provided by the client. • Pavement design shall consist of a cost estimate for the pavement items, existing structural section information, existing and projected traffic data, Traffic Indexes, R-values, and a pavement condition survey. Consultant shall conduct a visual condition survey of the project pavement surface. The focus of the survey shall be to identify distresses that need to be addressed as part of the rehabilitation recommendations or distresses possibly caused by DOKK.EN It 41 F R..141 t I: M1, pavement structural problems. Some of these distresses may include: • Fatigue cracking (alligator cracking, edge cracking) • Longitudinal and transverse cracking • Block cracking • Rutting • Pot holes, depressions • The distress types, severities and quantities identified on the project site shall be documented for evaluation and inclusion in the final report. • Discussion of materials available including local and commercial sources and materials specifications. • Logs of Test Borings (LOTB). Task 4.5 Structures Foundation Report Consultant shall prepare a Structures Foundation Report in accordance with Caltrans Guidelines for Foundation Investigations and Reports, and shall include the following: • Seismic design recommendations including recommended acceleration response spectra in accordance with the current Caltrans Seismic Design Criteria. • Recommendations for design and construction of shallow or deep foundations including recommended bearing capacities, lateral resistance, and total and differential settlements. • Overall stability analyses of footings, slope and foundation materials; evaluation for static and pseudo -static conditions. • Construction considerations. • Log of Test Borings (LOTB) Sheets. • The conclusions and recommendations pertaining to design and construction of foundation systems shall be presented in a Draft Structure Foundation DOKKEN Report with a site map showing boring locations, LOTB Sheets and laboratory test results. • Consultant shall prepare LOTB Sheets to be included as part of the Foundation Report and Contract Plans. TASK 5.0 35% PS&E PACKAGE Consultant shall develop plans to 35% standards for PS&E. The plan sheets shall include: Task 5.1 Title Sheet Consultant shall prepare a title sheet that includes an index of sheets, the project description, location map, notes, title and signatures blocks in City plan sheet format. Task 5.2 Typical Cross Section Sheets Consultant shall prepare typical section sheets for freeway lanes, ramps and arterial road improvements that include original ground, traveled way, shoulders, cut/fill slopes, retaining and sound walls, existing/proposed right of way and existing/recommended structural sections. Task 5.3 Key Map/Line Index Sheet Consultant shall prepare a key map/line index sheet that includes a location outline of all plan view sheets. A summary table defining the location of each roadway sheet shall be prepared. Horizontal alignments shall be identified and annotated with the "Line" name. Task 5.4 Layout/Curb Profile Sheets Consultant shall prepare base geometrics include geometric data required to construct the project and curb profiles. Geometric curve data shall be organized in a data table. A legend and abbreviations list shall be prepared along with a "location of sheet" diagram for ease of layout understanding. Task 5.5 Curb Return Layout/Profile sheets 12 3 DOKKEN h J�iv U, *.«Ht V(: Consultant shall prepare curb return layout and profiles for the street improvements. Task 5.6 Draft Engineer's Estimate Consultant shall prepare a Draft Engineers Estimate of construction costs, based on preliminary design information and current unit prices. All quantity calculations shall be independently checked and substantiated with independent calculations. Task 5.7 Structure Type Selection • Site Plans. Consultant shall obtain and review the as -built drawings of the existing bridge structure and perform site surveys as necessary to determine existing conditions and topography and to establish or verify construction survey controls. Before beginning the structural design, the Consultant shall prepare and deliver the required number of copies of the completed Bridge Site Data Submittal Package to Caltrans for review. • Type Selection. Consultant shall produce, submit and present the Type Selection Report for the Tie -back Retaining Walls. Consultant shall schedule, hold, run and document a Type Selection Review Meeting, in Sacramento, to discuss and provide information on foundation requirements, proposed seismic design criteria, aesthetics, traffic handling, and other pertinent information related to wall design, construction and maintenance. Consultant shall perform drainage design calculations for the proposed bridge deck drainage systems and prepare a Bridge Drainage Report summarizing the findings. The Type Selection Report shall contain a General Plan; General Plan Estimate; Vicinity Map; Type Selection Memo; Project Seismic Design Criteria; and supporting documentation for potential seismic retrofit strategies and associated costs. • Structures Aesthetic Treatment Package. Consultant shall prepare an Aesthetics Treatment Package for structures. The package shall consist of proposed aesthetically enhancing structural details and surface treatments. DOKKEN k it i'.1 AL.K Rt.V I: The package shall be submitted to the City and Caltrans for approval. Deliverables: Consultant shall submit 30 sets of 35% plans, reduced to 11" x 17" size, and an engineer's estimate. Consultant shall complete and obtain Type Selection approval for the Tie -back Walls. After receiving written approval of the proposed General Plan and structure type, the Consultant shall furnish OSFP with 15 Copies of the Type Selection Report; 1 Copy Bridge Site Data Submittal form and attachments; 2 Copies Draft Foundation Plan; 4 Copies Bridge Drainage Report; 40 Copies Approved General Plan. TASK 6.0 65% PS&E PACKAGE Consultant shall complete roadway, drainage, traffic,. miscellaneous plans, special provisions, the engineer's estimate and a draft drainage report for review by the City and Caltrans at the 65% completion stage. Consultant shall prepare the following sheets: Task 6.1 Title Sheet Task 6.2 Typical Cross Section Sheets Task 6.3 Key Map/Line Index Sheet Task 6.4 Street Layout/Street Curb Profile Sheets Task 6.5 Curb Return Layout/Profile sheets Task 6.6 Driveway Layout/Profile Sheets Task 6.7 Construction Detail Sheets Construction detail sheets shall be prepared for street intersections, driveways, curb transition details, and miscellaneous details required for the project. Task 6.8 Water Pollution Control Sheets Consultant shall prepare plans for erosion control facilities for the project. Design of these facilities shall include current Best Management Practices and shall conform to the City and other requirements of Caltrans and the Regional Water Quality Control Board. 14 ;75 OKKEN kA 3'r If. If.16 St 1N/3 �•rr.y ..... r. Task 6.9 Contour Grading/Drainage Sheets Consultant shall prepare contour grading sheets/drainage sheets. Task 6.10 Drainage Profile Sheets Consultant shall prepare drainage profile, detail and quantity sheets. Task 6.11 Utility Sheets Consultant shall prepare utility sheets that shall depict both existing and relocated utilities. Task 6.12 Stage Construction/Traffic Handling Sheets Consultant shall prepare traffic handling plans, which show closure of lanes, detours, construction area signs and number of available lanes. Included in these plans are signing, striping, temporary traffic signals and quantities. Task 6.13 Pavement Delineation/Signing Sheets Consultant shall prepare pavement delineation/signing plans, pavement delineation/ signing quantity sheets. Task 6.14 Planting/Irrigation Sheets Consultant shall prepare planting/irrigation sheets including details/quantities. The plans shall include the design and preparation of the planting and irrigation improvements within the project limits. The plan submittals shall include the following drawings: • Plant Lists - indicating the plant botanical and common names, sizes, quantities, and fertilizer application rates for each, planting setbacks and clearances, and plan symbols representing each. A plant list shall be prepared for both the City and Caltrans right of way areas. • Planting Plans - indicating the plant locations, types, and quantities, and graphic symbol representative for each. • Irrigation Schedules - indicating the irrigation emission devices, the characteristics for each product, specific materials requirements, and D OKKE N �Y fCrINO.K Mt H{i ,r components legend. An irrigation schedule shall be prepared for both the City and Caltrans right of way areas. • Irrigation Plans - indicating diagrammatic locations, types, and sizes, of all proposed irrigation materials, including points of connection, backflow preventers, automated irrigation controllers, remote control valves, master valves, flow sensors, conduit, piping, and emission devices. Existing irrigation systems shall be inventoried and notes provided on the plans indicating repairs due to roadway excavation to enable the widening. The Consultant shall coordinate with the Electrical Engineer to provide the electrical supply and phone services to the automated controller locations. • Planting and Irrigation Details - indicating the typical installation requirements for plantings and irrigation components, including City standard irrigation controls. Task 6.15 Traffic Sheets Consultant shall prepare plans to upgrade intersection controls, including new traffic signals. Consultant shall prepare traffic signal design plans for interim, during construction and the ultimate improvements. The plans shall include all work necessary to install the traffic signals and shall conform to the requirements of the City and Caltrans. Task 6.16 Retaining Wall Sheets Consultant shall prepare tie -back retaining wall sheets including typical sections, details and architectural treatments. • Structures Independent Check. An Independent Check of the Tie -back wall design shall be completed. Checking shall include the preparation of an independent set of structural design check -calculations. Task 6.17 Sound Wall Sheets Consultant shall prepare sound wall sheets including typical sections, details 16 .2 D OKKE N kt.Y.1I,t.Kt+. tali and architectural treatments. Task 6.18 Draft Special Provisions Consultant shall prepare project specific roadway Special Provisions in accordance Caltrans' standards. The Roadway Special Provisions shall bear the State of California Registered Professional Engineer registration seal with the signature, license number and registration certificate expiration date of the Engineer who prepared the special provisions or the Engineer under whose direction they were prepared. A list of contract items with item descriptions, item numbers, and units of pay, and item pay codes, but without quantities or estimated unit costs, shall be included in the special provisions. Task 6.19 Draft Engineer's Estimate Consultant shall prepare an Engineers Estimate of construction costs, based on detailed quantity takeoffs and current unit prices. The final estimate format shall be the standard Caltrans estimating system. Task 6.20 Draft Hydrology/Drainage Report Consultant shall research all existing improvement plans and drainage maps to obtain pertinent drainage information and plot said information on a tributary map. Consultant shall determine the limits and characteristics of watersheds, existing and future drainage facilities, and existing and future developments affecting the project limits. The information shall be included in the hydrology study and considered in the design of drainage facilities. Consultant shall analyze existing drainage systems for their ability to accommodate future design flows and propose drainage modifications/ improvements for the project in accordance with Caltrans/City requirements. Task 6.21 Draft Storm Water Data Report (SWDR) • Identification of Impacts. Consultant shall identify potential storm water quality impacts and develop options to avoid, reduce or minimize the potential for storm water quality impacts. Consultant shall ensure that the DOKK.E +ir k f;� IhO:KM1.NN •4 . rA4{ F•i.#•. ,\ N,x programmed project includes sufficient right-of-way and budget for required storm water controls and identify project -specific permanent and temporary Best Management Practices (BMPs) that may be required to mitigate impacts. Drainage areas and total disturbed area shall be defined, as shall climatic conditions, existing drainage site conditions, site permeability, soil texture, existing vegetation and groundwater. • Evaluation Documentation Form. Consultant shall determine hydraulic conditions, disturbed soil areas, local pollution control requirements and total maximum daily loads (TMDLs) within the project vicinity. • Site Data and Storm Water Quality Design Issues. Consultant shall define site data and storm water quality design issues in accordance with checklists SW- 1, SW-2 and SW-3 from the Caltrans Project Planning and Design Guide: • Receiving water bodies/303(d) list/Pollutants of Concern • Regional Water Quality Control Board (RWQCB) special requirements/concerns • Local agency requirements/concerns • Project design considerations (climate, soil, topography, geology, groundwater, right of way requirements, slope stabilization • Right-of-way BMP costs and funding • Measures for avoiding or reducing potential storm water impacts • Design Pollution Prevention BMPs. Consultant shall describe proposed design pollution prevention BMPs to be used on the project in accordance with checklists DPP-1, Parts 1-5: • Downstream effects related to potentially increased flow, • Slope/Surface protection systems. • Concentrated flow conveyance systems. • Preservation of existing vegetation. DOKKEN A 11 M1 t16.k M.1 VI: • Permanent Treatment BMPs. Consultant shall describe proposed permanent treatment BMPs to be used on the project in accordance with checklists T-1, Parts 1-7: • Biofiltration Swales/Strips • Dry weather diversion • Infiltration basins • Detention basins • Gross solids removal devices • Traction sand traps • Media filters • Multi -chamber treatment train • Wet basins • Construction Cost Information. Consultant shall prepare a summary of construction costs included in the Preliminary Construction Cost Estimate Summary associated with storm water pollution prevention. Task 6.22 Draft Traffic Management Plan (TMP) Consultant shall prepare a Draft Traffic Management Plan (TMP). The TMP shall address development of a public awareness campaign, proper identification of detour routes and lane closures, scheduling of construction activities during off-peak hours, emergency access, development of traffic contingency plans and other factors related to traffic management during construction. Deliverable: Consultant shall submit 30 sets of 65% plans, reduced to 11" x 17" size, an engineer's estimate, 4 copies of the Hydrology/Drainage Report, 4 copies of the SWDR, and 4 copies of the Traffic Management Plan. TASK 7.0 100% PS&E PACKAGE Consultant shall complete roadway, drainage, traffic, miscellaneous plans, special provisions, the engineer's estimate and a final drainage report for review at the 19 3'D •DO11KEN ' it L i'.+} 1 V. E. K E: 1 .`t IS .. w r. 100% completion stage. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, signature, certificate number, registration classification, expiration date of the certificate of the professional engineer responsible for their preparation. Consultant shall prepare the following plan sheets: Task 7.1 Title Sheet Task 7.2 Typical Cross Section Sheets Task 7.3 Key Map/Line Index Sheet Task 7.4 Street Layout/Street Curb Profile Sheets Task 7.5 Curb Return Layout/Profile sheets Task 7.6 Driveway Layout/Profile Sheets Task 7.7 Construction Detail Sheets Task 7.8 Water Pollution Control Sheets Task 7.9 Contour Grading/Drainage Sheets Task 7.10 Drainage Profile Sheets Task 7.11 Utility Sheets Task 7.12 Stage Construction/Traffic Handling Sheets Task 7.13 Pavement Delineation/Signing Sheets Task 7.14 Planting/Irrigation Sheets Task 7.15 Traffic Sheets Task 7.16 Retaining Wall Sheets Task 7.17 Sound Wall Sheets Task 7.18 Draft Special Provisions Consultant shall respond to comments received on the Draft Special Provisions and prepare Final Special Provisions for construction. Task 7.19 Draft Engineer's Estimate Consultant shall respond to comments received on the Draft Engineer's Estimate and prepare a Final Engineer's Estimate for construction. 20 3/ DOKKEN k % V. 1 T. L: k'M 1:V4i rrr. Irir..' •'•...' Task 7.20 Draft Hydrology/Drainage Report Consultant shall respond to comments received on the Draft Hydrology Drainage Report and prepare a Final Hydrology/Drainage Report. Task 7.21 Draft Storm Water Data Report (SWDR) Consultant shall respond to comments received on the Draft SWDR and prepare a Final SWDR. Task 7.22 Draft Traffic Management Plan (TMP) Consultant shall respond to comments received on the Draft TMP and prepare a Final TMP. Task 7.23 Draft Construction CPM Schedule Consultant shall respond to comments received on the Draft Conceptual CPM Schedule and prepare a Final Conceptual CPM schedule for construction. Task 7.24 Construction Bid Support • Respond to Contractor Questions. Consultant shall analyze contract plan items requiring interpretation during the bidding period to determine the proper procedure required to address resolution of item interpretation. If necessary, Consultant shall assist in the preparation of an addendum to address resolution of the contract plans interpretation. • Prepare Geotechnical Information Handout. Consultant shall prepare a Geotechnical Information Handout for the use of prospective bidders. Selected portions of the Geotechnical Design Report shall be compiled in a handout. The material shall include, at a minimum test data on materials sources and soil survey sheets showing borings and tests. • Resident Engineer (RE) File. Consultant shall prepare Resident Engineer files. The files shall contain, at a minimum, the preliminary and final construction quantities and cost estimates, and all appropriate correspondence related to 21 DOKKEN tatv. �: *4t. rwvivM v...f r. environmental approval and final design of the project. • Prepare Design Cross Sections. To aid in the preparation of earthwork bids, Consultant shall provide design cross sections to be made available for use by prospective bidders, for each roadway alignment. Deliverable: Consultant shall submit 40 sets of 100% plans, reduced to 11" x 17" size, an engineer's estimate, 4 copies of the Hydrology/Drainage Report, 4 copies of the SWDR, 4 copies of the Traffic Management Plan, 4 copies of the Construction CPM Schedule, 4 copies of Resident Engineer Book, 4 copies of Geotechnical Design Report, 4 copies of the Structures Foundation Report, answer questions during construction bidding, and provide materials required to assist prospective bidders. TASK 8.0 PERMITS Task 8.1 Permit Compliance Permits shall be obtained for geotechnical drilling, access to state right of way and compliance with the following: • National City's National Pollution Discharge Elimination System (NPDES) permit (No. CA 50108758) requirements (Order No. 2001-01). • National City Ordinance No. 2002-2213 and Standard Urban Runoff Mitigation Plan (SURMP). • Section 401 Regional Water Quality Control Board's Permit. TASK 9.0 RIGHT OF WAY Task 9.1 Right of Way Plats and Legal Descriptions Consultant shall conduct record data searches of Caltrans right of way maps, survey records at the County Surveyor's office, National City record maps and record deeds. Consultant shall prepare legal descriptions and plats for property acquisition and/or easements for up to 35 owners with a maximum of 2 types of acquisition per ownership. 22 g3.. DOKKEN 1.6 1. i'r 1 P. R.+14 W N 43 Task 9.2 Right of Way Acquisitions Consultant shall provide budget estimates for property takes required. Budget estimates shall include values for property including severence damages (if any). Consultant shall provide Preliminary Title Reports, Real Estate Appraisals for all property rights to be acquired, Appraisal Reviews. Consultant shall provide furniture, fixture and equipment appraisals, goodwill appraisals, and shall provide business and residential relocation services (FF&E, Goodwill and Relocation services are not anticipated but will be provided if needed). Consultant shall work closely with the City and Caltrans to obtain approval of the appraisals and authorization for offers to be presented. Consultant shall prepare and deliver offer letters, negotiate with all affected property owners until either a settlement is reached, or it is apparent that a settlement cannot be reached. If a settlement is reached, Consultant shall oversee the escrow function through closing, including relocation as required to deliver the property to the City free of tenancy issues. If a settlement cannot be reached, Consultant shall assist the City Attorney as required during the eminent domain process. Specific tasks shall include: • Review appraisals and related documents. • Provide acquisition negotiations. • City/Appraiser/Caltrans coordination. • Escrow coordination. • Meetings and reports. TASK 10.0 Design Support During Construction (Negotiated Task) Design support during construction shall be determined as an amendment to the contract negotiated just prior to the start of construction. 23 43y ATTACM1ENT A-1 ADDITIONAL CONTRACT PROVISIONS A. The Contract will begin on 11/21/06 .: and expire on the work completion date based on the project schedule (Exhibit "C') unless extended by amendment. B. 1. Code of Federal Regulations (CFR) 48 Chapter 1, Part 31 et seq, shall be used to determine the allowability of the individual items of cost. 2. The Consultant agrees to comply with federal procedures in accordance with CFR 49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, OMB Circular A 110, for nonprofit subrecipients, and CFR 49 Part 26 Participation by Disadvantaged Business Enterprises (DBE) in Department of Tmnsportation Financial Assistance Programs. 3. Any costs for which payments have been made to the Consultant, which are determined by subsequent audit to be unallowable under CFR 48, Chapter 1 Part 31 or CFR 49 Part 18, are subject to repayment by the Consultant to the City of National City, the State and the Federal Government. . 4. Any subcontract, entered into as a result of this contract, shall contain all of the provisions of this Article. C. 1. The method of payment for this contract will be based on actual costs. The City of National City wilt reimburse the Consultant for actual costs (including labor costs, employee benefits, overhead and other direct costs) incurred by the Consultant in performance of the work, not to exceed an amount of the contract. The payments for the work will be monthly and shall be scaled based on the percentile completion of the entire project. 2. It is understood and agreed that the contract's not to exceed amount is an estimate and that the City of National City will pay only for those services actually rendered as authorized by the Contract Manager for the City. D. 1. The Consultant and all subconsultants shall mhintain all books, documents, papers, accounting records, and other evidence pertaining to the perfonnance of this Contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract and for three y after final payment under the contract. The City of National City, the State, the A or their duly authorized representatives shall have access to any books, records d documents of the Consultant that are pertinent to the contract for audits, examinations, excerpts, and copies thereof shall be furnished if requested. 2. Any subcontract, entered into as a result of this contract, shall contain all of the provisions of this Article. E. The Consultant shall comply with the requirements of Government Code, Section 7550, with respect to the required notice on any documents or written reports prepared. F. Any subcontract, entered into as a result of this contract, shall contain all of the applicable provisions of the contract agreement. G. In the event of any conflict between language contained in this Exhibit versus any other provisions of the contract, this language of this Exhibit will prevail. Attachment A-2 "Project Description and Location" The project is located in the City of National City, County of San Diego, California, on plaza Boulevard between Highland Avenue and Euclid Avenue. The project include the final design and right of way acquisition tasks which will in summary consist of the project coordination, survey and mapping, utility coordination, geotechnical design, final plans and specifications, obtaining permits, and right of way documentations and acquisition (see attached figure 1 & 2 for the vicinity and location maps). SAN DIEGO BAY S r N. OJ W.32ND ST.?e PEPPER PARK CITY OF SAN DIEGO CITY OF NATIONAL CITY SWEETWATER FLOOD CONTROL CITY OF SAN DIEGO DIVISION ST. PLAZA CIVIC C£N ER DRIVE W.18TH ST. W.22ND BLVD. £.16TH ST. E. I8TH ST. E.22ND ST. W.24TH \ W.30TH CHANNEL E.30TH 4TH ST. CITY OF CHULA VISTA W.35TH ST. c sr. Q ti 5T. E 22ND ti \1 +\� VALL Y RD Hµy, 54 �i�VRD D. �._ 1 „ CITY OF o z Q . RTICUEL CA yIONAL ��EJWgVER RD.pl u\ NOT TO SCALE E.18TH ST. ST. L4 W U CITY OF SAN DIEGO PARADISE VALL£Y RD. ALLEGHANY ST. ' 2TO' y4C ST, `/ t •747r.,.. LINCOLN ACRES UNINCORPORATED CEMETERY CITY OF SAN DIEGO CITY OF CHULA VISTA N VICINITY MAP NO SCALE FIGURE 1 �7 LEFT -TURN LANE (TYP) WIDENING <TYP) PLAZA BOULEVARD REGIONAL ARTERIAL SYSTEM NO SCALE FIGURE 2 Attachment A-3 "WORK TO BE DONE BY THE CITY" 1. The City will provide available signal and timing plans, speed information, distances between intersections, etc. related to the project. 2. The City will provide available plans, aerial photos, contour maps, etc. related to the project. 3. The City will provide available information related to the properties along the Plaza Boulevard project corridor. 39 EXHIBIT "B" EXHIBIT "B" Plaza Blvd PS&E FEE PROPOSAL SUMMARY OMPNW NAME Fee % DBE FEE, Dokken Engineering 55.9% $615,700.00 Aguirre & Associates 4.5% * $50,000.00 Estrada Land Planning 6.4% * $70,300.00 Wiggans & Willett 33.2% $365,000.00 TOTALS: 100.0% 4.5% $1,101,000.00 DOKKEN 4... I. t:; t FEE PROPOSAL - PS&E Phase YIRCI..1 V VO 1 0 ibinvvng NAME FUNCTION HOURS RATE AMOUNT Chip Willett Project Manager 458 $41.00 $18,696.00 S Senior WIN Agent 632 $35.75 $22,594.00 A Assistant RIW Agent 256 $21.50 $5,504.00 Administration --- , .,..,..,.. 236 $18.00 $4,248.00 Till' III 1 ARM 1,580.00 INDIRECT COSTS (OVERHEAD) OVERHEAD $51,042.00 155.00% TOTAL OVERHEAD 579,115.10 ITEM Firm QTY UNIT COST AMOUNT Preliminary Title Reports First Southwest Title 37 $600.00 $22,200.00 Property Appraisals (Complex) Anderson & Brabant 5 $7,000.00 $35,000.00 Property Appraisals Anderson & Brabant 26 $3,500.00 $91,000.00 Review Appraisals (Complex) Hendrickson Appraisal Co. 5 $3,500.00 $17,500.00 Review Appraisals Hendrickson Appraisal Co. 31 $1,750.00 $54,250.00 Reproduction 1 $677.19 $677.19 Courier Service 1 $650.00 $650.00 Long Distance Telephone, FAX 1 $550.00 $550.00 TOTAL DIRECT COSTS FEE (PROFIT) PERCENTAGE 10% $221,827.19 FEE $13,015.71 TOTAL COST 1$365,000.001 DDOK.KE.N- SN f: ttiiB S; i;.£ uG FEE PROPOSAL - PS&E Phase i:Fiv'iiii'i•%.:ri :::�i:$�;:ii:,:N+ ;:�•��:' �::-fi: is iF%iiii:4%ii" ::iiiJii.•i:�:`ii{ll f:%rri�ff,.:'!%?<:/l:f, ..1.:.::v �:�. �.:+....:. v..l....::.::...:::::::.v/::.:.:..:.:; .J.; ....:./i {{:•:fir. �:Y.::n,..M:i: �/ '44 ".Fli%1VY"?...". FUNCTION HOURS RATE AMOUNT Vicki Estrada Principal 54 $83.00 $4,482.00 Scott Molentln Senior Landscape Architect 138 $41.00 $5,658,00 Landscape Designer 248 $30.00 $7,440.00 Assistant Landscape Designer 280 $20.25 $5,670.00 INDIRECT COSTS (OVERHEAD) OVERHEAD 172.00% $23,250.00 TOTAL OVERHEAD $39,990.00 ITEM QUANTITY UNIT UNIT COST AMOUNT Reproduction 1 LS $500.00 $500.00 Mileage 1 LS $238.00 _,........ ^'^!$236.00 ..ire FEE (PROFIT) PERCENTAGE 10% $730.00 FEE $6,324.00 TOTAL COST $T0,300.O0 1)l).KKEN i;.neaevtiH;At:e �3 FEE PROPOSAL - PS&E Phase DIRECT COSTS (LABOR) NAME Mickey Aguirre Nick Wilson Mike Havener INDIRECT COSTS (OVERHEAD) OVERHEAD .•04vonsurn.i!:Ismatirsvp?,11:iroc:',i.,-,:.ammoscommiFigati FUNCTION Principal Land Surveyor Party Chief Land Surveyor Senior Chalnman Survey Technician TOTAL HOURS HOURS 18 106 54 102 202 482 RATE $50.00 $45.86 $37.00 $42.68 $24.00 AMOUNT $900.00 $4,1361.16 $1,998.00 $4,353.36 $4,848.00 TOTAL LABOR $16,980.52 DIRECT COSTS !Reference Maps ITEM Billed at Actual Cost 163.00% TOTAL OVERHEAD $27,645.65 FEE (PROFIT) PERCENTAGE 10% QUANTITY 1 I I UNIT I UNIT COST I AMOUNT 1LS I $933.221 $933.22 TOTAL DIRECT COSTS 6933.22 FEE 64,460.62 TOTAL COST sso,000.00f DOKKEN FEE PROPOSAL - PS&E Phase DIRECT COSTS (LABOR �i>ia'$r:;rY.J::.ig1.ir:�'n'':a;y:`:''i:•^::•'.i:F; Y'%H'•'%� !.•:.�•, ,:+:,.1+r.:;'f•:r a: +,w...v n: :,..:n.. � ... .::...,..:. .::.n:;g:. •i: u:.,.:.:...�:�:�a'i.:;'.x;l ..a,.,i/:.:,...;,+:./.»:na:%r:r....r..,+�f�G�...�.y+,{,:::.•hq:.'.:.;1.:g:J. `::;:;•::...�. NAME FUNCTION HOURS RATE AMOUNT Chris Johnson, PE Project Manager 168 $64.00 $10,752.00 Don Bloodworth, PE Project Engineer (Roadway) 398 $45.00 $17,910.00 John Bishop, SE Project Engineer (Structures) 76 $56.00 $4,258.00 Rob Lawrence, PE Structures/Geotech Design 150 . $43.00 $8,450.00 A Associate Engineer, PE 696 $40.00 $27,840.00 A Assistant Engineer 2,606 $29.50 $76,877.00 C CADD/Roadway 1,634 , $26.50 $43,301.00 C CADD/Structures 196 $34.00 $6,664.00 Environmental 28 $36.00 $1,008.00 TATAI UAIIn! LI WM. _____ INDIRECT COSTS (OVERHEAD) OVERHEAD DIRECT COSTS 171.00% $195,058.00 TOTAL OVERHEAD $333,549.18 ITEM ......+.. ... wo, vwL QUANTITY UNIT UNIT COST AMOUNT Reproduction 1 LS $432.10 $432.10 Potholing 1 LS $15,300.00 $15,300.00 Laboratory • Geotechnical 1 LS $8,500.00 $8,500.00 Drill Rig 1 LS $6,500.00 $6,500.00 Traffic Control - Geotechnlcal 1 LS $3,500.00 $3,500.00 FEE (PROFIT) PERCENTAGE 10% $34,232.10 FEE $52,860.72 DOKKEN ENGINEERING TOTAL COST $615,700.001 DOKKEN 4/5 '.�L�L'1II1L4i:iflli:v:.lCuai•[...+,i�La�GI:YiIL�.zc>•Gi..l:is¢i19iYiri••r.�•Lix�10z:WiL'!v'MCiid�E'fi,�vr.,aLL:4>1LtAXZv..a,-�:_�.i�i>ir4'd• illi Lc��— _1iE�i4� iifl�tf051 E.A•sn i-------- =Liiri-1•=====cci�c_��;i•[r�:>—e:�si•ca3•�ra'�ri [�:>•.. a �®mij L.�.. .._ munimminammummernm f��_��I ���ffl: :i�L'YSi•c[u�!•P6�[iL-!• 13i�F3r!•„ nvnL�4iY7•L'3:i3�L'"y'"iCti:II1v�/r-')•6v�[:}3�G3"id�_ LS-L:SimEi [:i:�Lxa:�(:I.LC LtSLaail�4lld_i �,iij�,f�f�== ii5i"�f�1��Ir:��r�f�iiiEl .f� .. ®efi Es f✓Es�f� fi�i>'fafs�faf� .ice fIMMIIINIMfifil_____ 'fstIIIIIMsMIsil,IIIIIIMINIMIf'IIIM'fNNIUMIII: ....ee... 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Fi�LL�I. t-i.i�LiSa�kSi�Li�lITT SI4.'".i�.ILtIJ{L3y� ..16.^�"S'1[lt• Wini L:a�"Li^)•l_ii 1+1:11�`�fR�'�=�L yj���� �y� !fl t LSfa[,iL'L� 4L • T— —• =[�dd-ra•{1 rK.ri.® Old F— L AIM Si:l11.11tiIIIMMIMIIIlIIIMfi 3,85d PAIS .z.ld M(eCY1E1:4 EXHIBTT "C" 4(7 ID Task Name 1 2 3 4 5 6 7 8 9 10 11 12 13 EXHIBIT "C" Plaza Blvd PS&E NTP Duration Start Finish 341 days Mon 12/11/06 Mon 3/31/08 Right of Way Acquisition Prepare 35% PS&E 0 days Mon 12/11/06 Mon 12/11/06 339 days Tue 12/12/06 Fri 3/28/08 90 days Tue 12/12/06 Mon 4/16/07 Submit 35% PS&E Agency Review Prepare 65% PS&E Submit 65% PS&E Agency Review Prepare 100% PS&E Submit 100% PS&E 0 days Tue 4/17/07 Tue 4/17/07 20 days Thu 4/19/07 Wed 5/16/07 120 days 0 days Fri 5/18/07 Thu 11/1/07 Fri 11/2/07 Fri 11/2/07 Agency Review Approve PS&E 20 days Tue 11/6/07 Mon 12/3/07 50 days Wed 12/5/07 Tue 2/12/08 0 days Wed 2/13/08 Wed 2/13/08 31 days Fri 2/15/08 Fri 3/28/08 0 days Mon 3/31/08 Mon 3/31/08 Nov 2006 Jan IMar IMav I Jul ISe INov NT Right of Way Acquisitl Prepare 35% P Submi 2007 Jan IMar IMavl Jul !Set) INov 4.12/11/06 2008 Jan f Mar IMavl Jul Sep E 4/16/07 35% PS&E 4.14117107 A ncy Review 5/16/07 Pre are 65% PS&E Submit 65% PS&E 4:-11/2/07 Agency Review 12/3/07 Prepare100% PS&E 3/28/08 "-2/12/08 Submit 100% PS&E 42/13/08 Agency Review I-73/28/08 Approve PS&E 3/31/08 EXHIBIT "D" EXHIBIT "D" CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the , and duly authorized representative of the firm of , whose address is , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, foror in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) (Signature) LPP 06-02 Page 10-43 May 1, 2006 EXHIBIT "E" 5/ EXHIBIT "E" CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the of the (local agency) , and that the consulting fine of ,or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal -aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) (Signature) LPP 06-02 02 Page 10-45 May 1, 2006 EXHIBIT "F" 53 AGENCY: EXHIBIT "F" Local Agency Proposer/Bidder-DBE (Consultant Contracts) -Information This information shall be provided by the successful ProposerBidder with the award document. ❑ Prelindnary Engr. ❑ Studies ❑Enviror iiental Dominant ❑Prelim Design ❑Final Design Right of Way :Might of Way Engineering ❑Right of Way Utility Relocation ❑ Construction ❑Constructiion Engineering ❑Construction Management LOCATION: PROJECT DESCRIPTION: CONTRACT NUMBER: FEDERAL -AID PROJECT NUMBER: TOTAL CONTRACT AMOUNT: $ FEDERAL SHARE (For local agency to complete) : $ PROPOSAL/BID DATE: PROPOSER'S/BIDDER'S NAME: ADVERTISED DBE CONTRACT "Availability Advisory Percentage": CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED 2 DBE Cat No. AND EXPIRATION DATE NAME OF DBEs (Must be certified on the date bids are opened - include DBE address and phone number) DOLLAR AMOUNT DBE IMPORTANT Tdentiy all DBE fmmrs bamg;elauned for credit, regardless of tier. . Ccspirs ufthe ABE ijt otea ate 6e1p1W Nartr�s Atha 1 "tCsk'iiat DBl :5pbcoohacturs and their respecuge rtem(g) of work listed above shall be consistent wdh t e names anaitems Of work ii the "List aaf Subcomtractors'subrriiited wtth y r btd gtlrsttanf to the Subeotrtractors I tst Iaty and SNe Special l svratons I Entail)!BEgrunotiitdaubconfrwtorstka']tftvakonmwnter PnmecoiRraatotsatiall ntdicate, pll wont to be pe kytpjed by D131s including work performed by rts mvn DBE forcas. 2. If I00^/o of item i riot to be performed or Fumishrxi by DBE, describe exact portion of item to be performed or fiunished by DIdE. Petsen to C'onlact (Pies 'Type or l F t) CT Bidder - DBE Information (Rev 4/28/06) Distribution: (1) Copy - Fax immediately to the Caltrans District Local Assistance Engineer (DLAE) upon award. (2) Copy - Include in award package to Caltrans District Local Assistance (3) Original — Local Agency tiles LPP 06-02 Page 10-73 May 1, 2006 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 November 2, 2006 NOTICE TO BIDDERS/PROPOSERS DISADVANTAGED BUSINESS ENTERPRISE INFORMATION The Agency has determined that Disadvantaged Business Enterprises (DBE) can reasonable be expected to compete for the subcontracting opportunities in this Agreement and has established a DBE Availability Advisory 8.2% percentage. It is therefore, the Agency's expectation that available DBE firms have an opportunity to participate in this Agreement. OR The Agency has not established a DBE Availability Advisory Percentage for this Agreement. However, bidders/proposers are encouraged to obtain DBE participation for this Agreement. 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for -profit small business concern as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "bidder" also means "proposer" or "offerer." • The term `Agreement' also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SR" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49CFR26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Contractor should ensure that DBEs and other SBs, have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The bidder/proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Bidders/Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. C. Meeting the DBE Availability Advisory Percentage is not a condition for being eligible for award of the Agreement. 3. SUBMISSION OF DBE INFORMATION A "Local Agency Proposer/Bidder-DBE (Consultant Contracts) -Information" form will be included in the Agreement documents to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form. ® Recycled /4e1- 01 -02 5s Page 10-49 May t. 2006 Notice to Bidders/Proposers Disadvantaged Business Enterprise Information DBE PARTICIPATION GENERAL INFORMATION It is the bidder's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed, pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a tnicking company. C. A DBE joint -venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint -venture commensurate with its ownership interest. D. A DBE must perform a commercially useful function, pursuant to 49 CFR 26.55 that is, must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. E. The bidder (prime contractor) shall list only one subcontractor for each portion of work as defined in their bid/proposal and all DBE subcontractors should be listed in the bid/cost proposal list of subcontractors. F. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participatioon except that portion of the work to be performed by non -DBE subcontractors. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. Bidder/Proposer may call (916) 440-0539 for web or download assistance. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program website at: http://www.dot.ca.gov/hq/bep/. • Click on the link in the left menu titled Find a Certified Firm • Click on Query Form link, located in the first sentence • Click on Certified DBE's (UCP) located on the first Tine in the center of the page • Click on Click To Access DBE Query Form • Searches can be performed by one or more criteria • Follow instructions on the screen • "Start Search", "Requery", "Civil Rights Home", and "Caltrans Home" links are located at the bottom of the query form Page 10-50 Mav 1.2006 1,PP 06-02 Notice to Bidders/Pro Disadvantaged Business Enterprise Inforipiatiw C. How to Obtain a List of Certified DBEs without Internet Access DBE Directory: If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the on-line database. A copy of the directory of certified DBEs may be ordered from the Caltrans Division of Procurement and Contracts/Material and Distribution Branch/Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815, Telephone: (916) 445-3520. 6. WHEN REPORTING DBE PARTICIPATION, MATERIAL ORSUPPJ IFS PURCHASED FROM DBES MAY COUNT AS FOLLOWS: A. If the materials or supplies are obtained from a DBE manufacturer, one hundred percent of the cost of the materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count sixty percent of the cost of the materials or supplies toward DBE participation. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 7. WHEN REPORTING DBE PARTICIPATION, PARTICIPATION OF DBE TRUCKING COMPANIES MAY COUNT AS FOLLOWS: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible. B. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. 1.PP O6-62 57 Page 10-51 Mav 1. 2006 Notice to Bidders/Proposers Disadvantaged Business Enterprise Information E. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this Section D, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Page 10-52 Mav 1. 2006 t,PP 06-02 Standard Agreement for Subcontractor/' DBE Participation EXHIBIT 10-J STANDARD AGREEEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION STANDARD AGREEEMENT FOR SUBCONTRACTOR/DBE PARTICIPATION 1. Subcontractors A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Agency and any subcontractors, and no subcontract shall relieve the Contractor of his/her responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the Agency for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to the Contractor. B. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. C. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to the Contractor by the Agency. D. Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in advance of assigning work to a substitute subcontractor. (Use 2 or 3 below, delete the other) 2. Disadvantaged Business Enterprise (DBE) Participation (Without Availability Advisory Percentage) A. The Agency has not established a DBE Availability Advisory Percentage for this Agreement. This Agreement is subject to Title 49, Part 26 of the Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." Bidders who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. DBE and other small businesses (SB), as defined in Title 49 CFR, Part 26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. C. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 3. Disadvantaged Business Enterprise Program Availability Advisory A. This Agreement is subject toTitle 49, Part 26, Code of Federal Regulations (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." In order to ensure Caltrans achieves its federally mandated statewide overall DBE goal, the Agency encourages the participation of Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR 26 in the performance of Agreements financed in whole or in part with federal Funds. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. r.PP 06-02 5? Page 10-53 Mav 1. 2006 Standard Agreement for Subcontractor/ DBE Participation B. As required by federal law, the Caltrans has established a statewide overall DBE goal. In order to ascertain whether that statewide overall DBE goal is being achieved, the Caltrans is tracking DBE participation on all federal -aid contracts. C. To assist Contractors in ascertaining DBE availability for specific items of work, the Agency advises that ithas determined that DBEs could reasonably be expected to compete for subcontracting opportunities on this project and the likely DBE Availability Advisory Percentage is 8.2% percent. The Agency also advises that participation of DBEs in the specified percentage is not a condition of award. D. Contractor has agreed to carry out applicable requirements of Title 49 CFR 26, in the award and administration of federally assisted Agreements. The regulations in their entirety are incorporated herein and by reference. E. The Contractor should notify the Contract Manager in writing, of any changes to its anticipated DBE participation. This notice should be provided prior to the commencement of that portion of the work. F. DBE and other small businesses (SB), as defined in Title 49 CFR26 are encouraged to participate in the performance of agreements financed in whole or in part with federal funds. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The contractor shall carry out applicable requirements of Ttitle 49 CFR 26 in the award and administration of US DOT- assisted agreements. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. G. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 4. Performance of DBE Contractors, and other DBE Subcontractors/Suppliers A. A DBE performs.a commercially useful function when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, evaluate the amount of work subcontracted, industry practices; whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. C. If a DBE does not perform or exercise responsibility for at least thirty percent of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a commercially useful function. Page 10-54 July 21. 2006 1 ,PP 06-03 Standard Agreement for Subcontractor/ DBE Participation 5. Prompt Payment of Funds Withheld to Subcontractors (Local agency to use either A,B, or C below; delete the other two) A. No retainage will be withheld by the Agency from progress payments due the prime contractor. Retainage by the prime contractor or subcontractors is prohibited, and no retainage will be held by the prime contractor from progress due subcontractors. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor or deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. B. No retainage will be held by the Agency from progress payments due the prime contractor. Any retainage held by the prime contractors or subcontractors from progress payments due subcontractors shall be promptly paid in full to subcontractors within 30 days after the subcontractor's work is satisfactorily completed. Federal law (49CFR26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. C. The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30-days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non -DBE prime contractors and subcontractors. D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. 6. DBE Records A. The Contractor shall maintain records of materials purchased and/or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless'of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime Contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 1,PP 06-03 Page 10-55 h,lv 21. 2006 Standard Agreement for Subcontractor/ DICE Participation B. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report -Utilization of Disadvantaged Business Enterprises (DBE)," CEM- 2402F (Exhibit 17-F in Chapter 17 of the LAP), certified correct by the Contractor or the Contractor's authorized representative and shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Contractor when a satisfactory "Final Report Utilization of Disadvantaged Business Enterprises (DBE)"is submitted to the Contract Manager. a. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Agency's Contract Manager showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the Agency's Contract Manager showing the amount paid by DBE trucking companies to all firms, including owner -operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, the Contractor may count only the fee or commission the DBE receives as a result of the lease arrangement. b. The Contractor shall also submit to the Agency's Contract Manager documentation showing the truck number, name of owner, California Highway Patrol CA number, and if applicable, the DBE certification number of the truck owner for all trucks used during that month. This documentation shall be submitted on the Caltrans"Monthly DBE Trucking Verification, CEM- 2404(F) form provided to the Contractor by the Agency's Contract Manager. 7. DBE Certification and De -certification Status If a DBE subcontractor is decertified during the life of the Agreement, the decertified subcontractor shall notify the Contractor in writing with the date of de -certification. If a subcontractor becomes a certified DBE during the life of the Agreement, the subcontractor shall notify the Contractor in writing with the date of certification. Any changes should be reported to the Agency's Contract Manager within 30 days. When Reporting DBE Participation, Material or Supplies purchased from DBEs may count as follows: A. If the materials or supplies are obtained from a DBE manufacturer, 100 % of the cost of the materials or supplies will count toward the DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 % of the cost of the materials or supplies toward DBE goals. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement, are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. Page 10-56 .luly 21. 2006 I,PP 06-03 Standard Agreement for Subcontractors DBE Participation C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment, shall be by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. (Add the following to contracts which require trucking) When Reporting DBE Participation, Participation of DBE trucking companies may count as follows: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible. B. The DBE must itself own and operate at least one fully licensed, insure, and operational truck used on the Agreement. C. The DBE receives credit for the total value of the. transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement. E. The DBE may also lease trucks from a non -DBE firm, including an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this section, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. t,PP n(,-03 � 3 Page 10-57 July 21. 2006 EXHIBIT "G" EXHIBIT "G" NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies by signing and submitting this bid or proposal to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to, any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000 and that all such. subrecipients shall certify and disclose accordingly. LPP 06-02 Page 10-75 May 1, 2006 EXHIBIT "H" EXHIBIT "Hn DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: ❑ a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity ❑ Prune Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 2. Status of Federal Action: 3. Report Type: ❑ a. bid/offer/application ❑ a. initial b. initial award b. material change c. post -award For Material Change Only: year quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) S ❑ actual ❑ planned 12. Form of Payment (check all that apply): 8 a. cash b. in -kind; specify: nature value 13. Type of Payment (check all that apply) a. retainer b. one-time fee c., commission d. contingent fee e deferred f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ No ❑ 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 3I U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than S100,000 for each such failure. Telephone No.: Date: Signature: Print Name: Title: Federal Use Only: Authorized for Local Reproduction Standard Form - LLL SGndsrd Fonn LLL Rev. 042E-06 LPP 06-02 7 Page 10-77 May 1, 2006 EXHIBIT "I" Exhibit "I" DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 1,PP 01-04 Page 12-83 Mnreh 15.2001 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION CALIFORNIA DIVISION 650 Capitol Mall, Suite 4-100 Sacramento, CA. 95814 June 22, 2006 IN REPLY REFER TO HDA-CA File #: 11-SD-805, Document #: P54777 Mr. Pedro Orso-Delgado, District Director California Department of Transportation District 11 P. O. Box 85406 San Diego, CA 92186-5406 Attention: Jason Reynolds Dear Mr. Orso-Delgado: SUBJECT: Plaza Boulevard Widening, City of National City We have reviewed the April 2006 Environmental Assessment. All of our concerns have been addressed. Find enclosed for your use and information the completed Finding of No Significant Effect (FONSI). This concludes the NEPA process for this project, which may be advanced accordingly. If needed, contact Lisa Cathcart -Randall (916-498-5048) with questions 'on this matter. Sincerely, /s/ Lisa Cathcart -Randall For Gene K. Fong Division Administrator Enclosure cc: (e-mail, with enclosure) Lisa. C athcart-Rand all@fhwa. dot. gov David. Cohen@fhwa. dot. goy David_L_Nagy@dot.ca.gov dot.ca.gov A— SPORTATION ANDHGUSRJG AGE DEPARTMENT OF TRANSPORTATION DISTRICT 11, LOCAL ASSISTANCE 4050 TAYLOR STREET, M.S. 132 `AN DIEGO, CA 92110 HONE (619) 278-3756 FAX (619) 220-5432 Try (619) 688-6670 August 9, 2006 Mr. Din Daneshfar Project Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Daneshfar: EAlcilhLCl NEERING'Dd EP T. 100b AUG 14 q 7: 5O Flex your Powerf Be energy efficient/ Subject: Authorization to Proceed with Right of Way on, Federal Aid Project No. STPL-5066(011) Enclosed is your Authorization to Proceed with Right of Way Acquisition on the above project, widening Plaza Blvd. in National City. The authorization date is August 8, 2006. You may now begin Right of Way activities for this project. Federal procedures apply to this project, including your consultant selection process and consultant contract if you hire a consultant for your right of way activities. Caltrans review of your process and contract is not required; however, you must certify compliance with all Federal requirements. Your responsibilities now include but are not limited to: • A Pre -award audit of consultant contracts over $250,000 must be done BEFORE you sign a contract. • Contracts under $100,000 can be treated as a personal service contract with fewer requirements for consultant selection. However, if subsequent consultant contracts with the same consultant exceed the $100,000 cumulative limit, they must follow Federal procedures of going out to competitive bid regardless of size. •Consultant forms are in Chapter 10 of the Local Assistance Procedures Manual. Upon completion of the acquisition, please submit a "Report of Completion of Right of Way Expenditures." This is Exhibit 17-K in Chapter 17 of the Local Assistance Procedures Manual. ..-Caltrans improves mobility across California" 7/ Mr. Daneshfar August 9, 2006 Page 2 If you need further assistance, please call Don Pope at Sincerely, GARY VETTESE District Local Assistance Engineer Enclosure (619) 220-5310. "Ca(trans Improves mobility across California" 7a FNM-76 (VERSION E-76) FEDERAL AID PROGRAM OLP LOCATOR 11-SD-0-NATC PREFIX STPL PROJECT NO 5066(011) SEQ NO 2 DIST-EA 11-956123L AGENCY NATIONAL CITY ROUTE TIP DATA: MPO/YEAR SANDAG DATE 05/06 STIP REF: CTIPS 210-0000-0183 URBANIZED SAN DIEGO ORB/RURAL URBAN AREA BRIDGE NOS PHASE AMENDMENT/MODIFICATION SUMMARY CALIFORNIA DEPARTMENT OF TRANSPORTATION PROJECT LOCATION PREV, AUTH/AGREE DATE PLAZA BLVD. FROM HIGHLAND AVE. TO EUCLID AVE. TYPE OF WORK WIDEN FROM 4 TO 6 LANES, LEF FED. RR NOS PUC CODE(S) • EXEMPT FROM FHWA REVIEW ENV STATUS FONSI R/W STATUS BEGIN MP .000 END MP .000 INV RTE PE 05/17/01 R/W 08/08/06 CON SPR MCS OTH APPR CODES L230 Q230 34A0 34B0 LINE NOS 20 10 IMPRV TYPE 16 15 FUNC. SYS P PROJECT COST FEDERAL COST AC COST PREV, OBLIGATION PE THIS REQUEST SUBTOTAL 800, 000.00 127, 837.00 927, 837.00 708, 240.00 113,174.00 821, 414.00 .00 .00 .00 PREY. OBLIGATION R/W THIS REQUEST SUBTOTAL .00 .00 1,429,163.00 1,178, 826.00 1,429,163.00 1,178, 826.00 .00 .00 .00 TOTAL 2, 357, 000.00 2, 000, 240.00 PPNO - 11-NC01 STATE REMARKS THIS PROJECT WILL WIDEN PLAZA BLVD. TO 6 LANES FROM 4 LANES AND PROVIDE LEFT T URN LANES, PARKING, AND A BIKE LANE. 7/7/06 - OBLIGATE $1,557,000 FOR RIGHT OF WAY PHASE. 7/26/06 - RE -TRANSMITTED TO REVISE RIGHT OF WAY AMOUNTS. TOTAL REMAINS SAME. COST TO RELOCATE UTILITIES WILL BE BORNE BY UTILITY COMPANIES. APN # TOTAL COST 556-59078 $ 1,759.94 556-590-49 -$ 8,485.88 556-590-51 $ 52, 011,18 556-590-54 $ 2,386.80 556-590-55 $ 26, 505.18 556-590-56 $ 14,186.12 556-590-58 $ 4,403.10 556-590-59 $ 33, 798, 44 556-590-61 $ 3,295,21 556-590-63 $ 37, 400.48 557-250-12 $ 29,065,36 557-250-36 $ 66, 401.40 .00 73 STATE REMARKS 21-250-43 $ 17, 831.58 57-310-26 $150,976.34 57-322-09 $ 28, 561.26 57-322-10 $ 3,732.04 57-322-11 $ 17, 593.68 57-322-14 9,564.10 57-330-08 $ 2,945.80 57-380-09 $ 21,120.06 57-380-10 $ 20, 460.21 57-380-11 $ 14,444.68 57-380-12 $ 14,174.96 57-380-50 $ 5,411.60 57-380-51 $ 5,342.42 57-380-70 $ 21, 338.62 57-410-05 $ 50, 531.14 57-410-11 $ 36, 957.21 57-410-15 $ 39,116.04 57-410-17 $ 61,886.04 57-410-19 $ 26,361.69 57-410-20 $ 18, 469.08 57-410-23 $ 57, 096.89 57-420-22 $ 4,195.87 57-420-30 $ 67, 875.16 57-420-33 $ 1,207.96 58-010-48 $ 87, 479.08 58-091-18 $ 17,783.91 58-091-19 $ 9,328.93 58-091-26 $ 22, 894.95 58-091-27 $149,911.32 58-310-19 $ 7,893.05 _ OTAL ACQUISITION COST: $1,273,000 ROUNDED($1,272,184.79 R/W ENGINEERING AND ADMINISTRATION: $284,000 11 /04/06 AU: THIS SEQUENCE #2 AUTHORIZES R/W $113,174,Q230, $152,677.63 34A0 $58,862.13 34B0, $967,286.24 L230 TOTAL: $1,292,000. AUTHORIZATION TO PROCEED WITH R/W PREPARED BY RIGHT OF WAY ACQ. REVIEWED BY AUTHORIZED BY ELECTRONIC SIGNATURE DOCUMENT TYPE AMEND/MOD SIGNED BY DON POPE WINTON EMMETT W. EMMETT W. EMMETT ON 07/26/06 (619)220-5310 ON 08/01/06 916-654-6018 ON 0B/08/06 ON 08/08/06 FOR CALTRANS LAST FHWA ELECTRONIC SIGNATURE EXECUTED BY FHWA FMIS 3 AUTH AGR ON 05/18/01 71/ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 6 ITEM TITLE Resolution adopting an Amendment to the Combined General Plan/Zoning Map from IP-P to RM-3-PD for an 11.9 Acre Vacant Site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File Nos. GP-2006-1/ZC-2006-1) L PREPARED BY Angela Reeder 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the October 17, 2006 public hearing. The attached resolution is needed to follow through on that action. Environmental Review Financial Statement N/A N/A Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION Ory Adopt the attached resolutioi . 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 ADOPTING AN AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING MAP FROM PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT (IP-PD) TO SENIOR CITIZENS' HOUSING -PLANNED DEVELOPMENT (RM-3-PD) FOR AN 11.9 ACRE VACANT SITE BETWEEN 4TH AND 8T" STREETS, AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE APPLICANT: GENERATIONS DEVELOPMENT, LLC CASE FILE NOS. GP-2006-1/ZC-2006-1 WHEREAS, the City Council considered the recommendation and findings of the Planning Commission for approval of an amendment to the General Plan to change the land use designations on the Combined General Plan/Zoning Map from Private Institutional - Planned Development (IP-PD) to Senior Citizens' Housing — Planned Development (RM-3-PD) for approximately 11.9 acres between 4th and 8th Streets and between Arcadia Avenue and Burden Drive along with evidence and testimony presented at the duly advertised public hearing held by the City Council on October 17, 2006; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California; and WHEREAS, the Planning Commission at a duly advertised public hearing held on September 18, 2006, considered the proposed amendment to the General Plan, along with all evidence and testimony presented at said hearing, together with any comments received; and WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds that the proposed amendment is in the public interest and is consistent with General Plan policies to encourage the creation of housing for all segments of the community, including senior housing opportunities, since it increases the City's potential to better serve its elderly population and it will allow for a senior housing development in the area that has accessible public transportation and services such as restaurants, shops, and medical facilities. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of National City hereby amends the Combined General Plan/Zoning Map from Private Institution — Planned Development (IP-PD) to Senior Citizens' Housing - Planned Development (RM-3-PD), as further described on attached Exhibit "A". PASSED and ADOPTED this 21st day of November, 2006. ATTEST: Michael R. Della, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT, APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR A RETIREMENT COMMUNITY INCLUDING 498 SENIOR RESIDENTIAL UNITS ON AN 11.9-ACRE VACANT SITE BETWEEN 4TH AND 811" STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE. APPLICANT: GENERATIONS DEVELOPMENT, LLC. CASE FILE NO. S-2006-2/PD-2006-1/IS-2006-1 WHEREAS, application was made for approval of a Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 81h Streets and between Arcadia Avenue and Burden Drive, on property generally described as: A portion of the Northeast '/a of the Southwest Quarter, a portion of the southeast 1/4 of the southwest quarter, a portion of the northwest 1/4 of the southeast 1/4, and a portion of the southwest '/a of the southeast 'A of Quarter Section 105 of Rancho De La Nacion according to Map thereof No. 166, together with Lots 1 thru 20 of Traquilla Place according to Map thereof No. 1433, all in the City of National City, County of San Diego, State of California. WHEREAS, the Planning Commission 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 17 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2006-2/PD-2006-1 and IS-2006-1 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 and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive, based on the following findings: RESOLUTION NO. 2006 — November 21, 2006 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed senior residential community, at a density of 41.4 units per acre, is consistent with the uses allowed in the Senior Citizens' Housing (RM-3) Zone and the density of other similar senior projects within the City, since the proposal adds infill development suitable for a specific segment of our community as described in the report, and since there are no specific plans applicable to the property. 3. The site is physically suitable for the proposed type of development, since the proposed senior residential community will provide a needed service for senior residents; meet or exceed many design regulations required of non -age restricted apartments; add to the urban character of the area; and the development mostly follows the existing contours of the site and only minimal grading will be needed to establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the three- to six -story buildings proposed will be buffered from the established single-family neighborhood adjacent to the east by the San Diego Academy property and a three-story multi -family subdivision currently under construction, will be buffered from the established single-family neighborhood to the north by appropriate setbacks, landscaping, and site layout, and will complement the existing hospital campus to the west. 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 there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. 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. 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, since any easements located on the site will be relocated by condition of approval. 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 benefit to senior housing needs in the community and the region, and these needs are balanced by the availability of public service and public utilities to the project site. RESOLUTION NO. 2006 — November 21, 2006 Page 3 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. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the site can accommodate 498 senior apartments with adequate parking, social services and amenities, and useable common spaces which are appropriate for a senior residential community. 3. 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 498 new senior apartments will generate approximately 1,860 average daily trips (ADT) which can be adequately served by adjacent streets, including East 4 h Street, which is a collector with a functional maximum ADT of 10,000, and East 8h Street, which is a major arterial with a functional maximum ADT of 25,000. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the traffic generated by the project can be absorbed by the existing roads in the area, and since the characteristics integrated into the project will allow it to harmonize with the existing surrounding development. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 498 new independent congregate and assisted living housing opportunities will be created in a region facing a growing demand for additional housing, especially senior housing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City has considered the proposed Negative Declaration (IS-2006-1) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the proposed Negative Declaration, and authorizes the filing of a Notice of Determination. NOW, THEREFORE, BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive is hereby approved subject to the following conditions: RESOLUTION NO. 2006 — November 21, 2006 Page 4 1. This Tentative Map and Planned Development Permit authorize the development of a 498 unit senior residential community, including a village square building with social/retail amenities for residents, and open space amenities. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B, dated August 8, 2006, and Exhibit C dated August 21, 2006, case file no. S-2006-2/PD-2006-1. 2. The Tentative Subdivision Map and Planned Development Permit shall not be effective, and the final map and building permits shall not be issued until the zone designation affecting the property is amended to Senior Citizens' Residential (RM-3-PD). 3. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. consistent with the approved concept plan shall be submitted concurrently with the grading plans for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 4. Landscape plans shall include a minimum of 15% of 24" box or greater specimen trees adjacent to public roads and building facades that are visible from public roads and adjacent properties. 5. All rooftop equipment shall be shielded from view of the neighboring uses and the method of screening shall be noted on building plans. Plans should correspond with the typical rooftop plan for Building A submitted by the applicant, which shows equipment in recessed rooftop wells, or shall show equipment placed within other approved enclosures or behind barriers, such as parapet walls. 6. A separate permit shall be submitted for review and approval of all signs prior to installation. 7. Waste/recycling plan detailing temporary site storage and disposition of trash and recyclables shall be submitted for review by the Planning Director prior to building permit issuance. All trash enclosures shall be provided with a solid, covered roof. 8. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association Standards (NFPA). 9. Fire access must be provided throughout the development. Minimum roadway width of 20 feet shall be provided, a turning radius of 28 feet, and a vertical clearance of 13 feet 6 inches on all sky bridges, per review and approval of the National City Fire Department. 10. Exterior doors and openings shall be readily accessible for emergency access. Access walkways leading from Fire apparatus access roads to exterior openings shall be provided. 11. Fire protection systems shall be required, per review and approval of the National City Fire Department. RESOLUTION NO. 2006 — November 21, 2006 Page 5 12. Project shall cooperate with the National City Police Department to include provisions for project to comply with the Crime Free Multi -Housing Criteria and Crime Prevention Through Environmental Design standards. 13. All existing and proposed easements within the site boundaries shall be noted on the final map, specifying any proposed to be abandoned or relocated. 14. All new sewer systems installed in conjunction with the development and within the project boundaries shall be maintained by the property owner. 15. A bus shelter, including a bench and trash container, shall be installed along the bus route on 8th Street prior to occupancy and shall be detailed on the improvement and grading plans. The type, design, and location shall be coordinated with the National City Transit Director. 16. A Hydrology study (100 year flood) shall be submitted to the Engineering Department. 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 Departments requirements. 17. 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. 18. 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. 19. 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. 20. 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. Grading plan shall be draw on D-size sheets. Best RESOLUTION NO. 2006 - November 21, 2006 Page 6 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. 21. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 22. 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. 23. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer systems. 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 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. 24. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 25. 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. 26. An existing 10-foot wide sewer easement reserved to the City of National City exists north of 7th Street. The sewer easement and main shall be relocated outside the proposed buildings. The easement shall be shown on the grading plans and the final map. 27. The deteriorated portions of the existing street improvements along the property frontages (4`h, 6th, 8`h, and Burden 200' of sidewalk, and 50' of curb and gutters) shall be removed and replaced to the satisfaction of the City Engineer. RESOLUTION NO. 2006 — November 21, 2006 Page 7 28. Street pavement repair will be required on 4th Street and on Burden Drive (1500 sq. ft.) to the satisfaction of the City Engineer. 29. The driveway on 4th Street shall be an alley entrance type driveway with pedestrian ramps and shall be indicated on the grading plans. 30. 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. 31. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (75' of driveway) shall be replaced with curb, gutter and sidewalks to the satisfaction of the City Engineer. 32. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing and proposed easements and the ownership at the property. 33. 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 cost. 34. 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. 35. 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. 36. 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. 37. The proposed street vacation on 7th Street shall be approved by the City Council prior to the final map approval. 38. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 39. The final map shall be recorded prior to issuance of any building permit. 40. All new property line survey monuments shall be set on private property, unless otherwise approved. RESOLUTION NO. 2006 — November 21, 2006 Page 8 41. 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. 42. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 43. Exterior walls of buildings/walls/fences/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. 44. A "No Parking," red cub zone shall be provided along the at the following locations: along the north side of East 8th Street, east 275 feet and west 150 feet from the Arcadia Avenue intersection. 45. Before this Subdivision and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development 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 Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 46. 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. The Planned Development Permit shall expire concurrently with the Tentative Map. NOW, THEREFORE, BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. --- Signature Page to Follow --- Resolution No. 2006 — November 21, 2006 Page 9 PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney koeYNNYA4CYry1el:1 Th �IHLLC NIG L +I 1� iW1 �I �I l I I I tt4tHs , Yc qer ANY. 01 MHO Mt GO -ICI -KS NM A�1 SZ-Ohl.-KS NW OZ-pI-KS Ndf I10-02-KS et -Mt -KS NAY AO Ngltgd 03[130131 HiII17 ,.— SI-0ZI-KS NdY SZ-O /3 19 NOO NAY AAPYSS NY 9Z-031.-ISS NdV A0 NOIIHOd AZ-OZI-KS NAY AO HOLLOW At-OZ1-,SS NM DC-OZI-KS NAY 1m15 NO 1 1 000Iw EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21. 2006 AGENDA ITEM NO. 7 ITEM TITLE Resolution Approving a Tentative Subdivision Map and Planned Development Permit, Approving a Negative Declaration, and Authorizing the Filing of a Notice of Determination for a Retirement Community including 498 Senior Residential Units on an 11.9 Acre Vacant Site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File Nos. S-2006-2/PD-2006-1/IS-2006-1) PREPARED BY Angela ReedP36-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the October 17, 2006 public hearing. The attached resolution is needed to follow through on the action. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION ( Adopt the attached resolutioi. Negative Declaration (IS-2006-1) Approved By: Finance Director BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Account No. Resolution No. 1 A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT, APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR A RETIREMENT COMMUNITY INCLUDING 498 SENIOR RESIDENTIAL UNITS ON AN 11.9-ACRE VACANT SITE BETWEEN 4TH AND 8TH STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE. APPLICANT: GENERATIONS DEVELOPMENT, LLC. CASE FILE NO. S-2006-2/PD-2006-1/IS-2006-1 WHEREAS, application was made for approval of a Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive, on property generally described as: A portion of the Northeast '/ of the Southwest Quarter, a portion of the southeast IA of the southwest quarter, a portion of the northwest '/< of the southeast '/, and a portion of the southwest '/< of the southeast ' of Quarter Section 105 of Rancho De La Nacion according to Map thereof No. 166, together with Lots 1 thru 20 of Traquilla Place according to Map thereof No. 1433, all in the City of National City, County of San Diego, State of California. WHEREAS, the Planning Commission 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 17 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2006-2/PD-2006-1 and IS-2006-1 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 and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive, based on the following findings: RESOLUTION NO. 2006 — November 21, 2006 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed senior residential community, at a density of 41.4 units per acre, is consistent with the uses allowed in the Senior Citizens' Housing (RM-3) Zone and the density of other similar senior projects within the City, since the proposal adds infill development suitable for a specific segment of our community as described in the report, and since there are no specific plans applicable to the property. 3. The site is physically suitable for the proposed type of development, since the proposed senior residential community will provide a needed service for senior residents; meet or exceed many design regulations required of non -age restricted apartments; add to the urban character of the area; and the development mostly follows the existing contours of the site and only minimal grading will be needed to establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the three- to six -story buildings proposed will be buffered from the established single-family neighborhood adjacent to the east by the San Diego Academy property and a three-story multi -family subdivision currently under construction, will be buffered from the established single-family neighborhood to the north by appropriate setbacks, landscaping, and site layout, and will complement the existing hospital campus to the west. 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 there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. 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. 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, since any easements located on the site will be relocated by condition of approval. 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 benefit to senior housing needs in the community and the region, and these needs are balanced by the availability of public service and public utilities to the project site. RESOLUTION NO. 2006 — November 21, 2006 Page 3 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. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the site can accommodate 498 senior apartments with adequate parking, social services and amenities, and useable common spaces which are appropriate for a senior residential community. 3. 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 498 new senior apartments will generate approximately 1,860 average daily trips (ADT) which can be adequately served by adjacent streets, including East 4 h Street, which is a collector with a functional maximum ADT of 10,000, and East 8th Street, which is a major arterial with a functional maximum ADT of 25,000. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the traffic generated by the project can be absorbed by the existing roads in the area, and since the characteristics integrated into the project will allow it to harmonize with the existing surrounding development. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 498 new independent congregate and assisted living housing opportunities will be created in a region facing a growing demand for additional housing, especially senior housing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City has considered the proposed Negative Declaration (IS-2006-1) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the proposed Negative Declaration, and authorizes the filing of a Notice of Determination. NOW, THEREFORE, BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Planned Development Permit for a retirement community including 498 senior residential units on an 11.9-acre vacant site between 4th and 8'h Streets and between Arcadia Avenue and Burden Drive is hereby approved subject to the following conditions: RESOLUTION NO. 2006 — November 21, 2006 Page 4 1. This Tentative Map and Planned Development Permit authorize the development of a 498 unit senior residential community, including a village square building with social/retail amenities for residents, and open space amenities. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B, dated August 8, 2006, and Exhibit C dated August 21, 2006, case file no. S-2006-2/PD-2006-1. 2. The Tentative Subdivision Map and Planned Development Permit shall not be effective, and the final map and building permits shall not be issued until the zone designation affecting the property is amended to Senior Citizens' Residential (RM-3-PD). 3. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. consistent with the approved concept plan shall be submitted concurrently with the grading plans for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 4. Landscape plans shall include a minimum of 15% of 24" box or greater specimen trees adjacent to public roads and building facades that are visible from public roads and adjacent properties. 5. All rooftop equipment shall be shielded from view of the neighboring uses and the method of screening shall be noted on building plans. Plans should correspond with the typical rooftop plan for Building A submitted by the applicant, which shows equipment in recessed rooftop wells, or shall show equipment placed within other approved enclosures or behind barriers, such as parapet walls. 6. A separate permit shall be submitted for review and approval of all signs prior to installation. 7. Waste/recycling plan detailing temporary site storage and disposition of trash and recyclables shall be submitted for review by the Planning Director prior to building permit issuance. All trash enclosures shall be provided with a solid, covered roof. 8. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association Standards (NFPA). 9. Fire access must be provided throughout the development. Minimum roadway width of 20 feet shall be provided, a turning radius of 28 feet, and a vertical clearance of 13 feet 6 inches on all sky bridges, per review and approval of the National City Fire Department. 10. Exterior doors and openings shall be readily accessible for emergency access. Access walkways leading from Fire apparatus access roads to exterior openings shall be provided. 11. Fire protection systems shall be required, per review and approval of the National City Fire Department. RESOLUTION NO. 2006 — November 21, 2006 Page 5 12. Project shall cooperate with the National City Police Department to include provisions for project to comply with the Crime Free Multi -Housing Criteria and Crime Prevention Through Environmental Design standards. 13. All existing and proposed easements within the site boundaries shall be noted on the final map, specifying any proposed to be abandoned or relocated. 14. All new sewer systems installed in conjunction with the development and within the project boundaries shall be maintained by the property owner. 15. A bus shelter, including a bench and trash container, shall be installed along the bus route on 8th Street prior to occupancy and shall be detailed on the improvement and grading plans. The type, design, and location shall be coordinated with the National City Transit Director. 16. A Hydrology study (100 year flood) shall be submitted to the Engineering Department. 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 Departments requirements. 17. 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. 18. 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. 19. 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. 20. 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. Grading plan shall be draw on D-size sheets. Best RESOLUTION NO. 2006 - November 21, 2006 Page 6 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. 21. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 22. 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. 23. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer systems. 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 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. 24. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 25. 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. 26. An existing 10-foot wide sewer easement reserved to the City of National City exists north of 7`n Street. The sewer easement and main shall be relocated outside the proposed buildings. The easement shall be shown on the grading plans and the final map. 27. The deteriorated portions of the existing street improvements along the property frontages (4m 6m 8`n and Burden 200' of sidewalk, and 50' of curb and gutters) shall be removed and replaced to the satisfaction of the City Engineer. RESOLUTION NO. 2006 — November 21, 2006 Page 7 28. Street pavement repair will be required on 4th Street and on Burden Drive (1500 sq. ft.) to the satisfaction of the City Engineer. 29. The driveway on 4th Street shall be an alley entrance type driveway with pedestrian ramps and shall be indicated on the grading plans. 30. 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. 31. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (75' of driveway) shall be replaced with curb, gutter and sidewalks to the satisfaction of the City Engineer. 32. A title report shall be submitted to the Engineering department, after the Planning Commission approval, for review of all existing and proposed easements and the ownership at the property. 33. 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 cost. 34. 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. 35. 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. 36. 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. 37. The proposed street vacation on 7th Street shall be approved by the City Council prior to the final map approval. 38. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 39. The final map shall be recorded prior to issuance of any building permit. 40. All new property line survey monuments shall be set on private property, unless otherwise approved. RESOLUTION NO. 2006 — November 21, 2006 Page 8 41. 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. 42. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 43. Exterior walls of buildings/walls/fences/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. 44. A "No Parking," red cub zone shall be provided along the at the following locations: along the north side of East 8th Street, east 275 feet and west 150 feet from the Arcadia Avenue intersection. 45. Before this Subdivision and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development 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 Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 46. 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. The Planned Development Permit shall expire concurrently with the Tentative Map. NOW, THEREFORE, BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. --- Signature Page to Follow --- Resolution No. 2006 — November 21, 2006 Page 9 PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE5 Nov 21, 2006 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of the City of National City Authorizing Waiver of the Formal Bidding Process for the Purchase and Installation of an Uninterruptible Power Supply System from Computer ' Protection Technology Using PC Maintenance and Police Department Funds in the Amount of $57,261.28. PREPARED BY Gabby So 'ano - 4378 EXPLANATION See attached DEPARTMENT City Manager/ Information Technology Environmental Review ✓ N/A Financial Statement �incu (i i +4 -vr' Funds are available in FY 06/07 PC Maintenance Fund and the Police Department's Computer Equipment Fund. oo/-///'O0D-502-0000 Account No.629-415-000-2.81-0000 STAFF RECOMMENDATION In conjunction with the Purchasing Agent, it is recommended that award be made to Computer Protection Technology, and that authority be given to the Purchasing Agent to issue the resulting purchase order. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) EXPLANATION: To replace the failing Uninterruptible Power Supplies (UPS) at the Civic Center and Police Depaitiuent. It has been M.I.S. objective to replace the UPS systems for the past year. Recent power outages have caused key public safety systems to go down. The current UPS systems were insufficient to provide fail over power to these key systems. Police Department On a number of occasions the current UPS failed to activate due to generator compatibility issues and battery failure. The current system at the Police Department has been in place since the construction of the Police Department. Replacement parts are no longer available. Should the system fail again the city would lose dispatch services, telephone services, and possible 911 services. The total cost for installation, replacement of the system will be in the range of $39,408.61. This UPS will supply power to Police Departments Dispatch Center and Data Center. City Hall The UPS located in City Hall has failed on more than two occasions. We had one Incident where our systems went down for approximately 18 hours due to power failure. The current UPS was insufficient to provide adequate power to existing systems. The resulting failure jeopardized public safety, as Fire dispatch and alerting went offline for a considerable amount of time. The cost for disposal, replacement, and installation of this system will be $17,852.67. This UPS systems supplies power the City's Data Center. Staff recommends that Computer Protection Technology (CPT) supply the UPS and performs the installation of the UPS System. CPT has supplied us with maintenance on the existing UPS for over 8 years. CPT has familiarity with the electrical systems at both locations the Police Department and Civic Center. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to CPT the for the following reasons: 1. M.I.S. worked with Michael Murphy on the Data Center Relocation project, and is comfortable with the quality of their work, their technical expertise, and reliability. MIS also has first-hand knowledge of (and confidence in CPT's engineering service and support capabilities. 2. Since CPT was involved in building the City's Data Center, they understand the scope of work. 3. Computer Protection Technology is familiar with M.I.S. projects for the City, and they understand the immediate and long-term needs and goals for data/network projects. 4. The price has been determined to be competitive within the industry. 5. No further purpose would be served by issuing a formal bid at this point in the process. As authorized by Purchasing Ordinance #1480, section 12a4, it is requested that the City Council declare that special circumstances exist, and that it is in the City's best interest to buy the UPS Installation, without compliance with the formal bid process. Total value of the purchase will be $57,261.28 including tax, installation and delivery. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVER OF THE FORMAL BIDDING PROCESS FOR THE PURCHASE AND INSTALLATION OF AN UNINTERRUPTIBLE POWER SUPPLY SYSTEM FROM COMPUTER PROTECTION TECHNOLOGY USING PC MAINTENANCE AND POLICE DEPARTMENT FUNDS IN THE AMOUNT OF $57,261.28 WHEREAS, on a number of occasions the City's current Uninterruptible Power Supply (UPS) systems have failed at the Police Department and at the Civic Center, causing key public safety systems to go down; and WHEREAS, the City's M.I.S. staff recommends that Computer Protection Technology (CPT) supply and install a new UPS system for $57,261.28 without complying with formal bidding requirements, for the following reasons: 1. M.I.S. worked with CPT on the Data Center Relocation project, and is comfortable with the quality of their work, their technical expertise and reliability. M.I.S. also has first-hand knowledge of and confidence in CPT's engineering service and support capabilities. 2. Since CPT was involved in building the City's Data Center, they understand the scope of work. 3. CPT is familiar with M.I.S. projects for the City, and they understand the immediate and long-term needs and goals for data/network projects. 4. The price has been determined to be competitive within the industry. 5. No further purpose would be served by issuing a formal bid at this point in the process; and WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds that special circumstances exist and authorizes the waiver of the bidding process for the purchase and installation of an Uninterruptible Power Supply System from Computer Protection Technology using PC Maintenance and Police Department funds in the amount of $57,261.28. --- Signature Page to Follow --- Resolution No. 2006 — November 21, 2006 Page 2 PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 9 MEETING DATE5 Nov 21, 2006 AGENDA ITEM NO. ITEM TITLE Resolution waiving the bid process, and awarding a contract to Progressive Solutions for License Track & PetTrack and Building Permit Track Software in the amount of $87,900.00 using PC Maintenance Funds. PREPARED BY DEPARTMENT Gabby Soriano 4378 City Manager/ InformationnTechnology EXPLANATION See attached Environmental Review Financial Statement Ni N/A Funds are available in FY 06/07 PC Maintenance Fund Account No.629-415-000-281-0000 STAFF RECOMMENDATION In conjunction with the Purchasing Agent, it is recommended that award be made to Progressive Solutions, and that authority be given to the Purchasing Agent to issue the resulting purchase order. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Contract A-200 (9/80) EXPLANATION: One of the MIS departmental goals was to aide the finance and building department in the replacement of the current business, pet license, and permit tracking system. The current software is limited in support, unreliable, inefficient, and prevents the City's ability to collect taxes and other revenues and does not support web based transactions. It has been a tedious and time consuming process to retrieve and input data from such an antiquated system. Staff has had many instances where it has been difficult to obtain support from the software provider which is located on the east coast. On January 1/1/07 our current vendor will be increasing their price on third party software by 6%. Currently we pay about $9,000.00 for renewal fees yearly not to include over $3,000 for additional modules and applications and yearly conversions. Another component being added to this new system will be a web interface. This component will promote e-govt. and provide businesses and citizens to initiate financial transactions over the internet. Payments for business licenses, building permits, and pet licensing, can be made at the counter or over the internet. Staff from the building, finance and fire department have previewed and evaluated the new software and highly recommend the purchase of this software system. Staff concluded that Progressive Solution, Inc. provides the best system available and the only system available to meet National City's unique requirements. The new system would increase revenue generation through more efficient identification, billing and collection from noncompliant and delinquent licensing and permitting. The new software would be installed this fiscal year. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to Progressive Solutions, the for the following reasons: 1. M.I.S. and Finance have worked with Progressive Solutions on the Cashier system project, and is comfortable with the quality of their work, their technical expertise, and reliability. MIS also has first-hand knowledge of (and confidence in) Progressive Solution's engineering service and support capabilities. Progressive Solutions have already integrated their cashiering module with our financial system providing a benefit for the purchase of the additional modules. 2. Since Progressive Solutions was involved in building the City's Cashier system, they understand the scope of work. 3. Progressive Solutions is familiar with M.I.S., and Finances projects for the City, and they understand the immediate and long-term needs and goals for software projects. 4. No further purpose would be served by issuing a formal bid at this point in the process. As authorized by Purchasing Ordinance #1480, section 12a4, it is requested that the City Council declare that special circumstances exist, and that it is in the City's best interest to buy the LicenseTrack, PetTrack & Pecuiit Track systems, without compliance with the formal bid process. Total value of the purchase will be $87,900.00 including tax, installation and delivery. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVER OF THE FORMAL BIDDING PROCESS, AND AWARDING A CONTRACT TO PROGRESSIVE SOLUTIONS, INC. FOR LICENSE TRACK, PET TRACK, AND PERMIT TRACK SOFTWARE SYSTEMS WHEREAS, the City's current software for business license, pet license and permit tracking is limited in support, unreliable, inefficient, impedes the City's ability to collect taxes and other revenues, and does not support web -based transactions; and WHEREAS, staff from the Building, Finance, Fire, and M.I.S. Departments have evaluated a software system provided by Progressive Solutions, Inc., and concluded that this system would increase revenue generation, is the best system available, and is the only system available to meet the City's unique requirements; and WHEREAS, City staff recommends that the formal bidding requirement be waived, and that Progressive Solutions, Inc. be awarded the contract for License Track, Pet Track, and Permit Track software systems, in the amount 'of $87,900.00 for the following reasons: 1. M.I.S. and Finance have worked with Progressive Solutions on the cashier system project, and is comfortable with the quality of their work, their technical expertise, and reliability. MIS also has first-hand knowledge of (and confidence in) Progressive Solution's engineering service and support capabilities. Progressive Solutions has already integrated their cashiering module with our financial system providing a benefit for the purchase of the additional modules. 2. Since Progressive Solutions was involved in building the City's cashier system, they understand the scope of work. 3. Progressive Solutions is familiar with M.I.S. and Finance's projects for the City, and they understand the immediate and long-term needs and goals for software projects. 4. No further purpose would be served by issuing a formal bid at this point in the process.; and WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds that special circumstances exist, and authorizes the waiver of the bidding process, and awards a contract to Progressive Solutions, Inc. for the purchase of License Track, Pet Track and Permit Track software systems in the amount of $87,900.00. --- Signature Page to Follow --- Resolution No. 2006 — November 21, 2006 Page 2 PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SOFTWARE LICENSE & SERVICES AGREEMENT I. INTRODUCTION Progressive Solutions®, Incorporated, a California corporation herein after referred to as 'Licensor' and City of National City, a municipal corporation, herein after referred to as 'Licensee' agree to the following terms and conditions. 'Software Maintenance' refers to Exhibit A: (Software Maintenance Agreement) which is incorporated by reference herein. 'Requirements' refers to those requirements identified in Exhibit B: (Requirements/ Prerequisites) which is incorporated by reference herein. 'Revenue Enhancement' refers to Exhibit C: (Revenue Enhancement Agreement) which is incorporated by reference herein. a. Licensor hereby grants and Licensee accepts a non-exclusive and non -transferable license to use Licensor's database structure and corresponding software for the product(s) listed in Section IX using Microsoft' SQL Server® as the data base engine. Licenses for SQL software are not included in this agreement unless listed as 3`d party deliverables in Section IX. Only authorized Sub -agencies as specified in Section IX and Licensee are authorized to use the Licensed software, data structures & documentation on Licensee's premises for the purpose of supporting the internal business practices. No other right or use is permitted under this Agreement. b. Except as otherwise provided in Section XI(d), the term of this License commences upon the date on which Licensor first delivers Licensed software to Licensee, and ends upon expiration of the attached Software Maintenance Agreement or subsequent renewals of the Software Maintenance Agreement which are incorporated by reference herein. c. Licensor agrees that Licensee may install the Licensed software or any part or module thereof, on any number of computers; however, Licensee agrees that no more than the number of users specified in Section IX will concurrently access said software. Licensee acknowledges that in order to use Licensed software products for day to day operations by more than the number of users specified in Section IX, Licensee must obtain a software License upgrade from Licensor. Licensee further acknowledges that technical assistance may be required for the Licensed software to function as a result of hardware changes/migration. III. OWNERSHIP AND TITLE a. Title, including but not limited to all rights in Licensor's patents, copyrights, trademarks, proprietary information and trade secrets shall remain vested in Licensor. No title to or ownership of the object code, reference material, or any of its parts, is hereby transferred to Licensee. Licensee's rights shall at all times be subject to the patents, copyrights, trademarks, proprietary information, trade secrets and use restrictions contained in this Agreement. Any additions, modifications or enhancements made by Licensee or by a third party on Licensee's behalf shall not create any rights to the Licensed software and shall not relieve Licensee of its obligation to protect the proprietary nature of the Licensed software. b. Licensee agrees that additions, modifications or enhancements to the Licensed software which may be developed for Licensee through the reimbursed or unreimbursed efforts of Licensor's employees or agents, whether or not in conjunction with Licensee's employees or agents, shall be the exclusive property of Licensor. Licensee shall have no title, ownership, right to royalty or income or any other ownership rights in such additions, modifications, and/or enhancements. c. Title, ownership and control of Licensee's data shall be retained by Licensee. AGSOFTWR(2.6) Page 1 SOFTWARE LICENSE & SERVICES AGREEMENT IV. LIMITED WARRANTY a. Licensor warrants that it has developed, owns, and/or possesses all rights and interests in the Licensed software necessary to enter into this Agreement. b. Except as expressly stated herein, Licensor makes no warranties, express or implied, concerning the products covered by this Agreement, including all warranties of merchantability and fitness for a particular purpose. While Licensor generally works as fast as Licensee will allow and can provide an estimated go live date, unless Licensee has purchased a PSI Guaranteed Time Frame Implementation, Licensor cannot guarantee a go live date as part of this agreement. A guaranteed or estimated go live date may only be provided once Licensee provides Licensor with the required items identified in Exhibit B-Requirements/Prerequisites (such as an executed agreement, initial payment, access to Licensee's network, etc.) for each Licensed product. c. While Licensee maintains a Software Maintenance Agreement, herein after referred to as 'Software Support', Licensor warrants the Licensed software shall materially conform to the specifications contained in the accompanying written materials and execute under Microsoft Windows® NT, 2000, 2003 & XP. The initial 'Software Support' period shall commence on the date the software Licensee has been accepted by Licensee as described in Section IX(e). V. LIMITATION OF LIABILITY a. Licensee acknowledges that the Licensed software is of such complexity that it may have inherent defects and agrees that as Licensor's sole liability and as Licensee's sole remedy, Licensor will provide, while Licensee maintains 'Software Support', all reasonable software maintenance services to correct documented programming or documentation errors reported by Licensee which Licensor's diagnosis indicates are caused by a defect in an unaltered version of the delivered Licensed software. Licensee assumes any and all responsibility and liability for 1) any modification to the Licensed software and/or database structure not made by Licensor and 2) any modification to the Licensee's data which is not made by Licensor or the Licensed software. If, after providing corrective maintenance, Licensor determines that an error condition is not a Licensed software error or that the error condition results from either condition 1 or 2 above, Licensee agrees to pay Licensor for the reasonable services so provided at the rates in effect at the time of service plus reasonable expenses. b. Licensee agrees that Licensor shall not be responsible for any loss or damage to Licensee, its customers, or any third parties caused by failure of the products furnished hereunder to function. c. In no event shall Licensor be liable for any special, indirect, incidental, or consequential damages to the full extent such may be disclaimed by law, arising out of or relating to this Agreement or the Licensed software, whether or not Licensor has knowledge of the circumstances surrounding such damages. In addition, Licensor's liability to Licensee for direct damages arising out of or relating to this Agreement or the Licensed software shall in no event exceed the amounts actually paid by Licensee toward the License fee set forth in Section IX. VI. INDEMNIFICATION As Licensee acknowledges its duty to monitor ongoing operations, Licensee agrees to indemnify and hold Licensor harmless against any and all loss or damage in any way arising out of or in connection with products furnished hereunder, or by any failure of the products to function, in whole or in part due to the sole negligence or willful misconduct of Licensee. Licensor assures the Licensee that, to the best of its knowledge, the information and services to be supplied by it pursuant to this Agreement do not infringe upon any patent, copyright, or trade secret. In the event any legal proceedings are brought against the Licensee claiming that any information or services of Licensor constitute an infringement of a patent, copyright, or trade secret, Licensor AGSOFTWR(2.6) Page 2 SOFTWARE LICENSE & SERVICES AGREEMENT agrees to defend at its sole cost and expense including attorney fees, any such legal proceedings against Licensee and to indemnify and hold Licensee harmless from any damages incurred or awarded as the result of settlement or judgment against the Licensee, provided Licensee gives Licensor prompt written notice within thirty (30) days from Licensee receipt of actual notice of any such claim or of the institution of any such claims against it and further cooperates completely with Licensor in providing all necessary authority, information, and reasonable assistance to enable Licensor, at its option, to settle or defend such claims. Licensor has no other express or implied warranty of non -infringement or liability for infringement or any damages there from. VII. LICENSEES RIGHTS AND OBLIGATIONS a. All material comprising the Licensed software furnished to Licensee may carry notices of Licensor's proprietary, trade secrets and copyrights printed on reports, letters, documents and reference material supplied. Licensee agrees not to remove or obscure such notices in any production or reproduction. b. Licensee will preserve the confidential nature of the Licensed software and related media and will not make copies, including partial copies or updated versions thereof, except for internal reference, archive or backup purposes. Licensee agrees to conscientiously ensure the existence of functional daily backups for at least the last 10 business days and shall not remove or disable any SQL agent or backup plan initiated by PSI without both notification to PSI and at least monthly testing of any subsequently implemented alternate backup plan. If the backup plan is altered or disabled without notification to PSI, and there is a resulting data loss, an additional charge may be incurred for requested data recovery services. c. Because of the confidential nature of the software and any accompanying documentation supplied under this Agreement, it is agreed that the Licensee will not sell, give, or lease the software or relate information about any of the confidential information or capabilities of the provided software to any other firm or person or group without the express written approval of Licensor, and Licensee will further use its best efforts to maintain the security thereof. It is agreed, however, that such information and capabilities which Licensee can show to be in its possession prior to receipt of any disclosure by Licensor shall not be subject to the provisions of this paragraph. Upon termination of usage, Licensee agrees to extract Licensee's data via any readily available tools and to provide written acknowledgement confirming destruction of all database/structure, software and related electronic forms. Licensee agrees that the software/components furnished by Licensor and all copies and versions thereof made by the Licensee are and shall remain the sole property of Licensor. d. Customization of the Licensed software shall be limited to modifications and enhancements that will not limit Licensor's ability to support the product through standard releases. e. Training for users, managers and other personnel prior to going live is essential for efficient operation of the Licensed software. Licensee will designate one employee as a primary contact for each Licensed software application. The designee must have been trained on the Licensed software. This primary support contact should be one who both uses the system and is responsible for the results of the system. This person shall also provide the initial interface with Licensor's support personnel and shall test/verify all configurations including but not limited to: general ledger accounts, rates, rate types billing & charge groups. In addition, they will accept software updates and arrange for software update installation. Should additional training services be required, they may be scheduled at the rates in effect at the time of service. Such training is neither available nor appropriate via customer support lines. f Should Licensee purchase conversion services for any product, Licensee acknowledges that is Licensee's responsibility to provide complete migration data to Licensor in a consistent computer readable format (with understandable field labels which clearly identify the field contents), to notify Licensor that the data is available or has been provided & to promptly review the AGSOFTWR(2.6) Page 3 g• SOFTWARE LICENSE & SERVICES AGREEMENT subsequently converted data. In addition Licensee agrees to notify Licensor of any data/configuration issues relating to a converted product. Licensee's review period (for each product conversion) shall begin upon Licensee's receipt of the 1st converted data and shall end upon Licensee's submission of data for the 2"d/fiinal conversion. While any previously submitted data issues are expected to have been corrected, Licensee is responsible for immediately verifying the requested corrections have been made and providing Licensor prior to the go live date with a written acknowledgment that Licensee has completed their review and accepted the data as converted by Licensor. Licensor desires to provide Licensee with a prompt, high quality data conversion. Neither Licensee & Licensor wish to incur additional time, effort &/or costs for Licensor to get staff back up to speed with Licensee's migration. Consequently, should Licensee's delay cause the period from Licensor's transfer of the converted data to the go live date to exceed 30 days, Licensee acknowledges that an additional conversion services fee equal to 50% of the original conversion amount shall be due. If after the software/data is live Licensee identifies data issues that were available for identification in the 19` converted data Licensor shall provide Licensee with a quote for additional conversion services (if any) and Licensee shall provide written approval for Licensor to provide the quoted services. Licensee agrees that addition of migration data (such as additional records or tables not originally provided) or changes to the format of the migration data may result in a delay of product implementation and shall result in additional charges for the conversion. Software corrections are defined as: Licensor software updates as well as specified operating system patches. Licensee agrees to implement software corrections that have been identified as necessary by Licensor and to ensure that the requirements identified in Exhibit B: (Requirements) are met by all machines intended to execute the Licensed software. Failure to implement those identified software corrections or to maintain the specified requirements shall relieve Licensor from any and all 'Software Support' responsibilities relating to any Licensee reported issue(s) that the Licensor correction(s) was/were offered to address. In the event Licensee fails to implement identified software corrections, any subsequent services relating to the Licensee reported issue(s) will only be provided on an emergency time and materials basis. Unlike the business models of other providers where products become obsolete, Licensor continually improves the software and offers upgrades which are included with software maintenance. It is highly recommended that staff receive additional training at least every 5 years so staff may benefit from and be able to take full advantage of the accumulated new features. h. Licensee agrees to provide Licensor with access to the Licensed software and data for the sole purpose of providing technical support. As a result, Licensee agrees a) to maintain a working connection to the Internet, b) to permit access through any router/firewall of at least one Licensor static IP address or to permit a Virtual Private Network-VPN connection to Licensee's network and c) to allow access to a technical support requestor's workstation via Licensor's "Share desktop facility", Microsoft®'s Netmeeting , pcANYWHERE® or Citrix as specified in the Software Maintenance Agreement. In addition, Licensee agrees that designated workstations shall meet the minimum software requirements: Windows® (NT/2000/2003 or XP) & completed installation of: the licensed software, Microsoft® SQL tools & remote access software such as: VPN, Netmeeting® or PCAnywhere®. i. To minimize Licensee costs, to eliminate any requirement for manual update of validation and/or zip plus four codes, to allow for other on line validations (such as contractor's license, sales tax permit, pet microchip owner information retrieval etc.) and to maximize uptime of zip plus four & Licensed software validations, the Licensed software should optimally be configured for internet access to the designated PSI internet address. Consequently users of the Licensed software may periodically obtain the latest zip plus four data and validation codes. Absent this configuration, to obtain automated zip plus four (4) functionality, Licensee must purchase a zip plus four data subscription and designate staff to install such zip plus four updates every three (3) months. Failure to promptly update zip plus four (4) data will cause disruption of the zip plus four (4) functionality. Furthermore absent internet access, any other possible automated validations are reduced to manual processes. AGSOFTWR(2.6) Page 4 SOFTWARE LICENSE & SERVICES AGREEMENT Licensee understands and acknowledges that network performance is solely the responsibility of Licensee. Should any questions arise as to whether a performance issue is software or network related, Licensee agrees to direct staff, a Licensee retained consultant or Licensor (at Licensee's cost) to evaluate network/software performance. Such network evaluation shall utilize "Network Sniffer" or equivalent tools to facilitate generation of quantitative results. Licensee agrees to request & incorporate Licensor's recommendations in the network evaluation work plan. Licensee further agrees to transmit the results of such work to Licensor for review and to withhold publication of such results until after implementation of all Licensor recommendations. Requests of Licensor for performance troubleshooting (such as speed and network connection issues) in which Licensor receives prior written authorization to collect factual data and subsequently presents a determination that performance issue(s) is/are network related will be billed at the rates in effect at the time of service. k. Upon expiration pursuant to section II or demand by Licensor made pursuant to section X hereof, Licensee shall discontinue use of Licensor's database/structure, software & related electronic forms. VIII. LICENSOR'S RIGHTS AND OBLIGATIONS a. While Licensee maintains 'Software Support', Licensor shall provide Licensee with any updates and minor enhancements to Licensed software, data or data structures which may become available from Licensor as provided for in the corresponding Support Maintenance Agreement. In the course of Licensor providing Licensee with 'Software Support', Licensor may install updates and minor enhancements to Licensed software, data or data structures. b. While Licensee maintains 'Software Support', Licensor shall provide the Licensee with voice, facsimile, modem, and mail communications as provided for in the corresponding Support Maintenance Agreement. c. Nothing contained in this Agreement shall be construed to obligate Licensor to provide any services whatsoever to any Licensee who fails to maintain 'Software Support. d. Insurance. It is understood that Licensor is expected to complete most if not all on -site technical support within 2 months from the signing of this agreement. No less than 90 days from completion of the on -site portion of this agreement, Licensor will remove the Licensee as an additional insured from its insurance policies. Thereafter, Licensor agrees to maintain the agreed upon insurance coverage and to furnish Licensee with certificates of insurance evidencing the required coverages upon request. On or before beginning any of the services or work called for by any term of this Agreement, Licensor, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to Licensee for the insurance specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory in all respects to Licensee. Licensor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Licensor has also been obtained for the subcontractor. 1. Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Licensor shall be provided with limits not less than one million dollars ($1,000,000). In the alternative, Licensor may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. 2. Commercial General and Automobile Liability. Licensor, at Licensor's own expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. AGSOFTWR(2.6) Page 5 SOFTWARE LICENSE & SERVICES AGREEMENT 3. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: Licensee, its officers, employees, agents, and volunteers are to be covered as additional insureds as respects each of the following: liability arising out of activities performed by or on behalf of Licensor, including the insured's general supervision of Licensor; products and completed operations of Licensor; premises owned, occupied or used by Licensor; or automobiles owned, leased, hired, or borrowed by Licensor. The coverage shall contain no special limitations on the scope of protection afforded to Licensee, its officers, employees, agents or volunteers. 4. The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis. 5. Any failure of Licensor to comply with reporting provisions of the policy shall not affect coverage provided to Licensee and its officers, employees, agents, and volunteers. 6. Insurance is to be placed with California -admitted insurers with AMBest's rating of no less than AVII. 7. Notice of cancellation or non -renewal must be received by Licensee at least thirty (30) days prior to such change. 8. Deductibles and Self -Insured Retentions. Licensor shall disclose the self -insured retentions and deductibles before beginning any of the services or,work called for by any term of this Agreement. During the period covered by this Agreement, upon written notice to the Licensee Attorney, Licensor may increase such deductibles or self -insured retentions with respect to Licensee, its officers, employees, agents, and volunteers. 9. Notice of Reduction in Coverage. In the event that any coverage required under this section of the Agreement is reduced, limited, or materially affected in any other manner, Licensor shall provide written notice to Licensee at Licensdr's earliest possible opportunity and in no case later than five (5) days after Licensor is notified of the Change in coverage. 10. If Licensor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Licensee may, at its sole option: (i) Order Licensor to stop work under this Agreement, withhold any payment which becomes due to Licensor hereunder, or both stop work and withhold payment, until Licensor demonstrates compliance with the requirements thereof; (ii) Terminate this Agreement. Exercise of either remedy listed above is the sole and exclusive remedy for Licensor's failure to maintain insurance or to secure appropriate endorsements. IX. LICENSE FEES AND PAYMENTS a. Payment of the License fee authorizes use of the Licensed software by no more than the number of users specified below: Software (Utilizes/Requires Microsoft SQL licenses) Concurrent Licenses License Fee LicenseTrackTM PetTrackT" BuildingTrackNincludes CodeTrackm% ParcelTrackTM & PermitTrack Package License Discount Credit Card Connector Web Interface(each module)with PSI package 4 Users 4 Users 4 Users $17,000 $5,000 $35,000 ($4,000)rn,) $1,000 $8,500 Read only Users Unlimited Included Professional Services Units Extended Cost LicenseTrackT"' 1 Discounted conversion of all convertible records from $11,000 AGSOFTWR(2.6) Page 6 SOFTWARE LICENSE & SERVICES AGREEMENT PetTrackTM BulldingTrackTM data provided by city(package price) Discounted turnkey off -site configuration(package price) Discounted training(package price) $7,000 $7,400 Requested Modifications LicenseTrackTM PetTrackTM BuildingTrackrm None None None Forms & Letters to be Customized* LicenseTrackTm PetTrackTM BuildingTrackTM Renewal, Delinquent, Underpayment & License Renewal, Delinquent, Underpayment & License Custom Letters Included Total Professional Services $25,400 Project Grand Total $87,900 Whenever form or letter customization is quoted, unless otherwise specified, Licensee may expect Licensor to modify Licensor's standard forms/formats to accommodate Licensee's names, addresses, phone numbers, text, emblems, logos, and bank account numbers, etc. (List price $600) Deviations from Licensor's standard formats (such as creation of one or more entirely new forms) require additional effort and will be billed at Licensor's standard hourly rates. **Maintenance will be billed in May and will be due July 1st, 2007 . Travel expenses will be billed at our actual cost and limited to customary reasonable travel, ground transportation or auto rental fees, lodging and meal per diem expenses. 3'd Party Deliverables: Any required or desired hardware, software, and communications products not specifically included in the following table are Licensee's responsibility. This configuration represents Licensor's recommended products, and the cost is an estimate only, as the prices of the third -party vendors are subject to change without Licensor's approval. Also, Licensee understands that Licensor may decide to change this recommendation if Licensor believes a new solution is better suited for the proposed installation. Should this recommendation changes, Licensor will notify Licensee as soon as practical. Licensor makes no warranty, whether expressed or implied, regarding the components listed below and shall not be responsible for servicing such components. The components shall be subject only to manufacturers' warranties, if any. 3'd Party Products (Prices do not include sales tax) Crystal Reports(run-time) Sub -Agencies: Application(s) authorized for use by specified sub -agency LicenseTrackT"' PetTrackTM BuildingTrackTM Cost $0.00 Sub -Agency None None None b. All consultant service is billed portal to portal and subject to such minimum response charges as may then be in effect. c. Charges for additional support services will be invoiced to Client at the hourly rate (minimum of four (4) hours) in effect at the time of service and shall be payable thirty (30) working days from receipt of invoice. Consultant will submit invoices which reflect the date of service, staff -hours expended and a description of the services rendered. d. In the event that subsequent to the execution of this Agreement additional software is desired, the notice referencing this Agreement from Licensee to Licensor will serve as an addendum to this Agreement and all provisions of this Agreement will apply for the requested products or services. To avoid conflicting terms arising out of the integration of this Agreement, resulting purchase orders, letters and confirmation, the parties agree that the terms agreed to herein shall not be subject to change by either party unless both parties consent to the proposed change in writing. Should any conflict arise with any other unilateral writings of either party, this Agreement will govern. AGSOFTWR(2.6) Page 7 44/ SOFTWARE LICENSE & SERVICES AGREEMENT All documentation, programming and/or modifications shall be delivered via remote telecommunications from Licensor's place of business, to or through the Licensee's computer. Licensor shall not provide Licensee with possession of any tangible personal property such as storage media. Unless otherwise stated, all fees are exclusive of state and local use, sales, property (ad valorem) and similar taxes. Such taxes, when applicable, will appear as separate items on Licensor's invoice. In addition, Licensee shall reimburse Licensor for any state or local requirements which Licensor must obtain to provide services (Le. additional insured certificates, etc.). Licensor shall obtain any necessary City business tax certificate prior to commencement of any work authorized by this Agreement at Licensor's expense, and shall maintain such certificate through the term of the Software Maintenance Agreement. e. Licensed software and Licensor supplied Hardware shall be deemed accepted by Licensee upon a) receipt of hardware and/or Licensed software and b) delivery of a signed acceptance statement to Licensor or continued and successful use by Licensee of the hardware and/or software for 30 consecutive business days in the ordinary course of business. f. 50% of the Software License fee will be billed upon execution of this Software & Services Agreement and due 15-days from date of invoice. Payment for services will be invoiced as stated below and due on a 15-day net basis from date of invoice. Payment milestones will include: ➢ Execution of Software License Agreement (50%) ➢ Acceptance of Software will trigger invoice for all remaining balances due in 30 days X. DEFAULT a. In the event Licensee fails to comply with its obligation to make payments due hereunder or Licensee fails to exercise due care with regard to its obligations under this Agreement, and has not remedied such default within 30 days from the date of written• notice by Licensor, then Licensor shall be entitled to terminate this Agreement and Licensee shall immediately discontinue use of database/structure, software and related electronic forms. In addition, Licensee shall provide Licensor with written confirmation that previously licensed components have been erased and copies are no longer on Licensee's computer or backup tapes per section VII(c). Licensee agrees that failure to provide a 'Statement of Destruction' within 30 days from discontinuation of software use shall result in a $1,000 charge for each subsequent 7 day period until such statement has been provided. Licensor agrees to transmit a 'Statement of Destruction' to Licensee with a reminder that a 'Statement of Destruction' must be provided to Licensor prior to Licensor assessment of charges authorized by this section. b. In the event of default, Licensor shall be entitled to exercise any one or more of these remedies: (1) Upon 30 days written notice Licensor may terminate this Agreement and accelerate all amounts due and unpaid hereunder such that all amounts will become immediately due and payable; (2) Licensor may allow the Licensed software to expire without demand or notice, without court order or other process of law, and without liability to Licensee for any damages occasioned by such expiration of the Licensed software; (3) Licensor may pursue any other remedy available at law or in equity, including injunctive relief. Xl. GENERAL PROVISIONS a. This Agreement and any written modifications, amendments or addendum executed pursuant to this Agreement, constitute the entire agreement between the parties and supersede all negotiations and other proposals, oral or written, and all previous and current negotiations and other communications between the parties. The obligations set forth in this Agreement shall survive termination of this Agreement and shall be construed in accordance with and governed by the laws of the State of California. This Agreement may be signed in several counterparts, each of which shall be deemed an original. b. Waiver of strict performance of any provision of this Agreement shall not be deemed a waiver nor shall it prejudice the waiving party's right to require strict performance of the same provision or AGSOFTWR(2.6) Page 8 SOFTWARE LICENSE & SERVICES AGREEMENT any other provision in the future unless such waiver has rendered future performance commercially impossible. c. Except in the event of a merger or substantial sale of assets, neither this Agreement, nor any rights or obligations hereunder, may be assigned to any third party without the prior written consent of the other party. Such consent shall not be unreasonably withheld. d. All of the respective duties and obligations of the parties hereunder shall be binding on their respective successors and assigns, and any corporate or other entities with which they may merge or consolidate. Should 'Software Support' cease to be offered, the term of this software license shall become perpetual. e. AU notices, including notice of termination provided for hereunder, shall be delivered to that party in writing at the respective party's address indicated on the following page. Notice shall be sufficient if sent by first class mail; such notice shall be deemed to have been received by addressee seventy-two (72) hours after deposit thereof in the United States mail providing an email containing the same notification has been sent to the designated contact. f. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, may be settled by arbitration, if agreeable to both parties, in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any change or revision to the terms and conditions hereof shall be made by written amendment and shall be executed by persons authorized to do so by the respective parties. No changes in specifications, requested or suggested by either party, shall be made except by written agreement of both parties. h. In the event that any one or more of the provisions contained in this Agreement should be found to be invalid, illegal, or unenforceable in any aspect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. i. During the term of the relationship between Licensee and Licensor ("Services Period"), and for a consecutive one (1) year period following termination of Services for any reason, whether voluntary or involuntary (the "Post Services Period"), Client shall not directly or indirectly, or by action in concert with others, induce or influence, or seek to induce or influence, any employee, agent, independent consultant, or other business affiliate of Licensor ("Consultant Associate") to terminate his/her relationship with Licensor. j. Licensee acknowledges that should he violate any of the covenants contained in this Agreement, it will be difficult to determine the resulting damages to Licensor and, in addition to any other remedies Licensor may have, Licensor shall be entitled to temporary and permanent injunctive relief without the necessity of proving actual damages, or posting bond. k. To compensate Licensor for his investment of time training said Consultant Associate (as that term is defined above) and to Compensate Licensor for having to retrain a new Consultant Associate, Licensee agrees that for every Consultant Associate who Licensee retains as a consultant for the duration of this agreement & the Post Service Periods, Licensee shall pay Licensor 50% of all gross moneys spent for services with said Consultant Associate during the first year following termination of the relationship. For each Consultant Associate that Licensee retains as an employee, Licensee agrees to pay Licensor a fee equal to 50% of the solicited Consultant Associates' first year salary. 9• AGSOFTWR(2.6) Page 9 A SOFTWARE LICENSE & SERVICES AGREEMENT XII. EXECUTION Effective this 21st Licensor: PROGRESSIVE SOLUTIONS® P 0 BOX 783 BREA CA 92822-0783 Yr- 16--0,1' t ' Authorized Representative (714) 671-1597 Title: President day of November , 2006 Licensee: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950-4397 Authorized Representative Phone Number (Type or Print) Approved as to form: Attest by: AGSOFTWR(2.6) Page 10 EXHIBIT A: SOFTWARE MAINTENANCE AGREEMENT I. INTRODUCTION. Progressive Solutions®, a California corporation herein after referred to as "Licensor" and City of National City, a municipal corporation, herein after referred to as "Licensee" agree to the following terms and conditions. II. NATURE AND DURATION OF SUPPORT. Licensor is in the business of providing software support services. Software support services are intended to facilitate smooth & efficient ongoing operations of the Licensed software. Licensee desires to obtain software support services for the Licensed software specified in section V. This Agreement provides for service only during normal business hours (8am to 5pm PST) and shall expire at 5:00 PM Pacific Standard Time on June 30, 2007 unless renewed as set forth below. Support outside of normal business hours is available for purchase. Requests for service for which the intended result is of negligible operational benefit are not available free of additional charge under this software support agreement. (i.e. Changing the name of a server (absent a hardware upgrade) which consequently results in the need to reinstall/verify the SQL data base software, the operating system, the Licensed software and to update every client machine which run the Licensed software.) Licensees that purchase after hours support will be provided with the appropriate contact information. Licensor reserves the right to prorate the software support fee and provide more or less than one year of coverage so that subsequent Software Maintenance Agreements expire on June 30`h. Unless written notice of termination has been provided by Licensee to Licensor no later than 30 days prior to expiration of this support services agreement, this Agreement shall automatically renew eachyear thereafter for an additional year at the support rate in effect at that time. In the event Licensee drops coverage of any module/product and later requests to reinstate the same module/product, Licensee agrees to pay all support fees for the lapsed period(s). III. LICENSEE'S RIGHTS AND OBLIGATIONS a) Training for users, managers and other personnel is essential for efficient operation of the Licensed software. Licensee will designate one employee as a primary contact for each Licensed software application. The designee must have been trained on the Licensed software. This primary support contact should be one who both uses the system and is responsible for the results of the system. This person shall also provide the initial interface with Licensor's support personnel, accept software updates and arrange for software update installation. Should training services be required, they may be scheduled at the rates in effect at the time of service. Such training is neither available nor appropriate via customer support lines. Licensee accepts and understands that if software upgrades are not installed within six (6) months from receipt or within six (6) months from the release date whichever is earlier, Licensor will be under no obligation to continue any 'Software Support' services. b) Software corrections are defined as: Licensor software updates as well as specified operating system patches. Licensee agrees to implement software corrections that have been identified as necessary by Licensor and to ensure that the requirements identified in Exhibit B: (Requirements) are met by all machines intended to execute the Licensed software. Failure to implement those identified software corrections or to maintain the specified requirements shall relieve Licensor from any and all 'Software Support' responsibilities relating to any Licensee reported issue(s) that the Licensor correction(s) was/were offered to address. In the event Licensee fails to implement identified software corrections, any subsequent services relating to the Licensee reported issue(s) will only be provided on an emergency time and materials basis. Unlike the business models of other providers where products become obsolete, Licensor continually improves the software and offers upgrades which are included with software maintenance. It is highly recommended that staff receive additional training at least every 5 years so staff may benefit from and be able to take full advantage of the accumulated new features. c) Licensee will preserve the confidential nature of the Licensed software and related media and will not make copies, including partial copies or updated versions thereof, except for internal reference, archive or backup purposes. Licensee agrees to conscientiously ensure the existence of functional daily backups for at least the last 10 business days and shall not remove or disable any SQL agent or backup plan initiated by PSI without both notification to PSI and at least monthly testing of any subsequently implemented alternate backup plan. If the backup plan is altered or disabled without notification to PSI, and there is a resulting data loss, an additional charge may be incurred for requested data recovery services. AGSOFTMT(2.5) Page 1 EXHIBIT A: SOFTWARE MAINTENANCE d) Licensee agrees to provide Licensor with access to the licensed software and data for the sole purpose of providing technical support. As a result, Licensee agrees (a) to maintain a working connection to the Internet, (b) to permit access through any router/firewall of at least one Licensor static IP address or to permit a Virtual Private Network-VPN connection to Licensee's network and (c) to allow access to a technical support requestor's workstation via Licensor's share desktop facility, Microsoft®s Netmeeting®, pcANYWHERE® or Citrix. In addition, Licensee agrees that all designated workstations shall meet the following minimum requirements: Pentium 400mh or faster processor, Windows 98/ME/NT/2000/2003 or XP, and completed installation of (licensed software, Netmeeting®, PCAnywhere®, Microsoft® Access® and/or Microsoft® SQL tools). In the event Licensor deems such remote access necessary, Licensor shall request confirmation that required access (one of the options listed above) is available. Upon receipt of such confirmation, Licensor shall attempt remote access. If remote access is not functional despite Licensee's confirmation of functional remote access, Licensor shall provide remote access verification services free of charge for one time during each annual agreement. Should Licensee require remote access verification services in excess of the one free service, Licensee will request approval for payment prior to providing remote access verification. The remote access verification fee compensates Licensor for assistance in setting up and verifying remote access operation. In the event remote access is not and will not be available in the course of Licensor's attempts to provide 'Software Support' services, Licensee understands that Licensor's ability to provide support will be severely limited. Should Licensee desire emergency support, on -site support services are available at Licensor's current support rate plus expenses for each partial or full day required to provide 'Software Support' services. e) To minimize Licensee costs, to eliminate any requirement for manual update of validation and/or zip plus four codes, to allow for other on line validations (such as contractor's license, sales tax permit, pet microchip owner information retrieval etc.) and to maximize uptime of zip plus four & Licensed software validations, the Licensed software should optimally be configured for internet access to the designated PSI internet address. Consequently users of the Licensed software may periodically obtain the latest zip plus four data and validation codes. Absent this configuration, to obtain automated zip plus four (4) functionality, Licensee must purchase a zip plus four (4) data subscription and designate staff to install such zip plus four updates every three (3) months. Failure to promptly update zip plus four data will cause disruption of the zip plus four (4) functionality. Furthermore absent internet access, any other possible automated validations are reduced to manual processes. f) Licensee understands and acknowledges that network performance is solely the responsibility of Licensee. Should any questions arise as to whether a performance issue is software or network related, Licensee agrees to direct staff, a Licensee retained consultant or Licensor (at Licensee's cost) to evaluate network/software performance. Such network evaluation shall utilize "Network Sniffer" or equivalent tools to facilitate generation of quantitative results. Licensee agrees to request & incorporate Licensor's recommendations in the network evaluation work plan. Licensee further agrees to transmit the results of such work to Licensor for review and to withhold publication of such results until after implementation of all Licensor recommendations. Requests of Licensor for performance troubleshooting (such as speed and network connection issues) in which Licensor receives prior written authorization to collect factual data and subsequently presents a determination that performance issue(s) is/are network related will be billed at the rates in effect at the time of service. g) Licensee assumes any and all responsibility and liability for 1) any modification to the Licensed software and/or database structure not made by Licensor and 2) any modification to the Licensee's data which is not made by Licensor or the Licensed software. Licensee agrees to allow If, after providing corrective maintenance, Licensor determines that an error condition is not a Licensed software error or that the error condition results from either condition 1 or 2 above, Licensee agrees to pay Licensor for the reasonable services so provided at the rates in effect at the time of service plus reasonable expenses. Upon expiration pursuant to section II or demand by Licensor made pursuant to the default provisions of the corresponding Software License Agreement, Licensee shall discontinue use of Licensor's database/structure, software & related electronic forms. In addition, Licensee shall provide Licensor with written confirmation that previously licensed components have been erased and copies are no longer on Licensee's computer or backup tapes. Licensee agrees that failure to provide a 'Statement of Destruction' within 30 days from discontinuation of software use shall result in a $1,000 charge for each subsequent 7 day period until such statement has been provided. AGSOFTMT(2.5) Page 2 EXHIBIT A: SOFTWARE MAINTENANCE AGREEMENT IV. LICENSOR'S RIGHTS AND OBLIGATIONS (a) During the term of this agreement, Licensor shall provide Licensee with unlimited telephone support services relating to software fixes and the dissemination of workaround solutions. In addition, Licensor shall provide Licensee with any updates and/or minor enhancements to Licensed software, data or data structures, which may become available from Licensor without additional charge. Furthermore, in the course of Licensor providing Licensee with support services, upon direction, Licensor may install (or instruct Licensee on installation of) the above mentioned updates and minor enhancements to Licensed software, data or data structures. (b) During the term of this agreement, Licensor shall provide Licensee with limited voice, facsimile, Internet, and mail communications as appropriate for training related support. Training support is defined as providing information to current and prospective users of the Licensed software on operational or functional aspects defined in the current user documentation. This support shall be provided to the person designated by Licensee (or an alternate in the absence of the designated caller). The designee shall know the Licensed software, use the Licensed software and be responsible for the results of their efforts. Training related support in excess of fifteen (15) minutes per call will be billed at the rate in effect at the time of service. Prior to and as a condition of Licensor's right to bill for training services, Licensor shall inform Licensee that the free training support is over and that any additional training will be billable. Licensor reserves the right to limit the number and the duration of these communications. (c) Nothing contained in this Agreement shall be construed to obligate Licensor to provide any services whatsoever subsequent to the expiration of this Agreement or any subsequent renewals of this Agreement. Upon expiration of this Agreement, Licensee may purchase continued 'Software Support' services on an annual basis. The price(s) specified in section V is (are) the current price(s) for 'Software Support' services. Licensor reserves the right to change the annual software support fee at any time. Licensor agrees to provide at least 30 days prior written notification prior to implementation of any fee change. Any fee change shall not be effective until the first day of any annual extension. V. SUPPORT FEES AND PAYMENTS Payment for 'Software Support' services is due in advance. 'Software Support' services will not be provid Licensed Software Annual Support Fee Prorated Fee LicenseTrackTm- 4 Users $3,700 $0.00 PetTrackTM- 4 Users $2,200 $0.00 BuildingTrackTm- 4 Users $4,500 $0.00 LicenseTrackTm Web Renewal $1,000 $0.00 VI. GENERAL PROVISIONS (a) The Licensed software is subject to design and operational changes to allow for the use of new technologies and to correct known bugs as they are brought to the attention of the Licensor, either by the Licensor's own quality -control mechanisms or by the Licensee. (b) Licensee acknowledges that the Licensed software is of such complexity that it may have inherent defects and agrees that as Licensor's sole liability for such inherent defects and as Licensee's sole remedy for such inherent defects, Licensor will provide, during the term of this Agreement, all reasonable maintenance services to correct documented programming or documentation errors reported by Licensee which Licensor's diagnosis indicates are caused by a defect in an unaltered version of the delivered Licensed software. (c) Licensee acknowledges that annual software maintenance is designed to ensure quality support for all users of both Licensed software and forms designed, created and/or maintained by Licensor as part of the released software. Licensor utilizes Seagate's Crystal Report Writer' to create most reports and forms. To ensure maximum flexibility, customers are provided with the option to design, create and maintain additional forms, mailings, and/or reports. Licensor's annual software maintenance does not include the provision of technical support for user written customized Crystal Reports . However, Licensor is pleased to offer support on a cost per incident basis. (d) All documentation, programming and/or modifications shall be delivered via remote telecommunications from Licensor's place of business, to or through the Licensee's computer. Licensor shall not provide Licensee with possession of any tangible personal property such as storage media. Licensee shall reimburse Licensor for any state and or local requirements, which Licensor must meet or Page �3 C(' AGSOFTMT(2.5) EXHIBIT A: SOFTWARE MAINTENANCE obtain to provide services under this Agreement (e.g. business licenses, additional insured statements, sales tax, etc.). (e) This Agreement and any written modifications, amendments or addenda, executed pursuant to, this Agreement constitute the entire agreement between the parties and supersede all negotiations and other proposals, oral or written, and all previous and current negotiations and other communications between the parties. The obligations set forth in this Agreement shall be construed in accordance with and governed by the laws of the State of California. This Agreement may be signed in several counterparts, each of which shall be deemed an original. (f) Any controversy or claim arising out of or relating to this Agreement or the breach thereof, may be settled by arbitration, if agreeable to both parties in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. (g) Any change or revision to the terms and conditions hereof shall be made by written amendment and shall be executed by persons authorized to do so by the respective parties. No changes in specifications, requested or suggested by either party, shall be made except by written agreement of both parties. VII. EXECUTION Effective this Licensor: Progressive Solutions® P 0 Box 783 Brea CA 92822-0783 day of 2006 Authorized Representative (714) 671-1597 Licensee: City of National City 1243 National City Blvd. National City CA 91950-4397 Authorized Representative ( ) Phone Number (Type or Print) AGSOFTMT(2.5) Page 2 Exhibit B: Progressive Solutions'® Server & Workstation Requirements Recommended Minimum Network Server Operating System Microsoft® Windows® 2003 Server or Advanced Server Microsoft® Windows® 2000, Novell®Netwaze 4.x Network Server Equipment • Pentium® IV (1.2 Ghz or faster) • 2 GB or more available RAM • 30 GB SCSI Ultra 160 Hard -Disk Space • Color SVGA .28 Monitor • 100 mbit Ethernet Network Card • 100 mbit Ethernet Switch • 24x CD-ROM Drive • Pentium® II (750 Mhz) • 1 GB of available RAM • 10 GB SCSI Hard -Disk Space • Color SVGA .28 Monitor • 10 mbit Ethernet Network Card • 10 mbit Ethernet Hub • CD-ROM Drive All hardware must be Microsoft®/Novell® certified (request printed certification documents). Database Server Equipment Use the Recommended Network Server or for better performance, use a separate Database Server (same specifications as the Network Server). • Microsoft® Windows® 2000 • If Novell® Netware is the Network Operating System, install a separate Database Server. Software Microsoft® SQL Server 2003 or 2005 Standard or Enterprise Edition with .NET 2.0 installed Same as recommended. Network Server & Database Server Power Protection Same as required. True On -Line UPS, 600 Volt amps minimum with UPS Monitoring card, cable, and software. Explanation: Using a surge protector will only address 1% of the potential power problems. On -Line protection will protect against an additional 80% of the potential power problems. When commercial power fails, the UPS monitoring card will close all open files and shutdown the file server safely. Some SPS (SwitchingPower Supply) vendors refer to their SPS products as UPS products. An SPS will NOT provide sufficient protection against sags, brownouts, etc. Workstation Computer • Pentium® IV (I Ghz or faster) • 128 MB of available RAM • 10 GB Hard -Disk Space • Color SVGA .28 Monitor • 24x CD-ROM Drive • Pentium® II (500 Mhz) • 64 MB of available RAM • 4 GB Hard -Disk Space • Color SVGA .28 Monitor • CD-ROM Drive Workstation Operating System Microsoft® Windows® XP Professional with latest .NET framework Microsoft® Windows® 2000 with latest .NET framework Workstation Power Protection Same as required. Combination On -Line conditioner and surge protector. Tape Backup System Same as required. Network -quality system to backup fileserver hard drive on one tape and provide tape read after write verification. Data File Transfer Same as required. CDR/CDRW Drive Printer Hewlett Packard® 5, 6, or 7 series, Hewlett Packard® 4000 — 5000 Laser Printer with HPCL or PostScript fonts About Dot Matrix Printers: In Microsoft® Windows®, dot matrix printers print slowly. Often dot matrix printers DO NOT have adequate graphic drivers. Internet Access Same as required. CABLE, DSL, ISDN, or TI Explanation: Progressive Solutions® applications requires In connection that is slower than 256 Kbps will take significant] t ernet access to download program updates. Using an Internet longer to download data. E-mail Same as required. Microsoft® Outlook®. Network Installer Same as required. Microsoft or Novell® Authorized and Certified Report Modification Crystal Reports Version 8.5 Crystal Reports Version 8.5 Redundancy A RAID solution for data and web operations No redundancy Progressive Solutions®; PO Box 783 Brea, CA 92822. voice: (714)671-1597fat. (714) 255-9775 www.progressivesolutions.com Exhibit B: Progressive Solutions'® Implementation Prerequisites Done General Tasks Notes Send us your initial payment and signed: • Software License and Services agreement • Software Maintenance Agreement • Purchase Order (which references the terms of the software license, services & maintenance agreements] Send us a digitized image of your city logo Designate the name of the server that will host the SQL data and have the SQL tools loaded. Send us a copy of your Municipal Code relating to Business Licensing for our review. Have someone from IS contact us so that we may verify our ability to access your SQL & file servers via the Internet. Identify all financial accounts to be posted to and transmit accounts to us. Create a share named PSI' on the designated file or SQL server. Provide us with both the file server name and IP address. (Be sure to provide our user with the appropriate security to access this area.) We will use this share location to load our program & implementation files. Done LicenseTrack Tasks Notes Send us the complete set of current migration data (with logical field labels) and desired city forms/formats so that our staff may begin to migrate your data and to recreate your forms on the new system. (Business Licensing) If there are changes or improvements that you would like to have, include notations along with the forms. Software and converted data installed at city. Basic training provided for review of suitability/functionality Review proposed forms and provide comments for implementation. Notify PSI of your desired go live/implementation dates. Done Ca$hlerCentral Tasks Hardware ordered and delivered. Identify and document the location of all proposed registers Order/prepare personal computers for implementation as registers and determine the appropriate computer names. Inform PSI of the serial connector type on each PC (DB9 or DB25) Identify andforward all general ledger (GL) accounts to be posted to, their contra accounts and all charge code abbreviations. Charge codes are the codes used at the registers which point to GL accounts. They consist of a code and a description. The code can be the entire GL number or an abbreviation that Is unique to the financial account (either alpha or numeric) to facilitate data entry. If you are going to be processing credit cards, a Windows 2000 or XP workstation is required. Notify PSI of your desired go live/implementation dates. Progressive Solutions8; PO Box 783 Brea, Ca 92822; voice: (714)671-1597 fax (714) 255-9775 www.progressivesoltttions.com EXHIBIT C: REVENUE RECOVERY SOFTWARE & PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as "CITY", and PROGRESSIVE SOLUTIONS, INC., a California Corporation, hereinafter referred to as "PSI" is made and entered into on December 1, 2006. RECITALS WHEREAS, the CITY desires to obtain state of the art revenue recovery automation & professional services to augment CITY's revenue enhancement efforts; and WHEREAS, PSI has the necessary software, professional expertise and skill to provide such services. NOW, THEREFORE, the purpose of this AGREEMENT is to retain PSI as a consultant to CITY to implement the revenue recovery module and to perform services specified in SECTION 1 of this AGREEMENT as authorized by CITY. THE PARTIES HEREBY AGREE AS FOLLOWS: SECTION 1 SCOPE OF OFFERING. PSI shall assist CITY staff to maximize CITY's revenue recovery results. To that end, upon direction of the Finance Director or designee, PSI shall: License Revenue Recovery Automation for City Staff: ■ Implement state of the art —revenue recovery/discovery software suite which will: o Automate processing of AB990 data, AB63 data and other data • Provide appropriate written responses to Frequently Asked Questions (FAQ's) as well as detailed procedures. • Perform cross checks using revenue recovery software and available data. • Automatically create leads for automated follow-up. • Create letters for notification of non compliance as well as providing a tracking mechanism for all additional follow-up. • Provide generation of ad hoc reports of payment received as a result of non compliant business discovery efforts over any period (day, week, month, year etc.). o Automate Business, Transient Occupancy, Franchise & other Audits • Provide appropriate written responses to Frequently Asked Questions (FAQ's) as well as detailed procedures. • Provide staff with ability to prioritize audit leads and flag/select leads for audit. • Provide staff with ability to review both completed as well as assigned audits. • Provide staff with ability to enter audit data and consequently have the system automatically generate audit findings invoices. • Provide generation of ad hoc reports of payment received as a result of audit findings over any period (day, week, month, year etc.). o Automate electronic transmission of data for submittal to SBE (State Board of Equalization) to correct misallocations, and follow-through to ensure that the SBE makes the corrections. o Facilitate revenue trend analysis & forecasting. o Provide ability for staff to evaluate the success of all recovery endeavors at any time. Optional Services • Collaborate with CITY staff to identify service priorities. • Meet with CITY staff to affirm service objectives, scope and procedures, schedule meetings and plan logistical matters. ■ Represent the CITY for the purposes of examining agreements and records related to the scope of this AGREEMENT. Page 1 EXHIBIT C: REVENUE RECOVERY SOFTWARE & PROFESSIONAL SERVICES AGREEMENT • Provide staff to perform either field or desk audits of Business Registration, Transient Occupancy, Franchise and/or other Audits • Upon completion of any audit, prepare findings, submit report to city & attach audit report to the appropriate account. ■ Collaboratively (with CITY staff) perform identification of businesses that should be contacted regarding a business outreach program to increase the amount use tax that is self accrued to the CITY. • Augment CITY staffs knowledge of existing information systems and related data in order to generate additional "audit leads" for both allocation and noncompliance situations. • Provide CITY with invoices which document the nature of CITY'S REALIZED BENEFITS and taxpayer identification (i.e. account, FEIN, SEIN or resale numbers) As CITY budgets and funding are often constrained, this agreement provides software for revenue enhancement services/software which facilitate significant revenue recovery. Any authorized revenue recovery audits are generally performed by reviewing the current year and the prior 3 years records at the same time. Postponement of audits or other services would likely cost the CITY countless dollars should any delay limit the revenue recovery period. Financially responsible cities generally elect to continue audit and other services to retain the possibility of significant revenue recovery. PSI is expected to expand opportunities for both CITY and PSI to realize additional Revenue. Revenue recovery activities shall be approved by CITY in writing prior to implementation. CITY may at its sole discretion assign to PSI additional, specific work in addition to the described services (I.e. small claims representation). Compensation for additional work assignments shall be mutually agreed upon by means of a written letter agreement. PSI will at CITY's written request, assist CITY on an "as -needed" basis by providing technical support on contract issues, tax issues and questions regarding estimated revenue on proposed projects, revenue -sharing negotiations, budget projections, software systems, available audit programs, development disposition and development agreements and in other related areas as questions arise. SECTION 2 TERM OF AGREEMENT. The term of this AGREEMENT shall be from December 1, 2006 to November 30, 2009, inclusive, subject to the provisions of SECTION 11 of this AGREEMENT. SECTION 3 SCHEDULE OF PERFORMANCE. PSI shall commence work under this AGREEMENT within 10 days of execution of this AGREEMENT by implementing the revenue recovery automation suite, customizing recovery letters, providing answers to frequently asked questions and instruction. Recovery projects may be initiated by CITY and assigned to PSI under this AGREEMENT until November 30, 2009. The CITY, subsequent to November 30, 2009, may at its sole discretion renew this Agreement on an annual basis. Time is of the essence in this AGREEMENT. SECTION 4 COMPENSATION AND PAYMENT An initial Setup Fee of $2,500 shall be paid to PSI by CITY for a nonexclusive revenue recovery software license, training and related services. Payment of the Service Fee shall be paid to PSI from revenue recovery benefits realized by the CITY. "REALIZED BENEFITS" shall be defined as increased CITY accounts receivable due to the identification or non-payment and/or underpayment of a tax (including tax levy), receipt of an audit report which verifies the city has received the full extent of tax due, recovery of tax Page 2 EXHIBIT C: REVENUE RECOVERY SOFTWARE & PROFESSIONAL SERVICES AGREEMENT payments made on exempt purchases, reduction of prior, current and future accounts payable and the reduction of future liabilities. "CONTINGENT FEE" shall be defined as compensation to PSI in consideration of the timely and faithful performance of services set forth in this AGREEMENT (such as initial setup, training & other services). Such fees shall be earned by PSI for REALIZED BENEFITS obtained by the CITY due to PSI's efforts, use of the cross referencing or SBE notification capabilities of the licensed business license software. As situations may arise where legal or other challenges limit PSI's ability to perform services or obtain compensation, CITY shall ensure continuation of services via payment of non contingent fees. Such challenges may result from potential or actual litigation arising from CITY municipal code, ordinances, resolutions, policies, procedure, etc. Other possible challenges include but are not limited to: refusal of access to records & litigation. "NON CONTINGENT FEE" shall be defined as reimbursement of all or part of PSI's costs. Payments of NON CONTINGENT FEES shall reduce contingency fees due to PSI as explained in paragraph 2 below. Minimum fees shall be the greater of the 15% recovery findings or the stated amounts below. Examples of non contingent costs relating to PSI provided services include: > $750 minimum fee for each field business or occupancy tax audit (including written audit findings) ➢ $50 minimum for each desk business tax audit > $1,250 for each field franchise fee audit (including written audit findings) > all reasonable related expenses incurred Reasonable expenses shall include but are not limited to: meals, transportation, lodging, postage and costs of data obtained to identify non compliant businesses & individuals. "ONE TIME" recoveries shall be defined as REALIZED BENEFITS derived from Audits of Transient Occupancy, Business License and/or other data. Audits may be prioritized and scheduled for licensed businesses to examine documentation generated within the audit period (typically for the current and 3 prior years). "ONGOING" recoveries shall be defined as REALIZED BENEFITS derived from newly identified businesses, sales tax misallocations or existing businesses without resale permits that have been identified as requiring them. PSI professional services as well as PSI revenue enhancement software & services are provided as a backstop audit program which supplements services currently provided by another vendor. PSI will provide a mechanism for flagging PSI identified accounts. In the event of a conflict, CITY, upon presentation to PSI of evidence of the conflict will receive credit for all amounts paid to PSI which result from the conflict(s). As a direct result of this agreement, the CITY obtains the potential of a large financial return with limited financial outlay. As no budget commitment need be made by the CITY, all risk is absorbed by PSI. PSI business licensing software has been designed to facilitate follow-up notice processing. Software license and maintenance fees are documented in separate Software License and Maintenance Agreements which are incorporated by reference herein. PSI will present CITY with a report of findings based upon the municipal code in effect at the time. Should CITY elect to waive or exempt payment of all or part of the amounts due (as reported by PSI) for any reason, the Finance Director will have 14 days from notification of realized benefits identified to modify the amount(s) due. In such case the contingency fee due to PSI shall be based upon the amount due determined by the Finance Director. Consequently, the contingent payment shall Page 3 EXHIBIT C: REVENUE RECOVERY SOFTWARE & PROFESSIONAL SERVICES AGREEMENT be due and payable upon the date of the decision. Otherwise the contingency fee due to PSI shall be based upon the amount(s) due per the submitted PSI report of findings. Audit related contingency fees will be calculated from the report of findings and invoiced to CITY no earlier than 14 days from presentation of audit report(s) to CITY staff for their review. In the event PSI findings are found to be invalid by an administrative or judicial proceeding, PSI will revise said findings and credit CITY with any CONTINGENT FEES paid. 1) CITY agrees to pay CONTINGENT FEES to PSI from recoveries of REALIZED BENEFITS such as deficiencies from eligible prior periods (plus associated charges for penalties and interest). Said recoveries include amounts recovered, refunded, credited, or any other consideration received by the CITY in lieu or as a result of audits, licensed software or other PSI provided service. 2) CONTINGENT FEE CALCULATIONS: When PSI's audits, licensed software or other PSI provided services result in the detection and correction of errors/omissions that the CITY and PSI mutually agree will produce ONGOING (rather than ONE TIME) benefits, PSI's compensation shall be based upon REALIZED BENEFITS to the CITY plus revenue recovered during the first twelve consecutive quarters following correction. 100% of the REALIZED BENEFITS shall apply toward,. reimbursable costs and NON CONTINGENT expenses. For all funds recovered (REALIZED BENEFITS) in excess of the cost of the software, support costs and NON CONTINGENT expenses, CITY shall pay PSI a 15% Contingent Fee of REALIZED BENEFITS. In the event that software, support and expense costs are not fully recovered within the first year, REALIZED BENEFITS in subsequent years will be applied to any remaining balances. SECTION 5 CITY'S OBLIGATIONS To facilitate revenue recovery via audits and/or optimal utilization of the automated cross referencing capabilities available within the business licensing software, the CITY agrees to support PSI by providing or arranging to provide (to the best of its ability): • Letters of introduction (as mutually deemed necessary) • Venues and protocol for inviting businesses for question & answer sessions, hearings and/or appeals regarding scheduled audits. • Requests for information (as required for revenue recovery purposes) from third parties (such as the state, county, trash & utility companies, etc.) • Codes & ordinances covering each tax recovery effort authorized by the CITY. • Resources for obtaining state franchise tax (AB63) and/or state board of equalization (AB990) data. • Resources for importing and processing AB63 & AB990 data to affect revenue recovery. With regard to REALIZED BENEFITS and CONTINGENT FEES, the CITY agrees to: • With the exception of waiving penalties to facilitate timely revenue recovery, City agrees as a rule to require payments in accord with the appropriate municipal code sections and especially with regard to requiring payment of all current & prior year obligations. • Invoice responsible parties via the business licensing system for REALIZED BENEFITS resulting from PSI's software or services within 15 days of notification. • Notify PSI in writing of: o Recovery payments received within 5 days from receipt (Or allow PSI internet access to such data) so that PSI may invoice the CITY. o Decisions or communications which document CITY's benefit from REALIZED BENEFITS including, but not limited to, increased accounts receivable (including tax levy), reduction of prior, current and future accounts payable and the reduction Page 4 EXHIBIT C: REVENUE RECOVERY SOFTWARE & PROFESSIONAL SERVICES AGREEMENT of future liabilities within 5 days from the date the benefits take effect or from receipt of notification whichever is first (Or allow PSI internet access to such data). o All other relevant information and progress reports received related to the above REALIZED BENEFITS and payment. (Or allow PSI Internet access to such data) o Any proposed change in municipal law which has the potential to impact this agreement at least 60 days prior to implementation of the change. PSI will then reserve the right to either reaffirm or renegotiate the terms of this agreement. ■ Make payment to PSI: o Within 24 hours of decisions by the Finance Director to modify amounts due from audits or other findings. In such cases, CONTINGENT FEES resulting from any modified amounts shall become NON CONTINGENT. o Within 14 days from receipt of PSI's invoice for NON CONTINGENT expenses. City agrees that payment shall not be delayed even if no funds have been recovered. o Within 14 days from receipt of PSI's invoice for CONTINGENT expenses which do not exceed the aggregate revenue recovered under this agreement or any subsequent agreements. o Within 30 days from receipt of PSI's invoice for contingent RECURRING recoveries. SECTION 6 INDEPENDENT CONTACTOR. It is understood and agreed that PSI, in the performance of the work and services agreed to be performed by PSI, shall act as and be an independent contractor and not an agent or employee of CITY; and as an independent contractor, PSI shall obtain no rights to retirement benefits or other benefits which accrue to CITY employees, and PSI hereby expressly waives any claim it may have to any such rights. SECTION 7 ASSIGNABILITY. The parties agree that the expertise and experience of PSI are material considerations for this AGREEMENT. PSI shall not assign or transfer any interest in this AGREEMENT nor the performance of any of PSI's obligations hereunder, without the prior written consent of CITY, and any attempt by PSI to so assign this AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of no effect. SECTION 8 INDEMNIFICATION. PSI shall defend, indemnify and hold harmless CITY, its officers, employees and agent against any claim, loss of liability arising out of or resulting in any way from work performed under this AGREEMENT due to willful or negligent acts (active or passive) or omissions by PSI, employees or agents. The acceptance of said services and duties by CITY shall not operate as a waiver of such right of indemnification. This provision shall survive termination, completion or expiration of this AGREEMENT. Said sums shall include, in the event of legal action, court costs, expense of litigation and reasonable attorney's fees. The costs, salary and expenses of the CITY Attorney and members of his office in enforcing the AGREEMENT on behalf of the CITY shall be considered "attorneys fees" for the purposes of this paragraph. SECTION 9 INSURANCE REQUIREMENTS. PSI, at PSI's sole cost and expense, shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services hereunder by PSI, its Page 5 EXHIBIT C: REVENUE RECOVERY SOFTWARE & PROFESSIONAL. SERVICES AGREEMENT agents, representatives or employees. Said policy shall have at least a combined single limit of $1,000,000 for bodily injury and property damage. PSI shall provide CITY with a copy of certificate of such insurance upon request. SECTION 10 NONDISCRIMINATION. PSI shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed or national origin in connection with or related to the performance of this AGREEMENT. SECTION 11 TERMINATION. A. CITY and PSI shall have the right to terminate this AGREEMENT, without cause, by giving not Tess than thirty (30) days written notice of termination. B. If PSI or CITY fail to perform any of its material obligations under this AGREEMENT, in addition to all other remedies provided by law, either party may terminate this AGREEMENT immediately upon written notice. C. The Finance Director is empowered to terminate this AGREEMENT on behalf of the CITY. D. In the event of termination, PSI shall deliver to CITY copies of all reports, documents, and other work performed by PSI under this AGREEMENT, and upon receipt thereof, CITY shall pay PSI for services performed and reimbursable expenses incurred to the date of termination in accordance with the terms and conditions of Section 4 hereto. E. Because the software and services performed by PSI prior to termination may result in CITY's receipt of revenue after termination and because this receipt of revenue entitles PSI to payment from the CITY even after expiration of contract or termination, CITY agrees to provide to PSI subsequent to expiration or termination of this AGREEMENT such information as is necessary to enable PSI to calculate the compensation due to PSI as a result of this receipt of revenue by the CITY, and PSI shall maintain the confidentiality of this information as required by the AGREEMENT. In light of Revenue and Taxation Code Section 7056, PSI shall be deemed "under contract" subsequent to expiration of contract or receipt of notice of termination from the CITY for the sole and limited purpose of enabling PSI to have access to said information to calculate compensation. SECTION 12 GOVERNING LAW. CITY and PSI agree that the law governing this AGREEMENT shall be that of the State of California. SECTION 13 COMPLIANCE WITH LAWS. PSI shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 14 CONFIDENTIAL INFORMATION. All data, documents, discussions or other information developed or received by or for PSI in performance of this AGREEMENT are confidential and not to be disclosed to any person except as authorized by CITY, or as required by law. PSI agrees to be bound by all covenants contained in the attached "CERTIFICATE OF CONFIDENTIALITY". Page 6 EXHIBIT C: REVENUE RECOVERY SOFTWARE & PROFESSIONAL SERVICES AGREEMENT SECTION 15 WAIVER. PSI agrees that waiver by CITY for any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by CITY of the performance of any work or services by PSI shall not be deemed to be a waiver of any term or condition of this AGREEMENT. SECTION 16 PSI's BOOKS AND RECORDS. A. PSI shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures, and disbursements, charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to PSI pursuant to this AGREEMENT. B. PSI shall maintain all documents and records which demonstrate performance under this AGREEMENT for a minimum period of three (3) years, or for any longer period required by law, from the date of termination, completion or expiration of this AGREEMENT. C. Any records or documents required to be maintained pursuant to this AGREEMENT shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, Finance Director, or a designated representative of any of these officers. Copies of any such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at PSI's address indicated for receipt of notices in the AGREEMENT. D. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or cessation of PSI's business, CITY may, by written request by any of the corporate officers, require that copies of all written records pertaining to CITY be provided to CITY within 10 days from the date of the written request. E. Any information contained in, or derived from, States Sales and Use Tax records furnished by the State Board of Equalization of State Franchise Tax Board are and shall remain the sole property of the CITY. SECTION 17 NOTICES. All notices and other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: CITY: City of National City Finance Director 1243 National City Blvd. National City, CA 91950-4397 PSI: Progressive Solutions, Inc P.O. Box 783 Brea, CA 92822 Notices shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Page 7 EXHIBIT C: REVENUE RECOVERY SOFTWARE & PROFESSIONAL SERVICES AGREEMENT SECTION 18 PRIOR AGREEMENTS AND AMENDMENTS. This AGREEMENT, including all Exhibits attached hereto, represent the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may only be modified by a written amendment duly executed by the parties to this AGREEMENT. EXECUTED as of the day and year first above stated. CITY OF NATIONAL CITY PROGRESSIVE SOLUTIONS® By: By: ,/ 4 Title: Title: iu'.-J Date: Date: //77-7o� Page 8 CERTIFICATE OF CONFIDENTIALITY The following conditions specified in Section 7056 (b), (1) of the State of California Revenue and Taxation Code are hereby made part of this AGREEMENT entered into by and between CITY and PSI: A. PSI is authorized by this AGREEMENT to examine sales and use tax records of the State Board of Equalization provided to CITY pursuant to contract under the Bradley -Burns Uniform Sales and Use Tax Law. B. PSI is required to disclose information contained in or derived from those sales and use tax records only to an officer or employee of CITY who is authorized by resolution of the City Council to examine the information. C. PSI is prohibited from performing consulting services for any retailer doing business in CITY during the term of this AGREEMENT. D. PSI is prohibited from retaining the information contained in, or derived from, those sales and use tax records after the AGREEMENT has expired. Information obtained by examination of Board records shall be used only for purposes related to collection of local sales and use taxes or for other governmental functions of CITY as set forth by resolution adopted pursuant to Section 7056 (b) of the California Revenue and Taxation Code. The resolution shall designate PSI as a person authorized to examine sales and use tax records and shall certify that this AGREEMENT meets the requirements set forth above in Section 7056 (b) (1) of the California Revenue and Taxation Code. PSI hereby certifies that any and all information utilized in the conduct of work performed is to be utilized only for this purposes authorized by CITY and by the Bradley -Burns Uniform Local Sales and Use Tax Law. PROGRESSIVE SOLUTIONS® By: Title: President Date: 11/7/2006 Page 9 MEETING DATE 11/21/06 City of National City, California COUNCIL AGENDA STATEMENT 10 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE NATIONAL CITY FIRE DEPARTMENT AND CITY OF SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS PROGRAM FOR WELLNESS PROGRAM SERVICES. PREPARED BY Walter Amedee iJ r DEPARTMENT Fire Homeland Security Manager EXPLANATION The federal Department of Homeland Security has announced the City of National City would be awarded $46,012 or 80% in new funding for the National City Fire Department (NCFD) to join the San Diego Firefighters Regional Wellness Program (SDFFRWP) valued at $57,514. The City is required to allocate $11,502 or a 20% match to receive the funding. By joining the SDFFRWP, the NCFD Firefighters will provide detailed annual medical/fitness evaluations and related follow-up (i.e., customized fitness and injury prevention programs) for our firefighters. The SDFFRWP will allow our firefighters to become more physically able to safely carry out their work responsibilities, which in turn, will help reduce work -related injuries and costs, and make our community a safer place to live. We anticipate that the efficacy of the program, in terms of cost -savings and health benefits, will be documented in subsequent years. Staff recommends authorizing the Mayor to execute the agreement between the NCFD and the SDFFRWP for wellness program services. The FY05 Assistance to Firefighters Grant Program was a competitive grant that required agencies to complete an on-line application and narrative justifying the use of funds. Environmental Review J N/A Approved By: Financial Statement Finance Director Minor impact; FY05 Assistance to Firefighters Grant Program is a grant that requires the City to allocate $11,502 or 20% match to receive $46,012 or 80% in grant funds. The majority of the $11,502 will come from existing NCFD Medical Supplies/Services Accounts. Account No. STAFF RECOMMENDATION Staff recommends authorizing the Mayor to execute the agreement between the NCFD and the SDFFRWP for wellness program services. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Agreement 2. Resolution 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 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS PROGRAM FOR WELLNESS PROGRAM SERVICES WHEREAS, the City of National City's Fire Department seeks to enhance its existing wellness -fitness program; and WHEREAS, the City of National City's Fire Department applied and received approval for grant funds from the Federal Department of Homeland Security; and WHEREAS, the Federal Department of Homeland Security awarded $46,012 or 80% in grant funding to the City of National City to be used to join the San Diego Firefighters Regional Wellness Program; and WHEREAS, the City of National City is required to allocate $11,502 or a 20% match to receive the grant funding; and WHEREAS, the City of National City's Fire Department determined that the San Diego Firefighters Regional Wellness Program has the expertise, experience, and personnel necessary to provide wellness program services required by the City of National City's Fire Department; and WHEREAS, the City of National City and San Diego Firefighters Regional Wellness Program desire to enter into a contractual relationship which makes San Diego Firefighters Regional Wellness Program the health provider agency of the City of National City's Fire Department's Wellness Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Agreement between the City of National City and San Diego Firefighters Regional Wellness Program for wellness program services. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of November, 2006. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CITY OF SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS PROGRAM FOR WELLNESS PROGRAM SERVICES THIS AGREEMENT is made, entered into, and effective as of the latest date set forth on the signature page hereto, by and between the City of National City on behalf of the National City Fire Department (NCFD), with its principal place of business located at 140 E. 12th Street Suite A, National City, CA 91950 and the City of San Diego Firefighters Regional Wellness Program (SDFFRWP), a municipal corporation, with its principal place of business located at 6699 Alvarado Road, Suite 101, San Diego, CA 92130. RECITALS WHEREAS, the NCFD applied for and received an Assistance to Firefighters Grant from the Federal Emergency Management Agency (FEMA), in part, to participate in the San Diego Firefighters Regional Wellness Program (SDFFRWP) which is in compliance with the International Association of Fire Fighters (IAFF) and the International Association of Fire Chiefs (IAFC) Health and Wellness Initiative guidelines; and WHEREAS, the NCFD has determined that the SDH -RWP has the expertise, experience, and personnel necessary to provide wellness program services required by the NCFD and described in the IAFF/IAFC Fire Service Joint Labor Management Wellness -Fitness Initiative (IAFF, 1999, ISBN# 0-942920-36-8) (http://www.iaff.org/safe/wellness2.html). The program described in IAFF/IAFC Fire Service Joint Labor Management Wellness - Fitness Initiative (IAFF, 1999, ISBN# 0-942920-36-8) shall henceforth be described as the "Wellness Program" or "NCFD's Wellness Program"; and WHEREAS, the City of National City and SDFFRWP desire to enter into a contractual relationship which makes SDFFRWP the health provider agency of the NCFD's Wellness Program; NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Section 1. Compensation. NCFD Wellness Program 1 9/22/2006 1.1 The City of National City and SDFFRWP agree to pay and bill respectively in accordance with the rates, fees and restrictions set forth in Item 1.1, 4.1, 4.3, and 4.4 of this agreement. 1.2. SDFFRWP shall provide an invoice for services rendered during a calendar month to the NCFD by the 10th day of the next month. Services will be itemized, and presented in the following categories: 1.1.1. Clinical services 1.1.2. Consultation services 1.1.3. Lecture and workshop services Section 2. Term. 2.1. Term. The term of this Agreement shall be for a period of one (1) year from the effective date hereof. 2.2. Options to Renew. By mutual consent, this agreement may be renewed for three (3) one (1) year options, each for a period of one (1) year after the expiration of the original term, or the preceding one-year option term. Each option term shall be renewed on the same terms as this Agreement, except that the rates in section 4.1, 4.3, and 4.4 may be increased or decreased by mutual written agreement of the parties. Any rate changes shall be made at the time of exercise of the option, to take effect at the beginning of the new one year period unless otherwise agreed to in writing by the parties. 2.3. Exercise of Option to Renew. The City of National City shall give notice in writing of their intention to renew at least sixty (60) days prior to the expiration of the Agreement, or of the prior option term. If notice is provided by the NCFD to SDFFRWP, such notice shall be sent by mail addressed to: Wellness Officer San Diego Firefighters Regional Wellness Center 6699 Alvarado Road, Suite 101 San Diego, CA 92101 Section 3. NCFD Obligations. 3.1 Administration. The Chief of the NCFD or designated representative shall administer this Agreement on behalf of the NCFD and represent the NCFD in all matters pertaining to the Agreement. Section 4. Obligations. NCFD Wellness Program 2 9/22/2006 4.1. Wellness Program Services. SDFFRWP agrees to provide services rendered at the location identified in Item 4.2 below, to NCFD employees participating in the Wellness Program (hereinafter "NCFD Employees"), at the fees for service identified in Item 4.3. SDFFRWP agrees to perform and/or coordinate all services identified in the Fire Service Joint Management Wellness - Fitness Initiative. The five components are Medical, Fitness, Injury Prevention and Rehabilitation, Behavioral Health and Data Collection. SDFFRWP agrees to provide the following services and/or collection of information: a. Prior to Medical Evaluation SDFFRWP agrees to provide all the necessary forms, reports, and documentation for the requested information listed below: Introductory letter describing the Firefighter Initiative Health history/Lifestyle questionnaire Health risk assessment Exercise risk assessment Participant information HIPAA information and acknowledgment Nutrition and diet analysis Arbitration agreement Explanation of testing procedures Instructions for participation Laboratory requisition (participant will have labs drawn at Least one week prior to evaluation) Respiratory fit clearance form Request for immunization records Directions to facilities SDFFRWP will coordinate and provide staff to have blood drawn for lab analysis at designated fire stations at least one week prior to the participants' Wellness evaluation. The cost of this mobile service is included in the package price for the Medical Fitness Evaluations listed in section 4.3. b. Medical Evaluation Each participant will receive the following evaluations and follow up at the SDFFRWP Wellness Center: Vitals: height, weight, blood pressure, pulse, temperature and respirations Complete hands-on physical examination by a Physician or Physicians Assistant (PA). Blood profile including a CBC, chemistry panel and lipid panel. HS CRP screening (cardiovascular risk factor) is optional and at an additional cost in accordance with the fee schedule. Chest x-ray Pulmonary Function Test, including lung volume and flow rate NCFD Wellness Program 3 9/22/2006 12 lead EKG Lifestyle Questionnaire including 3-day diet analysis Hearing and Vision screening Cancer screening as appropriate at an additional cost, including PSA, pap smear, mammogram, CA-125. DOT/DMV physical form c. Fitness Evaluation Maximal/Sub-Maximal (age determined) Exercise Test monitored by a 12 lead EKG Body Composition Abdominal Endurance Crunch Test Push-up Evaluation of Upper Body Strength and Endurance Grip Strength utilizing a hand dynamometer Leg Strength using the Jackson Strength Evaluation System Arm Strength using the Jackson Strength Evaluation System Flexibility evaluation utilizing the Novel Acuflex I or equivalent trunk flexibility tester In addition to the requested evaluations, assessment of low back muscular endurance at initial fitness evaluation using the Biering-Sorensen Test will be performed at no additional cost d. Schedule for Medical and Fitness Evaluations For each individual participating in the program: 45-60 minutes with Physician: physical exam, review labs and other test results 45-60 minutes with Exercise Physiologist: treadmill test 45 minutes with Athletic Trainer: strength, flexibility, body composition 45 minutes with Medical Assistant: vitals, vision, blood draw, hearing, pulmonary function, chest x-ray, review history and immunizations e. Follow-up Consultation with Physician at time of initial appointment. Follow-up on findings from annual examinations will be reviewed by the physician at time of evaluation. Abnormal findings on the annual physical will be addressed with specific recommendations to control or remedy the abnormality, and with recommendations for follow up or referral. Referrals will be made as appropriate for non -service connected issues, using the participants Primary Care Provider. Clearance will be given by the Physician following a recommended consult with an outside physician or after extended leave to determine return to work status. NCFD Wellness Program 4 9/22/2006 f. Personalized feedback from Exercise Physiologist and Athletic Trainer/Peer Fitness Trainer: g• Individual's level of fitness Level of improvement since past assessments Realistic evaluation of the individual's physical capacity to safely perform assigned jobs Suggested exercise program Comprehensive wellness/fitness program recommendations Firefighter Physical Performance Standard Score Physical Fitness Age Assessment Orthopedic/Musculoskeletal Rehabilitation if needed. Personalized written Health and Wellness Report Each firefighter will receive an individual packet two to four weeks following the medical and fitness evaluation that outlines his/her results. The Physician will review all parameters of the exam and provide a report detailing the findings of the medical and fitness exam. The report will outline recommendations for each individual to improve and maintain fitness, as well as recommend treatment or follow up for any medical condition. Educational material regarding various health topics will be included in the packet. h. Reporting and Recommendations SDI-N'RWP agrees to incorporate the current criteria used in Respiratory Fitness Clearance and Department of Motor Vehicles medical evaluations with regard to findings and risks. It is not the intention of the Wellness Program to re -define the existing fitness -for -duty criteria. Strict confidentiality and maintenance of records will be adhered to throughout any reporting and/or referral procedures. Healthy and fit: Participants will be given recommendations to maintain and improve fitness and health. Borderline result(s) demonstrating risk: Participant with borderline result(s) on any medical or fitness parameter will be given specific recommendations for follow up or intervention and there will be voluntary consultation with Peer Fitness Program. Significantly abnormal findings: Participant with abnormal findings will be given recommendations for follow up or intervention. This individual will receive consultation with Athletic Trainer and/or Exercise Physiologist and encouraged to enroll in Peer Fitness Program. Referral and specialized services will be offered through sub -contracted arrangements and/or the participant's personal physician. NCFD Wellness Program 5 9/22/2006 High risk with Abnormal results of medical or fitness evaluation placing firefighter, co-workers or public at risk: Physician will outline risks to participant. Participant will be taken off duty or given recommendation for alternative duty. Participant will receive individual counseling from Physician and appropriate referrals and recommendations will be made to reduce health risk. The same criteria used for Respiratory Fitness and DMV medical exams will be used for determination of being fit for duty. Participants must be cleared by Physician after completing appropriate recommendations prior to returning to full duty. Specialist Follow-up A team of Specialist Physicians has been organized to provide follow-up consultation as needed. The team includes Board Certified Physicians in Critical Care, Pulmonology, Infectious Diseases, Orthopaedics and Cardiology. All consultation and/or treatment services offered through these specialized programs will be at the request of the participant and approved by the Provider Physician, the Wellness Officer, and the NCFD. SDFF-RWP agrees to make all contractual arrangements for these services and will invoice the NCFD on behalf of these contractors. These specialized services are not intended to replace the participant's personal physicians. Hazardous Materials Technician Physical Some of the firefighters in the NCFD may be designated as Hazardous Materials Technicians. Their special requirements for a physical will include the following: * All of the components and procedures of the Respiratory Fit Evaluation * Blood testing consisting of CBC, chemistry panel and heavy metals (arsenic, mercury and lead) and archiving of the results * Any additional blood testing required for specific or known exposure * EKG * Treadmill k. SCUBA Team Physical Some of the employees in the NCFD may be designated to perform duties underwater while wearing SCUBA gear. In anticipation of this, the SDFFRWP is prepared to be able to perform SCUBA physicals: * All of the components and procedures of the Respiratory Fit Evaluation * EKG * Chest x-ray * Blood testing consisting of CBC and chemistry panel * Additional services as required NCFD Wellness Program 6 9/22/2006 1. Immunizations SDFFRWP agrees to offer NCFD employees on -duty influenza immunization and PPD (Tuberculosis) testing at strategic locations throughout the NCFD, as identified by the NCFD and agreed upon with the Wellness Officer, and charged according to the fee schedule. These services are mobilized and can accommodate 30 participants at one time. Each participant will complete a consent form describing risk and benefits of vaccines and PPD placement. Each participant will receive the immunization and/or PPD. A licensed individual will be present to administer or supervise administration of the immunization or PPD. The PPD will be read within 48 to 72 hours by a licensed individual. Scheduling will be determined by the NCFD and agreed upon with the Wellness Officer. m. Other Immunizations All immunization records and history of immunizations will be kept in patients chart. Review of immunizations will be made at the time of Wellness physical or respiratory fit exam. Necessary immunizations including Hepatitis B will be given at that time and charged according to the fee schedule in 4.3. Additional immunizations as part of a series will be administered on an individual basis at the Wellness Center, scheduled by the Wellness Officer. 4.2. SDFFRWP Wellness Program Facilities. 4.2.1. Wellness Program Locations. SDFFRWP agrees to provide Wellness Program services to NCFD Employees at the following locations: WELLNESS CENTER (Main Location) (Co -located with San Diego Sports Medicine and Family Health Center) 6699 Alvarado Road, Suite 101 San Diego, CA 92120 Additionally, SDFFRWP in association with San Diego Sports Medicine and Family Health Center have offered access to all of the following locations for future expansion of the Wellness Program and utilization for the Peer Fitness Training program: San Diego Sports Medicine and Family Health Center 3880 Valley Center Drive, #210 San Diego, CA 92130 NCFD Wellness Program 7 9/22/2006 4.2.2. Early Disillusion or Termination of the Program. Upon termination of this Agreement between the City of National City and SDFFRWP, or termination of the Wellness Program, any and all pre- payments for services will be reimbursed to the City of National City. The City of National City shall provide at least sixty (60) days notice of intent to terminate this agreement. Provided however, that in the event the contract is terminated as a result of a material breach of contract on the part of SDFFRWP, then the City of National City will be entitled to reimbursement in full of any pro rata share of any pre -payment for services. 4.2.3. Staffing and Hours of Operation. SDF''r'RWP shall maintain a medical facility staffed by licensed physicians and technicians during business hours. In agreement with the City of National City, SDFFRWP shall commit to the days and hours of operation to comply with the goals of the Wellness Program, the Wellness Initiative and the FEMA grant. 4.2.4. Priority Appointments. SD1-FRWP shall maintain a licensed physician available to examine and treat NCFD Employees that have arrived for their appointment. 4.2.5. Medical Specialists. SDF1~'RWP shall have "on call" medical specialists to examine patients either at the facilities listed above or at the specialist's office, for medical emergencies and follow-up care. 4.2.6. Medical Consultants. SDFFRWP shall maintain a list of medical specialty consultants for referral to NCFD Employees. 4.2.7. Other Medical Services. SDFFRWP shall provide radiological facilities on -site at the Wellness Center to facilitate comprehensive examinations. 4.2.8. Weekend and Evenings. The Wellness Center will not operate on weekends or evenings. 4.2.9. Cancelled/Delayed appointments. The NCFD is engaged in "All - Risk" emergency services, 24-hours a day. Due to unforeseen emergencies (fires, major incidents, disasters, etc.), it may be possible that an emergency crew and/or support personnel are otherwise engaged in emergency operations and unable to keep their appointment at the Wellness Center. All efforts will be made to provide personnel that are ready for their Wellness Center evaluation. It is NCFD's intent to present their employee(s) to the provider for services described herein during the days of operation. Pursuant to section 4.1 (d) the terms of this section may be changed after the first year based on the needs of NCFD. The days of NCFD Wellness Program 8 9/22/2006 operation and the number of personnel to receive the services will be determined based on an annual schedule and the need of NCFD and will be in consultation with the Wellness Officer. 4.2.10. Vacancy Fee. Despite the best efforts of the NCFD and/or appointed personnel assisting in scheduling Wellness activities, there may be occurrence that scheduled NCFD employees are NOT present for evaluation. The City of National City will pay a vacancy fee of $100 for any occurrence after two occurrences in any calendar month applicable only to days of operation. This section may be changed after the first year pursuant to section 4.1 (d) of this agreement. 4.3. Pricing of Services. The following prices have been established at the initiation of this agreement, and as referred in items 4.1, 4.5, and 4.7: CLINICAL SERVICES COST Medical Fitness Evaluation $1050.00 per participant Equipment maintenance fee $105.00 per participant Administrative fee $52.50 per participant Respiratory Fit Exam only $120.00 per participant Hazardous Materials Technician Physical (Additional fee for Wellness Participant) $370.00 per participant Hazardous Materials Technician Physical (Inclusive fee for NON -Participant) $490.00 per participant SCUBA Physical (Additional fee for Wellness Participant) $150.00 per participant SCUBA Physical (Inclusive fee for NON -Participant) $270.00 per participant Influenza Vaccinations * $10.00 per participant PPD testing * $18.00 per participant CONSULTATION SERVICES COST Physician Consultation Physical Therapy Consultation $300.00 per hour $100.00 per hour LECTURE & WORKSHOP SERVICES COST Back Workshop Nutritional and health related lectures NCFD Wellness Program 9 $ 600.00 per lecture $200.00 per lecture to $500.00 per lecture 9/22/2006 * Fees for Influenza Vaccinations and PPD testing may be adjusted during the term of this agreement based on changes in current market price and availability of the vaccines. The adjusted fee will be determined by the average price of the vaccine or PPD through other local providers, plus 10% for administration. Authorization of the adjusted price and/or the decision to provide these services rests with the NCFD. 4.3.1. Pre -Paid Fees for Services. Any pre -paid fees for service will be reimbursed back to the City of National City upon disillusion of this agreement. 4.4. Safety/Preventive Services. 4.4.1. SDF1~RWP agrees to make available consulting/training in the area of safety/prevention services at the following rates: a. Physician time billed at $300 an hour. b. Non -physician time billed at $100 an hour. 4.5. Prescriptions. It is not the intention of this Agreement or the City of National City that medications shall be dispensed during the scope of the Wellness Program. If the consulting physician identifies a need to prescribe a medication, he/she can provide a prescription at no additional cost, or make a referral to the employee's own physician. The City of National City shall not reimburse either the employee or SD1.1,RWP for prescription or non-prescription medications. 4.6. Vision and Audiometric Examinations. SDFFRWP agrees to provide vision and audiometric examinations to NCFD Employees as referenced by guidelines published by the California Department of Motor Vehicles (DMV). 4.7. Respiratory Examinations. SDFFRWP agrees to provide respiratory examinations to NCFD Employees as referenced by guidelines published by the Occupational Safety and Health Administration (OSHA). 4.8. Performance Standards. It is the intent of SDFFRWP and the City of National City to provide quality medical care and other Wellness services for NCFD Employees. To maintain and improve the quality, access, availability, and cost-effectiveness of the services provided under this Agreement, SDFFRWP and the City of National City each agree to use their best efforts to develop means and standards for measuring the performance of SDFFRWP under the Agreement, including, but not limited to the following: 4.8.1. Measurement of Key Performance Indicators, including time lost from injury, vital signs, body mass index (BMI), cholesterol levels, and subjective surveys of participant's satisfaction. NCF7) Wellness Program 10 9/22/2006 4.8.2. Comparison of these indicators with other fire departments as available through the International Association of Fire Fighters (IAFF) Wellness Initiative database. 4.8.3. Comparison of these indicators with other fire departments as available through the San Diego County Fire Chief's Association (to be determined). 4.8.4. Other factors to be established by SDFFRWP and the City of National City. 4.8.5. SDF'F'RWP shall establish a complaint review process to identify and monitor complaints made by NCFD Employees, and review and discuss complaints with the NCFD based on confidentiality and other legal constraints. 4.8.6. SDFFRWP agrees to conduct or cause to be conducted a patient satisfaction survey. SDI,FRWP shall continue to consult with the City of National City regarding the substance, procedure and results of each survey. 4.8.7. In addition to the requirements of California law for licensing of professional medical staff, SDFFRWP shall, at least every two years, review the credentials and qualifications of its medical staff, pursuant to procedures established by SDFFRWP. The Credential Review shall include review of patient complaints, satisfaction surveys, site visits, results of quality reviews, utilization management, and peer reviews. 4.9. City of National City's Reservation of Rights. The City of National City reserves the right to review and approve all logos, promotional materials, promotional campaigns, and any and all other materials that represent SDFFRWP's efforts to publicize and/or promote the Wellness Program on behalf of the NCFD. 4.10. SDFFRWP Representative. SDFFRWP shall designate that the Wellness Officer of SDFFRWP will represent SDFFRWP in all matters pertaining to this Agreement. Section 5. Administrative Services 5.1. Periodic Meetings. Subject to any state and federal privacy laws, SDFFRWP agrees to meet with the NCFD's staff as scheduled to confidentially discuss program issues, utilization of medical specialties, utilization of physical therapy, trends and any topic of interest pertaining to the Wellness Program and SDFFRWP. NCFD Wellness Program 11 9/22/2006 5.2. Work -Related Injuries: Initial Medical Reporting. While it is not the intent of the Wellness Program to diagnose or otherwise treat any suspected work - related injuries, in the course of a Wellness/Fitness evaluation a suspected work - related injury or illness may be discovered. SDFFRWP shall refer all NCFD employees, with a suspected work -related injury or illness, to the NCFD for coordination of medical care, unless a life threatening medical emergency exists that requires medical treatment. SDHFRWP will direct the employee to follow all NCFD procedures for reporting a work related injury or illness. Following any emergency medical treatment, SDFFRWP shall report the treatment to the NCFD for the purposes of follow-up medical treatment. In the case of emergency medical treatment, SDFFRWP shall provide the NCFD with a Doctors First Report of Work Injury or Illness (form 5020) within two days of initial treatment and all billing. SDI,FRWP is not authorized to determine causation of any suspected work related injury or illness. 5.3. Work -Related Injuries: Medical Reports and Billings. SDFFRWP shall use those reports, billings and associated forms in a format approved by the NCFD for any and all work related injuries reported. 5.4. Maintenance of Medical Reports. SDFFRWP shall accurately maintain, store and retrieve employee medical files during the period of this Agreement in accordance with all applicable laws and regulations. 5.5. Confidentiality. SDFFRWP shall ensure security of the medical records for all Wellness Program participants and shall ensure compliance with all State and Federal Privacy Laws. At no time shall SD1.1-RWP or San Diego Sports Medicine release confidential medical records to the City of National City without written authorization from the employee. 5.6. Testimony. SDFFRWP shall, upon reasonable notice, submit to depositions and testify at court if requested by the City of National City. 5.7. Return -to -Work Consulting. SDFFRWP shall provide consulting services by working with NCFD staff on returning injured NCFD employees, when appropriate, to modified duty. 5.8. Special Treatment Consulting. SDFFRWP shall provide recommendations to Wellness Participants regarding surgical options, special medical treatments, or other special medical procedures identified during the Wellness exam as requiring such treatment or services. 5.9. Authorization for Patient Referral. SDFFRWP shall insure that the employee is instructed that any referral made to a specialist or hospital will NOT be reimbursed by the Wellness Program unless authorized by both the Medical Director and the Wellness Officer. NCFD Wellness Program 12 9/22/2006 Section 6. Indemnification and Hold Harmless. 6.1. The City of San Diego (City) agrees to defend, indemnify, protect and hold the City of National City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to NCFD's employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City and SDF'FRWP and its employees in performing the work or services or supplying the materials or equipment under this Agreement, and all expenses, of investigating and defending against same; provided, however, that City's duty to defend, indemnify and hold harmless shall not include any claims or liability arising from the sole negligence or sole willful misconduct of the City of National City, its agents, officers or employees. This shall not prejudice the right of the City of National City to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of the City of National City. If the City of National City chooses, at its own election, to obtain independent legal counsel in defense of any claim against the City of National City, related to the performance of City and SDFFRWP under this Agreement, then City agrees to pay the reasonable value of attorney's fees and costs for such independent legal counsel, however, City shall not be obligated to pay attorney's fees at an hourly rate greater than the hourly rate charged by its defense attorneys in the same matter. City's obligations under this section shall be reduced dollar for dollar by any amounts the City of National City is awarded in such action for attorney's fees and costs. 6.2. The City of National City agrees to defend, indemnify, protect and hold City and it's employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to City employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the sole negligence or sole willful misconduct of the City of National City and its officers or employees in performing the work or services or supplying the materials or equipment under this Agreement, and all expenses, of investigating and defending against same; provided, however, that the City of National City's duty to defend, indemnify and hold harmless shall not include any claims or liability arising from the sole negligence or sole willful misconduct of City or SDFFRWP, or its employees. This shall not prejudice the right of City to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of City. If City chooses, at its own election, to obtain independent legal counsel in defense of any claim against the City of National City, related to the performance of the City of National City under this Agreement, then the City of National City agrees to pay the reasonable value of attorney's fees and costs for such independent legal counsel, however, the City of National City shall not be obligated to pay attorney's fees at an hourly rate greater than the hourly rate charged by its defense attorneys in the same matter. The City of National City's obligations under this NCFD Wellness Program 13 9/22/2006 section shall be reduced dollar for dollar by any amounts City or SDFFRWP is awarded in such action for attorney's fees and costs Section 7. Termination. Unless terminated sooner in accordance with its terms, this Agreement shall terminate as set forth in Item 2. This Agreement may be terminated for any reason by either party giving sixty (60) days written notice to the other party's designated representative, provided that the Indemnification and Duty to Defend provisions in Item 6 shall survive such termination, for a period of one year. Notice under this provision shall be communicated in writing in person or by certified mail, return receipt requested as follows: If to SDF'FRWP: Wellness Officer 6699 Alvarado Road, Suite 101 San Diego, CA 92120 If to the City of National City: Fire Chief National City Fire Department 140 E. 12th Street Suite A National City, CA 91950 Notice will be deemed to be provided upon the earlier of actual receipt (or refusal to accept receipt) or the fifth business day after deposit in the mail as required in this Agreement. Section 8. Lack of Sufficient Funds. This Agreement shall be terminated immediately if the City of National City does not annually appropriate sufficient funds to the Wellness Program. Section 9. Equal Opportunity. SD11-RWP shall comply with the City of National City's Equal Opportunity Program. Section 10. Drug -Free Workplace. Upon execution of this Agreement and all subsequent extensions, SDFFRWP agrees to comply with any requirements set forth in City of National City policy regarding drug -free workplace. Section 11. Americans with Disabilities Act Statement. NCFD Wellness Program 14 9/22/2006 SDFFRWP shall be responsible for complying with the 1990 Americans with Disabilities Act (ADA). (For specific services and public accommodations, SDFFRWP may contact the Office of the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, P.O. Box 66118, Washington, D.C. 20035-6118; phone number (202) 514-0301.) Section 12. Confidentiality and Internal Use 12.1. City of National City and SDFFRWP agree that all services and work product under this Agreement shall be solely for the informational purposes and internal use of both parties. Parties further agree that such information, services and work product shall not be used by, or circulated, quoted, disclosed, or distributed to, nor shall reference to such services or work product be made to, any person or entity other than the City of National City and SDFFRWP and its staffs except (a) as may be required by law, regulation, judicial or administrative process, or in accordance with applicable professional standards, or in connection with litigation pertaining hereto or (b) to the extent such information shall have otherwise become publicly available. 12.2. To the extent that, in connection with this Agreement, SDFFRWP comes into possession of any proprietary or confidential information of the City of National City, SDFFRWP shall not disclose such information to any third party without the City of National City's consent, except (a) as may be required by law, regulation, judicial or administrative process, or in accordance with applicable professional standards, or in connection with litigation pertaining thereto, or (b) to the extent such information shall have otherwise become publicly available (including, without limitation, any information filed with any governmental agency and available to the public) other than as the result of a disclosure by SDFFRWP in breach hereof, (c ) becomes available to SDFFRWP on a non -confidential basis from a source other than the City of National City which SDFFRWP does not believe is prohibited from disclosing such information to SDFFRWP by obligation to the City of National City, (d) is known by SDFFRWP prior to its receipt from the City of National City without any obligation of confidentiality with respect thereto, or (e) is developed by SDFFRWP independently of any disclosures made by the City of National City to SDFFRWP of such information. Section 14. Integration. This Agreement, and all rights and obligations created by this Agreement, shall be in full force and effect whether or not any parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party's successor in interest. Section 15. Non -Assignment. NCFD Wellness Program 15 9/22/2006 SDFFRWP shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City of National City's prior written approval, which approval shall not be held unreasonably. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City of National City. In no event shall any putative assignment create a contractual relationship between the City of National City and any putative assignee. Section 16. Compliance with Controlling Law. SDFFRWP shall comply with all laws, ordinance, regulations, and policies of the federal, state, and local governments applicable to this Agreement. In addition, SDFFRWP shall comply within a reasonable time after receiving written notice by NCFD with all directives issued by the NCFD or its authorized representatives under authority of any laws, statutes, ordinance, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Section 17. Jurisdiction and Venue. The venue for any suit or proceeding concerning the Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. Section 18. No Waiver. No failure of either the City of National City or SDI~'I'RWP to insist upon the strict performance by the other of any covenant, term or condition of the Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of the Agreement, shall constitute a waiver of any such breach or of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. Section 19. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. Section 20. Drafting Ambiguities. The Parties agree that they are aware they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in NCFD Wellness Program 16 9/22/2006 favor of or against either Party by reason of the extent to which each Party participated in the drafting of this Agreement. Section 21 . Signatures —Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement shall not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. IN WITNESS WHEREOF, this Agreement is executed by the City of National City, acting by and through its Mayor and by SDFFRWP, acting by and through its Wellness Officer. CITY OF NATIONAL CITY Dated: By Nick Inzunza Mayor CITY OF SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS PROGRAM Dated: By Tracy Jarman Fire Chief I HEREBY APPROVE the form and legality of this agreement between the City of San Diego Firefighters Regional Wellness Program and National City Fire Department for Wellness Program Services. MICHAEL J. AGUIRRE, CITY ATTORNEY Dated: By Joseph Sanchez Deputy City Attorney NCFI) Wellness Program 17 9/22/2006 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 11/21/06 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $11,502 AS A 20% MATCH FROM THE FY05 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR THE NATIONAL CITY FIRE DEPARTMENT TO JOIN THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS PROGRAM. PREPARED BY Walter Amedee OP" DEPARTMENT Fire Homeland Security Manager EXPLANATION The federal Department of Homeland Security has announced the City of National City would be awarded $46,012 or 80% in new funding for the National City Fire Department (NCFD) to join the San Diego Firefighters Regional Wellness Program (SDFFRWP) valued at $57,514. The City is required to allocate $11,502 or a 20% match to receive the funding. This is a one year pilot program that will be coordinated with the Risk Manager's Office. By joining the SDFFRWP, the NCFD Firefighters will provide detailed annual medical/fitness evaluations and related follow-up (i.e., customized fitness and injury prevention programs) for our firefighters. The SDFFRWP will allow our firefighters to become more physically able to safely carry out their work responsibilities, which in turn, will help reduce work - related injuries and costs, and make our community a safer place to live. We anticipate that the efficacy of the program, in terms of cost -savings and health benefits, will be documented in subsequent years. Staff recommends the utilization of $11,502 of City funds for the NCFD to join the SDFFRWP. The FY05 Assistance to Firefighters Grant Program was a competitive grant that required agencies to complete an on- line application and narrative justifying the use of funds. Environmental Review N/A Financial Statement Approved By: Minor impact; FY05 Assistance to Firefighters Grant Program is a Finance Director � gr grant that requires the City to allocate $11,502 or 20% match to receive $46,012 or 80% in grant funds. The majority of the $11,502 will come from existing NCFD Medical Supplies/Services Accounts. Account No. STAFF RECOMMENDATION Staff recommends the utilization of $11,502 of City funds from the FY05 Assistance to Firefighters Grant Program for the NCFD to join the SDFRWP. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Grant Agreement Articles 2. Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $11,502 AS A 20% MATCH FROM THE FY05 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR THE NATIONAL CITY FIRE DEPARTMENT TO JOIN THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS PROGRAM WHEREAS, the City of National City's Fire Department seeks to enhance its existing wellness -fitness program; and WHEREAS, the City of National City's Fire Department applied and received approval for grant funds from the Federal Department of Homeland Security; and WHEREAS, the Federal Department of Homeland Security awarded $46,012 or 80% in grant funding to the City of National City to be used to join the San Diego Firefighters Regional Wellness Program; and WHEREAS, the City of National City is required to allocate $11,502 or a 20% match to receive the grant funding. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the utilization of $11,502 of City funds as a 20% match from the FY05 Assistance to Firefighters Grant Program for the National City Fire Department to join the San Diego Firefighters Regional Wellness Program. PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Panel Review Page 1 of 1 Office of Grants and Training Preparedness Directorate U.S. Department of Homeland Security Washington. D.C. 20531 Homeland Security Mr. Walter Amedee City of National City 140 East 12th Street, Suite A National City, California 91950-4301 Re: Grant No.EMW-2005-FG-05349 Dear Mr. Amedee: On behalf of the Office of Grants and Training, I am pleased to inform you that your grant application submitted under the FY 2005 Assistance to Firefighters Grant has been approved. Along with the U.S. Fire Administration and the Federal Emergency Management Agency, we carry out the federal responsibilities of administering your grant. The approved project costs total to $57,514.00. The Federal share is $46,012.00 of the approved amount and your share of the costs is $11,502.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant funds awarded to you. The first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please go on-line to the AFG eGrants system at www.firegrantsupport.com and if you have not done so, complete and submit your SF 1199A, Direct Deposit Sign-up Form. Please forward the original, completed SF 1199A, Direct Deposit Sign-up Form, signed by your organization and the banking institution to the address below: Department of Homeland Security Emergency Preparedness and Response Directorate (FEMA) Grants Management Branch 500 C Street, SW, Room 334 Washington, DC 20472 Attn: Assistance to Firefighters Grant Program After your SF 1199A is reviewed and you receive an email indicating the form is approved, you will be able to request payments online. Remember, you should basically request funds when you have an immediate cash need (i.e. you have a bill in -hand that is due within 30 days). If you have any questions or concerns regarding the process to request your grant funds, please call 1-877-510-6762. Sincerely, Tracy A. Henke Assistant Secretary Office of Grants and Training https://portal.fema.gov/firegrant/j sp/fire_admin/awards/spec/vi ew_award_package. do?agree... 10/ 10/2006 r-anei . evzew rage 1 of 4 U.S. Department of Homeland Security Washington, D.C. 20531 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety program GRANTEE: City of National City PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2005-FG-05349 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Project Description Article II Grantee Concurrence Article III Period of Performance Article IV Amount Awarded Article V Requests for Advances or Reimbursements Article VI Budget Changes Article VII Financial Reporting Article VIII Performance Reports Article IX DHS Officials Article X Other Terms and Conditions Article XI General Provisions Article XII Audit Requirements Article I - Project Description The grantee shall perform the work described in the approved grant application's Program Narrative. That narrative is rode a part of these grant agreement articles by reference. The purpose of the Assistance to Firefighters Prcgram is to protect the health and safety of the public and firefighting personnel against fire and fire -related ha2:ards. After careful consideration, DHS has determined that the grantee's project, as detailed in submitted project narrative and budget information, submitted as part of the grantee's application (and considered part of this agreement by reference), was consistent with the program's purpose and worthy of award. As such, any material deviation from the approved program narrative must have prior written approval. Article II - Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. AM documents submitted as part of the application are made a part of this agreement by reference. https://portalfema. gov/fi regrant/j sp/fire_admin/awards/spec/view_award_package. do?agree... 10/1 0/2006 RIPPIIIMPOR Panel Review Page 2 of 4 Article HI - Period of Performance The period of performance shall be from 04-AUG-06 to 03-AUG-07. The grant funds are available to the grantee for obligation only during the period of performance of the grant award. The grantee is not authorized to incur new obligations after the expiration date unless the grantee has requested, and DHS has approved, a new expiration date. The grantee has 90 days after period of performance to incur costs associated with closeout or to pay for obligations incurred during period of performance. Award expenditures are for the purposes detailed in the approved grant application only. The grantee cannot transfer funds or assets purchased with grant funds to other agencies or departments without prior written approval from DHS. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for object classes for this grant (including Federal share plus grantee match): Personnel $8,006.00 Fringe Benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $49,508.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $57,514.00 Article V - Requests for Advances or Reimbursements Grant payments under the Assistance to Firefighters Grant Program are made on an advance or reimbursable basis for immediate cash needs. When the grantee needs grant funds and has obtained a user account, the grantee fills out the on-line Request for Advance or Reimbursement. If the grantee has not obtained a user account, an account may be obtained by calling the help desk at 1-866-274-0960. Article VI - Budget Changes Generally, changes in the budget -line items are permitted, as long as the original program narrative is accomplished. The only exception to this provision is for grants where the Federal share is in excess of $100,000.00. In grants where the Federal share exceeds $100,000.00, the budgeted line items can be changed, but if the cumulative changes exceed ten (10) percent of the total budget, Changes must be pre -approved. Article VII - Financial Reporting The Request for Advance or Reimbursement mentioned above, will also be used for interim financial reporting purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the grantee must complete, on-line, a final financial report that is required to close out the grant. The Financial Status Report, is due within 90 days after the end of the performance period. Article VIII - Performance Reports The grantee must submit a semi-annual and a final performance report to DHS. The final performance report should provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived there from. The semi-annual report is due six months after the award date. https://portal. fema.gov/firegrant/j sp/fire_admin/awards/spec/view_award_package. do?agree... 10/10/2006 rant Keview ?age Article IX - DHS Officials Program Officer: Tom Harrington, Deputy Chief of the Grants Program Office, is the Program Officer for this grant program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: Christine Torres, is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Branch POC: Latoya Larker is the point of contact for this grant award and shall be contacted for all financial and administrative grant business matters. If you have any questions regarding your grant please call 703-605-0736. Article X - Other Terms and Conditions Pre -award costs directly applicable to the awarded grant are allowable if approved in writing by the DHS Program Office. Article XI - General Provisions The following are hereby incorporated into this agreement by reference: 44 CFR, Emergency Management and Assistance Part 7 Nondiscrimination in Federally -Assisted Programs Part 13 Uniform administrative requirements for grants and cooperative agreements to state and local governments Government -wide Debarment and Suspension (Non -procurement) Part 17 and Government -wide Requirements for Drug -free Workplace (Grants) Part 18 New Restrictions on Lobbying 31 CFR 205.6 Funding Techniques OMB Circular A-21 Cost Principles for Educational Institutions OMB Circular A-87 Cost Principles for State/local Governments, Indian tribes OMB Circular A-122 Cost Principles for Non -Profit Organizations OMB Circular A- Uniform Administrative Requirements for Grants and Agreements With State and Local 102 Governments Assistance to Firefighters Grant Application and Assurances contained therein. Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant Application and Assurances contained therein. OMB Circular A- 110 Article XII- Audit Requirements All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. The main requirement of this OMB Circular is that grantees that expend $500,000.00 or more in Federal funds (from all Federal sources) must have a single audit performed in accordance with the circular. As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting documentation for three years upon the official closeout of your grant. You must also agree to make your grant: files, https://portal.fema.gov/firegrant/jsp/fire_admin/awards/spec/view award_package.do?agree... 10/10/2,006 Panel Review Page 4 of 4 books, and records available for an audit by DHS, the General Accounting Office (GAO), or their duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance with any requirement of the grant program. Additional Requirements if applicable https://portal.fema.gov/firegrant/j sp/fi re_admin/awards/spec/vi ew_award_package.do?agree... 10/10/2006 r aiici ncvicw la. AGREEMENT NO. EMW-2005-FG-05349 6. RECIPIENT NAME AND ADDRESS City of National City 140 East 12th Street, Suite A National City California, 91950-4301 9. NAME OF RECIPIENT PROJECT OFFICER Walter Amedee 11. EFFECTIVE DATE OF THIS ACTION 04-AUG-06 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 2. AMENDMENT 3. RECIPIENT NO. NO. 95-6000749 0 7. ISSUING OFFICE AND ADDRESS OOP/Financial and Grants Management Division 500 C Street, S.W., Room 350 Washington DC, 20472 POC: Latoya Larker 703-605-0736 PHONE NO. 6193364550 12. METHOD OF PAYMENT SF-270 4. TYPE OF ACTION W397594N AWARD 8. PAYMENT OFFICE AND ADDRESS ODP/Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 10. NAME OF PROJECT COORDINATOR Tom Harrington 13. ASSISTANCE ARRANGEMENT Cost Sharing 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM NAME CFDA NO. ACCOUNTING DATA ACRONYM (AACS CODE) XXXX-XXX-XXXXXX-XXXXX- XXXX-XXXX-X AFG 97.044 2006-62-0501 RE-63000000- 4101-R PRIOR TOTAL AWARD AMOUNT AWARDED THIS ACTION + OR (-) 5. CONTROL NO. PHONE NO. 1-866-274-0960 14. PERFORMANCE PERIOD From:04-AUG- To:03-AUG-07 06 Budget Period From:01-OCT- To:30-SEP•06 05 CURRENT CUMULATIVE TOTAL AWARD NON- FEDERAL COMMITMENT $0.00 $46,012.00 $46,012.00 $11,502.00 TOTALS $0.00 $46,012.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. $46,012.00 $11,502.00 N/A 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE N/A N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE 21-JUL-06 Arlyce Powell https://portal.fema. gov/firegrant/j sp/fire_admin/awards/spec/view_award_package. do?agree, .. 10/10/2006 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 11/21/06 AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE REVERSE 911 SYS IBM FOR THE NATIONAL CITY POLICE DEPARTMENT WITH GRANT FUNDING OF $37,173.75 PROVIDED BY T COUNTY OF SAN DIEGO OFFICE OF EMERGENCY SERVICES. PREPARED BY Walter Amedee UP" DEPARTMENT Police Homeland Security Manager EXPLANATION The County of San Diego's Office of Emergency Services has authorized grant funding of $37,173.75 to purchase the Reverse 911 System for the NCPD. The City's FY05 Urban Area Security Initiative grant provided the funding for the $5,900 server from Sigma Communications, LLC for the Reverse 911 system. Reverse 911 enables emergency dispatchers to call residents and alert them to emergency actions which may need to be taken. Reverse 911 combines GIS mapping technologies with 9-1-1 calling data in an easy -to -use interface. SBC California will provide monthly database of resident/business telephone numbers. The Office of Emergency Services authorized the grant funding to provide Reverse 911 to all remaining cities that did not have a mass notification system. The final contracts were put in place in September. As a result, all areas within the San Diego Operational Area are now licensed with a mass notification system to call residents during disasters. While this is a major step forward, the Office of Emergency Services recognizes that the communications industry is changing rapidly. Accordingly, the Office of Emergency Services will begin a process that will eventually allow the County to obtain the next generation of mass notification systems, which will include cell phone, text messaging, PDA, and e-mail notifications. Environmental Review J N/A Financial Statement Approved By: Minor impact; a maintenance fee to Sigma Communications, LLC is approximately Finance Director $3,220.83 annually and monthly database fee to SBC California for resident/business telephone numbers is approximately $1,488.62 annually; will be paid from 631 Telecommunications Accts. Account No. STAFF RECOMMENDATION Direct Staff to accept the Reverse 911 System and provide funding for annual maintenance fees to Sigma Communications, LLC and monthly database fee to SBC California. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE REVERSE 911 SYSTEM FOR THE NATIONAL CITY POLICE DEPARTMENT WITH GRANT FUNDING OF $37,173.75 PROVIDED BY THE COUNTY OF SAN DIEGO OFFICE OF EMERGENCY SERVICES WHEREAS, the City of National City's Police Department seeks approval for the enhancement of communication systems by the acquisition of the Reverse 911 System, a mass notification system to call residents during disasters; and WHEREAS, the County of San Diego's Office of Emergency Services has authorized grant funding of $37,173.75 to purchase the Reverse 911 System for the National City Police Department; and WHEREAS, the City's Fiscal Year 2005 Urban Area Security Initiative grant provided the funding for the $5,900.00 server from Sigma Communications, LLC, for the Reverse 911 system; and WHEREAS, an annual maintenance fee to Sigma Communications, LLC, is approximately $3,220.83 annually; and WHEREAS, the monthly database fee to SBC California for resident/business telephone numbers is approximately $1,488.62 annually. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the Reverse 911 System for the National City Police Department with grant funding of $37,173.75 provided by the County of San Diego Office of Emergency Services. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the utilization of City funds approximated annually at $3,220.83 for the annual maintenance fee to Sigma Communications, LLC, and $1,488.62 annually for the monthly database fee to SBC California. PASSED and ADOPTED this 216' day of November, 2006. ATTEST: Michael R. Della, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 11/21/06 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A NONDISCLOSURE AGREEMENT BETWEEN PACFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA AND THE CITY OF NATIO AL CITY AND SIGMA COMMUNICATIONS, LLCs PREPARED BY Walter Amedee J DEPARTMENT Police Homeland Security Manager EXPLANATION The County of San Diego's Office of Emergency Services has/purchased the Reverse 911 System for the NCPD. The Reverse 911 System enables NCPD emergency dispatchers to call residents and alert them to emergency actions which may need to be taken. Reverse 911 combines GIS mapping technologies with 9-1-1 calling data in an easy -to -use interface. SBC California will provide a monthly database update of resident/business telephone numbers. In order to receive the monthly updates, the City and Sigma Communications, LLC as the subcontractor, are required to sign a nondisclosure agreement for this service. Environmental Review Ai N/A Financial Statement Approved By: Minor impact; a maintenance fee to Sigma Communications, LLC is approximately Finance Director $3,220.83 annually and monthly database fee to SBC California for resident/business telephone numbers is approximately $1,488.62 annually; will be paid from 631 Telecommunications Accts. Account No. STAFF RECOMMENDATION Authorize the Mayor to sign the Agreement between SBC California and the City of National City and Sigma Communications, LLC for monthly database updates of resident/business telephone numbers. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Nondisclosure Agreement Resolution 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 A NONDISCLOSURE AGREEMENT BETWEEN THE CITY, PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, AND SIGMA COMMUNICATIONS, LLC WHEREAS, the City of National City's Police Department is the recipient of the Reverse 911 System from and purchased by the County of San Diego's Office of Emergency Services; and WHEREAS, the Reverse 911 System enables the City's Police Department's emergency dispatchers to call residents and alert them to emergency actions which may need to be taken and combines GIS mapping technologies with 911 calling data in an easy -to -use interface; and WHEREAS, SBC California will provide to the Police Department a monthly Neighborhood Call database update of resident/business telephone numbers; and WHEREAS, Sigma Communications, LLC, will act as the City's agent for obtaining Neighborhood Call subscriber information from SBC California; and WHEREAS, in order for the Police Department to receive the monthly updates, the City is required to sign a nondisclosure agreement with Pacific Bell Telephone Company dba SBC California for this service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a nondisclosure agreement with Pacific Bell Telephone Company, dba SBC California, and Sigma Communications, LLC, identifying Sigma Communications as the City's agent for obtaining Neighborhood Call subscriber information from SBC California on a monthly basis. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21si day of November, 2006. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney NONDISCLOSURE AGREEMENT NONDISCLOSURE AGREEMENT BETWEEN PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, AND THIS AGREEMENT, effective this day of 200_, ("Effective Date") is between PACIFIC BELL TELEPHONE COMPANY dba SBC CALIFORNIA, a California corporation (hereinafter "SBC California"), [name of Public Entity] (hereinafter "Customer") and [name of Subcontractor], a corporation (hereinafter "Subcontractor"). 1. Customer has requested Neighborhood Call service from SBC California under SBC California's Tariff, CAL.P.U.C. NO. A9.2.6 and agrees to comply with all provisions of SBC California's Tariff, CAL.P.U.C. NO. A9.2.6. 2. Customer has identified Subcontractor as its agent for obtaining Neighborhood Call subscriber information from SBC California for provision of community alerts and notifications to citizens as defined in California Public Utilities Commission Code Sections 2872 and 2891.1 and as allowed in SBC California's Tariff, CAL.P.U.C. NO. A9.2.6. In the event Customer elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information, Customer shall provide SBC California written notice of such change 30 days in advance of Subcontractor's agency status being terminated by Customer. 3. Subcontractor certifies that it has reviewed the terms and conditions of the SBC California Tariff, CAL. P.U.C. NO. A9.2.6 for Neighborhood Call and specifically A9.2.6B.2.b which stipulates in part: "The Neighborhood Call database information provided to Customer pursuant to this tariff is confidential and proprietary and such information will be held in confidence and only used and disclosed to Customer's employees or its subcontractors and agents with a need to know for purposes of providing a community alert and notifications to citizens as defined in California Public Utilities Code Sections 2872 and 2891.1. Customer agrees that each of its employees, subcontractors or agents receiving or having access to the Neighborhood Call database information will be informed that such information is subject to the terms and conditions of this tariff and the Neighborhood Call database information will remain the property of Pacific; that the Neighborhood Call database information will be treated with the same degree of care as Customer affords to its own highly confidential and proprietary information; and that the Neighborhood Call database information will not be reproduced in any manner, unless otherwise specifically authorized in writing by Pacific. Upon request, Customer will promptly return to Pacific all Neighborhood Call database information in a tangible form or certify to Pacific that such information has been destroyed." 4. Subcontractor agrees to comply with each of the obligations contained in SBC California's Tariff, CAL. P.U.C. NO. A9.2.6.B.2.b for Neighborhood Call Tariff. Notwithstanding the preceding sentence, Subcontractor agrees that no Neighborhood Cali subscriber information will shared with any non -employee of Subcontractor, whether it be a subcontractor or agent, without the written authorization of Customer and the execution of a Nondisclosure Agreement with SBC California. 5. This Nondisclosure Agreement shall be in effect from the Effective Date until such time that Customer terminates its request for Neighborhood Call service from SBC California or Customer elects to no longer use Subcontractor for obtaining Neighborhood Call subscriber information. Subcontractor's duty to keep the Neighborhood Call subscriber information confidential shall continue beyond the term of this Nondisclosure Agreement until such time that Subcontractor returns to SBC California all Neighborhood Call subscriber information in a tangible form or certifies to SBC California that such information has been destroyed. 6. Nothing contained in this Nondisclosure Agreement shall be construed as granting or conferring any rights by license or otherwise in any Information. 7. This Nondisclosure Agreement shall benefit and be binding upon the parties hereto and their respective subsidiaries, affiliates, successors and assigns. 8. This Nondisclosure Agreement shall be governed by and construed in accordance with the laws of the State of California, irrespective of its choice of laws principles. [SIGNATURE PAGE FOLLOWS] PACIFIC BELL TELEPHONE COMPANY dba XXXX (Customer) SBC CALIFORNIA By: By: Print Name: Print Name: Title: Title Date Signed: Date Signed: XXXX (Subcontractor and/or Agent) By: Print Name: Title: Date Signed: 2 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 21, 2006 AGENDA ITEM NO. 14 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Council to waive the bidding process and authorize the emergency repair of Fire Engine #236. Total cost: $38,145.45. PREPARED BY Tony Gaut DEPARTMENT Public Works EXT. 4580 EXPLANATION See attached explanation. Environmental Review X N/A MIS Approval Financial Statement Approved By: Fnance Di for Funds are available in account 643-422-224-283, R&M Firefighting Apparatus STAFF RECOMMENDATION Recommend City Council to approve the payment of the Fire Engine. BOARD / COMMISSION RECOMMENDATION N/A 643-422-224-283 Account No. ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (Rev. 7/03) Explanation: Public Works was informed by the Fire Department, that Engine #236 could not respond to an emergency call due to an engine breakdown. The engine was taken to Miramar Truck for an estimate. The magnitude of the problem and its associated costs were not known until the engine was torn apart. The original estimate for the repair was $19,000, well within the City Manager's signature authority. The City would have incurred additional costs to re -assemble the engine, in order to transport it elsewhere to obtain additional bids. For that reason, and the emergency nature of the repair, additional bids were not obtained. After tearing down the engine, it was also determined that a complete engine replacement was required, and that the radiator needed to be replaced due to major internal damage. The total cost for the repair is $38,145.45. Public Works was in communication with the Purchasing Agent (and therefore the Purchasing Review Committee) throughout the repair process. As authorized by Municipal Code chapter 2.60, section 2.60.22, it is requested that the City Council determine that it is in the City's best interest to waive the requirements of bidding, due to special circumstances. As per Municipal Code chapter 2.60, section 2.60.23, this was an emergency that required immediate repair of a fire engine to get it back into service as soon as possible, to ensure public safety. As such, this payment now requires ratification by Council resolution. RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN EMERGENCY SOLE SOURCE PURCHASE OF REPAIR SERVICES FROM MIRAMAR TRUCK BODY & EQUIPMENT FOR THE REPAIR OF ENGINE NO. 236 IN THE TOTAL AMOUNT OF $38,145.45 FOR THE FIRE DEPARTMENT WHEREAS, it was determined that the Fire Department's Engine No. 236 could not respond to an emergency call due to an engine breakdown; and WHEREAS, Engine No. 236 was taken to Miramar Truck Body & Equipment to obtain a repair estimate; and WHEREAS, in the course of obtaining an estimate for repairs, the engine was disassembled and it was determined that a complete engine replacement was required, and that the radiator was in need of replacement, at a total cost of $38,145.45; and WHEREAS, due to the fact that the engine was already disassembled, and due to the need for Engine No. 236 for emergencies, it was decided to have Miramar Truck Body & Equipment perform the repairs without obtaining bids for such services; and WHEREAS, Section 2.60.230 (A) of the National City Municipal Code provides that in case of an emergency which requires the immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Purchasing Agent to secure in the open market at the lowest obtainable price any supplies, materials, equipment or contractual services, regardless of the amount of the expenditure, subject to ratification by the City Council; and WHEREAS, Section 2.60.230 (D) of the National City Municipal Code provides that the Purchasing Agent may dispense with the requirements of bidding when the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity without compliance with the bidding procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds an emergency and special circumstances existed, and hereby waives the bid process, and ratifies the purchase of repair services in the amount of $38,145.45 from Miramar Truck Body & Equipment for the repair of Engine No. 236 for the Fire Department. PASSED and ADOPTED this 21 st day of November, 2006. ATTEST: Michael R. Della, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE ITEM TITLE Resolution of the City Council of the City of National City authorizing an interbudget adjustment transferring $217,380 from account 125-2501, sewer undesignated reserves to account 125-422-222- 511, sewer automotive equipment fund for the purchase of a sewer flusher truck PREPARED BY Joe Smith pEPARTMENT Public Works EXT. 4510 EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT November 21, 2006 AGENDA ITEM NO. 15 See attached explanation. ( Environmental Review N/A (-Financial Statement MIS Approval Approved By: CIA*, Funds are available in account 125-2501, sewer undesignated fund balance to account 125 422-222- 511, sewer automotive equipment. Account No. STAFF RECOMMENDATION Recommend City Council to approve the transfer. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Memo dated October 24, 2006 to the Purchasing Agent explaining the options to buy a flusher truck 3. interbudget Adjustment Request A-200 (Rev. 7/03) Explanation: Public Works presently owns a 1995 model Camel 200 flushing truck. At 11 years old, it has reached its life span and should be replaced. Under the new California emission standards that come into effect January 1, 2007, the City will not be able to operate our present sewer truck without a retrofit or should we purchase a new sewer truck after January 2007, the City will not be able to trade-in or sell the present truck within California. The City has the option now to purchase a demo truck at a cost of $217,276.65 (original cost $248,250.15 minus $20,000 trade-in value plus 8.75 percent tax). This demo truck is a higher equipped truck then the other trucks looked at and would be delivered immediate, whereas a new truck would take approximately six months to be built and delivered. This option has been discussed with the Vehicle C.I.P. Committee and all have agreed that a new flusher truck must be purchased at this time in order to save the City as much money as possible. The funds to purchase this vehicle will be from the sewer undesignated fund balance. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE TRANSFER OF FUNDS FROM THE SEWER UNDESIGNATED FUND BALANCE ACCOUNT TO THE SEWER AUTOMOTIVE EQUIPMENT FUND FOR THE PURCHASE OF A SEWER FLUSHER TRUCK WHEREAS, Public Works presently owns a 1995 model sewer flushing truck which is in need of replacement; and WHEREAS, should a new truck be purchased, the present truck cannot be traded in without a retrofit to comply with emissions standards; and WHEREAS, the City has the opportunity to purchase a demo truck at a cost of $217,276.65, which had an original cost of $248,250.15, less $20,000.00 for trade-in for the current truck. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following transfer of funds: FROM: Account No. 125-2501 Sewer Undesignated Fund Balance TO: Account No. 125-422-222-511 Sewer Automotive Equipment Fund TOTAL AMOUNT: $217,380.00 PURPOSE: Purchase of a New Sewer Flusher Truck PASSED and ADOPTED this 21st day of November, 2006. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor ATTACHMENT #2 CITY OF NATIONAL CITY PUBLIC WORKS DEPARTMENT 2100 HOOVER AVENUE, NATIONAL CITY, CA 91950 TEL: 619/336-4580 FAX: 619/336-4594 October 24, 2006 Brenda Hodges Purchasing Agent Joe Smith Wastewater Supervisor Purchase of Sewer Flusher Public Works presently owns a 1995 model Camel 200 flushing truck. At 11 years old it has reached its life span and I believe it should be replaced. And with the new emission standards in California, if we purchase a new flusher truck we will not be able to sell or trade in the Camel, in California after January 1, 2007. I have the City of San Diego's purchasing division request for bid of October 26, 2004 identified as 6971-05-Z. The lowest bid was the Aquatech hydro -vac combination machine model B10-1500. (See attached) We have three options to buy, • Purchase at lowest bid price $228,276, (248,250.15 with 8.75% tax) • Purchase at lowest bid price $228,276, (248,250.15 with 8.75% tax) $20,000 trade in $228,250.15 • Purchase DEMO at $218,276, (237,375.15 with 8.75% tax) - $20,000 trade in $217,375.15. The vendor will facilitate trade in. Note: The Demo is a higher equipped truck then is specified in the reference bid and can be delivered immediately new will take up to 6 months to build and deliver. (See attached email) Can we, please meet at you earliest convenience to discuss this matter. Thank you, Joe Smith ATTACHMENT #3 DATE November 21_, 2006 INTRABUDGET ADJUSTMENT REQUEST DEPARTMENT ACTIVITY OR DIVISION Public Works Wastewater STATEMENT OF PROBLEM AND TIME URGENCY This transfer will be used for the purchase of a new sewer flucher truck AMOUNT NEEDED $ 217,380.00 FROM: 125-2501 TO: TRANSFER: ACCT. # 125-422-222-511 ADMINISTRATIVE REVIEW/COMMENTS RTME 5AD TITLE Sewer Undesignated Reserves Sewer Automotive Equipment THIS PORTION TO BE COMPLETED BY FINANCE DEPARTMENT UNENCUMBERED AS FINANCE BALANCE OF INITIAL ORIGINAL PREVIOUS APPROPRIATION TRANSFERS IN[OUT] C.M. Date Approval Disapproval cc: Budget File - White Requesting Dept. Head - Yellow City Manager - Pink Originating Dept. - Goldenrod Approval Disapproval FIN. DIR Date Date Posted FIN-0o3 ago City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE Nov. 21, 2006 AGENDA ITEM NO. 16 ITEM TITLE Resolution of the City Council of the City of National City authorizing an expenditure of $51, 268.71 for the completion of the Roosevelt Ave. portion of the Public Safety Camera Project (Phase II -A) and for the implementation of Phase II-B (the integration of City Hall, Fire Department and Library). Such expenditure to be funded through Asset Forfeiture Funds, Acct. # 131-411-000-570. PREPARED BY L. Brent Roark, Operations Support Lieutenant DEPARTMENT Police EXPLANATION The Public Safety Camera Project, beginning in October of 2005, after a transfer of project responsibility, has been envisioned as a three-phase project (with Phase II having two sub -phases). Phase II -A of the Pubic Safety Camera Project (Roosevelt Ave.) is in the final stages. Remaining for completion of this phase is $15,389.00 for hardware pole configuration and installation. ( Sub -contractor PAR Electric via SSD Systems). $3,000.00 for an LCD monitor of the size and design compatible with multi —camera viewing. The remaining $32,879.71 to be expended for the implementation of Phase II-B (the integration of City Hall, Library and Fire Station). Such expenditure includes camera encoders, software licensing, workstation licenses and labor (Designated Vendor — SSD Systems). Phase II-B is consistent with furthering protection of critical govemment infrastructure and creating consolidation and interoperability of existing and new technology. Phase 11-B will commence immediately following the completion of Roosevelt Ave. (Estimated timeline -first week of January, 2007). Environmental Review V N/A grivt442 c17..,. A Financial Statement ivy No City General Fund revenue expended. Entire amount from Police Department Asset Forfeiture Funds. Account No. 131-411-000-570 J STAFF RECOMMENDATION Staff recommends authorization for $51, 268.71 Asset Forfeiture Fund expenditure. Such expenditure is necessary and consistent with Public Safety Camera Project Plans. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN EXPENDITURE OF $51,268.71 FOR THE COMPLETION OF PHASE II -A (ROOSEVELT AVENUE) AND FOR THE IMPLEMENTATION OF PHASE II-B (THE INTEGRATION OF CITY HALL, FIRE DEPARTMENT AND LIBRARY) OF THE PUBLIC SAFETY CAMERA PROJECT WHEREAS, the Public Safety Camera Project ("Project"), which began in October 2005, has been envisioned as a three-phase project, with Phase II having two sub -phases, II -A and II-B; and WHEREAS, Phase II -A, along Roosevelt Avenue, is in the final stages but requires the expenditure of $15,389 to complete this phase of the Project; and WHEREAS, Phase II-B will integrate City Hall, the National City Public Library and Fire Station No. 34 into the Project, which requires an expenditure of $32,879.71; and WHEREAS, Phase II-B will begin upon the completion of Phase II -A; and WHEREAS, the Police Department's Asset Forfeiture Funds (Account No. 131-411- 000-570) will provide the funds for this expenditure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the expenditure of $51,268.71 from the Police Department's Asset Forfeiture Funds (Account No. 131-411-000-570) for the completion of Phase II -A (Roosevelt Avenue) and Phase II-B (integration of City Hall, the National City Public Library and Fire Station No. 34) of the Public Safety Camera Project. PASSED and ADOPTED this 21' day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 17 ITEM TITLE TEMPORARY USE PERMIT — Temporary Advertising Balloon located at Ouchi's Powe Equipment at 225 W. 9"' St. from November 22, 2006 to May 22, 2006 from 7 a.m. to 6:30 p.m. Monday through Saturday with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Ouchi's Power Equipment to erect a 36' x 8' advertising air balloon at 225 W. 9t' St. from November 22, 2006 to May 22, 2006. This advertising balloon will be lifted each morning at approximately 7 a.m. and will be taken down each day at 6:30 p.m. 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) Resolu4ion 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: Ouchi's Power Equipment EVENT: Advertising Balloon DATE OF EVENT: November 22, 2006 to May 22, 2006 TIME OF EVENT: 7 a.m. to 6:30 p.m. M-Sat. APPROVALS. PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x ] 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 [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: ENGINEERING When balloon(s) are dismantled/deflated, please use appropriate safety means, i.e. cones and barricades, to protect pedestrians and vehicles from possible falling objects. For more information, please contact Kenneth Fernandez at 619-336-4388. FIRE (619) 336-4550 1. Provide appropriate and adequate means of securing the balloon. Balloon must remain stationary and not be permitted to move. PLANNING (619) 336-4310 The proposed request would permit the balloon to be erected for a period of 6 months. This would appear to be less than temporary. Section 18.62.100 of the sign ordinance limits banners to 60 days per year and the proposed inflatable sign (which is prohibited without a TUP) might be considered temporary use. Planning would recommend that the balloon be limited to a shorter period of time, similar to the time frame allowed for banners. City of National City Building and Safety Department 1243 National City Blvd., National City, CA. 91950 (619) 336-4210 (619) 336-4217 Fax TUP Invoice Ouchi's Power Equipment Advertising Balloon Acct. # Department Description Fee (internal) Paid? Y or N Building & Safety TUP Processing Fees $345.00 001-3585-13000 Yes All fees associated with the Temporary Use Permit must be paid in full at the City's Finance Department prior to issuance of permit. 3 NATIONAL CRY, CALIF. Event Date(s): From Actual Event Hours: 1qitam/pm to cS Tort. am/pm Setup/assembly/construction Date: Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration Circus _ Block Party _ Motion Picture _ Grand Opening VOther t!kQt) Event Title: 60a: Gt i S RcvCi Event Location: Z2 C .'• -, S fi '7C.s tat Cv H,alc+.14+.5 NO / to / Total Anticipated Attendance: Month/Day/Year ( Participants) ( Spectators) Community Event Start time: Please describe the scope of your setup/assembly work (specific details): b 36c. 8 red- Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: U(AA: 1 cp y y(Hr vv� For Profit ���Not-for-Profit Chief Officer of Organization (Name) UtX���„p S �c.c¢r Applicant (Name): Wtj �( tM1C-Kj{' t Address_ 22 t.Cl. s Daytime Phone: 4:19 y77-(o7(f Evening Phone: Contact Person on site" day of the event: ( 5.-okiff Fax 2- Pager/Cellular: 6p/q) So 7 • t,T99 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. 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. 16 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES AO YES V 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 4 rn 114 k-e pti4e.ev� .S 191r b6S4.a EAifs/� C" / VP oik-14-14/S-ce/ 41 h 'iYIs, Lv4:4 Adris-e_f . 174 �irr G% �ilr I147#7�ktr Man �hra j. 'WAN 7 0/4, it) .4.3),in et,,-/ wit( hp - f tei, dOwh 4't /er 17 /01, . 11iy11 4.4c/ o '/ %!!on ,-s 4-6,7 ' 36, Feeit 4.c.1-AP- YES NO If He 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: 1- _ YES _/NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: _ YES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES 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: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toile[ 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) i> Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity Y Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures S Vehicles and/or trailers r 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: Please describe your procedures for both Crowd Control and Internal Security: — YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING. ci• Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 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: Revised 08/10/05 Event: For Office 11se OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department C) City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken 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 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) )3 5. WiII 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 ..4-g .,,,,, M r A 19 b^..b' 1 City of National City, California COUNCIL AGENDA STATEMENT 18 MEETING DATE November 21, 2006 AGENDA ITEM NO. (ITEM TITLE TEMPORARY USE PERMIT — Tijuana Toy Run hosted by Sweetwater Motorcycles on December 10, 2006 from 8 a.m. to 10 a.m. at 3201 Hoover Ave. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from Sweetwater Motorcycles, Inc. to conduct the Tijuana Toy Run at 3201 Hoover Ave. on December 10, 2006 from 8 a.m. to 10 a.m. This event requires a street closure at the 3200 block of Hoover and 33rd Street between Hoover and National City Boulevard. This is an annual event that provides Christmas Toys to needy children in Mexico. All motorcycle riders provide toys as a condition of participation. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP through various City departments, plus $173.42 for Public Works. Total fees are $518.42. 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 C ATTACHMENTS ( Listed Below ) //tf%(./„. Resolutio 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 Motorcycles, Inc. EVENT: Tijuana Toy Run at 3201 Hoover Ave. DATE OF EVENT: December 10, 2006 TIME OF EVENT: 8 a.m. to 10 a.m. APPROVALS • PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ 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 [ 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 Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for the City Revenue & Recovery Division, Business License Section. (Note: A clearance fee does apply to non-profit organizations located in National City that submit an initial business license application.) 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. Emergency Access to be provided to all businesses within the area of staging. Minimum width of 20 feet with a vertical clearance of 13 feet 6 inches. 2. Participants to move immediately to the right upon approach of emergency vehicle(s). 3. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinlder system connections, etc.). Throughout the travel route and event location. POLICE (619) 336-4400 Event sponsors will need to coordinate with Public Works and the Traffic Division for road closures and traffic control on the date of the event. Event coordinators will also need to provide the Police Department with contact information for on -site security personnel. A copy of this TUP will be forwarded to the dayshift watch commander for extra patrol of event as officers are available. PUBLIC WORKS Street Division I . Staff will deliver barricades to street corners or to applicant prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Staff will pick them up on the following workday. 2. Staff will post "No Parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $173.42. Fees Unless waived by the City Council, the applicant shall pay $173.42 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $173.42 (account #001-422-221-102) Total: $173.42 RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and have a couple concerns which need to be addressed by the requesting organization. First, we need proof of insurance from the sponsoring organization, Sweetwater Motorcycles, Inc, e.g. an acord form which evidences commercial general liability coverage specific for this event with limits of at least one million dollars ($1,000,000.) per occurrence and the City should be named as an additional insured pursuant to a separate endorsement which should also be provided. In addition, because Sweetwater Harley Davidson is using its own employees to provide first aid and other assistance with the event, we should require evidence of Worker's Compensation insurance as well. Because the event involves closure of public roadways and will impact the right of way, we need to make sure there is adequate insurance in place prior to the event. I'll be happy to review the insurance certificate(s) and endorsement when received. City of National City Building and Safety Department 1243 National City Blvd., National City, CA. 91950 (619) 336-4210 (619) 336-4217 Fax TUP Invoice Tijuana Toy Run 2006 Hosted by Sweetwater Motorcycles Acct. # Department Description Fee (internal) Paid? Y or N Public Works Street Division $173.42 001-422-221-102 N Building 8 Safety TUP Processing Fees $345.00 001-3585-13000 N All fees associated with the Temporary Use Permit must be paid in full at the City's Finance Department prior to issuance of permit. 5 Actual Event Hours: R-O, arti/pm to 1D =0D am/pm Setup/asse Please d Type of Event: _ Public Concert _ Fair _ Festival Community Event Parade Demonstration Circus _ Block Party _ Motion Picture _ Grand Opening ,g, Other Event Title: / Y j'. ' km Iy Event Location: AID, )4obv r 11Voutt Event Date(s): Fro n 0,- /» Dlt to 12- /D • 0Total Anticipated Attendance: 4 50D Month/Day/Year (467v Participants) (TOOD Spectators) mbly/construction Date: 12.10.04 Start time: b : 00 ann. raibe the scope of your setup/assembly work (specific detains): NQH[ Dismantle bate: /2-/0.06 Completion Time: U.00 am/gym 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. 3Z12D -t 33Do biome i t � NL, reopening. 334d Sim,' ki1c.. m /ianYcr,4r r . iDkd act Sponsoring Organs ation: / ✓47SY 1/21,1 L For Profit Chief Officer of Organization (Name) Q54.1. S Not -for -Profit Applicant (Name): ��)) ✓✓✓ Address: ..320)71t/ VCr AlehltZ Daytime Phone: ( 9) 477447/Evening Pho e: (_J Fax: (_) Contact Person "o site" day of the event: pS44i� Pager/Cellular: 4/4-, 9d/.- 5g pr NOTE: THIS PER ON 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? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES 4. NO T YES A NO $ E timated Gross Receipts including ticket, product and sponsorship sales from is event. $ f#stimated Expenses for this event. $ at is the projected amount of revenue that the Nonprofit Organization will ve as a result of this event? Please provide a D�1 AILED DESCRIPTION of your event. Include details regarding any components of you event such as the use of vehicles, animals, rides or any other pertinent information about te event. _ YES NO f the event involves the sale of cars, will the cars come exclusively from h ational City car dealers? If NO, list any additional dealers involved in the sale! 7 _ YES i NO 1 oes the event involve the sale or use of alcoholic beverages? I YES _ NO WWII items or services be sold at the event? If yes, please describe: ,ivel.44Actifr ill rwrrhraN,A in6th sifite %ea4or 06 II 1 YES NO Does the event involve a moving route of any kind along streets, sidewalks or ighways? If YES, attach a detailed map of your proposed route Indicate the Irection of travel, and provide a written narrative to explain your route. X YES _ NO oes the event involve a fixed venue site? If YES, attach a detailed site map howing all streets Impacted by the event. _,,, YES X NO oes the event involve the use of tents or canopies? If YES: umber of tent/canopies Sizes OTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO rII the event involve the use of the City stage or PA system? In addition to the r to map required above, please attach a diagram showing the overall layout and set-up location 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 inten to cook food in the event area please specify the method: GAS ELECTRIC _ CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of bortable toilets: 4 (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 rivent) ➢ Tables and Chairs ➢ Fencing, b triers and/or barricades ➢ Generator lions and/or source of electricity ➢ Canopies r tent locations (include tent/canopy dimensions) ➢ Booths, ex ibits, displays or enclosures ➢ Scaffolding bleachers, platforms, stages, grandstands or related structures ➢ vehicles arjd/or trailers ➢ Other relat d event components not covered above ➢ Trash cont iners and dumpsters (Note: You ust properly dispose of waste and garbage throughout the term of your event and i mediately upon conclusion of the event the area must be returned to a clean condition,) Number of rash cans: Trash containers with lids Describe your plan For clean-up and removal of waste and garbage during and after the event: Please describe yoar procedures for both Crgwd Control and Internal Security: YES A NO Halve you hired any Professional Security organization to handle security arrliingements for this event? If YES, please list: Selburity Organization: Security Organization Address: Se�urity Director (Name): Phone: _ YES X NO Is his a night event? If YES, please state how the event and surrounding area wil be illuminated to ensure safety of the participants and spectators: Pl��e�a�s��indica a what arrangement you have made forproviding F'rst ayd Stafyng nd E uipment. .tlt'i� 8IA hi r[ ma 1a,� a 1 #410 41- lbtwi aldint,J, a.,b givc >Gin� ac. Please describe your Accessiblll Plan for acces/8 at your eventlby indiviidurals with disabilities/., Iltf,S wtid l S A ilia �'a ek 1'r„ts4 d k a/� Athi) Oh*/ tp/Pa�' CL ailed description of your PARKING plan: d Pleaseaseescripe your plan for DISABLED PARKING: l� _ kill r'S avaai tt f S v114.14r 9 Please describe yo.ir plans to notify all residents, businesses and churches impacted try the event: l / Simi_ ilk u�r� I'S px Q —iiii Lill 1v tA>� ,�LLS%his4ls 4AI i!1v.LJ 7�huy ND ` roanLVhc � s j i d s aka 2 fld ace- wMW bW II ite ruA hh P o d Vut 'xi G fu: NOTE: Neighborthood residents must signotitled 72 hours In advance vJhen events are scheduled In the elty parks. _ YES i( NO Ar there any musical entertainment features related to your event? If YES, pl se state the number of stages, number of bands and type of music. Nu ber of Stages: Number of Bands: Ty of Music: _ YES L NO Wi sound amplification be used? If YES, please indicate: St rt time: am/pm Finish Time am/pm _YES A NO Wi sound checks be conducted prior to the event? If YES, please indicate: St rt time: amPpm Finish Time am/pm PI ase describe the sound equipment that will be used for your event: _ YES 1j NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES $ NO An signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 (J Event: For Office 'Use Only Department Approved? Date Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Ys No Vote: Kathleen Trees, Director Building & Safety Department i J� PUB Persons reques provide a minim injury and prop employees nam Agreement. Ce Organization City of National City IC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT ing use of City property, facilities or personnel are required to m of $1,000,000 combined single limit insurance for bodily damage which includes the City, its officials, agents and d as additional insured and to sign the Hold Harmless ficate of insurance must be attached to this permit. /. AMEX Person in Charge of )Activity / / 6i 6/ 9 Address 3aml DY/1 h�� ju M4'RJ , 3 Telephone f,/4 477-4477 Date(s) of Use i1/9 477- 4470 As a condition o on public or priv indemnify and and its officers, demands, costs damage, or both the costs of iitig activi - n u contr : cto S. HOLD HARMLESS AGREEMENT the issuance of a temporary use permit to conduct its activities to property, the undersigned hereby agree(s) to defend, hid harmless the City of National City and the Parking Authority mployees and agents from and against any and all claims, losses, liability or, for any personal injury, death or property , or any litigation and other liability, including attorneys fees and tion, arising out of or related to the use of public property or the e = permit by the permittee or its agents, employees or Si atmd Official Title ppli nt r/e VV ¢ erg Dat 4110 er 4124 For ce�yl• Certificate of Insurance Approved 7 Date tz Non-profit organizations, which meet the criteria an page v of the instructions, will be considered fddr a waiver. If you would like to request a waiver of the processing fees please complete the questionnaire below. 1. Is the ev nt for which the TUP is sought sponsored by a non-profit organization? Ye (proceed to Question 2) X No Please sign the form and submit it with the TUP Application) 2. Pleases to the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Clu , Church, Social Service Agency. etc.) 3. Will the vent generate net income or proceeds t the sponsoring organization? Y (Please proceed to Question 4) No Please sign the form and submit it with the TUP Application) 4. Will the roceeds 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) �3 5. Will the roceeds provide a direct financial benefit to city govemment 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 organiza ion, which has been the direct recipient of Community Develop ent Block Grant (CDBG) funding? Yes Funds w Year funds were received: re used to: No (P lease sign the form and submit it with the TUP Ala PbIaKmuC SMkt 'Alta !gel _he •3h 1 ST.~ 30i cx) Jr No W.0.11iac. if Oil 1 mit IMPIII?W11111111 MI $1.4.44Dv►Ca A,t I' 31_ 4A-7. 14auL11.1-oomksayeuti gat wok Cal 1131";3L.04frItItIF(e. •�Ouap— lJwR 0' iS City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 19 ITEM TITLE TEMPORARY USE PERMIT — Rooftop Tent located at Sweetwater Motorcycles at 320� Hoover Ave. From November 22,2006 to February 22, 2007 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from Sweetwater Motorcycles, Inc. to erect a rooftop tent structure. This structure is designed to hold meetings on top of the Sweetwater Motorcycles main building. This tent structure exceeds the maximum height allowed in the Coastal Zone by 4 feet, prompting this application for a Temporary Use Permit. The Building Department suggests that this permit shall be limited to 90 days. After the 90 day period, this permit will be void and a new application will be required. Each meeting or event in the rooftop structure will need to be individually approved by the Building and Planning departments. The National City Planning Department suggests that the applicant approve the tent structure for a period of time after which a Council review take place. 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) 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 Motorcycles, Inc. EVENT: Rooftop Tent Structure DATE OF EVENT: November 21, 2006 to February 21, 2006 TIME OF EVENT: N/A APPROVALS• PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: 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. Fees can only be waived by City Council. 2. California Fire Code requires that tent shall be used for a period of not more the 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. Tent shall be composed of flame -resistant material. Tent shall have California State Fire Marshal (CSFM) seal attached. 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 tent. Fire extinguisher locations to be plainly marked and accessible. Minimum of two portable fire extinguishers required. Must have current CSFM tag attached. 8. Tent to have a minimum of 2 exits each with a minimum clear width of 72 inches. 9. Illuminated green exit signs to be clearly visible at each exit. 10. Emergency exit lighting must be provided. 11. No Smoking signs to be clearly posted within the tent. 12. Tent occupancy load not to exceed 120. Occupancy load to be clearly displayed within tent. 13. Exit ways to be maintained in an unobstructed manner at all times. BUILDING & SAFETY (619) 336-4210 I recommend the approval of the TUP with conditions, allowing the tent to be used as a meeting place only, with a maximum occupant load of 120. The following conditions shall apply; 1. The tent shall be approved as a temporary structure. 2. Each event to be held in conjunction with the tent shall be individually approved from the Building and Planning Departments. Requirements for these events will be determined at the time of event submittal and based on the type of event. 3. The duration of the permit is limited to 90 days. At the end of 90 days the permit shall be void and a new application shall be required. 4. No sales shall take place within the tent structure. 5. No cooking shall take place within the tent structure. 6. No live entertainment shall take place within the tent structure without separate Use Permit. 7. No signage shall be placed on the tent roof or sides without separate sign permit 8. Complete plan shall be submitted to the Building and Planning departments showing egress, setbacks, structural elements, safety requirements and ADA requirements. PLANNING (619) 336-4310 The application is not clear if the request is to obtain approval to conduct a temporary use on the roof or to obtain approval to install a temporary sign on the roof. If the application is to permit the use of special events on the roof, the applicant may be refrained from operating uses in an open area (the roof), as section 18.18.330 specifically requires uses within the M-1 zone to be completed enclosed within the building. The "roof tent" may be defined as a sign (section 9.32.010 of the Municipal Code), if it is advertising the use (the sale of motorcycles and motorcycle equipment). As a permanent roof sign, it would be specifically prohibited to be mounted on the roof (Section 18.62.150). The code is not clear if a sign could be permitted on a roof on a temporary basis. In order to evaluate the proposed application, please request the applicant provide the following information: 1. A site plan of the roof showing the location of the tent; elevation drawings of the tent with combined height of the tent the existing structure. As defined in the Land Use Code (Section 18.62.030(X), a temporary sign is one that is "easily removable and which is not attached to a building, structure or the ground in such a manner as to be rendered a permanent sign. 2. Specific information of hours and dates of operation, if any live entertainment and/or food service would be provided, open barbecues, whether outdoor display of merchandise would be provided, etc. This request does not provide a definite period that the sign would be removed. Specific information on the hours and dates of operation is necessary to ensure that the proposed "roof tent" is temporary in nature. Temporary Use Permits may be issued only for limited periods of time (Section 15.60 of the Municipal Code). The application should specifically state that there would be no displaying merchandise on the roof as outdoor display or sale of merchandise is prohibited by Section 18.92.010. Additionally, signs are prohibited that would "interfere with the safe operation of a vehicle or create distraction to the operator of a motor vehicle on adjoining public street" (Section 18.62.210). The proposed roof tent would be extremely visible from the I-5 and SR-54 on ramps and potentially distract drivers. 5% City of National City Building and Safety Department 1243 National. City Blvd., National City, CA. 91950 (619) 336-4210 (619) 336-4217 Fax TUP Invoice Sweetwater Motorcycles Rooftop Tent Structure Acct. # Department Description Fee (internal) Paid? Y or N Fire Tent fee $349.00 Please see Fire Dept. Building & Safety TUP Processing Fees $345.00 001-3585-13000 N All fees associated with the Temporary Use Permit must be paid in full at the City's Finance Department prior to issuance of permit. Type of Event: Public Concert Parade _ Motion Picture Event Title: Fair _ Demonstration _ Grand Opening N/A Actual Event Hours: am/pm to am/pm _ Block Party _ Festival Community Event Circus x_ Other A O g r- Event Location: 3201 Hoover Avenue, National. City. CA 91950 q :< Event Date(s): From to Total Anticipated Attendance: 0 Month/Day/Year ( Participants) r.. ( Spectators) ;q Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. No ne Sponsoring Organization: Sweetwater Motorcycles, Inc. Chief Officer of Organization (Name) Thomas A. Horning Applicant(Name): Sweetwater Motorcycles, Inc. For Profit Not -for -Profit Address: 3201 Hoover Avenue, Nationai City. CA y1950 Daytime Phone: b19) 477-4477 Evening Phone: (b19) 888-9806 Fax: (619 477-4470 Contact Person "on site" day of the event: cc.L( L c(- �$� ` g0L Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Anastasia C. Pones Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES X_ NO YES x_ NO $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Ni i► Estimated Expenses for this event. $ N/A 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. This temporary use permit is submitted at the suggestion of the National City planning Department to avoid an application to the California Costal Commission to amend the California Costal'Pian to allow Sweetwater Motorcycles, Inc. to exceed the maximum height allowed in the Costal Zone by up to four (4) feet. In 2005, Sweetwater Motorcycles, Inc. informed the Building and Safety and Planning Departments of their intent to install a tent on their upper deck to hold meetings, etc.. It was later discovered that the tent would exceed the height limit due to the slope required for drainage. _ YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES .� NO Does the event involve the sale or use of alcoholic beverages? YES X_ NO Will items or services be sold at the event? If yes, please describe: _ YES ,J_ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X_ YES NO Does the event involve a fixed venue site? if YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies one Sizes 60' x30.x 13' NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X 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: Daily cleanup with the rest of the upper deck t s Please describe your procedures for both Crowd Control and Internal Security: Securi ty and rrpwd r.pmtrni will he nrovided.IaY Sweetwater Mntorcvcles Staff _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: X 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: Tharp will hp illumination within the tent (nverhead lights). The upper deck has exterior pole lighting. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. First aid kit on upper deck Please describe your Accessibility Plan for access at your event by individuals with disabilities: Elevator access for individuals iwth disabilities is available. Please provide a detailed description of your PARKING plan: As per Sweetwater Mntnrc,yr.les. Tnc. parking plan on their property. Please describe your plan for DISABLED PARKING: dicahlpri parking cpacpc aro nrnvirlPrl at Swpptwatpr Mntnrcyrlps, Tnr Please describe your plans to notify all residents, businesses and churches impacted by the event: N/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: X YES _ NO Will sound amplification be used? If YES, please indicate: Varies per meeting. Sound system is PA system Start time: am/pm Finish Time am/pm YESXX 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 j NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES X NO Any signs, banners, decorations, special lighting? if YES, please describe: Revised 08/10/05 (6 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Sweetwater Jjotorcycles, _I ignature of Applicant Chief Fxertltive Officer Official Title Date For Office Use Only September 1b. 2006 Certificate of Insurance Approved Date IZ Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. WiII 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) e$ V3 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 November 21, 2006 AGENDA ITEM NO. 20 (-ITEM TITLE Notice of Decision — Planning Commission Approval of a Modification of a Planned Development Permit to add 480 square feet to an Existing Residence at 1939 S. Lanoitan Avenue (Applicant: Ricardo Perez) (Case€File M1-PD-2003-3) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The applicant received a Planned Development Permit (PD) to build a second house on their 10,500 square foot lot in the Single -Family Residential Extendable (RS-3-PD) Zone at a Council meeting in October 2004. The applicant has now applied for a PD Modification to revise the plans for the new house and add approximately 480 square feet to the second floor for a family room. The Planning Commission held a public hearing on this application on October 16, 2006. Commissioners discussed the potential impacts of the project and the higher quality materials now being proposed by the applicant compared to the original approval. One neighbor spoke on the item with concerns about a wall that was removed and parking for the project. Staff noted that the applicant is providing a two -car garage for each home on the site, meeting Code requirements. Also, the Engineering Department agreed to discuss the wall issue with the neighbor, as they had received no previous indication there was a problem. The Commission chose to amend one condition which requires a bathroom in the proposed addition be removed by adding language that any plumbing to this area also be removed. This condition is intended to ensure the addition will not be used as a bedroom, which would require additional parking. Commission then voted to approve the Modified PD based on the attached findings and with the amended Conditions of Approval. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Q� Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. U BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes — Carrillo, Alvarado, Flores, Pruitt, DeLaPaz Absent: Reynolds, Baca ATTACHMENTS ( Listed Below ) Resolution No. 1. Planning Commission Resolution 34-2006, including 3. Location Map Findings and Conditions of Approval 4. Applicant's Plans A-200 (9/99) • • RESOLUTION NO. 34-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MODIFICATION OF A PLANNED DEVELOPMENT PERMIT TO ADD 480 SQUARE FEET TO AN EXISTING RESIDENCE AT 1939 S. LANOITAN AVENUE APPLICANT: RICARDO PEREZ CASE FILE NO. MI-PD-2003-3 WHEREAS, the Planning Commission of the City of National City considered a Modification of a Planned Development Permit to add 480 square feet to an existing residence at 1939 S. Lanoitan Avenue, at a duly advertised public hearing held on October 16, 2006 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. M1-PD-2003-3, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 16, 2006, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area on the 10,500 square foot lot for a second house with the proposed 480 square foot family room addition, with sufficient yard area, and with required off-street parking. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed house will add only several Average Daily Trips to the local residential roads in the area, and since roads were intended to handle the type of traffic generated by the proposal. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed house has been designed to be compatible with both the existing house on the property and nearby development, since the home has setbacks in excess of current requirements, and since the new house is similar to existing development in the area. i 4. That the propld use is deemed essential and desirable a public convenience and welfare, since the proposed additional square footage will make the project more suitable for a larger family as encouraged by the General Plan. BE IT FURTHER RESOLVED that the application for Planned Development Permit is approved subject to the following conditions: 1. This Planned Development Permit modification authorizes an additional a 480-square foot family room on a second residential unit on the rear of a lot with an existing single- family house. 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. M1-PD-2003-3, dated 8/31/2006. 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 paved parking area in the front yard setback shall be removed prior to the issuance of a Certificate of Occupancy for the new house. 4. The columns of the wall under construction in the front yard shall be modified to comply with the height limits in Title 18 of the National City Municipal Code. 5. The pitch of the roof on the new house shall match the pitch of the roof on the existing house on the property. 6. A two -car garage shall be provided for the new house. A second two -car garage shall be provided for the existing house. 7. 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. 8. The new house shall have a residential fire sprinkler system. Plans and for the system shall be submitted to the Fire Department for review and approval. 9. A minimum 1,000 gpm fire flow with duration of two hours measured at 20 psi shall be provided. 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 development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 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 size with a clean out. A sewer stamp ' shall be provided on the curb to mark the location of the lateral. 12. 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. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage and street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 14. The existing, recently constructed retaining wall shall be properly permitted or removed. 15. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 16. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 17. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 18. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Fonn within 30 days of its receipt shall automatically terminate the Planned Development 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 Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 19. 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. 20. The requested 480-square foot addition shall not include a bathroom, and all associated rough and finish drain, waste and vent plumbing shall be removed. 21. The door to the second floor deck, as proposed in Exhibit A -revised, shall be removed, leaving only the family room sliding door for access to the deck. 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 October 16, 2006, by the following vote: AYES: Carrillo, Alvarado, Flores, Pruitt, DeLaPaz NAYS: ABSENT: Baca, Reynolds ABSTAIN: d)--ttru-,cJL, CHAIRWOMAN RS-3-PD PROJECT LOCATION 20% \ \ 2p34 \ 2104 1 ZONE BOUNDARY LOCATION MAP RS-3-PD Modification of an approved Planned Development permit to add a 480-square foot family room to a home at 1939 Lanoitan Avenue M1-PD-2003-3 NATIONAL CITY PLANNING DRN. DATE: 10/02/06 INITIAL HEARING: 10/16/06 5 ova., mem avu ty aux wan. ao•urfte • • 411.0. •,11•••• 1\•:1 ••-• In• ...a, oar): 9.10. W3. • 1.••=,... LE•V.M. • • 5.4.4•• 'amps VITO Nn I • m ASAIYPN woo 300, 0,c 34.1..1.127 5.21r.”14..11•• 3•1. 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LFUON MICE 0154 *MET MOM A3 61 aaLaganc PROPOSED SINGLE FAMILY RESIDENCE vJ 'a2�4e Rr IM;, Ili JFCArd MOW LANOITAN AVENUE PLANTING LEGEND m.cc 62DLOmp NAIL 0 0 3NE CIIIMIry .w.urrEe anCMve IMI n Lavaaalaarla NONAGAWWCF aOaL 6 ,FAUN, raapaapayaamel w sO" leVPE1.j,1O0PINN No WN 601L to MOSVANIaleR1E9npaY 64ALmammy ]�.N J. UWOOR IEra li Rd1ma ie OaL aN.our®Mwsm Ncarero®m NINMOH TM wcx ewM evumaluuweueENIACII. unxaGG. awve, ,, 2.ILN1INx:P MEE, alS.ma IINCROCarraN.F.9 WW1. wore mXE oF .3LRMlEI W CATEDH race *0033L AOMVryG WEIN TCENf/rPFe uM•Ex c bWAOLEEP1rNLe lbOlB yY MOM 'RUNK a, 1fry?ILTR� TM NJ SLAM ^. �fea'iwrrlxa • • O. i- OAR. ao-la-IN TOaTL�R 1,4615 FEE *Rae ] ONRMOOMO DIRK iu4N e Na. ?WISE eAEN wuN acalal ma. cue. APPROVED CITY Pi wnoxk cm MOAN oar. UTE d/4 b#O OTNEEMNEALO.ae3L LM18IwG aAw lwiC.a CAMEO EXISTING TREES WOO 041fl0 aNm)nE3 faaar clanTHEE Ta6E ® P camas R.YNNCxnla9 OLWR CI.gMp P E6 amw i FlCwo6wullY P 3 LOP, MNRII. 1v111N[ Na4RN • WeMMN IMAM aGIR lealaaNy ClUAVA nEail ouRVA ]l 0NVA NOTE rtlsNE aErumAll HEED q[pgrPEOT NOO N E0.001.41 COME. �,MWEE NPu riFEM MIANNE M0�13163*awA!LCPSALOVMErgNagbSlp WMOFpL/j, Norte ALBaa*OIOLan OMNIMIEN TOnaCerverDem.EaMLR WIOI a MLW0SAPaNaEAarowVEEOnTEgN aaNTOWy aNareN mNVNIIEgeNES. a a'AOEaiIANDINKN!'Ae ANAVPNONNJ _ArRO:I, LELarINNM .. Mop.N.AIINO AHEM NHOMR{NIMANLRICIrVNLaaeAWlm 6. ALLPANTN3N »MGM MOa91MT1/NpSIIINNLVCNANEDIMOTEQNNgL®. Nat,MIMTI BMW Nana•A WMWmPEONNELNIM1IMERINCVAL MRr�,pRbb Na HwwwNG AMNIICNIM AAaNM6L eENVNrM®RAW®yp Nam MEE Mogan µ ROLL UaaT EN;f00%lIECAM uR6ElA mo aRe• FOR OeR l➢w OMGNTANe TR•e NAIAD Eoe a'...wren Ana •r,M. ..r NDlpRx1LIEKKA mtnsmanowne.ATION N dNTLeIAAan. RAT SImAI Nov na Tl.a OElOelrewe•w Ne APoTD.L.L ®w.aN ANA..ro. MOWN Or Na.15 0Nn1 aaaoxwaa NAmRAMI Ia•N.NTI. I.LwwrrN.aa PLAlre rMllwe• nano TApo Nmelp3O asocariLi !en OWL RMQLT. n.ce NOOrDNaw NATNTNewm NORTH 91.1l¢U0E rLANTIN6 SCALE: r = W' '1 PRELIMINARY LANDSCAPE PLAN NOT FOR CONSTRUCTION EMEPIA aA•N8 alma aeamn. s RUELAS RESIDENCE _ -tea Mew..APPROVES'` vx pa •RMI. La•T IAN a.,F we �RL e>�MlTay7aR' N.OI= O.RR 6M 63— S.NL 3.a00 moacr_ MNS! L-1 O I ..ea J City of National City, California COUNCIL AGENDA STATEMENT NOVEMBER 21, 2006 d1EETING DATE AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER # 15 PREPARED BY Finance EXPLANATION Ratification of Warrant Register # 15 per Government Section Code 37208. DEPARTMENT City Manager Lin Wurbs 619-336-4240 21 Environmental Review N/A Financial Statement Not applicable. Approved By: • cL,, 4 f)ddg. L ag ILLYGJLI�I� Ftna-4144, D heal eY Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,275,663.89 BOARD / COMMISSION RECO MENDATIO ATTACHMENTS ( Listed Below ) 1. Warrant Register #15 2. Workers Comp Warrant Registers dated 10/04/06 3. Payroll register dated 10/04/06 Resolution No. A-200 (9/80) PAYEE GARDNER SIZZLER RESTAURANT FOWLER DE WILLIAMS SHIELDS GHA TECHNOLOGIES RJA MGMT SVCS ADDICT'N MED CNSLTNTS AEP WORKSHOPS ALL THE KINGS FLAGS ALLEN ALPHA OMEGA SERVICES AMER SECURITY ED ASBURY ENV SVCS BCM MECHANICAL INC. BOOT WORLD CA MUNICIPAL STATISTICS CAFE LA MAZE CAL EXPRESS CA COMMERCIAL ASPHALT CATHERINE GROBEN CEB CERTIFIED LABORATORIES City of National City WARRANT REGISTER # 15 10/10/2006 DESCRIPTION REPLACE DIRECT DEPOSIT OF 10/04/06 MEALS FOR 9/30/06 - EXTRA COVERAGE LIABILITY CLAIM COSTS/J FOWLER HELMET SHIELDS PANASONIC DISK DRIVE, SEARCH SVCS FOR H.R. DIRECTOR MEDICAL SRVCS JUL - SEP 2006 CEQA WORKSHOP/A & M REEDER CALIFORNIA NYL H&G RETIREE HEALTH BENEFITS OCT 2006 SCBA MASK FIT TESTS ANTI -CRIME NATIONAL HANDBOOK WASTE OIL SERVICE CHARGE RELOCATE CONDENSING UNIT MOP 64096 - BOOTS - AGUILAR DEBT STATEMENT AS OF 6/30/06 PROMOTIONAL ACTIVITIES SEP'06 CHARGES FOR COURT FILINGS ASPHALT SPEC 04-5 REVIEW DOCUMENTS CONDEMNATION PRACTICE 3RD EDIT DAYBREAK CK # 210921 210922 210923 210924 AMOUNT 348.52 54.82 1,250.00 1,318.20 210925 10/5/2006 787.11 210926 10/5/2006 13,492.84 210927 10/10/2006 358.00 210928 10/10/2006 320.00 210929 10/10/2006 978.26 210930 10/10/2006 125.00 210931 10/10/2006 760.00 210932 10/10/2006 595.70 210933 10/10/2006 125.00 210934 10/10/2006 7,450.50 210935 10/10/2006 318.91 210936 10/10/2006 425.00 210937 10/10/2006 30.24 210938 10/10/2006 79.30 210939 10/10/2006 597.69 210940 10/10/2006 180.00 210941 10/10/2006 117.23 DATE 10/4/2006 10/4/2006 10/5/2006 10/5/2006 210942 10/10/2006 446.69 CHECKPOINT SYSTEMS CV POLICE DEPARTMENT CINGULAR WIRELESS CITY OF CHULA VISTA CLIFTON COHEN CORPORATE EXPRESS DEESE DEPT OF TRANSPORTATION DIXIELINE LUMBER CO. ENTERPRISE GROUP ERGOMETRICS ESTELA CORDERO ESTELA CORDERO EXPRESS TEL FEDEX FENTEK INDUSTRIES, INC. G WATERS NUTRITION CNTR EXTENDED SECURITY WARRANTY ADV REGIST/DEPASCALE/SEGAL CINGULAR DATA VOICE ANIMAL SHELTER COSTS LIABILITY CLAIM COSTS/M CLIFTON REFUND DEVELOPMENT FEES MOP 45704 OFFICE SUPPLY TRAVEL EXPENSE REIIv1B/L DEESE HIGHWAY LIGHTING MOP 45707 CONCRETE MIX COPY PAPER FIRE TESTING/TRAINING-MATERIALS ADV SUBSISTENCE/CORDERO E ADV TRAVEL/CORDERO E PAGER SERVICE FOR PD TECHNICAL PERSONNEL CHARGES TEN USB MINI KEYBOARDS. - MINUTEMAN RALLY LUNCH 7/23/2006 G WA 1'bRS NUTRITION CNTR ORAL BOARD LUNCH/FIRE CAPT G WATERS NUTRITION CNTR MAYOR/MANAGER LUNCHEON GTC SYSTEMS, INC. HARRIS & ASSOCIATES HEARTLAND COMM AUTH HOLLOWAY HUNTER'S NURSERY INC. INFRASTRUCTURE ENG INST OF TRANSPORTATION J & M CARPET SERVICE JJJ ENTERPRISE 139 HOURS GTC PROFESSIONAL SVCS DEPOST #962 PACIFIC SCENE HOMES ANNUAL DISPATCH SVC AGREEMENT RETIREE HEALTH BENEFITS OCT 2006 MOP 45719 - TREES DEPOSIT #1075 22ND ST & GROVE ST ADVERTISING FOR TRAFFIC ENGINEER CARPET CLEANING AT THE LIBRARY LABOR 210943 10/10/2006 33,840.00 210944 10/10/2006 554:00 -• 210945 10/10/2006 1,780.35 210946 10/10/2006 16,3 01.52 210947 10/10/2006 545.96 210948 10/10/2006 3,806.00 210949 10/10/2006 464.22 210950 10/10/2006 74.81 210951 10/10/2006 2,775.47 210952 10/10/2006 1,816.94 210953 10/10/2006 2,596.78 210954 10/10/2006 594.48 210955 10/10/2006 1,498.00 210956 10/10/2006 292.29 210957 10/10/2006 184.1., 210958 10/10/2006 78.82 210959 10/10/2006 668.50 210960 10/10/2006 900.00 210961 10/10/2006 80.00 210962 10/10/2006 66.00 210963 10/10/2006 358.00 210964 10/10/2006 42.05 210965 10/10/2006 43,040.00 210966 -10/10/2006 150.00 210967 10/10/2006 537.08 210968 10/10/2006 420.00 210969 10/10/2006 200.0E 210970 10/10/2006 500.00 210971 10/10/2006 200.00 2 JOBS AVAILABLE INC. JOHN DEERE LANDSCAPES KONICA MINOLTA LA PRENSA SAN DIEGO LASER SAVER INC LAULETTA LEXIS-NEXIS LOPEZ MARCOS MURRAY, JOHN N & U TRUCKS AUTO NC CHAMBER OF COMM ADVERTISING/DIRECTOR OF HR MOP 69277 TRASH PICK UP EXTENDED WARRANTY ON A MINOLTA LEGAL ADVERT/PUBLISH NOTICE MOP 45725 TONERS COMPATIBLE NACOLE CONE REIMB/LAUREN L. CA PUBLIC SECTOR LABOR RELATIONS TRANSLATION SVCS FOR 9/26/06 MEAL ALLOCATION BENEFITS RETIREE HEALTH BENEFITS OCT 2006 REPAIR DRIVERS DOOR NAVY LUNCHEON/ZAPATA & WURBS NC CHAMBER OF COMMERCE NAVY LUNCHEON/KIRKPATRICK NC CHAMBER OF COMMERCE SALUTE TO THE NAVY LUNCHEON/HODGES OFFICE TEAM PACIFIC AUTO REPAIR PAPA PRUDENTIAL OVERALL PUBLIC EMP RET SYS QUILL CORPORATION RECREATION SUPPLY CO REGIONAL TRAINING CNTR RICK ENGINEERING CO. SAINZ SD COUNTY BAR ASSOC SANTA ROSA JR COLLEGE SBC/MCI SBC/MCI SDCFCA-ADMIN SECTION TEMP SVCS HARROD JILL A W/E 9/08-15/06 HEATER CORE PESTICIDE REGISTRATION/PUBLIC WORKS 210988 10/10/2006 390.00 MOP 45742 TOWEL BATH WHITE 210989 10/10/2006 310.02 P.E.R.S. SERVICE PERIOD 09-06-4 210990 10/10/2006 205,388.63 MESH DESK ACCESSORIES 210991 10/10/2006 56.97 BACKBOARD SPIDER STRAP 210992 10/10/2006 730.13 ADV REGISTRATION/HERNANDEZ M 210993 10/10/2006 100.00 N. C. BIKEWAY MASTER PLAN 210994 10/10/2006 8,405.00 ICC EXAM REIMB FOR SAINZ LUIS 210995 -10/10/2006 150.00 SDCBA 2007 ATTORNEY DIRECTORY 210996 10/10/2006 20.00 ADV TUITION/CORDERO ESTELA 210997 10/10/2006 82.00 T-1, PHONE, ISDN LINES C0499-7549-555 T-I, PHONE, ISDN LINES 619-477-9751-961 SDCFCA RENEW MEMBERSHIP/WILKINS J 210972 10/10/2006 245.00 210973 10/10/2006 100:21 210974 10/10/2006 735.00 210975 10/10/2006 144.00 210976 10/10/2006 491.33 210977 10/10/2006 248.24 210978 10/10/2006 488.68 210979 10/10/2006 50.00 210980 10/10/2006 476.00 210981 10/10/2006 150.00 210982 10/10/2006 55.00 210983 ,10/10/2006 60.00 210984 10/10/2006 30.00 210985 10/10/2006 30.00 210986 10/10/2006 1,316.70 210987 10/10/2006 500.00 210998 10/10/2006 5,760.38 210999 10/10/2006 78.91 211000 10/10/2006 30.00 SDG&E SMART & FINAL SOLANO PRESS BOOKS SOUTH BAY WINDOW SSD SYSTEMS STARTECH COMPUTERS STRATACOM SUN TRUST SWEETWATER AUTHORITY SWEETWATER AUTHORITY THE LIFEGUARD STORE THE STAR NEWS TIPS TURF STAR U.S. HEALTHWORKS UNDERGROUND SERV ALERT US STERLING CAPITAL CORP US STERLING CAPITAL CORP V & V MANUFACTURING VALLEY IND SPECIALTIES VERIZON WIRELESS - SD WATERLINE - PSOC WESTFLEX INDUSTRIAL ZENGOTA BAYSHORE TRANSIT MGMT CORPORATE EXPRESS FLEET SERVICES, INC GFI GENFARE H.R. DIRECT SDG&E - STREET MOP 45756 LAW ENFORCE RALLY 9/30/06 TWO COPIES OF "GUIDE TO CEQA" BOOKS WINDOW REPAIR & REPLACEMENT TROUBLE SHOOTING AT LIBRARY MOP 61744 - DIGITAL CAMERA MOP 63845 FIELD PROPERTY RECEIPT NEW FIRE TRUCK#1 LEASE PMT#32 WATER - WASTEWATER WATER BILLS/PARKS#920-6000-0 LIFEGUARD CHAIR, RECYCLED LEGAL AD OF HEARING NOTICE REGIST/AYDELOTE/CHELIUS/DOW/POWELL PARTS FOR MOWER MED SVCS/PRE-EMPLOYMENT PHYSICAL UNDERGROUND SERVICE ALERT CHGS TRADE SETTLING CHRGS 9/09/06 - 9/15/06 TRADE SETTLING CHRGS 9/16/06 - 9/22/06 EMPLOYEE RECOGNITION PROGRAM MOP 46453 REPAIRS - FIRE STATION CELL PHONE SERVICES, CITY WIDE CHEMICALS FOR MUNICIPAL POOL MOP 63850 DUST CAP QD ALUM USE RALLY DAY REIMB/ZENGOTA V PAYROLL FOR CHECK DATED 10/06/06 OFFICE SUPPLIES REMAN COMPRESSOR AND 1 FAREBOX PARTS PLN 2007 ABSENTEE CALENDER 211001 10/10/2006 39.13 211002 10/10/2006 849774 211003 10/10/2006 161.63 211004 10/10/2006 327.56 211005 10/10/2006 470.46 211006 10/10/2006 300.05 211007 10/10/2006 403.79 211008 10/10/2006 5,009.63 211009 10/10/2006 146.94 211010 10/10/2006 36.09 211011 10/10/2006 630.00 211012 10/10/2006 69.19 211013 10/10/2006 340.00 211014 10✓10/2006 2,535.75 211015 10/10/2006 190.0t 211016 10/10/2006 129.60 211017 10/10/2006 199.08 211018 10/10/2006 198.27 211019 10/10/2006 1,566.30 211020 10/10/2006 18 9.8 2 211021 10/10/2006 3,765.25 211022 10/10/2006 832.69 211023 10/10/2006 23.32 211024 -10/10/2006 86.58 211025 10/10/2006 56,664.74 211026 10/10/2006 80.88 211027 10/10/2006 753.0( 211028 10/10/2006 269.38 211029 10/10/2006 84.26 4 J.J. KELLER & ASSOC MCDONALD TRANSIT ASSOC MYERS TIRE SUPPLY CO NEW FLYER PARTS PERSONNEL CONCEPTS PERVO TRAFFIC CENTER POWERSTRIDE BATTERY PRUDENTIAL INSURANCE SD BUS DRIVERS UNION SD GAS & ELECTRIC SOUTH BAY FENCE INC. SPANKY'S, INC TARULLI TIRE INC.-SD UNIFIRST Workers compensation checks RENEWAL 10/2006 TO 09/2007 211030 10/10/2006 207.16 FEE CHANGE ADJUSTMENTS 211031 10/10/2006 1,149 87 REPL NYL TIRE MACHINE 211032 10/10/2006 551.03 BUS PARTS 211033 10/10/2006 205.85 1 YEAR COMPLIANCE SUBSCRIPTION 211034 10/10/2006 118.42 SHOP MATERIALS & SUPPLLIES 211035 10/10/2006 64.60 BUS PARTS 211036 10/10/2006 1,179.32 LIFE INS. OCTOBER '06 211037 10/10/2006 253.80 UNION DUES - AUG AND SEP 2006 211038 10/10/2006 2,459.20 ELECTRIC - 8/28/06 TO 09/27/06 211039 10/10/2006 1,993.90 FURNISH & INSTALL SWING GATE 211040 10/10/2006 425.00 PORT POTTIES RENTAL @ 24TH ST. TROLLE' 211041 10/10/2006 493.18 TIRES FOR BUSES MAINTENANCE LAUNDRY SVC 211042 10/10/2006 2,596.57 211043 10/10/2006 369.31 Total 459,566.95 12183 10/4/2006 708.69 12184 10/4/2006 47.60 12185 10/4/2006 3,081.42 12186 10/4/2006 154.78 12187 10/4/2006 124.96 12188 10/4/2006 88.56 12189 10/4/2006 172.35 12190 10/4/2006 616.29 12191 10/4/2006 213.86 12192 10/4/2006 6,795.88 12193 10/4/2006 144.80 12194 10/4/2006 189.70 12195 10/4/2006 118.58 12196 10/4/2006 4,062.50 12197 10/4/2006 38.3 12198 10/4/2006 82.26 12199 10/4/2006 83.94 12200 10/4/2006 70.05 12201 10/4/2006 83.94 12202 10/4/2006 120.28 12203 10/4/2006 360.53 12204 10/4/2006 392.10 12205 10/4/2006 461.29 12206 10/4/2006 268.03 12207 10/4/2006 43.34 12208 10/4/2006 202.68 12209 10/4/2006 95.87' 12210 10/4/2006 229.65 12211 10/4/2006 440.00 12212 10/4/2006 325.00 12213 10/4/2006 237.50 12214 10/4/2006 662.50 12215 10/5/2006 2,400.00 Total 23,117.31 Total 482,684.26 PAYROLL Pay period Start Date End Date Check Date 287 9/12/2006 9/25/2006 10/4/2006 Total 792,979.63 GRAND TOTAL 1,275,663.89 TRANSIT WARRANTS CHECKS 211025-211043 CKS 19 TOTAL $69,919.47 City of National City Warrant Register # 15 10/10/2006 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBLIC LIBRARY FUND 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 188 GRANT- HIDTA 191 STOP PROJECT` 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 241 NATIONAL CITY LIBRARY STATE GRANT 242 N. CITY LIBRARY MATCHING FUND 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 273 CBAG-MAJOR MEXICAN TRAFFICKERS 282 REIMBURSABLE GRANTS CITYWIDE 291 AMERICORPS CNCS YEAR 3 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 348 STATE GRANT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS Total 852,830.99 26,814.66 20,758.41 3,181.81 1,790.29 18,635.78 595.70 2,736.68 1,685.05 1,013.68 5,780.72 1,485.12 7,757.17 3,501.92 1,433.85 434.52 34,808.98 30,494.00 8,123.07 3,082.61 787.11 1,477.62 2,915.72 17,673.40 27,793.34 13,823.15 4,182.64 180.00 69,919.47 23,791.80 28,513.70 6,996.04 3,558.14 7,671.00 13,392.11 13,333.79 " 12,247.80 462.05 1,275,663.89 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 & I IVLSTG JT OFFICER q FINANCE COMMITTEE CITY MANAGER NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARAI'E, 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 21ST OF NOVEMBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT NOVEMBER 21, 2006 22 MEETING DATE AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER # 16 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 4,Vu EXPLANATION Ratification of Warrant Register # 16 per Government Section Code 37208. Environmental Review _ N/A Financial Statement Not applicable. Approved By: c tw )` Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 706,539.33 BOARD / COMMISSION ECOMME ATTACHMENTS ( Listed Below ) ATION Gvtc 4(G-60-€4../ 1. Warrant Register#16 2. Workers Comp Warrant Registers dated 10/11/06 Resolution No. A-200 (9/80) Payee ACCOUNTEMPS ACCOUNTEMPS ARC ERGONOMICS ARCO GASPRO PLUS BOOT WORLD CAPE 4 CITY MGMT FOUNDATION CA COMMERCIAL SECURITY CA ELECTRIC SUPPLY CA LAW ENFORCEMENT CARQUEST AUTO PARTS CHRISTMAS IN JULY CHRISTMAS IN JULY CINGULAR WIRELESS CLEAN HARBORS CORPORATE EXPRESS COUNTY OF SAN DIEGO D PEARCE/ RPM WELDING DELTA DENTAL .,ELTACARE (PMI) DIXIELINE LUMBER CO. City of National City WARRANT REGISTER # 16 10/17/2006 Description TEMP SVCS M REBELEZ W/E 09/15/06 TEMP SVCS M REBELEZ W/E 09/22/06 6000 SERIES CHAIR FUEL FOR CITY FLEET MOP 64096 - SAFETY BOOTS - DIAZ FIRE/LTD OCT 2006 CCME MEMBERSHIP/LIN WURBS MOP 45754 - PADLOCK MOP 45698 - VOLT COIL PD/LTD OCT 2006 MOP 47557 - BRAKE ROTOR OCT RENTAL FEES FOR 2032 B AVE NOV RENTAL FEES FOR 2032 B AVE CINGULAR DATA VOICE 619-607-5026 HAZARDOUS WASTE PICK UP MOP 45704 OFFICE SUPPLIES HAZARDOUS MATRL HEALTH PERMIT MOP 45749 - LAS PALMAS SECURITY DENTAL INS OCT 2006 DENTAL INS PMI OCT 2006 MOP 45707 ADHESIVE PL400 chk no chk date amount 211044 10/17/2006 1,480.00 211045 10/17/2006 1,480.00 211046 10/17/2006 1,009.83 211047 10/17/2006 21,006.17 211048 10/17/2006 281.18 211049 10/17/2006 608.00 211050 10/17/2006 350.00 211051 10/17/2006 509.59 211052 10/17/2006 832.94 211053 10/17/2006 1,560.00 211054 10/17/2006 93.92 211055 10/17/2006 1,500.00 211056 10/17/2006 1,500.00 211057 10/17/2006 37.44 211058 10/17/2006 992.00 10/17/2006 205.78 211064 211059 211060 10/17/2006 264.00 211061 10/17/2006 917.75 211062 10/17/2006 14,361.85 211063 10/17/2006 3,367.86 71.26 10/17/2006 DIXIELINE LUMBER CO. SENCO CROWN STAPLER 1/4' 211065 10/17/2006 542.27 DREW FORD MOP 49078 - COOLANT TANK VEHICLE 211066 10/17/2006 143.31 DSL EXTREME DSL SERVICE, TO SUPPORT DONATED 211067 10/17/2006 53.88 DURRA INK MOP 46766 RISK MGT LETTERHEADS 211068 10/17/2006 82.48' ED REED STIPEND FOR BAND DIRECTOR 211069 10/17/2006 2,500,00 FEDEX LEAD GRANT POSTAGE 211070 10/17/2006 24.28 FEDEX KINKO'S CARDSTOCK, COLORED 211071 10/17/2006 239.56 FLEET SERVICES, INC MOP 67804 - BOLT/WASHER 211072 10/17/2006 36.33 GLOBAL CTI GROUP TECHNICAL SVC TO DEVELOP CAMERA 211073 10/17/2006 24,640.00 HANSON AGGR PACIFIC RS-1 EMULSION 211074 l0/17/2006 153.87 HEALTH NET HEALTH INS OCT 2006 57135A 211075 10/17/2006 60,938.76 HEALTH NET HEALTH NET 57135F OCT 2006 211076 10/17/2006 3,192.15 HEALTH NET HEALTH -ELECT INS OCT 2006 85027A 211077 10/17/2006 2,485.97 HEALTH NET HEALTH-RET INS 85027B OCT 2006 211078 10/17/2006 514.08 HEALTH NET HEALTH-RET INS 57135J OCT 2006 211079 10/17/2006 471.80 IRON MOUNTAIN RECORDS RECORDS/DOCUMENT STORAGE SVC 211080 10/17/2006 100.00 JEFFERSON PILOT FINANCIAL LIFE INS OCT 2006 211081 10/17/2006 11,019.37 KAISER HEALTH PLANS KAISER INS ACTIVE OCT 2006 211082 10/17/2006 105,431.96 KAISER HEALTH PLANS KAISER RET INS OCT 2006 211083 10/17/2006 4,465.68 KILLACKY, KEVIN 125 PLAN REIMBURSEMENT 211084 10/17/2006 894.91 KNOX ATTORNEY SVC LIABILITY CLAIM COSTS/JOANN F. 211085 10/17/2006 89.52 LASER SAVER INC MOP 45725 COMPATIBLE TONER 211086 10/17/2006 303.76 LIEBERT CASSIDY RETAINER AGREEMENT AUG 2006 211087 10/17/2006 1,300.00 LOPEZ TRANSLATION SVCS FOR 09/06/06 211088 10/17/2006 300.00 LOPEZ TRANSLATION SVCS FOR 10/04/06 211089 10/17/2006 200.00 LOPEZ TRANSLATION SVCS FOR 08/24/06 211090 10/17/2006 100.00 MANHOLE ADJ CONTRACTORS RETENTION 211091 10/17/2006 199,612.55 MARINE SERVICES INC. CYLINDER HYDRO TESTING 211092 10/17/2006 465.00 MARSHALL MUSIC BAND CONCERT MUSIC 211093 10/17/2006 408.52 2 - MARSHALL MUSIC BAND CONCERT MUSIC 211094 10/17/2006 314.94 MAYER HOFFMAN MCCANN . ANNUAL AUDIT BILLING Y/E 6/30/06 .4CGREGOR MORGAN SQUARE, INC. MULTI -BANK SERVICES LTD MURRILLO, JR. MX LOGIC, INC NATIONAL PEN NEXUS INTEGRATED N PARK TROPHY & AWARD ONE SOURCE DISTRIBUTORS PBS&J PERRY FORD PERVO TRAFFIC CENTER )WERSTRIDE BATTERY PRUDENTIAL OVERALL REGIONAL COMM SYS RICK ENGINEERING CO. ROJAS SD COUNTY HISPANIC SD NEIGHBORHOOD NEWS SBC/MCI SDG&E SOUTHERN MUSIC SOUTHERN MUSIC STRATACOM 'WEETWATER AUTHORITY 125 PLAN REIMBURSEMENT FY05-06 APPORTIONMENT #13 TRADE SETTLING SRVCS 9/07/06 LIABILITY CLAIM COSTS/MURILLO N. ANTI-SPAM FILTER SERVICE PUBLICITY ADVERTISING PENS NEC & SOFTWARE MAINTENANCE 2X10 DESK/SILVER - BLK/WH MOP 67256 - LIGHT @ CIVIC CENTER SEWER BILL/TAX ROLL ADMIN MOP 45703 - COIL MOP 63846 -SUPER STRIP GREEN MOP 67839 - BATTERIES MOP 45742 - UNIFORMS - PARKS RCS RADIO MAINTENANCE AUGUST 2006 SERVICES 125 PLAN REIMBURSEMENT SDCHCC ANNUAL MEMBER/CHRIS Z. PUBLIC SAFETY FAIR ADVERTISEMNT T-1, PHONE, ISDN LINES 619-474-8857-112 SDG&E - FACILITIES BAND MUSIC CHARGES CONCERT BAND SHEET MUSIC PRINTING OF FY06-07 BUDGET BOOKS WATER - FACILITIES SWRCB ACCOUNTING OFFICE ANNUAL STORM SENAGE FEE TAB PRODUCTS CO OFFICE SUPPLIES 211095 10/17/2006 7,500.00 - 211096 10/17/2006 999.96 211097 10/17/2006 1,517.02 211098 10/17/2006 74.05 211099 10/17/2006 768.04 211100 10/17/2006 441.00 211101 10/17/2006 180.02 211102 10/17/2006 140.00 211103 10/17/2006 85.38 211104 10/17/2006 505.32 211105 10/17/2006 8,337.50 211106 10/17/2006 327.15 211107 10/17/2006 174.56 211108 10/17/2006 497.59 211109 10/17/2006 771.34 211110 10/17/2006 8,877.50 211111 10/17/2006 31,107.32 211112 10/17/2006 943.57 211113 10/17/2006 250.00 211114 10/17/2006 308.70 211115 10/17/2006 1,146.23 211116 10/17/2006 59,703.36 211117 10/17/2006 809.03 211118 10/17/2006 53.86 211119 10/17/2006 2,109.33 211120 - 10/17/2006 27,413.23 211121 10/17/2006 4,676.00 211122 10/17/2006 244.35 TETRA TECH ISG #1 TETRA TECH ISG #1 THE LIGHTHOUSE, INC. THOMSON WEST TOPECO PRODUCTS TURF STAR UNION SECURITY INS US STERLING CAPITAL CORP VALLEY IND SPECIALTIES VERIZON WIRELESS - SD WATERLINE - PSOC WILLY'S ELECTRONIC SUPPLY WONSEY WOOD & WOOD WOOD & WOOD WOOD & WOOD WOOD&WOOD ZAMORANO AT SYSTEMS WEST INC AVAYA, INC DIXI ELINE LUMBER CO LASER SAVER INC MTS DEPOSIT#1066 VAN NESS PLAN CHECK DEPOSIT#1066 PALM AVE PLAN CHECK MOP 45726 - FUEL LEVEL SENDER LEGAL PUBLICATIONS MOP 63849 - CONNECTOR #92-5085 - UNION FILTER VTL OCT 2006 TRADE SE 1 I'LING 9/23/06 - 9/29/06 MOP 46453 PLUMBING PARTS CELL PHONE SERVICES, CITY WIDE CHEMICALS FOR MUNICIPAL POOL MOP 45763 ELECTRIC SUPPLIES ALARM PERMIT OVERPAYMENT LIABILITY CLAIM COSTS ADOLFO V CN LIABILITY CLAIM COSTS FLORES V CN LIABILITY CLAIM COSTS FRISBIE V CN LIABILITY CLAIM COSTS OFFICERS V CI, RFND OVERHEAD PROJECT/HECTOR Z. ARMORED CAR SVCS - OCTOBER '06 PHONE MESSAGING - 09/02/06 - 10/01/06 SHOP SUPPLIES INK FOR PRINTER TELEINFO SERVICES FOR FY07 PARADISE VALLEY HOSPITAL EMERGENCY SERVICES PRINCIPAL FINANCIAL GROUP 40.1K - PAYROLL PPE 09/30/06 REGIONAL COMM SYS SOUTH COAST MED CLINIC UNIFIRST USE OF 800 MHZ NETWORK RADIOS PRE -EMPLOYMENT TEST MAINTENANCE LAUNDRY SERVICE WII,LY'S ELECTRONIC SUPPLY SHOP SUPPLIES 211123 10/17/2006 750.00 211124 10/17/2006 495.00 's 211125 10/17/2006 59.52 211126 10/17/2006 384.70 211127 10/17/2006 24.74 211128 10/17/2006 114.02 211129 10/17/2006 2,261.66 211130 10/17/2006 189.86 211131 10/17/2006 398.84 211132 10/17/2006 38.16 211133 10/17/2006 2,725.80 211134 10/17/2006 108.37 211135 10/17/2006 6.00 211136 10/17/2006 11,820.05 211137 10/17/2006 6,205.84 211138 10/17/2006 2,850.00 211139 10/17/2006 1,548.50 211140 10/17/2006 267.38 211141 10/17/2006 392.89 211142 10/17/2006 46.88 211143 10/17/2006 142.61 211144 10/17/2006 41.99 211145 10/17/2006 2,335.92 211146 10/17/2006 136.85 211147 10/17/2006 2,970.16 211148 10/17/2006 609.50 211149 10/17/2006 127.00 211150 10/17/2006 74.19 211151 10/17/2006 24.95 4 BAKER & TAYLOR REFERENCE BOOKS AS NEEDED 211152 10/17/2006 273.85 BRODART BOOK PROCESSING MATERIALS 211153 10/17/2006 49.36 .;HECKPOINT SYSTEMS INC. BOOK PROCESSING SUPPLIES 211154 10/17/2006 775.80 CITY OF NATIONAL CITY OUTOF STATE SALES TAX 211155 10/17/2006 4.05 DYNIX INC. PATRON AND ITEM BARCODES. 211156 10/17/2006 473.60 OMNIGRAPHICS, INC. TEEN MENTAL HEALTH 2ND EDITION 211157 10/17/2006 55.85 SCHOLASTIC INC. BOOKS READING IS FUNDAMENTAL 211158 10/17/2006 995.50 SOFTCHOICE CORP. ANTI -VIRUS SOFTWARE 211159 10/17/2006 3,868.23 THE SHOPPER, INC. PROCESSING SUPPLIES FOR DVD'S 211160 10/17/2006 1,076.39 THOMSON GALE REFERENCE BOOKS/CONTINUATIONS 211161 10/17/2006 1,544.37 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 211162 10/17/2006 300.00 UNIVERSITY PRODUCTS INC. PRESERVATION MATERIALS 211163 10/17/2006 128.48 ARCHER TRAVEL (AMERICORPS/LSTA Y-4) 211164 10/17/2006 254.81 BROADCAST MEDIA CENTER EXPERT SERVICES (LIT. INIT. XV) 211165 10/17/2006 595.00 kTHAY RETA STATE LIBRARY CONTRACT 211166 10/17/2006 4,000.00 CINGULAR WIRELESS WINGS CELL PHONE. 211167 10/17/2006 76.19 CORDOVA TRAVEL (AMERICORPS/LSTA Y-4) 211168 10/17/2006 351.68 CORPORATE EXPRESS MAT. & SUPPLIES (LIT. SVCS. Y-4) 211169 10/17/2006 208.76 COX ` TRAVEL (AMERICORPS/CNCS Y-3) 211170 10/17/2006 CRUZ TRAVEL (LIT. INIT. XV) 211171 10/17/2006 DEERING TRAVEL (AMERICORPS/CNCS Y-3) 211172 10/17/2006 EASTMAN TRAVEL (AMERICORPS/LSTA Y-4) 211173 10/17/2006 EDUCATORS PUBLISHING SVC SPELLING DICTIONARY 211174 10/17/2006 EH R I C H TRAVEL (AMERICORPS/LSTA Y-4) FEDEX POSTAGE (AMERICORPS/LSTA Y-4) GOODYEAR TRAVEL (AMERICORPS/LSTA Y-4) "U I L L EN TRAVEL (AMERICORPS/CNCS Y-3) JACKIE CLARY TRAVEL (AMERICORPS/LSTA Y-4) JON ES TRAVEL (AMERICORPS/CNCS Y-3) 211180 10/17/2006 64.75 224.24 26.70 76.62 81.40 211175 10/17/2006 233.00 211176 10/17/2006 182.74 211177 10/17/2006 109.47 211178 10/17/2006 63.19 211179 10/17/2006 199.60 24.48 KERR TRAVEL (AMERICORPS/CNCS Y-3) 211181 10/17/2006 85.44 LEGASPI TRAVEL (AMERICORPS/LSTA Y-4) 211182 10/17/2006 111.17 LUA-CORDOVA TRAVEL (AMERICORPS/CNCS Y-3) 211183 10/17/2006 416.52 LYNNE PRICE TRAVEL (AMERICORPS/LSTA Y-4) 211184 10/17/2006 59.82 MARISCAL TRAVEL (AMERICORPS/LSTA Y-4) 211185 10/17/2006 367.34 MILLER TRAVEL (AMERICORPS/LSTA Y-4) 211186 10/17/2006 129.09 MONTANO TRAVEL (AMERICORPS/LSTA Y-4) 211187 10/17/2006 33.82 NAVARRO TRAVEL (AMERICORPS/LSTA Y-4) 211188 10/17/2006 118.60 NEWSOM TRAVEL (AMERICORPS/CNCS Y-3) 211189 10/17/2006 45.48 NOLAN TRAVEL (AMERICORPS/LSTA Y-4) 211190 " 10/17/2006 782.98 O'HARA TRAVEL (AMERICORPS/LSTA Y-4) 211191 10/17/2006 660.37 OFFICE SUPPLIES PLUS HP BANNER PAPER. 211192 10/17/2006 68.51 ORTEGA TRAVEL (AMERICORPS/CNCS Y-3) 211193 10/17/2006 136.62 OXFORD UNIVERSITY PRESS OXFORD PICTURE DICTIONARY MONOL 211194 10/17/2006 420.86 PALATO TRAVEL (AMERICORPS/CNCS Y-3) 211195 10/17/2006 27.59 PEARTREES CATERING INC. TRAVEL (AMERICORPS/LSTA Y-4) 211196 10/17/2006 738.09 PIM LNTEL TRAVEL (AMERICORPS/CNCS Y-3) 211197 10/17/2006 127.27 ROB INSON TRAVEL (AMERICORPS/CNCS Y-3) 211198 10/17/2006 57.41 SARM I ENTO TRAVEL (AMER1CORPS/LSTA Y-4) 211199 10/17/2006 104.13 SCUM I DT TRAVEL (AMERICORPS/CNCS Y-3) 211200 10/17/2006 48.95 SHUMATE TRAVEL (AMERICORPS/CNCS Y-3) 211201 10/17/2006 249.26 SPRINT VIDEO CONFERENCING, LONG DISTANC: 211202 10/17/2006 28.98 STRATEGIC RESOURCE COMPAI\ AMERICORPS HEALTHCARE 211203 10/17/2006 1,104.00 U.S. POSTMASTER POSTAGE FOR STATE LIBRARY 211204 10/17/2006 830.00 WILLIAMS TRAVEL (AMERICORPS/LSTA Y-4) 211205 10/17/2006 384.35 WILSON TRAVEL (AMERICORPS/LSTA Y-4) 211206 10/17/2006 120.60 WOODSON TRAVEL (AMERICORPS/LSTA Y-4) 211207 10/17/2006 295.04 YOUNG TRAVEL (AMERICORPS/LSTA Y-4) 211208 10/17/2006 96.66 Total $694,534.37 6 Workers compensation checks 12216 10/11/2006 83.94 12217 10/11/2006 9.25 12218 10/11/2006 62.17 12219 10/11/2006 495.00 12220 10/11/2006 495.00 12221 10/11/2006 675.00 12222 10/11/2006 325.99 12223 10/11/2006 825.09 12224 10/11/2006 180.67 12225 10/11/2006 27.84 12226 10/11/2006 27.84 12227 10/11/2006 180.67 12228 10/11/2006 319.81 12229 10/11/2006 502.03 12230 10/11/2006 85.29 12231 10/11/2006 236.56 12232 10/11/2006 37.98 12233 10/11/2006 104.98 12234 10/11/2006 614.84 12235 10/11/2006 83.94 12236 10/11/2006 94.41 12237 10/11/2006 109.98 12238 10/11/2006 266.10 12239 10/11/2006 313.60 12240 10/11/2006 59.29 12241 10/11/2006 52.25 12242 10/11/2006 289.47 12243 10/11/2006 62.74 12244 10/11/2006 183.67 TRANSIT WARRANTS LIBRARY WARRANTS Total 12245 10/11/2006 241.51 12246 10/11/2006 256.47 12247 10/11/2006 78.42 12248 10/11/2006 47.60 12249 10/11/2006 180.96 12250 10/11/2006 400.00 12251 10/11/2006 314.29 12252 10/11/2006 400.00 12253 10/11/2006 400.00 12254 10/11/2006 10.71 12255 10/11/2006 34.94 12256 10/11/2006 32.30 12257 10/11/2006 1,074.86 12258 10/11/2006 4.45 12259 10/11/2006 304.07 12260 10/11/2006 1,418.98 $12,004.96 Grand Total CHECKS 211141-211151 CKS 11 TOTAL $6,902.94 CHECKS 211152-211208 CKS 109 TOTAL $24,404.16 706,539.33 City of National City WARRANT REGISTER #16 10/17/2006 001 GENERAL FUND 232,390.51 104 LIBRARY FUND 3,901.90 105 PARKS MAINTENANCE FUND 118.41 108 LIBRARY CAPITAL OUTLAY 4,644.03 109 GAS TAXES FUND 189,564.36 125 SEWER SERVICE FUND 13,355.70 172 TRASH RATE STABILIZATION FUND 992.00 246 WINGS GRANT 73.01 254 LEAD -BASED PAINT HAZARD REDUC 3,113.84 277 NC PUBLIC LIBRARY DONATIONS F 995.50 288 PRIME TIME II 830.00 291 AMERICORPS CNCS YEAR 3 2,477.66 301 GRANT-C.D.B.G. 120.06 302 CDC PAYMENTS 20,609.61 307 PROPOSITION A" FUND 41,155.51 320 LIBRARY GRANTS 11,040.91 552 TDA 6,902.94 626 FACILITIES MAINT FUND 60,181.11 627 LIABILITY INS. FUND 36,516.04 628 GENERAL SERVICES FUND 142.78 629 INFORMATION SYSTEMS MAINTENA 25,167.82 630 OFFICE EQUIPMENT DEPRECIATION 8,877.50 631 TELECOMMUNICATIONS REVOLV1 1,415.71 632 GENERAL ACCOUNTING SERVICES 8,511.22 643 MOTOR VEHICLE SVC FUND 22,711.10 724 COBRA/R.ETIREE INSURANCE 9,485.10 726 ENGINEERING/PUBLIC WORKS T & A 1,245.00 TOTAL 706,539.33 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DI 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 21ST OF NOVEMBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT December 5, 2006 23 MEETING DATE AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER # 17 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 17 per Government Section Code 37208. Environmental Review _ N/A Financial Statement Not applicable. Approved By: An. Finance' Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,283,791.28 BOARD / COMMISSION RECO�VIMENDATI.N e delf-61e1 ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#17 2. Workers Comp Warrant Registers dated 10/18/06 3. Payroll register dated 10/18/06 A-200 (9/80) PAYEE ACCOUNTEMPS AGUILERA AMEDEE AMERICAN ROTARY BROOM AUSTIN DOORS BANK OF AMERICA "LACKIE'S TROPHIES & AWARDS BOOT WORLD CA COMMERCIAL ASPHALT CA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CAPPO CONFERENCE CAROLINES FLOWERS CARQUEST AUTO PARTS CHEVRON USA, INC. CORPORATE EXPRESS COUNTY OF SAN DIEGO COURTYARD BY MARRIOTT CWEA MAX ENGINEERING INC DAPPER TIRE COMPANY City of National City WARRANT REGISTER # 17 10/24/2006 DESCRIPTION TEMP SRVCS REBELEZ W/E 9/29/06 DEPOSIT #547 721 J AVENUE REIMB FOR LODGING/AMEDEE W. MOP 62683 - SWEEPER REPAIRS CITY-WIDE DOOR REPAIRS MISC CHGS/ACCT 4024421000318875 MOP 67727 NAME TAGS MOP 64096 -BOOTS -GONZALEZ ASPHALT MOP 45754 - PLAYHOUSE & STOCK MOP 45698 - BULB/DRILL CAPPO CONF REGISTRATION 2007 FLOWERS - MORRISON FAM MOP 47557 - DISC PAD VEHICLE #428 MOP 45699 - FUEL MOP 45704 TONER CTRG/DRUM PERMIT RENEWAL FOR 06/07 ADV LODGING/STRASEN W TRAINING-GEN WASTE DISCHARGE SEPT 19-30, 2006 SERVICES TIRES FOR CITY FLEET CHK NO DATE 211209 10/24/2006 211210 10/24/2006 211211 10/24/2006 211212 10/24/2006 211213 10/24/2006 211214 10/24/2006 211215 10/24/2006 211216 10/24/2006 211217 10/24/2006 211218 10/24/2006 211219 10/24/2006 211220 10/24/2006 211229 10/24/2006 AMOUNT 1,480.00 200.00 124.00 789.58 1,284.00 6,000.00 32.33 87.26 583.23 339.69 413.84 495.00 211221 10/24/2006 108.75 211222 10/24/2006 289.02 211223 10/24/2006 47.46 211224 10/24/2006 949.72 211225 10/24/2006 245.00 211226 10/24/2006 516.00 211227 10/24/2006 85.00 211228 10/24/2006 12,012.38 241.34 DAY REIMB/SCHOOL EXP/DAY, JEREMY 211230 10/24/2006 369.32 DEMCO INC. BOOK PROCESSING SUPPLIES 211231 10/24/2006 127."y_ DIXIELINE LUMBER CO. MOP 45707 SHOVELS/CLEANER 211232 10/24/2006 219.27 DOHENY'S WATER WAREHOUSE LOUNGE CHAISE, WHITE 211233 10/24/2006 695.92 DREW FORD MOP 49078 - SWITCH VEH #320 211234 10/24/2006 65.61 ENVIRONMENTAL HAZARDS SVCS LEAD WIPE SAMPLES/EHS PROJECTS 211235 10/24/2006 324.00 ENVIRONMENTAL HAZARDS SVCS LEAD WIPE SAMPLES/EHS PROJECTS 211236 10/24/2006 120.00 ENVIRONMENTAL HAZARDS SVCS LEAD WIPE SAMPLES/EHS PROJECTS 211237 10/24/2006 84.00 ESGIL CORPORATION PLAN CHECK SRVCS 9/01/106 - 9/30/06 211238 10/24/2006 21,622.12 EXPERIAN CREDIT CKS FOR NEW PD EMP 211239 10/24/2006 10.24 FIFIELD REIMB FOR TUITION/FIFIELD, KEITH 211240 10/24/2006 39.00 FIRE ETC #5037 - NUT UNBALANCED 211241 10/24/2006 141.69 FLAGHOUSE INC. TENNIS TABLE - FORTRESS MODEL 211242 10/24/2006 1,857.45 FLEET SERVICES, INC MOP 67804 - UNIVERSAL JOINT 211243 10/24/2006 178.7& FROMEX PHOTO & STUDIO MOP 67534 DVD TRANSF/DUP 211244 10/24/2006 269.1, G & A AUTO AIR CONDITIONING COMPRESSOR COIL 211245 10/24/2006 68.72 GALVAN RFND OF PARCEL MAP FEES 211246 10/24/2006 3,301.00 GEORGE H WATERS NUTRITION CNTR RALLY BREAKFAST/LUNCH SEP'06 211247 10/24/2006 2,155.00 GRAINGER MOP 65179 SHOP/TOOLS 211248 10/24/2006 298.29 GROSSMAN PSYCHOLOGICAL ASSOC. ASSISTANCE PROGRAM/OCT-DEC 06 211249 10/24/2006 2,457.50 HODGES REIMB/TRAV EXP/HODGES, BRENDA 211250 10/24/2006 308.06 HODGES REIMB/CONF REG/HODGES, BRENDA 211251 10/24/2006 59.00 HODGES REIMB/MILEAGE/HODGES; B 7/01/06 - 211252 10/24/2006 45.39 HORIZON HEALTH EAP EMPLOYEE ASST PROGRAM OCT'06 211253 10/24/2006 816.24 HUNTER'S NURSERY INC. MOP 45719 - TREES 211254 10/24/2006 158.23 HYDRO-SCAPE PRODUCTS INC. MOP 45720 - ROTOR 211255 10/24/2006 937.03 IKON OFFICE SOLUTIONS MAINTENTANCE FOR DUPLICATOR 211256 10/24/2006 125. JUAN SALUDES REPLACE DIRECT DEPOSIT/SALUDES 211257 10/24/2006 27.37 LASER SAVER INC MOP 45725 TONER CATRDG COMP 211258 10/24/2006 183.07 2 LEXIS-NEXIS LEXIS-NEXIS ONLINE CHARGS SEP'06 211259 10/24/2006 132.91 ,PEZ TRANSLATION SVCS 10/17/06 211260 10/24/2006 100.00 MAN K-9 INC. MAINTENANCE TRAINING/SEPT 06 211261 10/24/2006 600.00 MASON'S SAW & LAWNMOWER SRVC MOP 45729 - SAW CHAIN 211262 10/24/2006 413.27 METRO FIRE EQUIPMENT ANNUAL FIRE EXTINGUISHER SVC 211263 10/24/2006 495.03 N & U TRUCKS & AUTO RECYCLING MATERIAL (INVOICE #1-34822) 211264 10/24/2006 290.00 NAPA AUTO PARTS MOP 45735 - PRO STEP 211265 10/24/2006 330.20 NATIONAL CITY AUTO TRIM REPAIR SEAT - VEHICLE #367 211266 10/24/2006 269.37 NATIONAL CITY CAR WASH CAR WASHES FOR CITY FLEET 211267 10/24/2006 312.00 NATIONAL CITY DETAIL SHOP MOP 45737 - DETAIL VEH #437 211268 10/24/2006 260.00 OFFICE TEAM 1'EMP SRVCS HARROD J W/E 9/22/06 211269 10/24/2006 924.00 PACIFIC AUTO REPAIR PARTS (NON-TAXABLE) 211270 10/24/2006 125.15 PARTS PLUS AUTOSTORE #713 MOP 64946 - BEARINGS VEHICLE #295 211271 10/24/2006 46.98 ' RRY FORD MOP 45703 - PUMP VEHICLE #345 211272 10/24/2006 1,219.98 PROTECT AMERICA INC. ALARM MONITORING 211273 10/24/2006 29.95 PRUDENTIAL OVERALL SUPPLY MOP 45742 UNIFORMS PARKS 211274 10/24/2006 252.24 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 10-06-3 211275 10/24/2006 210,196.52 RON BAKER CHEVROLET-GEO-ISUZU MOP 4575 -PRESSURE GAUGES 211276 10/24/2006 308.80 S.D. COUNTY SHERIFF'S DEPT. BOOKING FEES/JUL-SEP 06 211277 10/24/2006 47,894.00 SAN DIEGO COUNTY BAR ASSOC 2007 SAN DIEGO C.B.A.M.D./SILVA C. 211278 10/24/2006 180.00 SAN DIEGO COUNTY BAR ASSOC 2007 SAN DIEGO C.B.A.M.D./EISER G. 211279 10/24/2006 165.00 SMART & FINAL MOP 45756 RALLY EXPENSES 211280 10/24/2006 106.39 SOUTHERN CALIF TRUCK STOP MOP 45758 - SULFUR VH #373 211281 10/24/2006 164.00 SOUTHWEST SIGNAL SERVICE, INC. TRAFFIC SIGNAL & STREET LIGHTING 211282 10/24/2006 6,499.20 STILES REIMB/SCHOOL EXP/STILES JAMES 211283 10/24/2006 651.56 SWEETWATER INN RFND/DOUBLE PAYMENT OF TOT 211284 10/24/2006 4,537.38 . MPRO, INC. SOFTWARE & MAINTENANCE 211285 10/24/2006 4,051.13 THE LIGHTHOUSE, INC. MOP 45726 - FUSES 211286 10/24/2006 313.21 THE STAR NEWS THEOBALD THOMPSON PUBLISHING GROUP INC TIEMAN TOM MOYNAHAN TOPECO PRODUCTS TRIVIZ UNION TRIBUNE PUBLISHING CO VALLEY DETROIT DIESEL ALLISON VALLEY INDUSTRIAL SPECIALTIES WESTERN CITY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZAMUDIO ARCO GASPRO PLUS BAYSHORE TRANSIT MGMT INC BAYSHORE TRANSIT MGMT INC BOARD OF EQUALIZATION BOOT WORLD BUCK PETROLEUM CO COLORALL TECHNOLOGIES CORPORATE EXPRESS CUMMINS CAL PACIFIC, LLC DHL EXPRESS (USA) INC. DIXIELINE LUMBER CO FIRST ADVANTAGE CORPORATION FIRST ADVANTAGE CORPORATION FLEET SERVICES, INC LEGAL ADVERTISING/P.C.MEETING EXPERT SERVICES (LIT. INIT. XV) 2007 RENEW/FAIR LABOR HANDBK REIMB/PARAMEDIC CERT/TIEMAN MOP 45734 - TOWING IMPALA MOP 63849 - NUTS/WASHERS ADV MEALS/TRIVIZ, RANDAL AD ADMINIST SECRETARY TROUBLE SHOOTING NOISE MOP 46453 - PLUMBING. PARTS ADVERTISING/DIRECTOR OF HR MOP 63850 - PUMP HOSE MOP 45763 SPIKE/SURGE DEPOSIT #757 720 I AVE FUEL FOR STAFF VEHICLES PAYROLL FOR CK DATED 10/20/06 PAYROLL FOR CK DATED 10/20/06 BOARD OF EQUALIZATION 3RD QTR SHOES. BOJORQUEZ, HUGO MOTOR OIL & LUBRICANTS BUS REPAIRS OFFICE SUPPLIES BUS PARTS SHIPPING CHARGES SHOP SUPPLIES RANDOMS BACKGROUND CHECK AUTO PARTS 211287 10/24/2006 666.27 211288 10/24/2006 1,231. 211289 1.0/24/2006 423.50 211290 10/24/2006 17.00 211291 10/24/2006 124.00 211292 10/24/2006 103.81 211293 10/24/2006 108.00 211294 10/24/2006 604.31 211295 10/24/2006 93.00 211296 10/24/2006 1,504.41 211297 10/24/2006 895.00 211298 10/24/2006 79.85 211299 10/24/2006 170.49 211300 10/24/2006 6,000'' 211301 10/24/2006 523.30 211302 10/24/2006 49,469.76 211303 10/24/2006 366.95 211304 10/24/2006 370.70 211305 10/24/2006 123.16 211306 10/24/2006 673.70 211307 10/24/2006 775.00 211308 10/24/2006 208.59 211309 10/24/2006 601.30 211310 10/24/2006 . 115.44 211311 10/24/2006 78.72 211312 10/24/2006 420.00 211313 10/24/2006 98.1 z 211314 10/24/2006 297.21 JANKOVICH COMPANY KAMAN INDUSTRIAL TECHNOLOGIES ,aiYERS TIRE SUPPLY COMPANY NAPA AUTO PARTS NATL CITY CHAMBER OF COMMERCE NEW FLYER PARTS PRINCIPAL FINANCIAL GROUP SAFETY-KLEEN SYSTEMS, INC. SAN DIEGO COUNTY SHERIFF SBC THE STAR NEWS UNIFIRST W.W. GRAINGER, INC. WEBSTER PATA Workers compensation checks DIESEL FUEL 001 AER A-2807-12FJ-12FJ-12-23.5 EQUAL "B" PLUS CORE 10 OZ AUTO PARTS ADVERTISING -SALUTE TO NAVY BUS PARTS ANNUAL CONTRACT CHARGES WASTE REMOVAL PPE09/30/06 GARNISH. ALCANTAR PHONE SERVICE - OCT 5 TO NOV 4 SUBSCRIPTION RENEWAL MAINTENANCE LAUNDRY SVC SHOP SUPPLIES TRAVEL EXPENSE REIMBURSEMENT MISC REIMBURSEMENT Total 211315 10/24/2006 211316 10/24/2006 211317 10/24/2006 211318 10/24/2006 211319 10/24/2006 211320 10/24/2006 211321 10/24/2006 211322 10/24/2006 211323 10/24/2006 211324 10/24/2006 211325 10/24/2006 211326 10/24/2006 211327 10/24/2006 211328 _ 10/24/2006 211329 10/24/2006 12261 10/18/2006 12262 ' 10/18/2006 12263 10/18/2006 12264 10/18/2006 12265 10/18/2006 12266 10/18/2006 12267 10/18/2006 12268 10/18/2006 12269 10/18/2006 12270 10/18/2006 12271 10/18/2006 15,217.79 20T.10 586.52 718.45 300.00 550.36 5,643.28 2,670.85 170.00 400.32 25.00 1,616.55 70.08 1,298.25 204.89 440,072.01 33.25 221.16 408.01 198.00 176.00 88.00 88.00 154.00 110.00 132.00 35.70 12272 10/18/2006 59.29 12273 10/18/2006 58g z' 12274 10/18/2006 83.94 12275 10/18/2006 83.94 12276 10/18/2006 59.29 12277 10/18/2006 130.01 12278 10/18/2006 203.39 12279 10/18/2006 75.20 12280 10/18/2006 817.14 12281 10/18/2006 22.89 12282 10/18/2006 240.00 12283 10/18/2006 440.00 Total 4,448.92 Total 444,520. PAYROLL Pay period Start Date End Date Check Date 288 9/26/2006 10/9/2006 10/18/2006 Total 839,270.35 Grand Total 1,283,791.28 TRANSIT WARRANTS CHECKS 211301-211328 CHECKS 28 TOTAL $83,590.50 6 City. of National City Warrant Register # 17 10/24/2006 001 GENERAL FUND 894,037.01 104 LIBRARY FUND 31,200.42 105 PARKS MAINTENANCE FUND 18,393.06 109 GAS TAXES FUND 3,181.80 111 P.O.S.T. FUND 624.00 120 PLAN CHECKING REVOLVING FUND 21,622.12 125 SEWER SERVICE FUND 30,119.60 130 EMT-D REVOLVING FUND 1,037.88 154 STATE PUBLIC LIBRARY FUND 2,981.78 171 LIBRARY SCHOOL DISTRICT CNTRCT 594.72 172 TRASH RATE STABILIZATION FUND 1,685.05 173 NATIONAL SCHOOL DIST CONTRACT 1,081.12 174 SWEETWATER SCHOOL DIST CONTRAC 5,333.05 188 GRANT - HIDTA 1,485.12 191 STOP PROJECT 7,909.31 230 ABANDONED VEHICLE ABATEMENT GRANT 1,837.12 246 WINGS GRANT 29,229.12 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 8,486.56 273 CBAG-MAJOR MEXICAN TRAFFICKERS 3,503.68 291 AMERICORPS CNCS YEAR 3 3,349.34 294 HUD HEALTHY HOMES GRANT 2,915.73 301 GRANT-C.D.B.G: 10,064.99 302 CDC PAYMENTS 27,476.57 307 PROPOSITION A" FUND 5,418.18 320 LIBRARY GRANTS 4,942.48 552 TDA 83,590.50 626 FACILITIES MAINT FUND 23,024.77 627 LIABILITY INS. FUND 8,071.09 628 GENERAL SERVICES FUND 4,566.42 629 INFORMATION SYSTEMS MAINTENANC 7,838.83 631 TELECOMMUNICATIONS REVOLVING 1,823.09 632 GENERAL ACCOUNTING SERVICES 14,369.75 643 MOTOR VEHICLE SVC FUND 15,797.02 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 6,200.00 Total 1,283,791.28 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. � FINANCE D CTOR' 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 5th OF DECEMBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT December5, 2006 MEETING DATE AGENDA ITEM NO. 24 ITEM TITLE WARRANT REGISTER # 18 PREPARED BY Finance DEPARTMENT City Manager Lin Wurbs 619-336-4240 EXPLANATION Ratification of Warrant Register # 18 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants fora total of $ 198,941.77 BOARD / COMMISSION REC 2 MMENDATION ATTACHMENTS ( Listed Below) 1. Warrant Register#18 2. Workers Comp Warrant Registers dated 10/25/06 Resolution No. A-200 (9/80) Payee City of National City WARRANT REGISTER # 18 Description 10/31/2006 LEAGUE OF CALIFORNIA CITIES SEMINAR REGISTRATION/CONDON D. BOARD OF EQUALIZATION UNITED STATES TREASURY EDWARD TEYSSIER TRUST ACCT EDWARD TEYSSIER TRUST ACCT ACCOUNTEMPS CCOUNTEMPS ACEDO ALLEN BATTERY SPECIALTIES BEST BEST & KRIEGER LLP BEST BEST & KRIEGER LLP BOYD BRUCE W MADISON C W REED JR CITY OF NATIONAL CITY CITY OF NATIONAL CITY CLAIMS MGMT ASSOCIATES SALE & USE TAX 3RD QTR 2006 3 QTR2006-941 /95-6000749 LIABILITY CLAIM COSTS/MYRSETH V D. LIABILITY CLAIM COSTS/MYRSETH V D TEMP SRVCS REBELEZ W/E 10/13/06 TEMP SRVCS REBELEZ W/E10/06/06 RETIREE HEALTH BENEFITS NOV'06 RETIREE HEALTH BENEFITS NOV'06 DRY CELL BATTERIES LIAB CLAIM COSTS/HUNTER V CNC LIAB CLAIM COSTS/LOVE V CNC RETIREE HEALTH BENEFITS NOV'06 RETIREE HEALTH BENEFITS NOV'06 RETIREMENT 2000964-S90 NOV'06 PETTY CASH SEP 30, 2006 PETTY CASH OCT 23, 2006 LIAB CLAIM COST/WAITMAN VS NC CONSTRUCTION ELECTRONICS MAINT CONTRACT FOR OCT 2006 JRPORATE EXPRESS COUNTY OF SAN DIEGO MOP 4.5704 OFFICE SUPPLY NOV 7, 2006 ELECTION COSTS 211347 211348 211349 211350 chk no chk date amount 211330 10/26/2006 430.00 211331 10/30/2006 3,824.00 211332 10/30/2006 74.74 211333 10/31/2006 11,200.00 211334 10/31/2006 409.60 211335 10/31/2006 1,480.00 211336 10/31/2006 1,369.00 211337 10/31/2006 160.00 211338 10/31/2006 125.00 211339 10/31/2006 105.51 211340 10/31/2006 14,659.49 211341 10/31/2006 481.24 211342 10/31/2006 145.00 211343 10/31/2006 140.00 211344 10/31/2006 1,016.02 211345 10/31/2006 1,152.66 211346 10/31/2006 368.90 461.50 843.55 157.61 8,967.00 10/31/2006 10/31/2006 10/31/2006 10/31/2006 COURTYARD BY MARRIOTT ADV LODGING/TRIVIZ, RANDAL 211351 10/31/2006 516.00 CSMFO CSMFO MEMBERSHIP/LIMFUECO T. 211352 10/31/2006 100. CUTTING EDGE TRAINING ADV REGISTRATION/JEFF ETZLER 211353 10/31/2006 159.00 DALEY & HEFT LLP LIABILITY CLAIM COSTS/JONAH SCI 211354 10/31/2006 527.00 DEFRATIS RETIREE HEALTH BENEFITS NOV'06 211355 10/31/2006 120.00 DICERCHIO RETIREE HEALTH BENEFITS NOV'06 211356 10/31/2006 70.00 DIEHL EVANS & COMPANY LLP GOV TAX SEMINAR/MENDOZA T. 211357 10/31/2006 225.00 DREDGE RETIREE HEALTH BENEFITS NOV'06 211358 10/31/2006 250.00 ENTERPRISE GROUP COPY PAPER 211359 10/31/2006 1,803.47 EWERT, PHILLIP RETIREE HEALTH BENEFITS NOV'06 211360 10/31/2006 160.00 FEDEX GOVERNMENTAL EXPENSES 211361 10/31/2006 39.88 FIRE ETC THERMOPLASTIC HOSE 211362 10/31/2006 5,890.69 GEORGE WATERS NUTRITION BOXED LUNCHES FOR VOLUNTEERS 211363 10/31/2006 450.00 GRAINGER PROPANE EQUNALENT, 50% LEL, 211364 10/31/2006 502.1-' HAMILTON RETIREE HEALTH BENEFITS NOV'06 211365 10/31/2006 100.00 HOLLOWAY RETIREE HEALTH BENEFITS NOV'06 211366 10/31/2006 150.00 HOME DEPOT/GECF STREET CLEANING SUPPLIES/BLDG 211367 10/31/2006 263.49 I.M.P.A.C. GOVERNMENT SVCS CALCARD CHGS-PEPPER PARK CONCERT 211368 10/31/2006 377.13 INFRASTRUCTURE ENG DEPOSIT#930 CYPRS GLEN CONDOS 211369 10/31/2006 971.57 JONES RPLC WC CK#10429 -STALE DT/ JONES D 211370 10/31/2006 370.00 JONES RPLC WC CK#10508-STALE DT /JONES D 211371 10/31/2006 370.00 JOSEPHSON INST OF ETHICS ADV TUITION/LANNY ROARK 211372 10/31/2006 395.00 KIMBLE RETIREE HEALTH BENEFITS NOV'06 211373 10/31/2006 300.00 KOLANDA RETIREE HEALTH BENEFITS NOV'06 211374 10/31/2006 135.00 LASER SAVER INC MOP 45725 HP 45A INKJET COMP 211375 10/31/2006 43.39 LEACH ADV TRAV & SUBSISTENCE/LEACH, D. 211376 10/31/2006 1,191.9Q. LOEWS ANNAPOLIS HOTEL HUD GRANTEE-LODING SERRANO/BOLLING 211377 10/31/2006 349.44 LOPEZ TRANSLATION SVCS ON 10/24/06 211378 10/31/2006 100.00 2 MATIENZO RETIREE HEALTH BENEFITS NOV'06 211379 10/31/2006 100.00 'CABE RETIREE HEALTH BENEFITS NOV'06 211380 10/31/2006 280.00 MEDTRONIC OFFICE SUPPLIES 211381 10/31/2006 105.07 METRO JPA-C/O PADRE DAM ANNUAL FEES/T.A.C. 211382 10/31/2006 21,538.00 MJC CONSTRUCTION PARADISE CREEK PROJ CONSTRUCTION 211383 10/31/2006 11,692.08 MORE DIRECT COLOR IMAGE SCANNER 211384 10/31/2006 63..08 MURRAY, JOHN RETIREE HEALTH BENEFITS NOV'06 211385 10/31/2006 150.00 MYERS RETIREE HEALTH BENEFITS NOV'06 211386 10/31/2006 140.00 N C CHAMBER OF COMMERCE CITY ENHANCEMENT FUND OCT 2006 211387 10/31/2006 3,750.00 N C CHAMBER OF COMMERCE CITY ENHANCEMENT FUND SEP 2006 N C CHAMBER OF COMMERCE NAVY APPRECIATION LUNCHEON NAPA AUTO PARTS MOP 45735 AIR FILTER NOSAL, WILLIAM A. RETIREMENT SETTLEMENT NOV'06 PAPA REGISTRATION/PAPA SEMINAR rAUU RETIREE HEALTH BENEFITS NOV'06 PMW ASSOCIATES ADV TUITION/RODRIGUEZ, MANUEL POTTER RETIREE HEALTH BENEFITS NOV'06 RAY RETIREE HEALTH BENEFITS NOV'06 ROARK EDUC REIMB/ROARK, LANNY ROARK ADV SUBSISTENCE/ROARK, LANNY RODRIGUEZ ADV SUBSISTENCE/RODRIGUEZ ROUNDS EDUC REIMB/ROUNDS, ROBERT RUIZ ' RETIREE HEALTH BENEFITS NOV'06 SD BUSINESS JOURNAL S. D. BUS JOURNAL RENEW/POST R. SBC/MCI T-1, PHONE, ISDN LINES 337-257-0757-218 SBC/MCI T-1, PHONE, ISDN LINES ID #1365370 APSD ADV TUITION/MARTINEZ/ALEXANDER SDG&E SDG&E - FACILITIES 211388 10/31/2006 3,750.00 211389 10/31/2006 30.00 211390 10/31/2006 80.32 211391 10/31/2006 956.73 211392 10/31/2006 260.00 211393 10/31/2006 340.00 211394 10/31/2006 335.00 211395 10/31/2006 150.00 211396 10/31/2006 190.00 211397 10/31/2006 1,218.88 211398 10/31/2006 312.00 211399 10/31/2006 384.00 211400 10/31/2006 1,374.13 211401 10/31/2006 310.00 211402 10/31/2006 99.00 211403 10/31/2006 403.15 211404 10/31/2006 31.89 211405 10/31/2006 70.00 211406 10/31/2006 23,736.80 SERRANO REIMB OF TRAVEL EXP/SERRANO V. 211407 10/31/2006 437.20 SHORT, CRAIG RETIREE HEALTH BENEFITS NOV'06 211408 10/31/2006 300:01..... SPARKLETTS WATER FOR CITY COUNCIL OFFICE 211409 10/31/2006 36.93 STATE COMP INS FUND W/C CLAIM COSTS 211410 10/31/2006 2,968.36 STRASEN ADV MEALS -WEST POINT LDRSHP TRAININ( 211411 10/31/2006 108.00 STRATACOM MOP 63845 ADM CITATION BOOK 211412 10/31/2006 341.57 STUART PARKS FORENSIC ADV TUITION/LEACH, DENNIS 211413 10/31/2006 650.00 SUN BADGE COMPANY INC. MOP 45761 SUNTONE BADGE REPAIR 211414 10/31/2006 72.73 TETRA TECH ISG #1 DEPOSIT#1024 2112 N AVE 211415 10/31/2006 495.00 U.S. HEALTHWORKS MEDICAL SERVICES 211416 10/31/2006 190.00 UNION TRIBUNE PUBLISHING ONE YR SUBSCRPTN ACCT#1199845- HR 211417 10/31/2006 161.48 US STERLING CAPITAL CORP TRADE SETTLING 9/30/06 - 10/06/06— 211418 10/31/2006 199.35 ZIETLOW, DAVID RETIREE HEALTH BENEFITS NOV'06 211419 10/31/2006 150.00 AMEDEE TRAVEL EXPENSE - SEMINAR 211420 10/31/2006 109.55 BAYSHORE TRANSIT MGMT PAYROLL FOR CK DATED 10/26/06 211421 10/31/2006 451.L BLUE SHIELD OF CA DENTAL INSURANCE - NOVEMBER'06 211422 10/31/2006 682.00 DAPPER TIRE COMPANY TIRES FOR PLYMOUTH STAFF VEHICLE 211423 10/31/2006 159.10 DHL EXPRESS (USA) INC. SHIPPING CHARGES 211424 10/31/2006 68.58 DIRECT TV DIRECT TV - 10/13/06 TO 11/12/06 211425 10/31/2006 74.98 JOHN BURNHAM INS SVCS COMMRCL CRIME POLICY 10/01/06-10/01/07 211426 10/31/2006 3,307.00 KAISER FOUNDATION HEALTH MEDICAL INS - DECEMBER 2006 211427 10/31/2006 10,517.00 MARQUEZ REIMB CALTRANS CONE TRVL EXPS 211428 10/31/2006 99.56 MCDONALD TRANSIT ASSOC PROF SRVS FOR MGMT-OCTOBER 2006 211429 10/31/2006 13,159.69 NATIONAL INTERSTATE INS LIABILITY INSURANCE 211430 10/31/2006 15,039.15 NEXTEL COMMUNICATIONS NEXTEL PHONES SEP 10 TO OCT 09 211431 10/31/2006 505.50 PROGRESSIVE BUSINESS PUBLIC INJURY PREVENTION KIT 211432 10/31/2006 299.00 Total Workers compensation checks $185,933.8 12284 10/25/2006 514.97 4 12285 10/25/2006 588.02 12286 10/25/2006 65.70 12287 10/25/2006 495.00 12288 - 10/25/2006 92.77 12289 ` 10/25/2006 29.10 12290 10/25/2006 625.48 12291 10/25/2006 698.36 12292 10/25/2006 110.66 12293 10/25/2006 145.24 12294. 10/25/2006 220.00 12295 10/25/2006 4,832.90 12296 10/25/2006 89.58 12297 10/25/2006 52.25 12298 10/25/2006 174.36 12299 10/25/2006 418.31 12300 10/25/2006 11.94 12301 10/25/2006 98.57 12302 10/25/2006 998.09 12303 10/25/2006 95.30 12304 10/25/2006 400.00 12305 10/25/2006 400.00 12306 10/25/2006 400.00 12307 10/25/2006 32.30 12308 10/25/2006 1,418.98 Total Grand Total TRANSIT WARRANTS CHECKS 211420-211432 CKS 13 TOTAL $45,030.28 $13,007.88 198,941.77 City of National City WARRANT REGISTER #18 10/31/2006 001 GENERAL FUND 34,592.06 105 PARKS MAINTENANCE FUND 324.51 111 P.O.S.T. FUND 2,846.90 125 SEWER SERVICE FUND 21,538.00 136 TINY TOT CLASSES FUND 266.61 212 PERSONNEL COMPENSATION FUND 5,937.75 254 LEAD -BASED PAINT HAZARD REDUC 440.12 294 HUD HEALTHY HOMES GRANT 393.32 301 GRANT-C.D.B.G. 263.49 302 CDC PAYMENTS 190.00 348 STATE GRANT 11,692.08 552 TDA 45,030.28 626 FACILITIES MAINT FUND 22,276.80 627 LIABILITY INS. FUND 44,560.14 628 GENERAL SERVICES FUND 2,448.53 629 INFORMATION SYSTEMS MAINTENA 901.55 631 TELECOMMUNICATIONS REVOLVI 435.04 632 GENERAL ACCOUNTING SERVICES 3,180.90 643 MOTOR VEHICLE SVC FUND 157.12 726 ENGINEERING/PUBLIC WORKS T & A 1,466.57 TOTAL 198,941.77 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. cj E FINANCNCE DIRECTO 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 5th OF DECEMBER 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 25 1ITEM TITLE Public Hearing — Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue. (Applicant: Christie Radder) (Case File No. S-2006-7) PREPARED BY Martin Reeder 336-4310 DEPARTMENT Planning EXPLANATION The Planning Commission held a public hearing on this item at their October 2, 2006 meeting, where the commissioners voted to approve the requested Tentative Subdivision Map. The attached background report describes the development proposal in detail. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Cossion. BOARD / COMMISSION RECOMMENDATION Planning Commission approved the Tentative Subdivision Map. Ayes: Alvarado, Baca, Carrillo, De La Paz, Flores, Pruitt, Reynolds ATTACHMENTS ( Listed Below ) Resolution No. 1. Background Report 3. Location Map 6. Exemption 2. Planning Commission Resolution No. 33-2006 4. Site Photographs 7. Application Including Findings and Conditions of Approval 5. Department and Agency Comments 8. Applicant's Plans (Exhibit A) A-200 (9/99) J BACKGROUND REPORT The project site is located at 1445-1645 Tidelands Avenue on the east side of the street, about 500 feet south of Civic Center Drive, in the Medium Manufacturing - Coastal Zone (MM-CZ) Zone. The approximately four and a half -acre site, triangular lot lies between a strip of unused railroad right-of-way to the west of the property and BNSF railroad tracks to the east. The lot is developed with four one-story industrial buildings. The largest of the four (1645 Tidelands Ave.), located in the southerly portion of the site, is approximately 74,000 square feet in size and was built in 1969. It is currently occupied by a single tenant. The other three buildings, permitted in 1989, consist of small bay, multi -tenant industrial uses. 1445 Tidelands, the smallest building, is located in the northern corner of the lot and has two suites totaling approximately 3,500 square feet; 1535 Tidelands is adjacent to the eastern property line, and is comprised of 16 suites for a total of 24,000 square feet; finally, 1545 Tidelands is in the middle of the complex and oriented towards the front of the property; it also has 16 suites, and has around 20,000 square feet of floor area. Overall there are 35 existing suites with a total of approximately 121,500 square feet of leasable space. There are parking spaces for approximately 115 cars spread throughout the facility, and limited portions of the interior parking area and the perimeter are landscaped. The applicant proposes a one -lot subdivision to allow for individual ownership of the existing manufacturing suites and for common ownership of the land. There will be 34 standard industrial condominium units in the three smaller buildings (existing), and up to 6 condominium units within the larger building, for a total of up to 40 industrial condominium units. The final layout of this building will be shown on the Final Map. The applicant has stated it is their intention to offer the suites to the current occupants first. They have also indicated that no significant improvements or physical changes to the site are planned at this time. This is the City's first proposal to create industrial condominiums, although there was a recent commercial condominium conversion of a medical office building in 2004. Under both State and Municipal law the creation or conversion of non-residential property to condominium ownership is not as heavily regulated, as are residential condominium conversions. Specifically, there are neither special public noticing requirements nor requirements for detailed property condition reports, although such a report was provided with the application. With no planned physical changes to the property, the proposal is primarily a change in the form of ownership. The property condition report detailed a number of immediate and short-term conditions needing repair. Conditions of approval require that all immediate and short-term repairs be completed prior to recordation of the Final Map. The necessary repairs include: • Damaged asphalt, concrete and curbs; Missing portions of chain link fence; • Non-functional pole lights; • Leaking and damaged downspouts and gutters; • Porch roof damage; • Chipped concrete and damaged siding on exterior walls; • Unstable exterior staircases; • Broken windows along the railroad tracks; • Rusted and old sprinkler mains and exterior piping; • Leaking hose bib. The project proposal is consistent with General Plan policies in that it has the potential to result in better property maintenance, would likely result in the continued operation of a number of professional businesses, and an increase in property values. Additionally, an industrial park complex is a strongly encouraged use in the area. The Planning Commission held a public hearing on October 2, 2006. Discussion focused on conditions of approval, primarily those requiring the immediate and short- term repairs, and the undergrounding of utilities. The Commission voted to approve the application finding the site suitable for the proposed condominium conversion, and that the project is consistent with all applicable General Plan Policies. RESOLUTION NO. 33-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE SUBDIVISION MAP TO CREATE CONDOMINIUM OWNERSHIP OF AN EXISTING INDUSTRIAL PARK AT 1445-1645 TIDELANDS AVENUE. APPLICANT: CHRISTIE RADDER. CASE FILE NO. S-2006-7 WHEREAS, application was made for approval of a Tentative Subdivision Map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue on property generally described as: A parcel of land located in the City of National City, County of San Diego, State of California, being that portion of the Califomia Southern Railroad (predecessor of the Atchison Topeka Santa Fe Railway Company) terminal grounds, as said terminal grounds are shown on map of National City, California, filed October 2, 1882, as per Map No. 348, in the Office of the Recorder of said County. WHEREAS, the Planning Commission of the City of National City, Califomia, considered said applications at a duly advertised public hearing held on October 2, 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. S-2006-7 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 subdivision map, support the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposal will result in increased property valuation while increasing the likelihood of adequate property conservation, and since there are no applicable specific plans. 2. The site is physically suitable for the proposed type of development, since no development is proposed; only a change of ownership of existing development will take place. • • 3. The site is physically suitable for the proposed density of development, since no development is proposed; only a change of ownership of existing development will take place. 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 no development is proposed; only a change of ownership of existing development will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will continue to be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on 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. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map to create condominium ownership of an existing industrial park at 1445-1645 Tidelands Avenue is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes a one -lot division with up to 40 industrial condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. S-2006-7, dated 8/31/2006. 2. All of the immediate and short-term repairs as recommended by the Property Condition Assessment shall be implemented prior to recordation of the Final Map. . 3. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey, subject to review and approval by the City Attorney, to ensure that the improvements for the project site are completed. 4. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 5. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to 'f control, and ,the duty to maintain, all of said mutually available features of the development_ Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 6. All parking spaces designated on approved plans shall continue to be striped and shall remain clear and available for the parking of vehicles at all times. 7. Adequate trash disposal containers shall be provided for the tenants of the condominium project. All trash enclosures shall be covered in accordance with Section 7.10.050 (G) of the National City Municipal Code. 8. All landscape areas, existing and proposed, shall be properly irrigated. All irrigation systems shall be maintained in working order to provide adequate water supply to said landscaping. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 15. All new property line survey monuments shall be set on private property, unless otherwise approved. 16. The final map shall use the California Coordinate System for its `Basis of Bearings" and express all measured and calculated bearings in tenns of the system. The angle of grid 17. 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 Map. 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. 18. 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. 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 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 2, 2006, by the following vote: AYES: Carrillo, Alvarado, Baca, Flores, Pruitt, Reynolds, DeLaPaz NAYS: ABSENT: ABSTAIN: CHAIRWOMAN r JS NAVY PROPERTY 1420 J w MM-CZ ANA 16N APPROXIMATE PROJECT LOCATION ZONING BOUNDARIES LOCATION MAP TENTATIVE SUBDIVISION MAP TO CREATE CONDOMINIUM OWNERSHIP OF AN EXISTING INDUSTRIAL PARK AT 1445-1645 TIDELANDS AVENUE S-2006-7 NATIONAL CITY PLANNING DRN. DATE: 9/20/06 INITIAL HEARING: 10/02/06 It' dt 2. Tidelands Project Existing Site 1/26/06 ' FLF pc "TD A7#Lr/P &-y iii1f Fox. La-ALT/4N s Ptivrns 4 3 / 0 00x4$100. Mwt •T nv --47011,O4W WMO a ME 1.00001b WO Drn.a.O1P.M 01S7.2 T1•f1D SCML FAVOR rePE b-I' aJPB ! wnn S20 1 (nth - 410 ft 320. aY f-0uDltrt TIP( 'D-I' OM. • 01J1101 TIDELANDS AVENUE SECTION A -A 1101 TO SGML PHOTO KEY MAP TIDELANDS INDUSTRIAL PARK CONDOMINIUMS IDf City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR INDUSTRIAL CONDOMINIUMS CONVERSION 1445-1645 TIDELANDS AVENUES Date: May 11, 2006 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: INDUSTRIAL CONDOMINIUMS CONVERSION 1445-1645 TIDELANDS AVENUE 1. 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. 2. 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. 3. 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. RCccd al Pancr /- FINAL MAP REQUIREMENTS 1. 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. 2. 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. 3. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 4. All new property line survey monuments shall be set on private property unless otherwise approved. 5. 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. / City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: S-2006-7 Project Location: 1445-1645 Tidelands Avenue Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map to create condominium ownership of an existing .industrial park complex. Applicant Name and Address: Christie Radder 3434 Fourth Avenue San Diego, CA 92103 Exempt Status: II Telephone Number: 619-299-5550 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1, Section 15301 (Existing Facilities) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal does not involve any development, nor will it result in an intensification of use. Only the form of ownership of an existing industrial park complex will change. Thus, there is no potential for the proposal to affect the environment. Date: MARTIN REEDER Planning Technician NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number - 700(9 — Filing Fee S 33O1 Date Received IO By E.A.F. Required Fee $ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE i NFORMATION. ASSESSOR PARCEL NO. S59 _ DL/o - y-� 1 5-5-q - D`-f PROPERTY LOCATION h'--/S - /6'-/-5 77DELA,./05 A✓En1uF_ COMBINED GENERAL PLAN/ZONING DESIGNATION P1'1-Cg• - MA,tuGA61-1A 1\-1 — 1>`I Eo, u n� Tentative Parcel/Subdivision Map Application Revised December, 1998 Pa«e 1 of 3 /3- CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: (.]&/ nE A. (-4QQF4- Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 3-31' Fouzn- Ave-- SA,.! O/F_Ga ) CA 12/6 3 Address: Phone No. (o l g . Z L'(.5-63 o Phone No. Fax No. 6/q• 21- s93,74- Fax No. Date: /--2 fro(, Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Signa (Signature acknowledges that this application is being filed) Address: `f37L, LA- _Tv VILLA-6F ' oor SAanJ DIFG v) GA- -1z/2Z Phone No. 851 •4-SB • 338 `f Fax No. 3S$ Z25- 03S6 Date: i Z< o Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2of3 /k7 Name: Signature (Signature acknowledges that this application is being filed) Address: Phone No. Fax No. Date: APPLICANT Name: GIRLS 7E A . I2ADDEg. (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 3f3f Fou2n-t A-✓E ruE SA,I DIE 6o CA 9z/o3 Phone No. 6 (rI ZrlCl S 3S D Fax No. �lj Z. /-13�f Date: -24"-06, Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 7 TENTATIVE MAP TIDELANDS INDUSTRIAL PARK CONDOMINIUMS OWNER/ DEVELOPER LL ✓ cLlCf JC1 Lz c' cFo("GTF BED BAu LEGAL DESCRIPTION: ac<L P OPERir sl;urti_S P J.l 4F ur EArI OIL^. L, wi - a!E A JILIfCRruw���GFIB.O S ry-LOv6 I M` ,r AFA▪ R: 9F L2HS '_F/4TC IH1,1CI, OF r9;IOrv*L CI:v, GOLv:ir OF 54f1 O:EG, STATE OF CAJFO4NIP, BEING THAT THE CPUFOpma SCIIoo'Frl PAHROAD ,HBEoECESSOP OF THE a FmOv, 'O4Ee4, ALP SANTA FE P51154r CGNPA/lY) TERMINAL 9POLvros. 4s SUL IEPJJTAL GRO,NOs a?c SKIMnu pAp OF NATIONAL Crz5 C.YJFORN , OLEO OC!09E0 2, I882. 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A99' CCNYEPSENEE ANLLE . 1,1 -0,20.30 i53 CC.ABNIm ST.� - FACT, -. _ .� „Po D'n.rl.�-eawrvo DlsimmMAI1E. cOn� scA1e r<uOR BASIS OF ELEVATIONS mE ends a ELr/Aron F-O 1 - /. ewes o_ s . 7W IN ' pE CI,O CURB AT CI Ras BOO Of 177-ILCT ,nmE A�IO �iM SIPx2T EP cOr a NAAOYPI. d,r EEEc ODOR A-1 ;-r BLEVLBON < i.:.45' M.S.L. TITLE REPORT L014,/0p4WE4l H l^ND TILE CUNHAII, DRS(V .'O. 0]ZLr46-605 CABER JANUARY 2 , 2006. NOTES I. 0710 5 A IAA- or x MIE LOr 1(4400Cw_ CONO4Awm/ PROJECT AS DEFINED IN sELn5N 1J50 OF 1HE STATE Of CALIFORNIA Owl L00E. 3. THERE I5 NO PROPOSED L140155 ON-517E. 3" (BETE 15 ONE PROPOSED LOT 10 BE CREATED RPOA THIS MAP SITE CORDONS SHOWN 'JN .H15 SURVEY ARE IH( RESULT OF 4 TOPOGRAPHIC SMALL 4 BY BURKE, H N;NC ENGINEERS ON DR ABCUT FEBR'JARY 2006 AND AN AERIAL SURVEY BY MOREN0 AERIAL PAST° SURVEYS, INC" ON JANIIARY 11, 1006. 5 THERE IS N0 A0JAL EVIDENCE ON-Slle 0r ANY %RENOUSLY FILED AREAS. 6" THERE ARE ND PROPOSED LILLLI'Y SERVICES (I.0 WATER. STORM, SEXER, FEEL) pi -SITE. 7- E4ST0'v ON -SITE PARKING STALLS: 51PNi/RD !JARRING Sues - 111 DISABLED PARKING STALLS = TOTAL PARRI110 SLAB, • 115 E. 2ON,111 Er150NG 4 PROPOSED . Nu-C; (MEUUN MANUFACTURING WITH A COA514 _010 00EPL°Y) 3. Out COUNT (<01 PLOTTABLE EASEMENTS L AN EASEMEN1 70L WALTER PIPELINE BICLNCIOENTAL PURPOSES LRANIEJ TO ALLFORN A WATER AND 7ELE N_ ECOWAN, A CORPORATION. RECORDED OECENNEH 2A 1953 IN DOOR BOB, PACE 423 Or CHJILIAL RECORDS AN EASEMENT E p 0 TL 1 0f AY AND N(pu1 Pt/PROSES GRANTED TO ATOMISM,TOFEYA 'D 5An P InA w9Y CO., REC090EU AP L 1934 1 BOOR 51.93, PAGE 56 0" C<'f GAL RECORDS PAf 6 o C E 0 B T I PML*E NLS LMIFJILROn10 XmO Ts AN0 IaCFN1 9 BOOK AE G 1E0 D.ELO WS ELECIRC COMP//v, P[COROEO PRLv 0 BOOR Y.. PAGE 1 9F OTC4 PEL0.405 SB III NON-PLOTTABLE EASEMENTS I. AN EASEMENT BO: %JUNES, CANALS, OR AQUEDUCTS AN:` RIGHr5 MCIOErv1Al THERM Ap Px1E0 rC THE /IM3 LL SRO/HERS N1,AIEP COMPANY, DEED RECORDED IN ROOT i, AGE L2 4 Dr 0 E0s ELECTRIC COPRA,PPCCGRCEC MAY 29C 1960 A5 NS1Rk MLN NCrL BOT 2J552 OC 0.TICIwx CORDS J. µ EPSEME141 rOa 1NT TRAN,NISSION µ0 001RO. OF ELECTRIC'( IANMUIICA001 FAOLITES AIO .pPIRlENl0G S Gi µ [LEGO CAS ELECTRIC COUPµ,' RECORDEDBP CN 5 0B0 AS SIR F 0_ 69-1315J> OF BRIDAL RECORDS. REFERENCE DRAWINGS 1, GAS SOG0E EApIN'/ NAP 00.335 ELBcrRN` SOO. EACllllr NAPS 182-1731. 162_173A :. WATER cry or NABOB, LILY DING. 230-1. - STORM CLL. CrNAT OLIAL CITY Dv,.2,0-L SURVEYOR'S STATEMENT. Oros PLAT or T'ETZ w.s PRERARED D. NE of ux0(R Mr oleEcnar .x: s BASED uvoN A .ERML am rE_o suR.EY. NATIONAL CITY PLANNING DEPT EXHIBIT A CASE FILE NO: S-2006-7 DATE: 8/31/2006 VICINITY MAP N0 SCALE Pre,. By. N.mc BURKETT & WONG 51.4W 6 LEA 999.. eq SI.I.P AAa ge; 3434 Fourth Au, Son Wsao, CA 9i193-484, P004. k (6191 299-5590 Project AOypc 1445-1645 PDFI ASO, AY0N119 NA00NA1 00? G160RNIA Prej.cl Nome 110ELAN05 INBUSIRUL PARK 1FNTAIM1E NAP Shod RUE NOTES h GENERAL INFORMARON 0.9 9.d 854.: 1.90I 16, 1006 Sheet 1 or 2 TENTATI MAP TIDELANDS INDUSTRIAL TARK CONDOMINIUMS _` PJrn �`i=, J�Iti) ERL'i0L SOUKS IOEElLE/NAPGWSEI 5 PROPOSED UNITS 0 �_ \ `Y 1 9nN ,u.9 z v R g °0 2 �e {s R_91[ ��c - n - N�� � - � AR Hai �:� J \� Oar n°F�ati , . ,Rio ws.NCE-OR„N,O oSTANCE • OSsionLO scL_ IaloR CUPS a CJEIEP MISS S SUSSES TIDELANDS AVENUE SECTION A -A nm SO 5CH£ MAWS SS, n 5R••+x PROJECT NO" 9J50s Pi 0 NO PIES) , 01 I STORY CCNNERPAL OULOIN0 (Olf2C/NAFERWSE) 6 PROPOSED UNITS \.+tea Lx, EIRS11 5CEFk5wlE)NIIOPO N 0 LFG0NP }3E011R6 pep 5n05 ElE£i4IC NERR PEN RECP c TUNSJRUT ❑ E' CLECNi0 VPV..I ❑CV PE:PC PPE. repemote uNE OPP UNE ON...0 CAPE oPE NI.2R tWE —N— n1lER VI1l£ 055 BecentN NNE., Bry NAIER VEIFR o vw SERER uwNg1 °pet YMP UR£ ..... — s— SP. DANN UNE Pm MAIN o51C. CURB WILL FAsTINEr WPM ITYFNi$ 0ENCE LL CUPPLR AN Peptic R4MAT 1NFIXS PPP at OIILW0 00011PoMl POI. POPE. PIPET LIPS. OPC£51er RCCESS .. .. 4 p=PPM PYWNG PPP. IDOL NVNRER OE PW815 £Tells II ED Nee, PSN PROPERLY R PRCRER55 UIIE wr vR. ralOrEetee PopiI-K-NAY P- l0 autPO4 COPE. PERPENpNIAR CR R.N. IO PR P.fr. LMC. 0000 Project ...NE Aa4-lee, PoP 6N c 'WI Havnet `_ LYTY Lo.,IEEN1d P1eject Nenr o,aANOS 1-�4IS101 1{p TENS mE u1P And Pep LOOMING LONg14N5 Sheet i el TIDELANDS INDUSTRIAL PARK TIDELANDS AVENUE NATIONAL CITY, CALIIFORNIA 92950 8/30/06 r Bldg. 1445 Bldg. 1535 \ it \ =r I w =LLB I I I BIdg.1545 ili ®= DE..IdIES ¢ of 6-rm.4.5 Bldg. 1645 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 26 ITEM TITLE Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the conversio of ninety-six (96) apartment units to condominiums and a Variance for reduced front yard setback at 2005- 2025 F Avenue (Applicant: Chris Christensen for CondoConversions.com) (Case file no. S-2006-9 / CUP- 2006-7 / Z-2006-5) PREPARED BY EXPLANATION tad" Angela Reeder, 336-4310 DEPARTMENT Planning The proposed project involves the conversion of ninety-six (96) one -bedroom apartments on the east side of F Avenue into condominiums (Villa Primavera). The conversion includes the renovation of both the exterior and interior of the buildings, as well as improvements to the site landscaping, common area amenities, and parking facilities. Additionally, each unit will be remodeled to include washers and dryers and forced air, and the existing laundry room on -site will be converted to an HOA recreation room. The requested setback Variance would allow four (4) new stairwells to extend from the buildings fronting F Avenue to the sidewalk, providing individual access from the street for the upstairs units and larger private yards for the lower units (as shown on floor plans). The Planning Commission held a public hearing on this item at their October 16, 2006 meeting and recommended approval, finding the conversion would result in a substantial reinvestment in the existing property and also provide housing opportunities for people of lower to moderate income levels. The attached background report describes the conversion in further detail. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION ��� Staff concurs with the decisi n of the Planning Commission. BOARD / COMMISSION RECOMMENDATION Planning Commission voted to recommend approval of the Tentative Subdivision Map, CUP, and Variance. Vote: Ayes — Carrillo, Alvarado, Flores, Pruitt. Nays - DeLaPaz. Absent: Baca, Reynolds ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 35-2006 Including Findings and Conditions of Approval 3. Location Map Resolution No. 4. Department and Agency Comments 5. Notice of Exemption 6. Application 7. Applicant's Plans (Exhibits A, B, and C) A-200 (9/99) BACKGROUND REPORT SITE CHARACTERISTICS The project site is located at 2005-2025 F Avenue in the Multi -Family Limited Residential (RM- 2-PD) Zone. The 2.15-acre site is rectangular and relatively flat with street frontage on F Avenue. The site contains an existing 96-unit apartment complex (Villa Primavera) constructed in 1962 which will remain and convert to condominiums. Vehicular access to site is from a single driveway on F Avenue. Adjacent land uses include an apartment complex to the north, single- family homes to the south and west across F Avenue, and three small offices that front on Highland Avenue to the east. There is varied landscaping along F Avenue and a courtyard area is landscaped with several large trees, various shrubs, and plants. The site is developed with eight (8) two-story apartment buildings, a single -story office/laundry building, an in -ground swimming pool, and a surface parking lot on the east end of the lot. The buildings are lineal, two-story structures with front doors off of a shared sidewalk or second floor walkway. The units are all 1-bedroom/I bath units and include approximately 375 square -feet floor space each. There are no private balconies or patios currently provided. A 2,250 square foot pool and patio area is located in the open area between the units. An existing 600 square foot laundry room/office building also sits across from the pool. Other site improvements include the centrally located mailbox kiosk, a trash enclosure in the parking lot, and security fencing along much of the perimeter of the site. There are a total of 88 parking spaces currently provided on -site. Twenty-four of the parking spaces are in surface spaces in the central courtyard area. The remaining spaces are all provided in an uncovered, surface parking lot at the eastern 1/3rd of the lot. All of the parking spaces are accessed via the F Avenue driveway at the east side of the property and meet current stall dimension requirements. As indicated in the attached Property Condition Assessment (PCA) report, the property is in overall fair to poor condition. Adequate maintenance of the subject property's major systems, components, and equipment does not appear to be in place (see Property Assessment Report). PROPOSAL The applicant is proposing to convert all 96 apartments into condominiums. As condominiums, the units will be the same size and have roughly the same floor plan as they currently do as apartment units. The conversion will involve the renovation of the exterior and interior of the buildings as well as improvements to the site landscaping and parking facilities. The exterior of the building will all be painted and enhanced by sandblasting existing brick accents to expose them. The applicant also proposes new stairs, windows, railings, fencing, and the parking lot will be re -striped. Per recommendations from staff, the applicant also proposes to enhance the rear elevation of the two units facing the parking lot, providing architectural popouts, window trim and small awnings. In an attempt to provide some private space for the units, the applicant is proposing to fence in front yard areas for each of the lower units. Each of the lower units will have individual entrances to their yards, which vary from 180 to 216 square feet in size. The sixteen lower units in the front four buildings will have a rear yard approximately 126 square feet in size. These units will receive a new rear door through the bedroom that leads into their individual yards. Existing trees between the front buildings have become overgrown, blocking light into the rear of all the units, and are all proposed to be removed. Lastly, to provide some private area for the upper units, the applicant is proposing to replace and relocate existing stairwells so that each will only provide access to two units. With this configuration and the addition of partition walls along the walkways, the corridor in front of each second -floor unit will become a sort of private space for that unit. In order to provide individual stairwells and private yards for the buildings facing F Avenue, the applicant is requesting a Variance from front yard setbacks. The buildings were originally built with a 17-foot setback, less than the 20-foot that is now required by Code. While the buildings will not be enlarged or encroach any further, the four front stairwells are proposed within feet of the front sidewalk. This layout provides the largest private yard areas possible for these units as well as individual entrances from the street. The interior floorplan of the units will be modified slightly by removing a wall to open up the kitchen/living room area and removing a small, built-in storage area to create a larger closet in the bedrooms. Additionally, the interior of each unit will be renovated to include new appliances, individual washers and dryers, flooring/carpet, bathroom and kitchen cabinets, counter tops, and paint. The applicant also proposes to replace existing wall heaters with forced heat and cooling for each unit. Common area improvements include converting the existing laundry room/office building into an HOA/Recreation room for the tenants and to provide maintenance on the pool area as needed. Additional landscaping, site lighting, and a new trash dumpster is also proposed. The PCA report proposes those repairs needed immediately as well other recommended longer- tenn repairs. The applicant's Renovation Program includes many of the recommended exterior and interior improvements to the units and site, and all other immediate improvements noted must be carried out before sale of any units. The applicant states they are trying to keep the cost of the units under a $200,000 price point and also keep HOA fees low. They feel this is an attainable price for those residents trying to get into the housing market in our area and those residents who would be most likely to buy one -bedroom units. As such, they have requested a waiver of the Engineering condition that requires on -site utilities be placed underground. ANALYSIS In order to pursue the conversion of the apartments to condominiums, the applicant has requested approval of a Tentative Subdivision Map and a Conditional Use Permit as required by City ordinance. There are a number of General Plan policies that are relevant for this proposal including the increase in the number of home ownership opportunities. General Plan policies also encourage high quality development. The applicant proposes to make several changes, such as new appliances and cabinetry in the units, additional landscaping, and a new community recreation room that are not required by Code; these changes should result in a somewhat higher quality development. Since it is impractical for most proposals converting apartments into condominiums to meet current the Land Use Code requirements, the General Plan and Land Use Code do not require it. However, it is useful to compare the requirements for new condominiums and for new one -bedroom apartments to what will be provided to allow for a full analysis. The table below summarizes this. Comparisons of Current Code Requirements with the Existing Development Required for new condominiums Required for new 1- bedroom apartments Existing On -Site Parking spaces 2 spaces/unit, plus guest parking 1.3 spaces/unit, plus guest parking 1 space/unit, plus 4 guest handicap spaces Unit size 1,000 square feet 650 square feet 375 square -feet Common open space' Up to 7,200 square feet (min.75 per unit) Up to 7,200 square feet (min. 75 per unit) Approx. 7,130 sq ft (74 per unit) Private open space' Up to 10,848 square feet (min 113 per unit) Up to 10,848 square feet (min 113 per unit) Approx. 11,616 sqft from 1s`floor units (121 per unit total) Density (per current density in the RM-2 zone) (per current density in the RM-2 zone ) 44.7 units/acre units As you can see, the unit sizes average well below the City required size for new condominiums and also below the required size for one -bedroom apartments. However, the only conversion project that has been completed in the City at this point (Villa Real on 4th Street) included an almost identical floor plan and is now almost entirely sold. Also, the useable open space provided is very close to what would be required of a new development, short only in the available private open space for the upstairs units. However, the applicant feels this provides some variety in the stock being offered and a range of potential sales prices. Also, the existing common open space will be enhanced through the addition of an HOA/recreation room, improved pool area, and minimal site landscaping improvements. Finally, while the amount of parking provided is also less than would be required of a new development, it does provide at least one designated space for each unit, as well as four guest spaces. The applicant has also proposed an alternative parking lot layout that would provide an additional two guest spaces, but staff feels the revised layout results in reduced lot circulation and reduced landscaping that is less acceptable. In order to satisfy the application requirements for the Conditional Use Permit to convert apartments, the applicant had a Property Condition Assessment (PCA) report prepared. The PCA included an assessment of all structural and mechanical systems, as well as a Pest Report. As stated before, the PCA report found that generally the property is in fair to poor condition with some defects and maintenance issues noted. It contains recommended repairs which are fully detailed in the attached report, including replacing portions of the perimeter fencing, replacing water heaters, and repair of parking areas and curbs. A Pest Control Report was also prepared for the project and identified drywood termites, fungus -dry rot and other moisture concerns. A condition requiring that the recommendations of the Pest Report be implemented prior to sale of the units has been included. A condition of approval requiring all of the repairs and improvements identified as immediate in the Property Condition Assessment (Table 1) be completed prior to sale of any unit has also been included. A condition requiring City Attorney review and approval of a Lien Contract and Agreement not to Convey, which will ensure that the proposed and required improvements be made prior to the sale of the units, is also included. This condition has been applied to previous condominium conversion projects approved in the City. Finally, standard conditions of approval, as well as conditions recommended by the Engineering and Fire Departments and Sweetwater Authority have also been attached. The Planning Commission held a public hearing on this item at their October 16, 2006 meeting. One current resident requested information on the potential timeline for the conversion. He was informed it would still be some time before the units would be converted and additional noticing would be given to residents. The applicant then spoke on behalf of the project and their request to waive the requirement that on -site utilities be undergrounded in order to keep the cost of the units lower. Engineering Department staff noted that additional evidence would have to be provided by the applicant to the Commission to allow them to make a recommendation on the request to Council. As such, the applicant would need to return at a later date and request a modification of the approval, if that was still their intent. Planning Commission recommended approval, finding the conversion would result in a substantial reinvestment in the existing property and also provide housing opportunities for people of lower to moderate income levels. • RESOLUTION NO. 35-2006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF NINETY-SIX (96) APARTMENT UNITS TO CONDOMINIUMS AND A VARIANCE FOR REDUCED FRONT YARD SETBACK AT 2005-2025 F AVENUE. APPLICANT: CHRIS CHRISTENSEN CASE FILE NO. S-2006-9/CUP-2006-7/Z-2006-5 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for the conversion of ninety-six (96) apartment units to condominiums and a variance for reduced front yard setback at 2005-2025 F Avenue on property generally described as: All that portion of 10 Acre Lot 12, in Quarter Section 153 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof made by Morrill No. 166, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on October 16, 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. S-2006-9, CUP-2006-7 and Z-2006- 5 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, Califomia, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1 • The proposed Tentative Subdivision Map is consistent with the National City General Plan and applicable specific plans, since the project will create 96 new homeownership opportunities. 2. The site is physiczsuitable for the proposed type of develent, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 7. The discharge of sewerage waste from the subdivision into 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. ADDITIONAL RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing units will create 96 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the planned Renovation Program and each unit interior will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. RECIIIILMENDED FINDINGS FOR APPRIAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional traffic will be generated, since the project consists solely of a change of ownership and repair and renovation of existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. Conditions requiring site improvements before sale of the units and requiring the new owners maintain the property have also been included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 96 new homeownership opportunities that should be attractive to first time homebuyers, will allow for mobility in the housing market, and since the increased rate of homeownership may translate into an improved property appearance. RECOMMENDED FINDINGS FOR APPROVAL OF REQUESTED FRONT SETBACK VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 (Zoning) of the Municipal Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the site was developed before current Code requirements regarding front setbacks were in place, since the buildings are not being enlarged, only changing their form of ownership, and since allowing the front stairs to encroach will allow the development to provide individual entrances for the units and meet Code requirements with regard to private yard areas for residential units. 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 plans only permit open, unenclosed stairwells to encroach into the front setback, not the existing buildings, and since conditions of approval require that building permits remain consistent with approved plans. 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 the RM-2-PD zoning provides for the continuation of existing buildings and density, since the existing buildings were developed before current Code requirements regarding front setbacks were in place, and since ground floor residential uses are typically allowed to have open, unenclosed stairways encroach into the front setback and the development of the four requested stairwells will allow the eight upstairs units to have individual street front access. BE IT FURTHE SOLVED that based on the find• hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map and Conditional Use Permit for the conversion of ninety-six (96) apartment units to condominiums and a Variance for reduced front yard setback at 2005-2025 F Avenue subject to the following conditions: 1. This Tentative Map, Conditional Use Permit, and Variance authorize the conversion of the property at 2005-2025 F Avenue, including 96 residential units, into condominiums with a reduced front yard setback. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, B, and C Case File No. S- 2006-9/CUP-2006-7/Z-2006-5, dated 10/11/06. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted prior to issuance of building permits for review and approval by the Planning Director. The landscape plan shall be consistent with the approval concept plan and reflect the use of drought tolerant planting and water conserving irrigation devices, screening of trash enclosure, vines along the fencing along the rear parking lot, and additional landscaping in the parking lot. 3. Landscape plans shall include all fencing location and design, enhanced pavements, mail kiosk location and design, location of hose bibs for lower units. The exterior fences between units shall reflect a minimum height of 5'0" and a maximum of 6'0". 4. All of the recommendations of immediate repairs in the Property Condition Assessment (Table 1) shall be implemented prior to release of any unit for sale. The applicant shall document that all work is completed with site photos to be provided to the Planning Department. 5. All of the recommendations of the Pest Report shall be implemented prior to release of any unit for sale. Applicant shall submit a copy of the final report from the pest control company showing that all remediation has been completed satisfactorily. 6. Prior to recordation of the Final Map, the applicant shall submit a Lien Contract and Agreement not to Convey to ensure the improvement for the project site are complete and shall be subject to review and approval by the City Attorney. 7. A trash enclosure shall be provided in accordance with city standards. It shall be constructed of decorative block, solid gate, and solid roof covering to the satisfaction of the Planning Director. The design of the trash enclosure shall be shown on the Landscape Plans. 8. 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, walkways, 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. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 9. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operinder recorded conditions, covenants, aestrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 10. Prior to the issuance of any building permits, the applicant shall submit a lighting plan to the Planning Department. The lighting plan shall reflect exterior lighting for the parking lot, lighting along the buildings and walkways. 11. Two copies of a revised site plan shall be submitted to the Planning Department reflecting any modifications and shall reflect parking lot striping and wheel stops, and handicap parking pursuant to the ADA requirements. 12. Building plans shall reflect enhanced articulation of the eastern elevation of the rear units facing the parking lot as shown on the approved concept plans. The building plans shall provide exterior color and materials for approval by the Planning Department. 13. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Associate (NFPA) Standards as adopted by the City of National City. 14. 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. 15. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 16. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 17. A drainage plan shall be submitted showing all of the proposed and existing on -site drainage. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 18. 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. 19. 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. 20. All surface run-off shall be collected by approved drainage filters and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off from this property. 21. A permit shall be o red from the Engineering Departmeeor all improvement work within the public right-of-way, and any grading construction on private property. 22. 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. 23. 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. 24. 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. 25. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground (one pole). 26. All new property line survey monuments shall be set on private property, unless otherwise approved. 27. 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. 28. Exterior walls of accessible buildings/freestanding fences/retaining walls to a height of not less than 6-feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 29. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map and Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 30. 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 and to the City Council. 0 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 16, 2006, by the following vote: AYES: Carrillo, Alvarado, Flores, Pruitt NAYS: DeLaPaz ABSENT: Baca, Reynolds ABSTAIN: CHAIRWOMAN / PROJECT LOCATION S-2006-9/ Conversion of ninety-six (96) rental units to condominium ownership CUP-2006-7/ and Variance for a reduced front yard Z-2006-5 NATIONAL CITY PLANNING LOCATION MAP /9 DRN. DATE: 10/02/06 INITIAL HEARING: 10/16/06 • City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR 96 CONDOS CONVERSION AT 2005-2025 "F" AVENUE Date: May 17, 2006 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer s�-K Via: Stephen M. Kirkpatrickk, City Engineer Subject: 96 CONDOS CONVERSION AT 2005-2025 "F" AVENUE 1. A drainage plan shall be submitted showing all of the proposed and existing on - site drainage. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 2. 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. 3. 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. 4. All surface run-off shall be collected by approved drainage filters and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off from this property. ® Recycled Paper • 5. 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. 6. 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. FINAL MAP REQUIREMENTS 1. 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. 2. 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. 3. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground (one pole). 4. All new property line survey monuments shall be set on private property, unless otherwise approved. 5. 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. AL:jha (avenue f CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM i DATE: May 23, 2006 TO: Angela Reeder, Associate Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: S-2006-9/CUP-2006-7 The following comments are submitted by the Fire Department after reviewing the plans. 1) Project 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. 1 � 23 NAV 2006 PM 1:46 g SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www, sweetwater. org May 22, 2006 Ms. Angela Reeder, Associate Planner National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD W.D. "BUD" POCKLINGTON, CHAIR R. MITCHEL BEAUCHAMP, VICE CHAIR JAMES C. ALKIRE JAMES "JIM" DOUD RON MORRISON MARY SALAS MARGARET COOK WELSH DENNIS A. BOSTAD GENERAL MANAGER MARK N. ROGERS OPERATIONS MANAGER Subject: WATER AVAILABILITY CASE NOS. S-2006-9 AND CUP-2006-7 A.P.N. 560-310-01-00 2005-2025 F AVENUE, NATIONAL CITY (CONDO CONVERSION) SWA GEN. FILE: WATER AVAILABILITY 2006 Dear Ms. Reeder: This letter is in response to the Tentative Subdivision Map and Conditional Use Permit for the subject project within the Sweetwater Authority (Authority) service area. There is a 6-inch water main located on the east side of F Avenue. Authority records indicate that there is one existing water service and no private fire services fronting this parcel. Enclosed is a copy of 1/4 SEC. 153 map that shows the existing water facilities. The Authority has no requirements, but the Owner must submit a letter to the Authority from the National City Fire Department stating that there are no additional fire flow requirements for this project. If there are additional requirements, the Authority will determine if there is a need for new water systems or substantial alteration to the existing water system. It is recommended that your Agency work with the Authority to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Should any additional services be needed, they will be required to have a backflow prevention assembly installed. If the Owner provides the required fire flow information and enters into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure ranging from a maximum of 84 psi to a minimum of 74 psi. A Public Water Agency Serving National City, Gh 9 Vista and Surrounding Areas Ms. Angela Reeder City of National City Re: Water Availability — 2005-2025 F Avenue, National City May 22, 2006 Page 2 of 2 If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:LJE:vls enclosure: copy of portion of 1/4 SEC. 153 map cc: Don Condon, Battalion Chief/Fire Marshal National City Fire Department 343 E. 16th Street National City, CA 91950 F Ave. LLC 2948 Wintergreen Drive Carlsbad, CA 91008 Austin Phillips 4817 Palm Avenue, Suite I La Mesa, CA 91941 James Meyer Burkett & Wong 3434 Fourth Avenue San Diego, CA 92103-4941 I:\engr\Gen\Water Availability\reeder_fave_condoconv.doc lnle map was developed by Sweetwater Avtonly for Internal illustration Dory d le rrot designed to proQlde lethnical detail, and should not be used for any oiler purpmae without the express wrltlen peemleebn 91 Sweetwater Autaohry Sweetwater Authority - http'llswenel sweeMelor.org 505 Garrett Avenue Chula Mete, CA 91912-2320 (619)420-1413 FAX'. (619) 4257469 Location of water ledlltle0 are apemen ale only, based on record information. For o more accurate location, water fealties must be field -located. Call U.S A. 01-800-4224133 two dogs phor to oxoovalon. 1Te parcel or road data shaven on this map la proprietary information. The use of this Information Is pursuant to sublicense ggreament only- Any resale or relltensing of this information is prohibited, except In accordance wit such subllansing ogreemento. SanGIS • h0p itwww.sarngle.org 1010 second Avenue, Suite 130A San Diego, CA 921014303 Subject Property: 2005-2025 F Ave. City of National City 1/4 SEC. 153 SCALE: 1 INCH = 200 FEET �0 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Proiect Title: Proiect Location: Case File No. S-2006-9/CUP-2006-7/Z-2006-5 2005-2025 F Avenue Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Proiect: Tentative Subdivision Map & Conditional Use Permit to convert 96 existing apartment units to condominiums at 2005-2025 F Avenue. Applicant Name & Address: Chris Christensen 4817 Palm Avenue, Ste I La Mesa, CA 91944 Exempt Status: ❑ n Telephone Number: 619-462-1897 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1, Section 15301 (Existing Facilities) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal does not involve any development, nor will it result in an intensification of use. Only the form of ownership of an existing apartment complex will change. Thus, there is no potential for the proposal to affect the environment. Date: Angela Reeder, AICP, Associate Planner 0) Recycled Paper /9 • NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map X Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT /USE ONLY'` Case Number v 'G��`�- t , Filing Fee $ r)' DQ - Receipt No. 3a-a514 Date Received _buy By E.A.F. Required Fee $ Related Cases CUP -a.o3 L0 = 1 2-aco(0-3 SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 560 -3i o - cal - 00 PROPERTY LOCATION ,2 D05 2, F }venue 444-, 0,-,41 C`}Y CA 1115.0 COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision viap Application Revised December, 1998 Page I of 3 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: Name: Signature (Signature acknowledges that this application is being filed) Signature (Signature acknowledges that this application is being filed) Address: Address: Phone No. Phone No. Fax No. Fax No. Date: Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signat �/� _! Signature (Si: ature ac + owle u ges that this (Signature acknowledges that this application i� filed application is being filed) Address: / /�j Al > �J3 O ,)1 1/efq/P Address: Phone No Fax No. Date: -730_z _w "tentative Parce1JSubdivi_;ion wisp Application Revised December, 1998 Page 2 of 3 Phone No. Fax No. Date: APPLICANT (Please type o Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: ftUe sue' T_ La /t\esc,, cA °IIgk1 Phone No. 61�i L162 - l $'tl Fax No. Date: (61/460{2— (sir 'Tentative Parcel/Subdivision lvlap Application Revised December, 1998 Page 3 of 3 NATIONAL CITY, CALIFORNIA APPLICATION for X Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number W OP- 2A % 7 Filing Fee $ 39D3 Receipt No. 3a- riot Date Received rj/a/Ci_o By E.A.F. Required Fee $ Related Cases-cape(/)-9 -c cOco-5 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) atiriched . PROPERTY LOCATION .o05 -aoa5 No. between L' l °l }`' SA -nut and Sfr'ee-k COMBINED GENERAL PLAN/ZONING DESIGNATION F Auenue Street Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: To COr tvi- CA" PXSi-,• ge,5:,u) iAparkrn4.I- 6�i1s 1� C.nSI e_ R6 f ,Yl 3.n-.• L•,JMS. on t -Doe-, u.. e-r i..tv 9 6 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: ature (Signature acknowledges that this n application is being filed) ' Address: 9°/ 6/,"n /er ree,-i 4Address: al-- /s4 _4 Signa.ir (Signature acknowledges that this ,L�arlication� ti�s be�ing file Phone N Fax No. ( %� Date: _3c)-4cyL/ Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 • APPLICANT Name: A oS hh 1\ t p S (Please type o int) Signature: � �7 (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: fit% Airy, Ve. , Lc nheJti, CA 1041 Phone No. C6 {r0 q 6 z - Fax No. (661,4) ci6s — lyt$ Date: 0 5 l ob 6 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 PROPOSED SCOPE OF WORK 2005-2025 F AVE, NATIONAL CITY 96 Unit Condominium Conversion IN GENERAL To convert existing 2-story, (8) building complex, consisting of (96) 378 sq ft, one bedroom, one bath apartment units to condominiums. REMODEL THE INTERIORS: • Replace windows with dual glaze, vinyl, retro-fit sliders • Replace kitchen cabinets, bath vanities & countertops • Install new appliances; range, dishwasher, microwave • Install new washer & dryer in each unit • Replace tub/shower or refinish/refurbish and retile existing tub • Change existing wall heater to forced heat & cooling system • Replace floor covering • Rebuild closet & paint unit ADD PRIVATE SPACE: Each building will have large patios w/ fences & rerouting the stairs to provide dedicated access to two units per stairway (where applicable). condoconversions.com 4817 Palm Ave, Suite I La Mesa, CA 91941 619.462.1897 Order Number: 2027832 (RJG) Page Number: 6 LEGAL DESCRIPTION Real property in the City of National City, County of San Diego, State of California, described as follows: ALL THAT PORTION OF 10 ACRE LOT 12, IN QUARTER SECTION 153, OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP MADE BY MORRILL NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT 12 WHICH IS NORTH 19° 00' 00" WEST, 150.20 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; THENCE SOUTH 71° 00' 00" WEST ON A LINE PARALLEL WITH AND DISTANCE 150.20 FEET FROM THE SOUTHERLY LINE OF SAID LOT, 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 71° 00' 00" WEST ON SAID PARALLEL LINE, 520.00 FEET; THENCE NORTH 19° 00' 00" WEST, 179.80 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE NORTH 71° 00' 00" EAST ALONG SAID NORTHERLY LINE, 520.00 FEET TO A POINT ON SAID NORTHERLY LINE WHICH SOUTH 71° 00' 00" WEST, 140.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 19° 00' 00" EAST, 179.80 FEET TO THE TRUE POINT OF BEGINNING. APN: 560-310-01-00 First American Title NATIONAL CITY, CALIFORNIA. ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number 21 Z- eQC)r,(3r - Filing Fee $ AZ Receipt No. eZ/lei[a-14 Date Received lc/24 to By E.A.F. Required cc Fee $ Related Cases J cati 0-9 4 CUP-niCc4-0-1 SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) kV fJ. 5 c — 3 to - C ► - oo (See. a-koc1 1 I 54't-e-1-4,) PROPERTY LOCATION ZOOS - 2025 F , hve. j4641,710,J C4 No. ) Stree between 7.-19-4\ and 2l 91— .54-11 — COMBINED GENERAL PLAN/ZONING DESIGNATION 7. M - 2 - Zone Variance Application Revised December, 1998 Page I of 4 REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section number 1$ . 3-F-0 to use the above described property for the following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): S e e_ A aced ,Reuistc3 eS� PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: 'E kl€ Q. Lt.. Name: Signature% (.1 Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 29 L8 l,J,vilt1ty`¢gn Di1oK.. Address: CaC\5' 0c1 CA- 9 ZovCr Phone No. 160 - 3 0 8 t9 Phone No. Fax No. 1 (3.6 - fit-( - () -(8 Fax No. Date: ' - 11-200 (, Date: Zone Variance Application Revised December, 1998 Page 2 of 4 • • REQUEST: The Applic t requests A Zone Variance pursuant to Land Use Code Section number 1'6 ah 2.XU to use the above described property for the following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): 14 via► w1E F RFdt,,2t go' P (thf 'K , 1(- TV z-HF PA -a- "ritAT TN,12‘ j'yis i/ivG- ,0)) DINGS r-71/(401 C/ to) F £ ?4.1R t= T () vt d E // w/J? t 0 +�f-) 5f,� cr P 1s rilit$ uJ)/T� ma)c i,VG- "r PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: Phone No. Phone No. Fax No. Fax No. Date: Date: Zone Variance Application Revised December, 1998 Page 2 of 4 APPLICANT Name: (Please type or print) Signature: e< (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: l-1 f' 1 rj ve_ Lck Yes, CA- 919(11 Phone No. Fax No. Date: (,Ic) t eq-) (Gtq) '-1 62- 181s �- 1 )- 2606 Zone Variance Application Revised December, 1998 Page 3 of 4 .3% n-r } J 0a -1"6110- 2 ip00 OD ateZ P10 AR D lir ;: & 7 �'� PARKINNAL larrl REMOVE CURB AND PATCFI PARKING S HC PARTING STALLS NEW ASPHALT TO MATCH PARKING STALLS 1O DE ADDED E)OSTUIG `HC RAMP, TYP. aIWIAA ... , . ., --;r_ '/ iF IIIi1'M4 % 1- 1110 0 III;W ii .a• i� T. �_3 ',L'i: SE"@R RELOCATION OF NEW CIL SOCK WALL TRASH ENCLOSURE PANT TRASH ENCLOSURE IMU�01' AND PROVOE A MRDONT IRON GATE Y O/C AND COVERED. EXISTING TWO STORY 24 UNIT RESIDENTIAL BUILDING REMOVE EXISTING 1REES AND PROVIDE REAR YARD PA11OS IN1H 4 Ft HIGH FENCING ACCESSED THRU NEW DOOR IN BEDROOM. } -Ioa 1bl111 PZ j W HOm WHO 15 EXIST. POOL ADDITIONAL PARKING STALLS TO BE ADDED 1 ILL EXISTING TWO STORY 24 UNIT RESIDENTIAL BUILDING D- CC oZ 00 (� 0 z F_ z PE X wmm REMOVE ISLANDS PATCH AND REPAIR ASPHALT NEW ISLANDS FOR TREES (4) PARIONG HC HC STALLS TO BE RELOCATED so PROPOSED LANDSC ALONG PARKING LOT PERIMETER WHEEL STR AT 11115 LOCATION TTP. 10 10 NOTES: 1. 22 ADDTIONAL PARKING SPACES WILL BE PROVIDED 2. ALL WOODEN PATIO FENCES TO BE 36" HIGH WITH A 36" LATE FENCE ABOVE. 3. ALL NECESSARY UPGRADING SHALL BE COMPLETED PRIOR TO THE SALE OF THE UNITS. 4. 96 9'-0" PARKING SPACES PROVIDED. WITH 4 ADDITIONAL HC SPACES. =100 PARKING SPACES. MAILBOX AREA TO NEW REMAIN OUTDOOR LIGHTING FOR / LAUNDRY ROOM TO PARKING LOT. REMAIN AND BE CONVERTED TO COMMON HOA/REC. ROOM EXIST. TWO ' FIXTURE POLE OUTDOOR LIGHTING FOR PARKING LOT. 2005 F AVENUE CONDOMINIUM CONVERSION SITE PLAN SCALE: 1" = 50' - 0" e., DESIGN PARKING SCHEME VER. 1 o.��LD I 2 • a-r REMOVE EXISTING 1REES AND PROVIDE REAR YARD PA11OS WITH 4 Ft HIGH FENCING. ACCESSED THRU NEW DOOR IN BEDROOM. RELOCATION GP NEW CMU BLOCK WAU. TRASH ENCLOSURE PAINT TRASH ENCLOSURE TO MATH THE BUILDING OOLOR AND PROVDE A WROUGHT IRON GATE W/PiGKETS AT 2 o/c AND OOVERFD. REMOVE ISLANDS PATCH AND REPAIR ASPHALT �E7G51R1G DRIVEWAY METING GATE TO ism EXISTING TWO STORY 24 UNIT RESIDENTIAL BUILDING REMOVE CURB AND PATC1-414 NEW ASPHALT TO MATCH EXISTING EXIST. POOL RELOCATED HC PARKING STALLS HC RAMP. TYP. a. .- TREES T. Al� REMAIN �, JTi EXISTING TWO STORY 24 UNIT RESIDENTIAL BUILDING ADDITIONAL PARKING STALLS TO BE ADDED PROVIDE CONC. PAD NEW ISLANDS FOR TREES (4) HC Q PARKING HC__ STALLS RELOCATED D ti PROPOSED LANDSCAP1 ALONG PARKING LOT PERIMETER %HEEL slur, AT THIS LOCATION TIP. i 9 15 18 NOTES: 1. 22 ADDTIONAL PARKING SPACES WILL BE PROVIDED 2, ALL WOODEN PATIO FENCES TO BE 36" HIGH WITH A 36" LATTACE FENCE ABOVE. 3. ALL NECESSARY UPGRADING SHALL BE COMPLETED PRIOR TO THE SALE OF THE UNITS. 4. 96 9'-0" PARKING SPACES PROVIDED. WITH 4 ADDITIONAL HC SPACES. =100 PARKING SPACES. 2005 F AVENUE CONDOMINIUM CONVERSION SITE PLAN PARKING -HEME VER. 2 MAILBOX AREA TO NEW REMAIN OUTDOOR LIGHTING FOR LAUNDRY ROOM TO PARKING LOT. / REMAIN AND BE CONVERTED TO COMMON HOA/REC. EXIST. TWO ROOM FIXTURE POLE OUTDOOR LIGHTING FOR PARKING LOT. SCALE: 1" = 50' - 0" i. e., DESIGN PATH OF TRAVEL PATIO F AVENUE \—PRCPOSED NEW WC00 PATIO FENCE GIST. SIDEWALK PROPOSED STARS 12 TOTAL PATIO PATH) UVING AREA BEDROOM -7 00 OI i KITCHEN KITCHEN BATH BATH SECOND FLOOR PLAN (FIRST FLOOR PLAN- TYP.) WALKWAY CST. WATER TO WNW UVING AREA PROVOE t I. WALL CORSI. AT CONCH WALLS BEDROOM PROPOSED IPWRA7ES 10 ALL ES U1R74 1. REPLACE 1610101 CARNETS SREPLACE VANITY REPLACE 00UN ER1MS * INSTALL VET APPUN4CES RANWE, CES WASNER. AND IICROWNa taw INNER AND WRYER ATDED PROPOSED DIVIDER WALL LPANG AREA PROVIDE SOIKE ATTE74TUAT1C I BAITING TO AOHELE AN STC RATING OF 52 BEDROOM op— d REPLACE TUB DEER AND RETIE 7. REPLACE WALL NEATER 'A1H M WALL FGRCED AEI UNIT, (FAN) IL REPLACE FLOOR CIIVER1110 W. REINED ODSET AND PAN Mil 10. PROPOSED NEW MIRY DOORS 11. PROPo¢D NEW MIYL DUAL - GLAZED "ENDOWS O. PATIO BAN orK. 00 o KITCHEN 2I PROPOSED HOSE BIBS BELOW UVINC AREA = I BATH 1 BEDROOM I I I NOTE: 1. A.. NEOSSARY UPGRADING SHALL BE COMPLETED PRIOR TO THE SALE OF THE 2. NOTE THAT THESE FLOOR PLANS SNOW THE ALTERNATIE WALBUP SUN ENTRY 2005 F AVENUE CONDOMINIUM CONVERSION TYPICAL FLOOR PLANS, (FIRST AND SECOND FLOOR) REMOVE EXISTING TREES AND PROVIDE REAR YARD PATIOS WITH 4 FT. HIGH FENCING. ACCESSED THRU NEW DOOR IN BEDROOM. PATIOS TO BE APPROX 220 SF IN AREA. TYP. EXISTING DRIVEWAY -EXISTING GATE TO REMAIN EXISTING TWO STORY 24 UNIT RESIDEN BUILDING TIAL fr I I I I 1 1 I 0 PALMS TO BE RELOCATED EXISTING TWO STORY 24 UNIT RESIDENTIAL BUILDING CONCEPT LANSCAPE PLANTING PLAN UNE OF WALKWAY ABOVE, TYP. NOTE: 1. ALL NECESSARY UPGRADING SHALL BE COMPLETED PRIOR TO THE SALE OF THE UNITS. PLANT LEGEND NEW TREES IN ISLAND T --i TRASH ENCLOSURE TO BE PLANTED WITH IVY AROUND THE PERIMETER PROPOSED LANDSCAPING (IVY AND BOUGANVILLA) ALONG PARKING LOT PERIMETER. SYMBOL BOTANICAL NAME Trees • LIQUID AMBER LIQUID AMBER 24" BOX 2 • SCHEFLERA PUECKLERI TUPIDANTHUS Shrubs 24" BOX 5 COMMON NAME SIZE QTY. AGAPANTHUS AFRICANUS LILY-OF-THE-NILE (BLUE) 1 GAL. 38 DICKSONIA ANTARCTICA TREE FERN LIGUSTRUM LUCIDUM 5 GAL. 37 PRIVET 5 GAL. 2 PITTOSPORUM T.'VARIECATA' VAREGATED MOCK ORANGE 5 GAL. 33 RHAPHIOLEPIS I. 'CLARA' INDIA HAWTHORN 5 GAL. 54 Groundcovers Vines TRACHELOSPERMUM JASMINOIDES STAR JASMINE VINCA MAJOR PERIWINKLE DISTICUS BUCCINA TORIA 1 GAL. ® 3' OCAS REG'S. FLATS ® 9' OCAS REQ'D. BLOODED TRUMPET VINE 15 GAL. 6 2025 F AV JE CONDOMINIUM CONVERSION L.L. ESCAPE PLAN i.e.; -cSIGN NATIONAL CITY PLANNING DEPT. EXHIBIT B CASE FILE NO: S-2 O6-9iCUP-2oo6-7[7 2OQ 5 DATE: 10/11/2006 1. Proposed New Wooden Fence, with Lattace Above 2. Proposed New Raised Panel Doors 3. Proposed New Dual Glazed Vinyl Windows 2025 F AVENUE CONDOMINIUM CONVERSION 4. Proposed New Wooden Columns with Chamfered Corners 5. Proposed New Wooden Rails and Bal!asters. 6. Proposed New stairs. 7. Existing Siding to be Repainted 8. Existing Brick Wainscot to be Sandblasted to Expose Brick F AVENUE ELEVATION /— 7 i.e. Design w 2025 F AVENUE CONDOMINIUM CONVERSION 1. Furred Out Wainscot Clad with a Stucco PTaa-er Fiflish 2. New Raised Panel Relief Clad in Stucco 3. Solid Overhang Clad in Stucco EAST FACING PARKING LOT ELEVATION i.e. Design 20th STREET �. BASIS OF BEARINGS M WE O S.AM= RR 1116 NAP 6 M MAMMA CIXWL1R VAIN 1W SS CPf [ fl CAM. [E1RICN gylFSlr M. n]B B3f m61! E M .EBI) .VD M 1lM (11 fAA1,AAe], C q-vta.s k) 0[P MI NO YIWL 0.10112511 BMA, [WOO SCME rAc6D ORAL.*LYT Q °Og1Ilm L ALA IAETDI BASIS OF ELEVATION* IVE MSS 00010S (01,. 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GL'A0M 0R A0.[RY3 tlU"1E0 70 A4AR }OMEN MAILR COIAx,, eY ME0 n[Op1O: AYIF e, Iw91X BC0L ], PACE I]s CF IXEM X�p[5ER08250 N6, l»Y M 0000 12)7 !ACE 131 oa. 14010 n:.110*Lax 1*01. e1°N1::«Ls%4PI.¢iii"¢q. O 0C MCL.Lm11 0IMS 1Cm .fliu0 1010(*1*0 0 A95 Ax0 CAMLRD 0Ou MCP" CMYU5PA 1Et(PMO1C CM OR 1 MwttO: v 219. ® ALOMAME LASLYL41-SER.B�unrcAiror a OOND WJDFN T.LL NRPoSEui. ¢YCN'Iri F1Op TD . NCR'Gu AT*, 4300I tt0,11. RECOOER MY LI, L)D WFB¢C ]IRL, 0A44 1 p,fl. ' L _ N+PP :i LEGAL DESCRIPTION' TER NCT. ly, RA 4)O BE 14 u.L11p1 in a1NC 01 L Cl n, CR ., 0[ Sw OCw, SIAIE 5 MORRILL110 A611. M 6 10 MELIM ffICE Cr ME uMEE BY RECO,. Cr BSAMEPOO COMM DUMBER AS�rOLLan COYY0ICN6 AT A PCMT W MC FAS105tl IEx2 Cr SA* LOS 1L 0qr IS Rolm rpm, 500;, 1b30 Mt. Rql 11E SWM1(AST C*R5E5 Or SAO WTI 110KC Sg1M ?MOW 1E A WIMLAILELLM1 45Ap0ICE Lilo TAN1 ECl 00 1BJ[ rgxr 00 BLOu:r0c: C1MRM spun, N..' Ks, a up PARALLEL O L SA.M 1C[1, M[w[ x0ilx 1BVtp1' K51. IO.sO MCEV Tp 4 111 7 1N MC U S Tr01NY W[ V RIN 1101. 5 0 01 11 Y00 2 UT 4M !M 1WRM@LY F. s[O W MI m A roxl M w0 wRMLRY 1ML NO scan, >IOpm' M.n, 011. "AM SD mc .1 1111.0, un, nA.nD FEE/ ro ME TRUE PONT or MpxM.uc. OWNER DRAEY, U 950YJ DEVELOPER 4 N.M,AVCREd OR Wur, or gm, OM@ LCKLO•Fx DAL[ SURVEYOR'S STATEMENT. RRC_OW x]yS B1Y1 21100E A[wl Aup RE4p e,X,, L Ines 11 MO IL LEGEND mourns O 0 IV 11.111.NP.N10 sroe • AALL corrEIC A lulu Romvo Fromm. 1dVALUMEI5G Imam 0:0Y0M 1R1r PPI)poPr1' D. cPiR unc r[ _ s. Merv.. By um, swwe a x�www M oy.., ae s,.r.e. n.MMry I.. Ad* .34 Fwrin A Y _ MT Diem CA 93103-49.11 ReJ.y: 1] MeV,. A.y.sx goo.-r �s r A.r„xr .M1 ono! rily •AUFMNu Hamm ]1p5-15r )11 CONO V TOTAL, AP Mnm 9. Myren R.. im Rev,. e: Remo, Re1flm 3: 1. a1D;,,r 0m.. L=ILRu 35, 3m5 EAS1l1 LOND'110.5 Aeel 1 nl Arsyr City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21, 2006 27 AGENDA ITEM NO. ITEM TITLE An Ordinance of the City of National City Rezoning certain Parcels of Real Property Pursuant to the Land Use Code from IP-PD to RM-3-PD for an 11.9 Acre Vacant Site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File No. GP-2006-1/ZC-2006-1) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the October 17, 2006 public hearing. The attached Ordinance is needed to follow through on that action. Environmental Review NIA Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION L /Introduce the attached Ordince. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Ordinance Resolution No. A-200 (9199) ORDINANCE NO. 2006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT (IP-PD) TO SENIOR CITIZENS' HOUSING -PLANNED DEVELOPMENT (RM-3-PD) FOR AN 11.9 ACRE VACANT SITE BETWEEN4T" AND 8TH STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE APPLICANT: GENERATIONS DEVELOPMENT, LCC CASE FILE NOS. GP-2006-1/ZC-2006-1 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission and by the City Council, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council found that on the basis of any comments received that there is no substantial evidence that the project will have a significant effect on the environment, and adopted a Notice of Exemption which addresses both said General Plan amendment and rezoning; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned from Private Institutional -Planned Development (IP-PD) to Senior Citizens' Housing -Planned Development (RM-3-PD): An 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive, as described on attached Exhibit A. Ordinance No. 2006 - November 21, 2006 Page 2 Section 3. That a Notice of Exemption was filed indicating that the rezoning will not have a significant effect on the environment. PASSED and ADOPTED this day of , 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney emwr�Mrr�Wfamlmo�nn au so • • I L_ .1.11I�w I MOM as tus we fo-ltl-fe➢ wn Ht11/8 (11-otl-xt nn MUw IZ-Ot 1-149xdv t-06,111 IIM II•e•'oa-rse NM oz AO wwHdde IOUs and NOW) rrc 11.1 a-0tl-KS Nell Jo wooled cz-ncNet oz-DCl-rct WI/ do wou1ue SZ-OLI-ISS Neff AO Nounod a-Oil-ss HSI Inut ND EXHIBIT "A" SECOND READING City of National City, California COUNCIL AGENDA STATEMENT 28 MEETING DATE November 21, 2006 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2.01.020 W OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE AUTHORITY OF THE CITY MANAGER PREPARED BY George H. Eiser, III P4 DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Pursuant to the administrative consolidation of the CDC. with the City earlier this year, the City Manager was appointed Executive Director of the CDC. Section 2.01.020 W of the Municipal Code, which sets forth the duties of the City Manager, was thereafter amended to reflect this additional authority. Recently, the City Manager delegated the duties of Executive Director of the CDC to Brad Raulston. The proposed amendment would reflect this action by specifically enabling the City Manager to delegate this authority. Environmental Review V NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve ordinance - second reading BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance Resolution No. A-200 (9/99) ORDINANCE NO. 2006 — 2288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 2.01.020 W OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO THE AUTHORITY OF THE CITY MANAGER BE IT ORDAINED by the City Council of the City of National City that Subsection W of Section 2.01.020 of the National City Municipal Code is hereby amended to read as follows: W. To serve as executive director and secretary of the Community Development Commission of the City of National City, and to delegate that authority. PASSED and ADOPTED this 21 st day of November, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT ',MEETING DATE November 21, 2006 AGENDA ITEM NO. 29 ITEM TITLE Approval of the Conceptual Design for a Bronze Art Sculpture at National City's Main Fire Station #34 PREPARED BY Susanna Hernandez- Peredo EXPLANATION (619) 336-4243 DEPARTMENT Community Services Please see attached Staff Report J (-Environmental Review X N/A Financial Statement Tnw 0,,7 The amount for the Contract Agreement is $70,000. Funding is available through Account No. 250-409-500-598-1588 >STAFF RECOMMENDATION Account No. Approve the Fire Station Art "Conceptual Design" BOARD/COMMISSION RECOMMENDATION The National City Public Art Committee endorsed the recommended Conceptual Design with the following votes: Ayes-Peredo,Martinelli,Virchis,Peji,Chacon; Nays -Campbell; Absent-Cavada, O'Conner ATTACHMENTS ( Listed Below) Resolution No. 1.Staff Report 2.Artist Rendering A-200 (s/Oo1 Staff Report: On August 16"', 2005 the City Council unanimously approved an Agreement with Richard Becker Sculpture to design, fabricate and install a bronze art sculpture at National City's Main Fire Station #34. The project was then put on hold due to the City's financial problems and the defeat of Proposition B. A Subcommittee of the National City Public Art Committee has held a series of meetings with Mr. Becker to create the enclosed conceptual design. The subcommittee was comprised of members of the Public Art Committee, National City Firefighters, the City Engineer, and the Fire Station's Architect. These meetings included reviewing and providing feedback on sketches, drawings, and a clay maquette. The National City Public Art Committee at its regular meeting of October 14, 2005 approved the recommended conceptual design. If approved by the City Council, the next step in the process would be a four month full -sculpting period followed by foundry work and installation/ dedication. The City Council will have final approval for each of these steps. The artistic goals for the art piece were to create a unique, enduring work of art that would grace National City Fire Station for centuries to come. In addition, the goal was to create an artwork that would honor the service of past and present firefighters; inspire those of the future, engage the public, and relate to National City's firefighters. The recommended design is a 6' x 6' x 1' bronze Maltese form on a 3' concrete base, freestanding behind an existing curved wall and flanked by the Fire Station's flagpoles. Three figures honor the past, present, and future. The past is depicted by a circa 1887 firefighter, the present by a modern-day firefighter in appropriate gear, and the future by a child aged 4-5 years of age. "Lieutenant Louie," National City's first official Fire Department canine, sits on the wall, faithfully on guard. The recessed backside content contains NCFD insignia elements. The mounted size would be approximately 9 feet tall, giving figures a larger -than -life presence. The proposed conceptual design meets all required code and safety requirements. A clay maquette of the proposed of the proposed sculpture will be available for viewing in the City Council office in advance of Tuesday's meeting. the sculpture of rd beck ego museum of copley.auditorium ba Iboa.,.p Artwork Concept Presentation National City Fire Dept. Headquarters richard becker sculpture 18 Oct•05 www. richardbecker. corn Create a unique, enduring work of art that will grace National City for centuries. A work that - honors the service of past and present - inspires those of the future - engages the public - and relates to the Firefighters © richard Becker sculpture www.richardbecker.com 05th May 05 • Initial Interviews, 5 concepts introduced 24th May 05 • Second interview, additional composition introduced © richard becker sculpture www.richardbecker.com 15th Jul 05 Subcommittee Meeting • Reviewed concepts • Past/Present/Future Ring selected for further development O richard Becker sculpture www.richardbecker.corn Preliminary Concept Ring: Past/Present/Future 6 ft high x 1 ft thick bronze ring Freestanding behind the curvedw; Flanked by the station's flagpoles © richard beck€ 15 Jul 05 Requests/Ideas: • Incorporate Firefighter_ maltese shape • Use youth to depict the "future" -Louie the dog facing watching over the Firefighters •Create connection/action between figures: from past to present to future rcr� k't Eyl'f pm i 6fit'1zr7!•ft4e., -Integrate NCFD mottos rr "Over a Century ofI�> Dedicated Service" G richard Becker sculpture 42 i 3 c A)-ozPi` { • Zit l <..rlrrr !£if, .w, Paa- -E ,r,.,5'FT.xl.r,., - rJr.€ -._, ll r+ 'c .-. ;'P=71) 14AmD If=ear rf. h1Cdr 0,11 o;.� Yet M1 J C7r1T-kr, t- Y I C: .1 I_ 1;i F,: e,:..i; www.richardbecker.com 28th Sep 05 • Reviewed first 3-d sketch • Gathered inputs: • Enhance maltese form • Add symbolic elements: bugles and ladder on front ring • Enhance "present" firefighter's gear: add radio and mic Backside content — use NCFD insignia elements • Make child approx 4-5 yrs old, with Future Firefighter badge • Architect's input on mounting and size: — Create cylindrical concrete pedestal similar to flag pole post (spiraling top) — Mounted size will be approx 9feet tall (bronze —6ft diameter on —aft concrete base). This will give figures larger -than -life presence © richard backer sculpture www. richardbecker. corn 14th Oct 05 • Presented concept for full committee, public input and approval 0 richard becker sculpture www.richardbecker.com 6.5 feet (highest point —9 ft hi from g~ound level) © richard backer sculpture Sculpting o firefighter maltese, lettering will be precise, medal - like (i.e. not loose and expressive) yes and Gear will be rendered in expressive/realistic style (similar to soul mates) www. richardbecker. corn recessed to a raised letter Sculpting of maltes (i.e. not loose and ie © richard becker sculpture raised / bas relief www. richardbecker. corn O richard becker sculpture www. richa rd becke r. com richard becker sculpture www. richa rdbecker. corn richard Pecker sculpture www.richardbecker.com © richard Becker sculpture www.richardbecker.com EXAMPLES 0 richard becker sculpture www.richardbecker.com Patina Recommendation: Classical bronze to accent front signage and age gracefully © richard becker sculpture www. ri ch a rd be cker. co m soul mates www.richardbecker.com Born in 1958 in Southeast Los Angeles, Richard Becker demonstrated an early proficiency for the arts. An "award -winning" sculptor at age 8, he continued to draw and paint as a youth, but with his aptitude for the sciences and his drive to move past his circumstances, he built a career in technology including several patents and an advanced degree from Stanford. Aside from an occasional drawing or sketch, he dropped art completely -- he took only one art class after age 12. Twenty-four years later, Richard began a 3 year European work assignment that brought art back into his life. "While living in Barcelona and traveling in Europe l had an artistic awakening. Art was everywhere — the plazas, the museums, the architecture... I was especially drawn to sculpture. One day I bought some clay on a whim. / sat on the veranda and formed a crude little head. It was an electric experience — I loved it. From that moment on creating sculpture has been my consuming passion." Making up for "lost" time, Richard's artistic training has been intense. While living in Spain, he studied at Barcelona's Escola d'Art. Returning to the U.S. in 1997 with a drive to capture expressive human realism, he studied briefly at the Art Academy of Los Angeles, worked under New York Academy of Art Sculpture Director and Rodin Grand Prize winner Martine Vaugel, with sculptor Chris Pardell and with anatomist Vlad Medenica. Richard's home and studio are in Southern California. His works can be found in European and American collections and have been humbly exhibited alongside world greats including Hart, Picasso and Rembrandt. In 2003 Richard was invited into the Artist Guild of the San Diego Museum of Art and Awarded the National Sculpture Society's Edward Fenno Hoffman Prize for uplifting sculptural works. © richard becker sculpture www.richardbecker.com Awards & Recognition - National Sculpture Society's Edward Fenno -Hoffman Prize for uplifting works - Finalist, National Figure Modeling Competition - Works selected for Art to Benefit Humanity Auction, Ritz -Carlton, Laguna - Member of the San Diego Museum of Art Artist Guild, The National Sculpture Society and the International Sculpture Center Education - Workshops with Martine Vaugel, Rodin Prize recipient, Director New York Art Academy (1998, 2000) - Escola d'Art Barcelona (1997) - Los Angeles Art Academy (1999) - Stanford University (1988) Q) Commissions - Frontier -Life Monument, City of Poway (unveiling Summer 2006) - Mountain Lion grouping, City of Poway (unveiling Summer 2006) - Portrait of Commander Frank Burger, POWs of America (2005) - Portrait of Captain Matt Bancroft, USMC, Bancroft Foundation (2002) - Private Portrait of I. Fonts, Barcelona, Spain (1997) Exhibits - San Diego Museum of Art, Festival of Fine Arts, San Diego, CA (2005) - National Sculpture Society's "The Sea," Park Avenue Atrium, New York City, NY (2005) - Sculpture in the Park, Loveland, CO (2004) - Exclusive Collections Gallery, San Diego, CA (2003) - Fingerhut Gallery, La Jolla, CA (2002) Collections - Works in private collections in the US, UK and Europe. www.richardbecker.com richard becker sculpture +1.858.513.2735 email: rb c©richardbecker.com website: www.richardbecker.com © richard becker sculpture www.richardbecker.com thank you © richard becker sculpture www.richardbecker.com City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE : November 21, 2006 AGENDA ITEM NO. 30 ITEM TITLE: MEMORANDUM OF UNDERSTANDING FOR MULTI -DISCIPLINARY ANTI -TRAFFICKING TASK FORCE PREPARED BY: : CAPTAIN LEONARD KNIGHT DEPARTMENT: POLICE EXTENSION 4512 EXPLANATION: THE MULTI -DISCIPLINARY ANTI -TRAFFICKING TASK FORCE AGREEMENT IS A CONTRACT BETWEEN THE SHERIFF'S DEPARTMENT AND OTHER LAW ENFORCEMENT AGENCIES WITHIN THE SAN DIEGO COUNTY FOR THE SOLE PURPOSE ON ADDRESSING HUMAN TRAFFICKING. THE AGREEMENT WAS SIGNED EARLIER THIS YEAR BY THE CHIEF OF POLICE. HOWEVER, REVISIONS TO THE ORIGINAL AGREEMENT REQUIRES THE APPROVAL AND SIGNATURE OF THE CITY MANAGER. Environmental Review V N/A Financial Statement N/A Account No. STAFF RECOMMENDATION REQUEST CITY COUNCIL TO GIVE THE CITY MANAGER THE AUTHORITY TO APPROVE AND SIGN THE MEMORANDUM OF UNDERSTANDING FOR THE MULTI -DISCIPLINARY ANTI -TRAFFICKING TASK FORCE BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. REPORT FROM CHIEF GONZALES "SUMMARY OF AGREEMENT FOR MULTI -DISCIPLINARY ANTI -TRAFFICKING TASK FORCE NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: November 1, 2006 TO: National City Mayor and City Council FROM: Police Chief Adolfo Gonzales /14 SUBJECT: Summary of Agreement for Multi -Disciplinary Anti -Trafficking Task Force Chief of Police Adolfo Gonzales signed the Memorandum of Understanding (MOU) for the Multi -Disciplinary Anti -Trafficking Task Force earlier this year. Subsequently, changes were made to the original agreement. One of those changes required that the City Manager approve and sign the MOU. The MOU for the Multi -Disciplinary Anti - Trafficking Task Force is outlined below in the following paragraph: I. Objective of Anti -Trafficking Task Force is to empower law enforcement to better identify and interdict human trafficking in its various forms whether it is forced prostitution, indentured servitude, peonage, or other forms of forced labor. II. Scope of Services: The San Diego County Sheriff's Office (SDSO) will be responsible for maintaining the Anti -Trafficking Task Force and its activities within San Diego County. I. Basic Services: The SDSO and participating agencies (which we are a part) will perform the following functions after normal business hours: a. Collaborating in Multi -Jurisdictional Investigations. b. Participate in training to ensure victim safety and identification. c. Participate in Multi -Disciplinary Anti -Trafficking Task Force meetings. d. Collaborating with federal agencies and service providers in the identification of victims. e. Participate with SDSO personnel in bi-monthly meetings to review cases. f. Coordination of victim services, surveillance and investigation, intelligence gathering, and other related activities. II. Time Period of Agreement will commence at midnight, October 30, 2006 and will continue in effect through and terminate at midnight on October 31, 2007. Renewal or extension will be subject to remaining grant funding that is approved by the US Department of Justice. III. Termination: Any agency may terminate its participation with a ninety -day (90) minimum written notice to other participating agencies. IV. Adequate Staffing will be the responsibility of the SDSO. V. Equipment and payment: The SDSO will provide all supplies, prescribed safety gear, body armor, and standard issue equipment necessary. The SDSO will compensate us for preauthorized overtime worked on task force activities. VI. Participating agencies are (including National City PD): San Diego County Sheriffs Department, San Diego PD, Carlsbad PD, Chula Vista PD, Coronado PD, El Cajon PD, Escondido PD, La Mesa PD, Oceanside PD, and San Diego Harbor PD. 1 d16I/Se ) AGREEMENT AMONG THE COUNTY OF SAN DIEGO, THE SAN DIEGO COUNTY SHERIFF, and LOCAL LAW ENFORCEMENT AGENCIES MULTI -DISCIPLINARY ANTI -TRAFFICKING TASK FORCE This Agreement is between THE COUNTY OF SAN DIEGO ("COUNTYJ,by and through THE SAN DIEGO COUNTY SHERIFF ("SHERIFF"), and the CITY OF CARLSBAD, CITY OF CHULA VISTA, CITY OF CORONADO, CITY OF EL CAJON, CITY OF ESCONDIDO, CITY OF LA MESA, CITY OF NATIONAL CITY, CITY OF OCEANSIDE, CITY OF SAN DIEGO, the UNIFIED PORT OF SAN DIEGO, by and through their respective police departments or law enforcement agencies,, for continued support of the Multi -disciplinary Anti -Trafficking Task Force ("Task Force"). (Note: "AGENCIES" will be used to refer to the cities and their respective police departments; law enforcement agencies in both the collective sense where appropriate and also to identify responsibilities attributable to all of the agencies on an individual basis, as the context of the contractual provision indicates.) RECITALS WHEREAS, COUNTY through SHERIFF received funds from the U. S. Department of Justice, Bureau of Justice Assistance, under the Law Enforcement and Service Provider Multi - Disciplinary Anti -Trafficking Task Force; and WHEREAS, funds shall be used to support the Task Force which empowers SHERIFF and AGENCIES to better identify and interdict human trafficking in its various forms; and WHEREAS, Government Code §5563 1 et seq. authorizes COUNTY through SHERIFF and AGENCIES to contract with SHERIFF for provision of joint law enforcement services; and WHEREAS, COUNTY through SHERIFF together with AGENCIES currently form Task Force pursuant to a Memorandum of Understanding dated April 18, 2005; and WHEREAS, COUNTY through SHERIFF and AGENCIES desire to enter into a new agreement with provisions concerning the nature and extent of Task Force services to be collaborated with SI-IER1FF, and establishing the compensation to be paid therefore; NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, COUNTY and AGENCIES jointly intend that COUNTY through SHERIFF will fund, and SHERIFF and AGENCIES will provide, a level of Task Force services, as set forth in this Agreement. �iNeted: Deleted: and SAN DIEGO HARBOR POLICE DEPARTMENTS (AGENCIES) AGREEMENT I. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the U. S. Department of Justice, Bureau of Justice Assistance requirements under the Law Enforcement and Service Provider Multi- disciplinary Anti -Trafficking Task Force Grant. This Agreement supersedes and replaces the April 18, 2005 Memorandum of Understanding (MOU) between SHERIFF and AGENGIES for the period ofNovember 1, 2004 through October 30, 2005, including all supplements, insofar as that MOU relates to provision of Task Force Activities within San Diego County. II. SCOPE OF SERVICES A. Method of Service Delivery SHERIFF will maintain an Anti -Trafficking Task Force which will be responsible for performance of COUNTY and AGENCIES obligations under this Agreement. The SHERIFF'S Task Force will be staffed as described in section IV. - Standards of Service: Obligation of the Parties. B. Basic Services COUNTY through SHERIFF and AGENCIES will provide Task Force activities ("Activities) within the jurisdiction of San Diego County. The Activities will consist of personnel from SHERIFF and AGENCIES performing the following Task Force functions after normal business hours: collaborating in multi -jurisdictional investigations; participating in training to ensure victim safety and identification; participating in Multi -disciplinary Anti -Trafficking Task Force meetings; collaborating with federal agencies and service providers in the identification of victims; 2 participating with SHERIFF personnel in bi-monthly interdisciplinary, multi -agency meetings for the purpose of case review, coordination of victim services, surveillance and investigation techniques, and intelligence gathering; and, participation of specialized units within SHERIFF department and AGENCIES to assist in Task Force Activities. III. TERM OF AGREEMENT A. Initial Term The term of this Agreement shall commence at midnight, October 30, 2005, and shall continue in effect through and terminate at midnight on October 31, 2007; subject to the termination provision in section III. B. below. B. Option to Extend Renewal or extension of the Agreement beyond October 31, 2007 shall be subject to remaining grant funds and to a no cost time extension approved by the U. S. Department of Justice. C. Termination Subject to the applicable provisions of state law, any party may terminate its participation in this Agreement upon ninety -day (90) minimum written notice to the other parties. IV. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES A. Anticipated Service Outcome The anticipated outcome of the Task Force Activities to be provided by COUNTY through SHERIFF and AGENCIES under this Agreement is the ability to empower law enforcement to better identify and interdict human trafficking in its various forms 3 whether it is forced prostitution, indentured servitude, peonage, or other forms of forced labor. COUNTY through SHERIFF and AGENCIES shall provide Task Force with qualified personnel to meet the following performance standards and scope of service: 1. General All personnel of SHERIFF and AGENCIES who perform Task Force Activities pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification. 2. Collaborating in Multi -jurisdictional Investigations Services shall include, but not be limited to: a. Identifying the criminal enterprise that recruits, buys, sells and abuses victims. b. Pursuing joint investigations to leverage resources to ensure traffickers are brought to justice. 3. Collaborating with Federal Agencies and Community -based Social Service Providers in the Identification of Victims Services shall include, but not be limited to: a. Victim identification and rescue. b. Working with victim and social services organizations to identify other victims and to bring perpetrators to justice. c. Preventing victims from being further victimized by traffickers. 4. Training to ensure Victim Safety and Identification 5. Meeting Participation Attending bi-monthly inter -disciplinary, multi -agency meetings for: 4 1. Case review; 2. Coordination of victim services; 3. Surveillance and investigation techniques; and, 4. Intelligence gathering. 6. Participation of Specialized Units Services shall include, but not be limited to: a. Assistance from ASTREA for aerial photos. b. Assistance from SWAT for dynamic entries at high risk locations. B. Assignment of Personnel 1. Sheriff's Discretion The management, direction, and supervision of SHERIFF Task Force personnel; the standards of performance; the discipline of deputies; and, all other matters incident to the performance of such services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF'S sole but reasonable judgment and in accord with the provisions of applicable labor agreements. SHERIFF shall be the appointing authority for all SHERIFF personnel provided to Task Force by this Agreement. AGENCIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in COUNTY'S performance of this Agreement. 2. Agencies' Discretion The management, direction, and supervision of an individual law enforcement agency's, Task Force personnel; the standards of performance; the discipline of officers; and, all other matters incident to the performance of such services, shall be Deleted: AGENCIES' performed by and be the individual responsibility of each respective agencyyin ,agency's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each law enforcement agency shall be the appointing authority for,its respective personnel provided to the Task Force by this Agreement. COUNTY through SHERIFF shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in AGENCIES' performance of this Agreement. 3. Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the Anti -Trafficking Task Force. ,Each tesnectiniftexicvlhall select and designate a coordinator,under this Agreement. The designated coordinators for each party shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 4. Staffing for Basic Services SHERIFF and AGENCIES shall ensure that adequate numbers of qualified SHERIFF and AGENCIES personnel are provided to Task Force Activities at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 5. Pre -Authorization of Overtime AGENCIES' designated coordinators shall contact SHERIFF designated coordinator for authorization to work overtime prior to the scheduled Task Force 6 Deleted: AGENCIES J Deleted: AGENCIES Deleted: AGENCIES , -{ Deleted: afl {Deleted: AGENCIES l Deleted: their f Deleted: respective agency Activity detail. SHERIFF shall not reimburse any overtime worked by AGENCIES' personnel that is not approved in advance. 6. Equipment and Supplies COUNTY through SHERIFF will provide SHERIFF Task Force personnel with all supplies and prescribed safety gear, body armor, and standard issue equipment necessary to perform Task Force Activities. Each law enforcement agency will provide jts respective Task Force personnel with all supplies and prescribed safety gear, body armor, and standard issue equipment necessary to perform Task Force Activities. V. COST OF SERVICES/CONSIDERATION A. General As full consideration for the satisfactory performance and completion by SHERIFF and AGENCIES of Task Force Activities set forth in this Agreement, COUNTY through SHERIFF shall pay to SHERIFF and AGENCIES for personnel assigned to perform Task Force Activities on the basis of invoices and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of the U.S. Department of Justice, Bureau of Justice Assistance grant funds. B. Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall compensate ,SHERIFF and AGENCIES for preauthorized overtime worked by personnel assigned to ........... perform Task Force Activities,based upon available funding and the actual costs incurred by SHERIFF and AGENCIES to provide,Activities under this Agreement., Deleted: AGENCIES Deleted: AGENCIES Deleted: Deleted; by their Task Force persormel { Deleted: Task Force Deleted:. C. Method of Payment 1. AGENCIES shall fax an itemized invoice, timesheets, and any other related supporting documentation that represents amounts due under this Agreement to SHERIFF no later than 5:00 p.m. of the first (1) business day following the end of each month of the contract year, and no later than 5:00 p.m. of the first (.1) business day of each succeeding month during the term of this Agreement. a. Invoice, timesheets, and other related supporting documentation must have the signature of each law enforcement agency's,designated coordinator or his or her designee, certifying that the invoice, timesheets, and related documentation are true and correct. 2. AGENCIES shall mail original documents in section V.C.1. no later than 5:00 p.m. of the second (2) business day following the end of each month of the contract year, and no later than 5:00 p.m. of the second (2) business day of each succeeding month during the term of this Agreement to: San Diego County Sheriff's Department, Financial Services Division (Grants Unit), Ref: Multi -disciplinary Anti -Trafficking Task Force, P. O. Box 939062, San Diego, CA 92193. 3. Within thirty (30) business days upon receipt of valid invoice, SHERIFF will pay ,AGENCIES for the Basic Services agreed to. 4. AGENCIES shall maintain payroll records for each and every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, and regular and overtime hours worked. AGENCIES shall make available to SHERIFF for inspection, upon request, all Deleted: AGENCIES l Deleted: to payroll records and any other records that relate to the Basic Services provided to SHERIFF under this Agreement. VI. INDEMNIFICATION RELATED TO WORKERS COMPENSATION AND EMPLOYMENT ISSUES A. The COUNTY shall fully indemnify and hold harmless AGENCIES„and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (I) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. B. ,Fach law enforcement aaencv shall fully indemnify and hold harmless the COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the respective agency or any contract labor provider retained by the law enforcement agency,or (2) Deleted: its {Deleted: The AGENCIES [ Deleted: AGENCIES -1. Deleted: AGENCIES any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of he law enforcement agency or any contract labor provider retained by,the law enforcement agency. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE 1. Claims Arising From Sole Acts or Omissions of COUNTY The COUNTY hereby agrees to defend and indemnify AGENCIES, their agents, officers and employees, from any claim, action or proceeding against AGENCIES, arising solely out of the acts or omissions of COUNTY in the performance of this Agreement. At its sole discretion, each law enforcement agency,may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve COUNTY of any obligation imposed by this Agreement. AGENCIES shall notify COUNTY promptly of any claim, action or proceeding and cooperate fully in the defense. 2. Claims Arising From Sole Acts or Omissions of AGENCIES ,Each taw enforcement agency hereby agrees to defend and indemnify COUNTY, its agents, officers and employees from any claim, action or proceeding against COUNTY, arising solely out of the acts or omissions of the respective law enforcement agency in the performance of this Agreement. At its sole discretion, COUNTY may participate at its own expense in the defense of any such claim, action or proceeding, but such 10 LDeleted: AGENCIES Deleted: AGENCIES J "l Deleted: its Deleted: AGENCIES ( Deleted: The AGENCIES Deleted: AGENCIES participation shall not relieve,anyparty of any obligation imposed by this Agreement. COUNTY shall notify AGENCIES promptly of any claim, action or proceeding and cooperate fully in the defense. 3. Claims Arising From Concurrent Acts or Omissions The COUNTY hereby agrees to defend itself, and AGENCIES hereby agree to defend themselves, from any claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY and AGENCIES. In such cases, COUNTY and AGENCIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 5 below. 4. Joint Defense Notwithstanding paragraph 3 above, in cases where COUNTY and AGENCIES agree in writing to a joint defense, COUNTY and AGENCIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY and AGENCIES. Joint defense counsel shall be selected by mutual agreement of COUNTY and AGENCIES. COUNTY and AGENCIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below. COUNTY and AGENCIES further agree that n , party may bind the others to a settlement agreement without the written consent oirCOUNTY and AGENCIES. 5. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, COUNTY and AGENCIES may seek reimbursement and/or 11 Deleted: AGENCIES 1 [ Deleted: itself Deleted: either 3 Deleted: both reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. VII. GENERAL PROVISIONS A. Independent Contractor Status In the performance of services under this Agreement, COUNTY and AGENCIES acknowledge and agree that COUNTY and its respective officers, agents and/or employees shall be deemed independent contractors and not officers,.agents or employees -of AGENCIES; AGENCIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of COUNTY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by AGENCIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their respective agencies,and,each a•encv assumes full responsibility for the actions of such personnel in the performance of services hereunder. COUNTY and AGENCIES acknowledge and agree that COUNTY does not control the manner and means of performing the work of AGENCIES' officers, agents or employees who perform Task Force Activities, nor does COUNTY have the right to hire or fire such officers, agents or employees. AGENCIES do not control the manner and means of performing the work of COUNTY officers, agents or employees who 12 l Deleted: its {-Deleted: AGENCIES ( Deleted: AGENCIES perform Task Force Activities, nor do AGENCIES have the right to hire or fire such officers, agents or employees. COUNTY has no authority of any kind to bind AGENCIES, and AGENCIES have no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act, or represent itself directly or by implication as an agent of AGENCIES, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of AGENCIES. AGENCIES shall not act or attempt to act, or represent themselves directly or by implication as an agent of COUNTY or SHERIFF, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY. B._Notices Any notice, request, demand or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: ireQtoc County of San Diego Purchasing and Contracting, 5555 Over land Avenue, Suite 1111 San Diego, CA 921,E To AGENCIES: Chief of Police Carlsbad Police Dept. 2560 Orion Way Carlsbad, CA 92010 AND Sheriff County of San Diego P. O. Box 939062 San Diego, CA 92193 Chief of Police Chula Vista Police Dept. 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police Chief of Police 13 Chief of Police Coronado Police Dept. 700 Orange Avenue Coronado, CA 92118 Chief of Police Deleted: itself Comment( 43: BILL Does DCAD aced m be listed? Deleted: eputy Chief Administrative Officer Deleted: ublic Safety Group .{ Deleted: 734 West Beech Deleted: 301 Deleted: m El Cajon Police Dept. 100 Fletcher Parkway El Cajon, CA 92020-2593 Escondido Police Dept. 700 W. Grand Avenue Escondido, CA 92025 La Mesa Police Dept. 8181 Allison Avenue La Mesa, CA 91941 Chief of Police Chief of Police Chief of Police National City Police Dept. Oceanside Police Dept. San Diego Police Dept. 1200 National City Blvd. 3855 Mission Avenue 1401 Broadway National City, CA 91950 Oceanside, CA 92054 San Diego, CA 92101-5729 Chief of Police San Diego Harbor Police Dept. 3380 N. Harbor Drive San Diego, CA 92101 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. C. Amendment: Assignment This Agreement may be modified or amended only by a written document signed by all parties, and no oral understanding or agreement shall be binding on the parties. No party shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other parties. D. Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and AGENCIES with respect to the subject matter heretq. As such, all prior written and oral understandings are superseded in total by this Agreement. 14 { Deleted: of a waiver ofmother party's preceding breach of this Agreement. G. Authority to Enter Agreement E. Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. F. Waiver A waiver by COUNTY or AGENCIES of a breach of any of the covenants to be performed by COUNTY or AGENCIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or Deleted: either conditions of this Agreement. In addition, the failure of a�party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or AGENCIES of either performance or payment shall not be considered { Deleted: the 1 Deleted: each COUNTY and AGENCIESShave all requisite power and authority to conduct their _ [Deleted: its respective business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. H. Cooperation 15 COUNTY through SHERIFF and AGENCIES will cooperate in good faith to implement this Agreement. I. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. J. Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the parties, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to anvparty is lost, then the Agreement may be terminated at the option of the affected party, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. K. IL,egislativelChanges If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the U. S. Department of Justice, Bureau of Justice Assistance imposes any budget requirements or limitations applicable to this Agreement and the services to be provided hereunder, then (1) to the extent any of the changes are of mandatory application, such change(s) shall apply to the parties and this 16 Deleted: either d Comment (d51:_ BILL: Is the wording in this section.correctfor this Agreement?. Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this Agreement in which case such material provision shall be voidable and the parties will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shall not affect this Agreement or the right or obligations of COUNTY and SHERIFF, and AGENCIES, under this Agreement unless the parties mutually agree to subject themselves to such changes(s). L. Representation AGENCIES' Chiefs, of Police, or ,heir respective designees, shall represent_,_. AGENCIES in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. M. Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Deleted: ' Deleted: his er her 1 Deleted: ' Agreement, the SHERIFF, or his or her designee, and AGENCIES_ ChiefkofPolice, or , • ,their respective designees, will meet and confer within 10 (ten) business days after receiving notice of the dispute to resolve the dispute. N. Termination of Funding In the event that funding for reimbursement of costs related to Task Force Activities is terminated by the U. S. Department of Justice, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and AGENCIES shall no longer be required to provide Task Force Activities as described herein. In such event, the parties shall meet immediately, and if agreed upon by the parties, mutually develop 17 Deleted: his or her Comment [cf6]: BILL: Is it o.k. that I deleted the highlighted sentences above? if not, for the purposes of this ekgreement, doe§ The cm) need,tb .; and implement within a reasonable time frame, a transition plan for the provision of Task Force Activities through alternate means. O. Obligation This Agreement shall be binding upon the successors of the Chiefs, of Police. of AGENCIES and the SHERIFF., This Agreement is executed and delivered within the State of California and the rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2006. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO PURCHASING & CONTRACTING SHERIFF'S DEPARTMENT Winston McCoII Director William B. Kolender Sheriff CARLSBAD POLICE DEPT. CHULA VISTA POLICE DEPT. Tom Zoll Chief of Police Richard Emerson Chief of Police CITY OF CORONADO, CITY OF EL CAJON, ,Mark Ochenduszko City Manacei 18 ,Kathi J. Henry ,Cnv Manager {Deleted: ' Deleted: , Deleted: and the Members of the COUNTY Board of Supervisors.I Deleted: 9 1 I A iDeleted: POLICE DEPT. Deleted: POLICE DEPT. J `Deleted: Paul Crook . Deleted: Clifford Diamond (L. Deleted: Chief of Police Deleted: Chief of Police ESCONDIDO POLICE DEPT. LA MESA POLICE DEPT. Jim Maier Chief of Police Alan Lanning Chief of Police ,NATIONAL CITY POLICE DEPT. OCEANSIDE POLICE DEPT. Adolfo Gonzales Frank McCoy Chief of Police Chief of Police SAN DIEGO HARBOR POLICE SAN DIEGO POLICE DEPT. Kirk Sanfilippo Chief of Police Approved as to form and legality: SAN DIEGO COUNTY COUNSEL William L. Pettingil( Senior Deputy 19 William Lansdowne Chief of Police Deleted: ¶ ¶ ¶ CommM, ent[C SILL: Should John Sansone's name te. typed; under this heading even though you will be.,the one to sign off? Deleted: William L. Pettingill 1 l Senior Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 31 1ITEM TITLE REQUIREMENT TO FILL VACANCY ON CITY COUNCIL PREPARED BY George H. Eiser, III () DEPARTMENT City Attorney (Ext. 4221) EXPLANATION With the election of Vice -Mayor Morrison to the office of Mayor, a vacancy will occur on the City Council when Vice -Mayor Morrison is sworn in. Briefly stated, the Council has two options: 1) Within 30 days of commencement of the vacancy, fill the vacancy by appointment; or 2) Within 30 days of commencement, call a special election to fill the vacancy. The special election shall be held on the next regularly established election date, not less than 114 days from the call of the special election. Vice -Mayor Morrison has expressed the desire to have the City Council vacancy advertised, for the purpose of receiving applications from persons wanting to be appointed to fill the vacancy. Although the new City Council will not be seated until at least the first meeting in December, there is no obstacle to starting the process to advertise for the vacancy prior to that time. Commencement of the process should be directed by the City Council. Assuming the City Council authorizes advertising for the vacant position, the Council will still retain the two options explained above. It should be noted that the appointment to a vacant City Council position is not governed by the procedures for establishing an "appointment list" under the Maddy Act, which applies to appointments to "boards and commissions". The City Council has the authoritty to appoint any eligible person to the position, including persons who have not submitted a formal application. Environmental Review „ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve motion to advertise for applicants for City Council vacancy. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 32 (-- ITEM TITLE GRANT OF PERMISSION TO COUNCILWOMAN ZARATE TO BE ABSENT FROM CITY COUNCIL MEETINGS PREPARED BY George H. Eiser, III %`G DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Section 36513 of the Government Code provides that if a councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. It is expected that for medical reasons, Councilwoman Zarate will at the least miss the City Council meetings to be held in November and December. It would be appropriate for the City Council to excuse Councilwoman Zarate from all meetings until her medical condition permits her to return. Environmental Review y N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the motion to excuse Councilwoman Zarate from all City Council meetings, until her medical condition permits her to return. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/99) ITEM #33 11/21/06 NATIONAL • CITY • TRANSIT MONTHLY REPORT NOVEMBER-06 Technology We are working with SANDAG to upgrade our bus fareboxes to utilize smart card fare media and NCT is continuing to work on various projects including placement of Real Time video cameras along a NCT bus route, Automatic Vehicle locators (AVL) and Transit TV to be installed on our vehicles. We have also requested $150,000 MTS CIP funding in FY08 for security camera projects at 24th & 8th Street Trolley/Bus Stations with NCT using matching funds from our unallocated reserves or other previous FYapproved NCT/CIP projects. The MTS CIP committee met on November 20th to consider projects going before the MTS Board for funding approval and as these two camera projects is considered a high priority by NCT we should be eligible for partial (50%) funding by MTS with total project costs estimated at $300,000 to install cameras at these two Stations. These cameras will also have a Link to the NCPD Communications Center for Real time viewing as well as the MTS Security Center. PERFORMANCE DIVIDENDS MONTH OCT-05 SEPT-06 OCT-06 Ridership: 150,583 148,128* 151,552 Passengers per mi. 3.74 4.05 3.86 Passengers per hr. 42.97 44.67 42.94 Revenue miles: 40,289 36,566 39,231 Revenue Hours: 3,504 3,316 3,530 Fare Box recovery 44.8%o N/A** N/A** * 1 less service day due to Labor Day Holiday ** Data delayed due to submission dates PERFORMANCE DIVIDENDS MONTH OCT-05 SEPT-06 OCT-06 Road Calls 07 03 01 Preventable Accidents 01 0 0 Ramp deployments 696 491 520 Our on -time performance 90.0% 93.8% 93.1% Customer Complaints 03 03 02 Customer Compliments 02 0 02 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 Maintenance: NCT vehicles used 13,337 gallons of low sulfur diesel fuel in October. The average price per gallon was approximately $1.86 compared to $2.04 in September. NCT maintenance personnel performed 15 Preventative Maintenance Inspections (PMI's) and completed 29 minor repairs consisting of brake pads, wiper blades, window inserts and mirror assembly. We also completed 13 major repairs consisting of radiator, tires, air bags, compressors, and fan drive pumps to our fleet vehicles in October. NCT participates and is a member of many standing Transportation Committees at MTS and SANDAG such as the Transit Services and Facilities Advisory Committee (TSFAC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), and South County EDC Transportation Committee. NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. I attended the recent A.P.T.A. Annual meeting in San Jose, CA as well as a number of educational & operational workshops as part of this event that covered such subjects as "Sustaining the Bottom Line", "Strategic Planning", "Quality Transit Service", "Technology", "Safety & Security" and "Procurement" and was a valuable resource for information on a number of important issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I serve on the Chamber Executive Board as the 2005 Past President. I am also a participant on the NCPD Chief of Police advisory and procedures and policies committees and have accepted a volunteer position on the Board of Directors for Morgan Square (PBID). Community Collaboration NCT is committed to working with the National City Community and residents through direct participation in Community projects and organizations or as volunteers. NCT is willing to evaluate and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. miffed: N vmber 6th, 2006 ohn P. Webster Sr. Vice President -General Manager National City Transit 2 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■Jan-06 0 Feb-06 0 Mar-06 ■Apr-06 ■May-06 ■Jun-06 ■JuI-06 DAug-06 ■Sep-06 ■Oct-06 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 34 /ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO\ THE PERIOD OF 10/04/06 THROUGH 11/01/06 OF $1,336,236 Margarita Garcia PREPARED BY Associate Accountant 619-336-4269 EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Financial Statement Approved by: Tess Limfueco, manse Director Total expenditures for the period of 10/04/06 THROUGH 11/01/06 amount to $1,336,236. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 10/04/06 through 11/01/06 A-200 (9/80) Pa ee FOR MEETING OF NOVEMBER 21, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 10/04/06.11/01/06 Descrl Lion Chk No Amount CDC MCKENNA LONG & ALDRIDGE BEARD, PATRICIA CORPORATE EXPRESS INC ESSENTIA MANAGEMENT SERVICES ESTRADA LAND PLANNING GE CAPITAL HARRIS & ASSOCIATES HOFMAN PLANNING ASSOCIATES LAND AMERICA COMMONWEALTH OVERLAND PACIFIC & CUTLER, INC POWER PLUS SAN DIEGO HOUSING FEDERATION TETRA TECH, ISO #1 VERONICA TAM & ASSOCIATES CORPORATE EXPRESS INC PETTY CASH - CDC STATE COMPENSATION INSURANCE NATIONAL CONSTRUCTION RENTALS ASPEN PUBLISHERS, INC. BOND LOGISTIX DR. DON SCIGLIMPAGLIA EDAW, INC. GEOSYNTEC CONSULTANTS HUSK PARTNERS JOBS AVAILABLE INC NEW CITY AMERICA, INC. PITNEY BOWES PORTILLO CONCRETE, INC. RANDALL H. BLAESI, ASA RATHBUN, TERESA ROSENOW SPEV ACE K GROUP INC. SAN DIEGO CLIPPING SERVICE SAN DIEGO GAS & ELECTRIC SAN DIEGO REGIONAL ECONOMIC SCS ENGINEERS THE STAR NEWS XEROX CORPORATION BEARD, PATRICIA CORPORATE EXPRESS INC DPRA INC. FEDERAL EXPRESS INFRASTRUCTURE ENGINEERING NATIONAL CITY CHAMBER OF COMMERCE NAZARENO, ANGELA PORT OF SAN DIEGO RATHBUN, TERESA SAN DIEGO GAS & ELECTRIC THE GROVE AGENCY, INC. STATE OF CALIFORNIA VERIZON WIRELESS NATIONAL CONSTRUCTION RENTALS CDBG COMMUNITY YOUTH PROFESSIONAL SERVICES FOR STADIUM PROJECT TRAVEL REIMBURSEMENT CDC OFFICE SUPPLIES PROFESSIONAL SERVICES TO PREPARE SITE PROFESSIONAL SERVICES FOR HIGHLAND AVE REDEV COPIER RENTAL -CANON IR2200 RENTAL TRAFFIC ANALYSIS FOR COSTCO PROFESSIONAL SERVICES MARINA GATEWAY TITLE REPORT FOR 1640 E PLAZA PROFESSIONAL SERVICES FOR VARIOUS PROJECTS EQUIPMENT RENTAL MEMBERSHIP RENEWAL PROFESSIONAL SERVICES FOR HIGHLAND MEDIANS PROFESSIONAL SERVICES -TECHNICAL ASSISTANCE CDC OFFICE SUPPLIES PETTY CASH FUND REPLENISHMENT EMPLOYEES' WORKERS COMPENSATION FOR 09/06 FENCE INSTALLATION AT TRAIN DEPOT SITE PURCHASE- MULTISTATE PAYROLL GUIDE 2007 PREP ARBITRAGE REBATE REPORT FOR 1999 NC DOWNTOWN BONDS PROFESSIONAL SERVICES FOR 52-ACRE SITE JULY - SEP 06 PROFESSIONAL SERVICES FOR WFSTSIDE SPEC PLAN ENVIRONMENTAL SERVICES FOR THE COVE - 07/06 PROFESSIONAL SERVICES FOR STADIUM FOR 08/06 ISSUE RENEWAL HABA - FORMING A DISTRICT THRU 09/30/06 POSTAGE REFILL ON 09/22/06 CONSTRUCTION AT HIGHLAND AVENUE MEDIANS APPRAISAL REPORT FOR PLAZA BONITA DIRECT DEPOSIT RETURNED- PPE 09/25/06 CDC FINANCIAL CONSULTING FOR 08/06 CLIPPING SERVICE FOR 10/2006 UTILITY CHARGES AT 2300 CLEVELAND THRU 09/27/06 SDREDC ANNUAL DUES FOR FY 07 ENVIRONMENTAL CONSULTING- VARIOUS PROJECTS PUBLIC NOTICE AD#03511306-001 CDC OFFICE COPIER LEASE FOR 06/06 TRAVEL EXPENSES TO EPA BROWNFIELD 2006 CDC OFFICE SUPPLIES ENVIRONMENTAL SERVICES FOR BROWNFIELD COURIER SERVICE PROFESSIONAL SERVICES FOR COUNCIL PRESENTATION BREAKFAST - SPONSOR CENTURION REIMBURSEMENT OF CDC DIGITAL CAMERA PORT OF SAN DIEGO REIMBURSEMENT DIRECT DEPOSIT RETURNED -PPE 10/9/06 UTILITIES AT 1430 HIGHLAND THRU 10/16/06 BUSINESS CARDS FOR BRAD RAULSTON SDI - 3RD QUARTER 2006 CDC TELEPHONE CHARGES FOR 10/2006 FENCE RENTAL AT CLEVELAND AVENUE SUBTOTAL - CDC: 16492 16498 16499 16500 16501 16502 16503 16504 16505 16506 16507 16508 16509 16510 16511 16512 16513 16515 16516 16518 16521 16522 16525 16526 16527 16531 16533 16534 16536 16537 16538 16539 16540 16541 16543 16545 16547 16548 16549 16550 16551 16552 16553 16554 16556 16557 16558 16559 16561 16562 16563 $6,834.75 138.60 488.51 2,600.00 6,592.98 206.60 3,008.26 3,188.90 825.00 2,363.75 195.00 250.00 537.94 472.50 436.71 172.41 4,143.03 345.00 278.44 3,275.00 5,000.00 601.76 6,462.38 17,300.00 29.95 5,334.63 1,017.35 154,436.75 3,500.00 50.00 7,450.00 70.20 333.20 1,500.00 9,295.60 297.25 3,963.54 1,211.44 732.68 6,127.60 54.42 104.58 10.00 437.13 109,807.19 50.00 12.28 594.26 2,022.37 477.30 588.50 $375,225.74 CDBG REIMBURSEMENT FOR 09/06 FY 06-07 16514 $1,666.67 SUBTOTAL - CDBG: $1,666.67 Payee NUTRITION JOSEPH WEBB FOODS MISSION UNIFORM SERVICE NATIONAL CITY SENIOR NUTRITION PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE SYSCO SAN DIEGO AT&T/MCI CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION FINANCIAL INDEMNITY COMPANY FRESH POINT JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE SANCHEZ, MANUEL SYSCO SAN DIEGO TR PRODUCE, INC. SLETTENGREN, INGRID HOUSING ASSISTANCE PAYMENTS EQUIFAX CREDIT INFORMATION SERVICES RIOS, MARTA CORPORATE EXPRESS INC PETTY CASH - CDC STATE COMPENSATION INSURANCE CANO, ALICE GMAC MORTGAGE NAHRO NATIONAL CREDIT REPORTING PITNEY BOWES EQUIFAX CREDIT INFORMATION SVS GMAC MORTGAGE NATIONAL CITY COLLABORATIVE VERIZON WIRELESS PAYROLL PAYROLL PAYROLL FOR MEETING OF NOVEMBER 21, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 10/04/06 - 11/01/06 Description NCNP FOOD/CONSUMABLES NCNP CONSUMABLES REIMBURSEMENT OF CATERING SUPPLIES NCNP CONSUMABLES NCNP CONSUMABJ FS NCNP FOOD NCNP FAX BILL THRU 08/13/06 NCNP FOOD NCNP FOOD NCNP AUTO INSURANCE NCNP FOOD NCNP FOOD/CONSUMABLES NCNP FOOD NCNP CONSUMABLES NCNP CONSUMABLES NCNP CONSUMABLES MILEAGE REIMBURSEMENT FOR 09/06 NCNP FOOD/CONSUMABLES NCNP FOOD EMPLOYEE RECOGNITION PATRON FUND SUBTOTAL - NUTRITION: TOTAL -GENERAL FUND: PAYMENTS S8 APP/PART CREDIT REPORT TRAVEL REIMBURSEMENT S8 OFFICE SUPPLIES PETTY CASH FUND REPLENISHMENT EMPLOYEES' WORKERS COMP FOR 09/06 MILEAGE REIMBURSEMENT FOR 08/06 & 09/06 S8 ELECTRICITY CHARGES FOR 08/06 ANNUAL NAHRO MEMBERSHIP TIL 11/30/2007 S8 BACKGROUND CHECK FOR 09/06 POSTAGE REFILL ON 09/22/06 S8 CREDIT REPORT FOR 09/06 S8 UTILITY CHARGES FOR 09/06 S8 FSS ADMIN JUL & SEP 2006 CDC TELEPHONE CHARGES FOR 10/2006 TOTAL - SECTION 8: Si I PPE 09/25/2006 PPE 10/09/2006 PPE 10/23/2006 TOTAL - ADMINISTRATIVE REVOLVING FUND: Chk No Amount 16491 $9,291.77 16493 171.94 16494 23.32 16495 2,822.16 16496 80.00 16497 4,420.70 16517 8.39 16519 764.45 16520 3,477.30 16523 703.36 16524 457.00 16528 6,649.34 16529 732.45 16530 128.52 16532 1,528.93 16535 40.00 16542 49.84 16544 2,125.65 16546 344.18 16560 92.66 $33,911.96 $410,804.37 $610,596.07 10274 143.34 10275 529.07 10276 376.23 10277 10.13 10278 849.04 10279 22.79 10280 305.59 10281 1,252.36 10282 170.05 10283 1,017.36 10284 50.00 10285 263.33 10286 8,809.52 10287 180.55 $624,575.43 $96,347.81 $106,019.67 $98,488.69 $300,856.17 TOTAL OF ALL FUNDS: $1,336,235.97 2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 21 2006 AGENDA ITEM NO 35 ITEM TITLE A Resolution supporting California legislative efforts related to brownfield development providing increased environmental protections by increasing and improving communications between regulators and local government. PREPARED BY r Patricia Beard V Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION Brownfield redevelopment — the remediation and redevelopment of properties contaminated with hazardous materials — is an emerging field internationally and in California. Brownfield redevelopment is a primary means to efficiently use our land resources and to allow growth while limiting urban sprawl. As an older, industrial city, National City has been at the cutting edge of such brownfield efforts in California. Through its brownfield efforts, National City has learned that there is inadequate standardization and communication between regulators, local government and future land users necessary to ensure the public health, safety and welfare. This proposed legislation would increase environmental protections by standardizing recording and noticing related to brownfield sites. (Please see attached Background Report.) Environmental Review This resolution is exempt from the California Environmental Quality Act ("CEQA"). Financial Statement There are no costs associated with this action. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background report 2. Proposed Assembly Bill L Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT Brownfield redevelopment efforts increasingly rely on so-called "risk -based" clean ups - remediation efforts that leave a scientifically acceptable level of contaminants in place. While at one time, regulators overseeing the health risks caused by remediation efforts desired to see all contamination removed or neutralized from sites, it finally did not make sense to take all hazardous materials and stockpile them elsewhere in the state, or another adjoining state. Not only did the "dig and haul" method simply move hazardous materials from one place to another, but it also was cost prohibitive. If communities and regions were to find ways of allowing growth without never-ending sprawl, safe risk -based strategies would have to be created. Scientists have made great progress in defining the health risks associated with the variety of contaminants left behind in soils and ground water by historic uses. Advances in the understanding of safe levels of exposure to these contaminants and means to isolate and contain contaminants to allow risk based remediation approaches are also being made. But the brownfield redevelopment process is still in its infancy. Three primary areas of confusion exist today about remediated brownfield sites for local government and future property users. 1. There are different regulators from the federal, state and county levels that oversee environmental contamination and clean up 2. Each of these regulators keeps and posts records differently 3. There is no standardized means of communicating about future land use restrictions ("Institutional Controls" or "ICs") required by risk -based remediation strategies to local governments. Since land use regulation is implemented at the local government level, it is important that local Planning, Engineering and Building Departments know what properties are affected by ICs. The draft California Assembly Bill addressed by this resolution attempts to reduce these areas of confusion by standardizing recording of ICs and by requiring regulators to communicate with local government about ICs. It would add Section 1471.1 to the Calfornia Civil Code and Sections 57013 through 57015 to the California Health and Safety Code. The proposed legislation is a companion to the Land Use Control Implementation Plan ("LUCIP") pilot project the CDC is currently completing with funding from the US EPA. Via the LUCIP, National City is attempting to negotiate a voluntary agreement with regulators to make sure ICs are communicated to the City and are easily available to City permitting staff and to those individuals and/or developers requesting development permits on affected properties. As part of the LUCIP, the CDC expects to make a recommendation about a small application fee paid over the permitting counters to cover staff costs of receiving and posting this information about ICs. If adopted at the state level, this legislation would require the standardization of recording ICs in covenants that state the words "Environmental Restrictions" in the title of the Covenant. The legislation would also require regulators at all levels to communicate to local government about ICs. Such a requirement reflects the need for standardization and effective communication between layers of government in order to effect Smart Growth principles while protecting the health safety and welfare of the public. The bill would protect the City and CDC from any liability associated with activities to communicate about ICs. RESOLUTION NO. 2006 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY SUPPORTING EFFORTS TO ADD SECTION 1471.1 TO THE CALIFORNIA CIVIL CODE, AND SECTIONS 57013 THROUGH 57015 TO THE CALIFORNIA HEALTH AND SAFETY CODE, RELATING TO THE ENVIRONMENT WHEREAS, the Community Development Commission (CDC) was established to accomplish the objective of the National City Redevelopment Plan; and WHEREAS, the CDC achieves these objectives in part through the remediation of properties contaminated with hazardous materials; and WHEREAS, the CDC desires to increase protection of the public's health, safety and welfare by requiring standardized regulators methods of recording land use restriction covenants on remediated sites; and WHEREAS, the CDC desires to increase the protection of the public's health, safety and welfare by being notified about said covenants by regulators at the county, state and federal levels. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of National City hereby supports efforts to add Section 1471.1 to the California Civil Code, and Sections 57013 through 57015 to the California Health and Safety Code, relating to the environment. PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Assembly Bill No. xxxxx CHAYI'ER XXX An act to add Section 1471.1 to the Civil Code, and Sections 57013 through 57015 to the Health and Safety Code, relating to the environment. LEGISLATIVE COUNSEL'S DIGEST PROPOSED AB xxxxx. Land use restriction: cleanup and abatement. (1) Existing law prohibits the State Water Resources Control Board or the regional boards from issuing a closure letter or making a determination that no further action is required, with respect to certain sites which are not underground storage tank release sites and which are subject to a cleanup or abatement order, unless a land restriction is recorded pursuant to Section 1471 of the Civil Code. Existing law authorizes the Department of Toxic Substances Control to impose land use limitations at environmental cleanup sites. This bill would prohibit the State Water Resources Control Board or the regional boards, and the Department of Toxic Substances Control from approving an environmental cleanup that requires land use limitation or institutional controls for the protection of public health, safety, or the environment unless a covenant, which meets the requirements set forth in Section 1471 of the Civil Code including the requirement to state "Environmental Restriction" in the title of the covenant, will cover the site. (2) Existing law authorizes the California Integrated Waste Management Board to establish a program for the cleanup of solid waste disposal sites, for the cleanup of solid waste at codisposal sites, and for the cleanup of burn dump sites. Existing law authorizes the California Integrated Waste Management Board to impose environmental restrictions on any burn dump site where residuals from the burning of solid waste remain in place, and existing law provides that such environmental restrictions shall meet the requirements described in Section 1471 of the Civil Code. This bill would prohibit the C1WMB from approving any solid waste disposal, codisposal, or burn dump site cleanup that requires land use limitations or institutional controls for the protection of public, health, safety, or the environment unless a covenant which meets the requirements set forth in Section 1471 of the Civil Code including the requirement to state "Environmental Restriction" in the title of the covenant, will cover the site. (3) Existing law authorizes county and city health officers, upon the request of a responsible party, to supervise cleanups and, upon the completion of a permanent remedy, to issue a letter or other document that certifies that the cleanup goals embodied in the remedial action agreement were accomplished. Existing law authorizes the State Water Resources Control Board to enter into agreements with the administering agencies of Certified Uniform Permitting Authorities, or if there is no CUPA, with other local agencies, to perform or cause to be performed the cleanup of hazardous substance releases from Underground Storage Tanks. Existing law establishes a site designation committee and authorizes that committee, upon the request of a responsible party, to identify a single administrating agency, which may be a local agency, to oversee site investigations and remedial actions. This bill would require any local agency which is authorized under existing law to oversee cleanups from approving an environmental cleanup that requires land use limitation or institutional controls for the protection of public health, safety, or the environment unless a covenant, which meets the requirements set forth in Section 1471 of the Civil Code including the requirement to state "Environmental Restriction" in the title of the covenant, will cover the site. (4) Existing law requires the California Environmental Protection Agency, the Department of Toxic Substances Control, the California Integrated Waste Management Board, the State Water Resources Control Board, and each regional water quality control board, to maintain a list of all instruments and agreements restricting land uses imposed by those agencies, to display this list on the agency's Web site, and to make the list available to the public on request. Existing law requires the Department of Toxic Substances Control to notify the planning and building department of each city, county, or regional council of governments of certain land use restrictions imposed upon property designated as hazardous waste property or border zone property. Existing law requires the planning department of those local agencies to file those restrictions and to take specified actions, and it authorizes the city, county, or regional council to assess a fee to cover the costs of taking those actions. This bill would require the Department of Toxic Substances Control, the California Integrated Waste Management Board, the State Water Resources Control Board and each regional water quality control board, and local agencies authorized under existing law to oversee cleanups to notify the planning and building department of each city, county, or regional council of governments of any land use restriction imposed pursuant to Section 1471 of the Civil Code at environmental cleanup sites. This bill would authorize the state environmental agencies to provide such notification by posting on their web site or by other means. This bill would authorize the planning or building department of each city, county, or regional council of governments to track the parcels or land area affected by such restrictions, and to refuse the issuance of any land use permit without an approval from the state or local agency which imposed the land use restriction. (5) Existing law provides various liability immunities to local governments. This bill would grant agencies and departments of the State and all of it's political subdivisions with immunity from any action related to the refusal or the granting of building permits, development permits, or similar permits related to land use at properties affected by land use restrictions or institutional controls imposed pursuant to Section 1471 of the Civil Code. (6) Existing law has not historically required, in all cases, that environmental agencies impose covenants restricting land use. Many cleanups across the state have been completed with measurable residual soil or groundwater contamination, but without covenants in place. This bill would require the Department of Toxic Substances Control, the State Water Resources Control Board and regional boards, and the California Integrated Waste Management Board, within 3 years, to review every final cleanup, to determine whether land use limitations or other institutional controls are necessary to protect public health, safety, or the environment, and to determine whether covenants which meet the requirements of Section 1471 of the Civil Code have been recorded. At sites where land use limitations or other institutional controls are deemed necessary but do not exist or, if they exist, do not meet the requirements of Section 1471 of the Civil Code, this bill would require the environmental agencies, within 5 years, to secure the recording of covenants which meet the requirements of Section 1471 of the Civil Code. The people of the State of California do enact as follows: SECTION 1. Sections 57013 through 57015 are added to the Health and Safety Code, to read: 57013. The Legislature finds and declares the following: (a) Thousands of properties exist in the state where environmental cleanup will occur, is currently occurring, or has already occurred. Because of technical feasibility and economic limitations, many of these sites do or will retain some measurable soil or groundwater contamination when they are returned to productive use. Productive use of these properties is often a critical element to smart growth strategies. Productive use of these properties benefits communities in which they are located and the state as a whole. (b) Cases have arisen in the state where local government agencies have granted building or development permits which allowed persons to be exposed to residual environmental contamination despite state agency restrictions designed to prohibit this. In order to protect public health, safety, and the environment at residually contaminated sites, the existing system of institutional controls, including environmental restriction covenants, requires a closer coordination among state environmental agencies and the political subdivisions that contain local building and planning departments. (c) City, county, or regional councils closely manage and control all land uses and related permits within their respective jurisdictions. This system of local controls protects the public, human health, and the environment from state or federal defined hazard areas such as flood plains, and seismic zones. A similar system of local and state cooperation is required to protect human health, safety, and the environment from inappropriate land uses within areas where environmental contamination remains. (d) Such a system will increase the efficiency and safety of environmental cleanups and increase the pace and safety of property redevelopment and recycling. 57014 (a) Whenever an agency listed in subdivision (d) of Section 57012 adds a new instrument or agreement restricting land uses under Section 1471 of the Civil Code to the list required by Section 57012(a), the agency shall notify the building or planning department in the affected city, county, or regional council. In addition to, or in lieu of this notification, the agency which imposed the instrument or agreement may display the list required by subdivision (a) of Section 57012 on that Agency's web site, as required by subdivision (b) of Section 57012, in a manner which allows cities, counties or regional councils to easily identify the instruments or agreements within their respective jurisdiction and to identify recently added instruments or agreements. (b) Whenever a local officer supervises a remedial action pursuant to Section 101480 of the Health & Safety Code, a local agency performs or causes to be performed remedies pursuant to Section 25297.1 of the Health & Safety Code, or an administering agency supervises site investigation or remedial action pursuant to Sections 25264 of the Health & Safety Code imposes an instrument or agreement restricting land uses under Section 1471 of the Civil Code, the local officer, local agency or administering agency shall notify the building or planning department in the affected city, county, or regional council. (c) Within a reasonable time upon receiving notification under subdivision (a) or (b) or upon the listing of an instrument or agreement pursuant to subdivision (a), the planning and building department of the political subdivision or municipality is authorized to identify the parcels affected by such instruments and agreements and may refuse to issue building, development, or land use related permits at such affected parcels unless the agency listed in subdivision (d) of Section 57012, which imposed the instrument or agreement, first reviews the permit application and approves of the proposed activity, or proposes measures necessary to protect the public in light of that proposed activity, in which case a permit may be made conditional upon the discharge of the necessary mitigation measures the agency proposing the conditions may require. (d) Upon the request from a city, county, or regional council of government the agency must, within 30 days, review the activity proposed within the building permit, land use permit, or similar permit application related to land activity. The agency must determine whether the proposed activity may proceed and, if so, whether certain precautions must be undertaken. (e) The planning and building department of a city, county, or regional council of governments may assess a property owner a reasonable fee, as determined by resolution of its governing body, to cover the costs of taking these actions. (f) Neither the state, nor any of its political subdivisions, shall have any liability for creating, maintaining or operating a system of tracking environmental restrictions such as authorized in this Act, nor shall there be liability for holding a permit in suspense during the period wherein it is reviewed by a regulatory agency. Owners of property encumbered with an Environmental Restriction shall be responsible for adherence to the restrictions imposed, and shall not be relieved of that responsibility in the event the state or its political subdivisions grants a permit in error, for which the state and its political subdivisions shall bear no liability. (g) The California Environmental Protection Agency shall oversee and ensure the proper operation of the procedures set forth in subdivisions (a)-(d). The California Environmental Protection Agency shall publish, at least annually, a report which describes the procedures and tools employed to effectuate the procedures set forth in subdivision (a)-(d), and the effectiveness of those procedures to prevent activities which conflict with environmental agency imposed land use limitations. 57015. Whenever an agency listed in Section 57012(d), a local officer who supervises a remedial action pursuant to Section 101480 of the Health & Safety Code, a local agency which performs or causes to be performed remedies pursuant to Section 25297.1 of the Health & Safety Code, or an administering agency which supervises site investigation or remedial action pursuant to Sections 25264 the agency requires land use limitations or restrictions, the agency shall indicate the conditions under which the limitations or restrictions may be removed, and the process a person may undertake to have the limitation or restriction removed from the record of title. The process shall allow an owner of property, or those who believe they are adversely affected by a decision to restrict the use of property, to appeal the decision to a representative of the organization who was not involved in the original decision, so that a peer review of the decision can be undertaken as needed. SEC. 2. Section 1471.1 is added of the Civil Code, to read: 1471.1. (a) Notwithstanding any other provision of law, if the Department of Toxic Substances Control finds that property is not suitable for unrestricted use and requires limitations on land use or other institutional controls for the protection of public health, safety, or the environment, it shall not approve or concur in a response action decision document or otherwise approve an environmental cleanup which includes limitations on land use or other institutional controls for the protection of public heath, safety or the environment, unless the land use limitations or institutional controls are clearly set forth and defined in the response action document and the response action document specifies that the limitations or controls will be incorporated into a covenant that meets the requirements set forth in Section 1471(a)(1). (b) Notwithstanding any other provision of law, the State Water Resources Control Board and each regional water quality control, if the state board or the regional board finds that property is not suitable for unrestricted use and requires limitations on land use or other institutional controls for the protection of public health, safety, or the environment, shall not issue a closure letter, make a determination that no further action is required, or otherwise approve an environmental cleanup with respect to a site that is subject to the cleanup or abatement order pursuant to Section 13304 of the Water Code, unless the land use limitations or institutional controls are clearly set forth within a covenant that meets the requirements set forth in Section 1471(a)(1). (c) Notwithstanding any other provision of law, the Integrated Waste Management Board, if it finds that property is not suitable for unrestricted use and requires limitations on land use or other institutional controls for the protection of public health, safety, or the environment shall not approve the cleanup of a solid waste disposal site, codisposal site, or burn dump site unless the land use limitations or institutional controls are clearly set forth within a covenant that meets the requirements set forth in Section 1471(a)(1). (d) Notwithstanding any other provision of law, a local officer who supervises a remedial action pursuant to Section 101480 of the Health & Safety Code, a local agency which performs or causes to be performed remedies pursuant to Section 25297.1 of the Health & Safety Code, or an administering agency which supervises site investigation or remedial action pursuant to Sections 25264, if the agency or officer finds that the property is not suitable for unrestricted use and requires limitations on land use or other institutional controls for the protection of public health, safety, or the environment, shall not approve a response action plan, issue a closure letter, make a determination that no further action is required, or otherwise approve a cleanup unless the land use limitations or institutional controls are clearly set forth within a covenant that meets the requirements set forth in Section 1471(a)(1). (e) The Department of Toxic Substances Control, the State Water Resources Control Board and regional boards, and the California Integrated Waste Management Board shall, within 3 years, review every environmental cleanup to determine whether land use limitations or other institutional controls are necessary to protect public health, safety, or the environment, and to determine whether covenants which meet the requirements of Section 1471 of the Civil Code have been recorded. At sites where land use limitations or other institutional controls are deemed necessary but do not exist or, if they exist, do not meet the requirements of Section 1471 of the Civil Code, the environmental agencies shall, within 5 years, secure the recording of covenants which meet the requirements of Section 1471 of the Civil Code. Sec. 3. repealed. Section 57012(d) of the Health & Safety Code is COMMUNITY DEVELOPMENT COMMISSION Council Agenda Statement _-..MEETING DATE: November 21, 2006 AGENDA ITEM NO. 36 /ITEM thorizin the Chairman to Acce t and File the TITLE: Resolution of the Community Development Commission authorizing P Morgan Square Independent Audit Report for year ending December 31, 2005 conducted by Sonnenberg & Company, CPA's dated July 28, 2006. PREPARED BY: Angela Nazareno Economic Development Manage EXPLANATION: DEPARTMENT: Community Development Commission Morgan Square, Inc. (the District, also known as "Morgan Square District" or "National City Downtown Property Business Improvement District") was incorporated on December 13, 2004 as a non-profit public - benefit corporation. The District operates under an agreement with the Community Development Commission of the City of National City, CA. The Dis- trict includes 153 parcels representing 96 property owners. Operations began, essentially, in May 2005 with the initial receipt of assessment revenue. Morgan Square, Inc. is led by a thirteen member Board of Directors composed of four (4) officers and nine (9) board of directors are all business —owners and property owners within the district. Sonneberg & Company conducted an audit in accordance with auditing standards generally accepted in the U.S. Those standards require that Sonneberg & Company plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. Sonnenberg & Company concluded in their opinion, the financial statements referred to in the audit present fairly, in all naterial respects, the financial position of Morgan Square, Inc. as of December 31, 2005, and the results of its opera - dons and its cash flow for the year then ended in conformity with accounting principles generally accepted in the U.S. SEE ATTACHMENT r Environmental Review: X N/A Financial Statement: N/A Account NO. ♦ STAFF RECOMMENDATION: Accept and File the Independent Audit Report. BOARD/COMMISSION RECOMMENDATION: N/A TACHMENTS (Listed Below) LI. Audit Report Resolution No. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE BOARD TO ACCEPT AND FILE THE MORGAN SQUARE INDEPENDENT AUDIT REPORT FOR YEAR ENDING DECEMBER 31, 2006, CONDUCTED BY SONNENBERG & COMPANY, CPAS DATED JULY 28, 2006 WHEREAS, Morgan Square, Inc., is a property business improvement district and operates under an agreement with the Community Development Commission of the City of National City (CDC); and WHEREAS, the district includes 153 parcels representing 96 property owners led by a thirteen member Board of Directors, and operations began in May 2005; and WHEREAS, Sonnenberg & Company, CPAs conducted an audit in accordance with the standards generally accepted in the Unites States; and WHEREAS, Sonnenberg & Company, CPAs concluded in their opinion, the financial statements referred to in the audit present fairly, in all material respects, the financial position of Morgan Square, Inc., as of December 31, 2005, and the results of its operations and its cash flow for the year ended in conformity with accounting principles generally accepted in the United States. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission Board accepts and files the Morgan Square Independent Audit Report conducted for year ending December 31, 2005, conducted by Sonnenberg & Company, CPAs dated July 28, 2006. PASSED and ADOPTED this 215' day of November, 2006. Nick Inzunza, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Sonnenberg & Company CPA • AMR, • TAW • uunve rruoiss Sonnenberg & Company, CPAs A Professional Corporation 5190 Governor Drive, Suite 201, San Diego, California 92122 Phone: (858) 457-5252 • (800) 464-4HOA • Fax: (858) 457-2211 • (800) 303-4FAX MORGAN SQUARE, INC. Audited Financial Statements December 31, 2005 TABLE OF CONTENTS Independent Auditor's Report Statement of Financial Position Statement of Activities and Changes in Net Assets Statement of Cash Flows Notes to the Financial Statements Sonny enbergl & Company 30 YCARs nr PRACaca, , Leonard C. Sonnenberg, CPA Page 1 2 3 4 5-6 Member; The American Institute of Certified Public Accountants and California Society of Certified Public Accountants Sonnenberg & Company CPA • AVLIS • TAXES • assscanITun1za j Sonnenberg & Company, CPAs A Professional Corporation 5190 Governor Drive, Suite 201, San Diego, California 92122 Phone: (858) 457-5252 • (800) 464-4B0A • Fax: (858) 457-2211 • (800) 303-4FAX Sonnenberg & Company 30 YEARStU PRACT[c6.. Leonard C. Sonnenberg, CPA INDEPENDENT AUDITOR'S REPORT Morgan Square, Inc. Members of the Board of Directors: We have audited the accompanying statement of financial position of Morgan Square, Inc. (a nonprofit organization) as of December 31, 2005, and the related statements of activities, and cash flows for the year then ended. These financial statements are the responsibility of Morgan Square, Inc.'s Board of Directors. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to in the first paragraph present fairly, in all material respects, the financial position of Morgan Square, Inc. as of December 31, 2005, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. July 28, 2006 Sonnenberg & Company, CPAs Member: The American Institute of Certified Public Accountants and California Society of Certified Public Accountants Morgan Square, Inc. Statement of Financial Position December 31, 2005 Assets Current Assets Cash in Checking $ 130,787 Total Assets $ 130,787 Liabilities and Net Assets Current Liabilities Accounts Payable Total Liabilities $ 6,300 6,300 Net Assets - Unrestricted $ 124,487 Total Liabilities and Net Assets $ 130,787 The Accompanying Notes are an Integral Part of the Financial Statements 2 Morgan Square, Inc. Statement of Activities For the year ended December 31, 2005 Revenue Property Tax Assessment $ 215,005 Total Revenue 215,005 Expenses Insurance - General Liability 500 Insurance - Errors & Omissions 1,980 Tax & Licenses 500 Advertising 419 Membership Fees 100 Bank Charges 77 Miscellaneous 350 Administrative 9,000 Maintenance Services 58,880 Branding Consultant 18,712 Total Expenses Increase in Net Assets Net Assets, beginning of the year Net Assets, end of year 90,518 124,487 124,487 The Accompanying Notes are an Integral Part of the Financial Statements 3 Morgan Square, Inc. Statement of Cash Flows For the year ended December 31, 2005 Cash Flows from Operating Activities Increase in Net Assets $ 124,487 Adjustments to Reconcile Increase in Net Assets to Net Cash Provided / (Used) by Operating Activities Increase / (Decrease) in Current Liabilities: Accounts Payable 6,300 Net Cash Provided (Used) by Operating Activities 130,787 Net Increase (Decrease) in Cash and Cash Equivalents 130,787 Cash and Cash Equivalents at Beginning of Year Cash and Cash Equivalents at Ending of Year $ 130,787 The Accompanying Notes are an Integral Part of the Financial Statements 4 Morgan Square, Inc. Notes to Financial Statements December 31, 2005 Note 1: Organization and Nature of Activities Morgan Square, Inc. (the District, also known as "Morgan Square District" or "National City Downtown Property Business Improvement District") was incorporated on December 13, 2004 as a non-profit public -benefit corporation. The District operates under an agreement with the Community Development Commission of the City of National City, CA. The District includes 153 parcels representing 96 property owners. Operations began, essentially, in May 2005 with the initial receipt of assessment revenue (See Note 4). The primary objectives and purposes of this corporation are to bring about the revitalization of the District and its surrounds in the City of National City and to bring about the increased economic well being of residents, employees, and businesses within the District and its surrounds. In addition, the District strives to promote business improvement and economic development within the District through activities which contribute to the neighborhood and well-being of the Morgan Square Community. Morgan Square, Inc. is led by a group of significant, small and long-time business and property owners, who pay special assessment in the District. The thirteen Members of the Board of the Directors composed of four (4) officers and nine (9) board of directors are all business -owners and property owners within the district. Note 2: Income Tax Status The District is exempt from federal and state income taxes under Section 501(c)(6) of the Internal Revenue Code and section 23701 (e) of the California Revenue and Taxation Code. Accordingly, no provision for income taxes is included in the accompanying financial statements. Note 3: Summary of Significant Accounting Policies Method of Accounting The financial statements of the District have been prepared on the accrual basis of accounting and accordingly reflect all significant receivables, payables, and other liabilities. Financial Statement of Presentation The District accounts for contributions in accordance with Statement of Financial Accounting Standard No. 116, Accounting for Contributions Received and Contributions Made. Accordingly, any contributions received would be recorded as unrestricted, temporarily restricted, and permanently restricted support, depending on the existence and /or nature of any donor restrictions. When a restriction expires, temporarily restricted net assets are reclassified to unrestricted net assets. 5 Morgan Square, Inc. Notes to Financial Statements December 31, 2005 Note 3: Summary of Significant Accounting Policies The financial statements are presented in accordance with Statement of Financial Accounting Standards No. 117, Financial Statements of Not -for -Profit Organizations, which requires the District to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. As of December 31, 2005, there were no restricted assets. Cash and cash equivalents For purposes of the statement of cash flows, the District considers all highly liquid investments available for current use with an initial maturity of three months or less to be cash equivalents. Revenue Recognition The primary source of District revenue is from the Maintenance Assessments collected by the County of San Diego. The County estimates the Assessment charges annually based on the secured properties on record as of October of each year. The County remits the collected assessments monthly in accordance with Tax Revenue Accountability Reports. Revenue is recognized by the District in the month received. Concentration of Credit Risk The District maintained its cash in bank deposit accounts. The District has not experienced any Iosses in such accounts. The District believes it is not exposed to any significant credit risk on cash and cash equivalents. Estimates The preparation of financial statements on the accrual basis of accounting requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Note 4: Assessment Income The District's income is derived from property tax assessed on properties within. the District. The assessment year is July 1 through June 30 of each year. The original budgeted assessment for 2005/06 was $240,677. The actual assessment charges for tax years 04/05 and 05/06 were $214,712 and $211,039 respectively. Assessments received through December 31, 2005 were $215,005. 6 Sonnenberg & Company CPA •=DUI•YAifI• `nsscnoe STUMM Sonnenberg & Company, CPAs A Professional Corporation 5190 Governor Drive, Suite 201, San Diego, California 92122 Phone: (858) 457-5252 • (800) 484-4HOA • Fax (858) 457-2211 • (800) 303-4FAX 'Sonnenberg. & Company 30 YEARS UI ) PRACTICE /I FINANCIAL ADVISORY LETTER July 28, 2006 Board of Directors c/o Ditas Yamane Morgan Square, Inc. 835 D Avenue National City, CA 91950 Leonard C. Sonnenberg. CPA We have presented your audited financial statements for the year ended December 31, 2005 in a format recommended by the AICPA Audit and Accounting Guide for Not -For -Profit Organizations. This letter does not affect our report dated July 28, 2006 on the financial statements. In planning and performing our audit of the financial statements, we considered the Organization's internal control to determine our auditing procedures for the purpose of expressing an opinion on the financial statements and not to provide assurance on internal control. However, during our audit we became aware of several matters that are opportunities for strengthening internal controls and operating efficiency. We have prepared the accompanying recommendations for your consideration in a separate attachment. • The Specific Recommendations that accompany this letter detail specific areas we noted during our audit that would improve controls, efficiency, accuracy, safeguarding assets, and/or management information for your Organization. • The Standard Recommendations that accompany this letter summarize our suggestions and regulations that apply to most non-profit organizations. We wish to thank Ditas Yamane for the cooperation she provided to us. We have been pleased to be retained as your auditing firm. Very truly yours, Sonnenberg & Company, CPAs Member: The American Institute of Certified Public Accountants and California Society of Certified Public Accountants Morgan Square District - Management Advisory Letter SPECIFIC RECOMMENDATIONS Cash: Reconcile all bank accounts on a monthly basis. Print out the reconciliation summary and attach to front of bank statement. Have management review bank reconciliations on a regular basis and initial that they have been reviewed. STANDARD RECOMMENDATIONS Audit and/or Finance Committee: The Board of Directors should consider appointing an Audit Committee in order to have direct, confidential communication with the independent auditor. The Audit Committee should have qualified persons with financial experience, and should not include the Executive Director, CFO, or other employees. A Finance Committee is recommended to consider financial oversight of operations, investment policies, major fund- raising, and long-range planning. The Finance Committee should have qualified persons with financial expertise, and should not have a majority of staff members. Conflict of Interest Policy: The Board of' Directors is required by California Corporation Code 7233 to disclose any conflicts of interest. We recommend that the Organization adopt a formal conflict of interest policy aimed at preventing or resolving issues related to potential or actual conflict of interest issues. In addition, the Board and management should be educated about ethics, disclosure, and independence in order to prevent related party transactions, self -dealing, private inurement, and similar issues. If they exist, these transactions must be disclosed to the auditor and, if significant, in the audit report. Such transactions are often scrutinized by the IRS and Attorney General and may be disallowed if the amounts and the business purpose are not clearly identifiable. Fraud: In 2002, AICPA issued SAS 99, Consideration of Fraud in a Financial Statement Audit, requiring auditors to increase their procedures to detect fraud and to discuss the possibility for fraud with the client during the audit. The Organization Board of Directors, management, and employees are encouraged to contact the auditor if they feel fraud exists or could potentially exist. However, an audit is still not guaranteed to detect fraud, even if it exists. Management and the Board of Directors are responsible to design internal controls that protect against fraud. Inkind Donations: Many nonprofit organizations receive significant amounts of donated materials, property, and services. Often, these donations have a financial value that can be recorded in the financial statements if accurate records are provided to the auditor: • Donated Materials: Description, date received, estimated fair market value • Donated Property: Description, date received, estimated fair market value • Donated Services: Description, number of hours, estimated hourly rate, program benefitted Morgan Square District - Management Advisory Letter Insurance: Insurance coverage should be reviewed annually to ensure adequate coverage types and amounts, including General Liability, Professional Liability, Property, Directors & Officers, Volunteers, Special Events, etc. Directors and Officers coverage would protect the Organization and individual board members and officers from personal liability for lawsuits against the Organization. All other insurance coverage should be reviewed annually to ensure adequate coverage. The additional cost of insurance may be negligible when compared to the liability exposure. Investment Policy: The Board should consider adopting a formal investment policy aimed at guiding management in issues related to investment risk, authorization, limits, and related issues. Minutes: Board of Directors meetings should be held regularly and proper minutes should be kept of all meetings. These minutes should indicate that the Board documents significant financial information, such as: approval of the budget, financial statements, replacement fund transactions, write-offs of uncollectible receivables, capital expenditures, contract approvals, related party transactions, insurance settlements, and litigation matters. Tax Returns - Increased Scrutiny: Non-profit organizations must file annual exempt organization tax returns to report on financial activities as well as changes within the organization, fundraising, lobbying, compensation, etc. In 2004, the IRS and California Attorney General announced plans to hire additional auditors to audit more exempt organization returns. California's new Nonprofit Integrity Act will focus on governance, i.e. adequate oversight by the Board. In particular, the two agencies are focusing on: • IRS: political activities, tax shelters, excessive compensation packages, donated property transactions (vehicles, land, buildings). • California Attorney General: Executive compensation, public disclosure of audits, commercial fundraising, audit committees, raffles. Further, public access to nonprofit returns via GuideStar means that anyone can look at your 990 at any time. Professional, complete, and accurate tax preparation is vital to your organization's image. Tax Returns - Client Preparation: Even with tax preparation by your auditor, the nonprofit must provide certain information that cannot be obtained from basic financial records. Nonprofits should be prepared to provide this critical information at tax time: • List of Board Members: name, title, hours worked, compensation, expense account • List of Contributors that gave over $5,000: Name, address, amount. This information is NOT public information and is blocked out on GuideStar. • Operating Questions: The 990 and Form RRFI contain a long list of questions regarding operations, disclosures, in -kind donations, relationships with other nonprofits, related parties, fraud, political activity City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO 37 ITEM TITLE Approve an Exclusive Negotiation Agreement (ENA) with San Diego Habitat for Humanity for 1820 G Street (APN# 560-233-06) and 1441 Harding Avenue (APN# 559-085-08), and authorize the Chairman to execute said Agreement PREPARED BY DEPARTMENT Oe Xavier Del Valle Community Development Commission Senior Project Manager EXPLANATION On October 17, 2006, the CDC Board directed staff to work with San Diego Habitat for Humanity to prepare plans to develop the HOME acquired parcels located at 1820 G Street and 1441 Harding Avenue. As indicated last month, staff would return and present an Exclusive Negotiation Agreement (ENA) for Board consideration. The proposed ENA shall remain in effect for 180-days and will provide the opportunity to assess the feasibility of developing an affordable single family residential project at 1441 Harding Avenue and a multi family residential project at 1820 G Street. The ENA also provides the Executive Director the discretion to extend the ENA for an additional 180-days, if necessary. Environmental Review CEQA is not applicable Financial Statement The CDC -owned parcels at 1820 G Street and 1441 Harding Avenue were acquired with HOME Federal funds at a cost of $875,000 (2004) and $400,000 (2003), respectively. An updated appraisal shall be necessary in order to determine the current fair market value of the subject parcels. STAFF RECOMMENDATION CDC approve an Exclusive Negotiation Agreement (ENA) with San Diego Habitat for Humanity for 1820 G Street (APN# 560-233-06) and 1441 Harding Avenue (APN# 559- 085-08), and authorize the Chairman to execute said Agreement 1 ATTACHMENTS 1. Background Report L2. Resolution 3. Exclusive Negotiation Agreement Resolution No. 4. Conceptual Site Plans l A-200 (9/80) ATTACHMENT BACKGROUND REPORT On October 17, 2006, the CDC Board directed staff to work with San Diego Habitat for Humanity to prepare plans to develop the HOME acquired sites located at 1820 G Street (15,246- sf) and 1441 Harding Avenue (8,712-sf). Habitat is a qualified and experienced Community Housing Development Organization (CHDO), and has previously partnered with the City in developing affordable for -sale units, such as the three single family residences at 1401, 1409, and 1410 Sheryl Lane. The units were made available to working class families earning no more than 50% of the area median income. The Redevelopment Plan for the National City Redevelopment Project Area calls for the revitalization of underutilized properties such as 1820 G Street and 1441 Harding Avenue. The proposed Exclusive Negotiation Agreement (ENA) with Habitat shall remain in effect for 180- days, and will provide the opportunity to assess the feasibility of developing an affordable single family residential project at 1441 Harding Avenue, and a multi family residential project at 1820 G Street. Attachment 4 of this report provides a conceptual site plan for the subject parcels. Pursuant to the ENA, within the first 90-days Habitat shall undertake due diligence activities, such as investigation of the subject parcels, providing evidence of financial capability to complete the development, and the timely submission of a development program. Habitat shall also submit a design concept plan for CDC consideration. Upon CDC acceptance of the design concept plan, Habitat will have the ability to prepare and process with the City any necessary land use entitlements and environmental studies. During the remaining 90-days, the CDC shall negotiate with Habitat to attempt to finalize a Disposition and Development Agreement (DDA) for the subject parcels. If at the end of the ENA period, Habitat and the CDC have not agreed to the terms with the DDA, the ENA shall automatically terminate. However, the CDC Executive Director has the discretion to extend the ENA for an additional 180 days to complete DDA negotiations, land use entitlements, and environmental studies, if the Executive Director determines additional time is necessary. RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT WITH SAN DIEGO HABITAT FOR HUMANITY FOR 1820 G STREET (APN# 560-233-06) AND 1441 HARDING AVENUE (APN# 559-085-08) WHEREAS, the Community Development Commission of the City of National City (CDC) implements the National City Redevelopment Plan; and WHEREAS, the National City Redevelopment Plan calls for the revitalization of underutiliized properties such as 1820 G Street and 1441 Harding Avenue; and WHEREAS, San Diego Habitat for Humanity is a qualified and experienced Community Housing Development Organization that is interested in acquiring the subject parcels; and WHEREAS, an Exclusive Negotiating Agreement has been prepared to provide San Diego Habitat for Humanity the opportunity to assess the feasibility of developing a single family residential project at 1441 Harding Avenue, and a multi family residential project at 1820 G Street. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission hereby authorizes the Chairman to execute an Exclusive Negotiation Agreement with San Diego Habitat for Humanity for 1820 G Street (APN# 560-233-06) and 1441 Harding Avenue (APN# 559-085-08). PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, Ill Legal Counsel SITE P LA N 07 TO SCALE 1441 Harding Avenue 113 2O ALLG'i �} ^0 25'= Inc, IBth STREET TYf' UP 1 t hs[—m vAu ftAY i � 81 2z' 18 SPACES 91x 18' 2 CuET 5PPCE5 OFF st-r' a) /6 SITE PLAN LONGITUDINAL SECTION 1"=3O' CROSS SECTION r=3Oy FE 1 FRONT ELEVATION I "=20" END ELEVATION 1"=20" Habitat for Humanity San Diego, Inc. Development Proposal NATIONAL CITY 1820 G AVE. 14,735 sf PARCEL 8 UNIT 2 STORY CONDO 3+ BR 1250 sf ea. Building first floor 5000 sf LandscapE/hardscape 3750 sf Parking. drives. trash 5625 sf 35% cover 26% cover 39% cover J.T. Brandt, Architect 33252 Palo Alto St. Dana Point, Ca. 92629 EXCLUSIVE NEGOTIATION AGREEMENT By and Between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY And SAN DIEGO HABITAT FOR HUMANITY THIS EXCLUSIVE NEGOTIATION AGREEMENT;;; (hereafter referred to as "AGREEMENT") is entered into this 21st day of November, j2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF pp?' CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), and SAN DIEGO HABITAT FOR HUMANITY, a 501 (c)(3) non-profit°leorporation(hereafter referred to as "DEVELOPER"), on the terms and provisions set fortlf' below. RECITALS;: WHFREAS, the CDC currently owns certain (Assessor Parcel Number 559-085-08),and 1820 G Street 1n National City, CA as further described herein (hereafter refer " to as "SITE"); and WHEREAS, on October 17, 2006, theDEVELOPER was'selected by the CDC as the preferred developer for the SITE; and WHEREAS, the DEVELOPER is interested in purchasing the SITE from the CDC and preparing plans to, develop an affordable "for sale" single family residential housing development upon the SITE located at 1441 Hardinn:Avenue, end an affordable "for sale" multi family residential housing development upon the" SITE located at 1820 G Street (hereafter referred to as "PROJECT"); and WHEREAS, the CDC and the DEVELOPER desire to enter into this AGREEMENT to initiate exclusive negotiations for up to one hundred and eighty (180) days (hereafter referred to as "EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPER to (i) undertake due diligence activities regarding the PROJECT; (ii) design the PROJECT; (iii) establish the responsibilities, schedule, and financial parameters for developing the PROJECT; (iv) negotiate the purchase price of the SITE; and (v) negotiate a Disposition and Development Agreement (hereafter referred to as "DDA"). NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: I. SITE The SITE constitutes the real property that is the subject of this AGREEMENT. The SITE is located at 1441 Harding Avenue (Assessor Parcel Number 559-085-08), and 1820 G Street (Assessor Parcel Number 560-233-06),in National City, CA. The SITE at SDCA_280013.2 roperty at 1441 Harding Avenue sor Parcel Number 560-233-06), .--{ Deleted: Deleted: and 405 West 18' (Assessor Parcel Number 559-063-04) Deleted: and 405 West 18'" Street, j ( Deleted: Deleted: , and 405 West 18' (Assessor Parcel Number 559-063-04) 1441 Harding Avenueonsists of a lot of approximately 8,712 square feet., and the SITE at 1820 G Street consists of a lot of approximately 15,246 square feet. II. EXCLUSIVE NEGOTIATION PERIOD A. Exclusive Negotiation Period The EXCLUSIVE NEGOTIATION PERIOD begins when the CDC executes this AGREEMENT (hereafter referred to as "COMMENCEMENT DATE") and shall last for one hundred and eighty (180) days thereafter. B. First Negotiation Period During the first ninety (90) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "FIRST NEGOTIATION PERIOD"), the;DEVELOPER and CDC shall meet regularly, in good faith, and jointly formulate a'pianto develop the PROJECT (hereafter referred to as "DEVELOPMENT PROGRAM") The Development Program shall include and delineate the following elements: 1. The type and scope of the PROJECT; 2. The interface of aphased development with the complete build out of the SITE; Required on and off -site infrastructure improvements; Project, infrastructure, and state and local regulatory requirement costs; Funding responsibilities and sources for the PROJECT; The parties/entities responsible for the various Project development activities; and A detailed Project development schedule. Due Diligence Also, during the FIRST NEGOTIATION PERIOD, the CDC and DEVELOPER, as applicable, shall conduct their respective due diligence activities, including but not limited to: 1. DEVELOPER'S timely delivery and submission to the CDC of sufficient evidence that the DEVELOPER is financially viable and has the required equity and financing to complete Site development; 2 SDCA_280013.2 Deleted: and 405 West 18'" Street Deleted: each Deleted:. Deleted: T-- 2. DEVELOPER'S timely review of preliminary title report information prepared for the Sim; 3. DEVELOPER'S timely investigation of the SITE. In conjunction therewith, and subject to the DEVELOPER receiving all prior governmental approvals and agreeing to all conditions of such approvals, DEVELOPER and its consultants and agents shall have the right to enter upon the SITE to conduct tests, studies, and investigations pursuant to an Right of Etiptry Agreement, the form of which is attached hereto and incotpot ted herein as Exhibit 1; and 4. DEVELOPER'S timely submission of''the,Development Program to the CDC for review and Ocortient. D. Design Concept Plan Submissi'on/Entitlements/Environmehtal Review By the end of the FIRST NEGOTIATLOPERIOD, DEVELOPER shall submit its Design Concept Plan for the PROJECT, includinga Site Plan, Floor Plans, Exterior Elevations and Project Description and elevatioristor review and consideration of acceptance by the Board of Directors of the CDC .(hereafter referred to as "CDC BOARD"). Upon the acceptance ofthe_Design Concept"Plan by the CDC BOARD, the DEVELOPER shall prepare and ',.process with the Cityany necessary land use entitlements, environmental studies aid reports. E. DDA Following Design poncept Plan ac,,,cer,,tance by the CDC BOARD, and the close of the FIRST NEGOTIATION,P RIOD, the CDC agrees to negotiate exclusively with the DEVELOPER `-for the "remaihig ninety (90) days of the EXCLUSIVE NEGOTIATION PERRY , (hereafter referred to as "SECOND NEGOTIATION PERIOD") in order to negotiate and attempt to finalize the DDA. If, at the close of the SECOND NEGOTIATION PERIOD, the CDC and DEVELOPER have not agreed to the terms of the DDA, this AGREEMENT shall automatically terminate. Notwithstanding the above, the DEVELOPER or the CDC's Executive Director, in his sole discretion, may extend the Negotiation Period for up to an additional one hundred and eighty (180) days to complete DDA negotiations, the land use entitlements and the environmental studies, if the CDC's Executive Director determines additional time is reasonably required. F. Execution of DDA After the DEVELOPER and the CDC agree upon the DDA, the EXCLUSIVE NEGOTIATION PERIOD may be extended for up to an additional ninety (90) days at the discretion of the CDC's Executive Director, or its acting Director (hereafter referred to as "THIRD NEGOTIATION PERIOD") in order to enable the CDC and the City to: 3 SDCA_280013.2 1. Notice and conduct a public hearing pursuant to Section 33433 of the California Health and Safety Code on the DDA; and 2. Process Site development, environmental and entitlement applications through the City's Planning Commission and City Council. The CDC agrees that during the EXCLUSIVE NEGOTIATION PERIOD, and during all of its extensions, the CDC shall not negotiate or enter into an agreement with any other person or entity regarding development of the SITE. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement h en reached, and in such P 8r � not e_, communication to follow reasonable negotiation ,procedures, including meetings, telephone conversations, and correspondence. The parties understandundeistai4that final accord on all issues may not be reached. It is also understood'` that, (1) neitherrparty is under any obligation to reach agreement on the SITE.ptirchase price and/or DDA, and (2) the CDC reserves the right to approve or reject a DDA, the Proje or any disposition of the SITE, in its sole discretion, as more particularly set forth n Part"TV,of this AGREEMENT. tw G. CDC and Developer Obligations During the EXCLUSIVE 1ECOT TION PERIO , .the CDC and DEVELOPER obligations shall include, but not be itmited to, Ethe follows CDC Obligations Provide the DEVELOPER with documents in the CDC's possession that would assist the DEVELOPER with the due diligence activities described in this AGREEMENT; Upon acceptance of the Development Program and verification of DEVELOPER financial commitments to both purchase and develop the PROJECT, prepare a first draft of a DDA. Developer Obligations Use its best efforts to investigate the SITE; b. Submit site plans, elevations, schematic drawings, detailed Project development costs, Project pro formas for Site improvements as well as a pro forma summarizing the total Project and respective returns and other documents necessary for CDC and City review; and c. Submit proof of adequate funding or funding commitments for the PROJECT. 4 SDCA_280013.2 III. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DDA; NO PRE -COMMITMENT It is anticipated that the PROJECT and the DDA providing for its implementation will be presented to the CDC BOARD for approval. The parties understand that the CDC is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: A. Approval by the CDC of the Final Project as Contained in the DDA The parties understand that the CDC has the complete and unfettered discretion to reject the DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the DEVELOPER prior, to DDA approval and execution shall be absorbed entirely by DEVELOPER.`. B. Review and Approval by the CDC of all Discretionary Findings and Conclusions The duty of the CDC to dispose of the; pajcel comprising the SITE shall be conditioned upon the successful review and appro°l of all necessary findings and conclusions which the CDC BOARD is required to make, including all necessary findings and determinations required under CEQA, state and; local land use provisions, and the California Community Redevefoprgetlt J,aw As l any matter which the CDC may be required to exercise its untettere4:1diSUitiort in advancing the PROJECT to completion, neither. anything contamed..Iierein, nor.to be contained in the DDA shall obligate the CDC to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required, by law, shall not be deemed to constitute a breach of CDC duties under this AGREEMENT. C. No Pre -Commitment by the CDC By its execution of:this AGREEMENT, the CDC is not committing itself to or agreeing to undertake any activity requiring the subsequent exercise of discretion by the CDC, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the SITE; the provision of any financial assistance for the development of any public or private interest in real property; the acquisition of real property or any other property interest; or any other such activity. This AGREEMENT does not constitute a disposition of property or exercise of control over property by the CDC and does not require a public hearing. CDC execution of this AGREEMENT is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the CDC as to any proposed DDA and all proceedings and decisions in connection therewith. IV. THE DEVELOPER A. Developer Experience SDCA_280013.2 5 As a condition precedent to the CDC's execution of this AGREEMENT, DEVELOPER shall have submitted to the CDC a detailed description of the development experience of the DEVELOPER and its principals, associates, employees, partners, and joint ventures. B. Offices of the Developer The principal offices of DEVELOPER are located at: San Diego Habitat for Humanity 10222 San Diego Mission Road San Diego, CA 92108 The Project Manager for the DEVELOPER will be: Cheryl Keenan, Executive Director Other prime developers, employees, consultants, or representatives who are proposed to be directly involved in the Projecthwill be„determined by DEVELOPER and submitted to the CDC upon any such determinati C. Full Disclosure The DEVELOPER shall maintain full; disclosure to the CDC of its principals, officers, stockholders, partners, joint ventures,;; and all other pertinent information concerning the DEVELOPER. D. Assignment The DEVELOPER without prior written approval of the CDC may not assign this AGREEMENT. The CDC agrees that, notwithstanding the foregoing, the DEVELOPER may assign its rights under this AGREEMENT to a corporation, trust, or partnership of which the DEVELOPER owns the majority beneficial interest and operational control. E. Progress Reports The DEVELOPER agrees to provide written reports advising the CDC on progress and/or problems with the proposed development every thirty (30) days during the term of the AGREEMENT. V. ENVIRONMENTAL REQUIREMENTS The DEVELOPER shall prepare all necessary environmental documents as required by the California Environmental Quality Act (public Resources Code Section 21,000 et seq.) and local regulations, for certification by the City. The DEVELOPER agrees to cooperate with the City and the CDC, as requested, to help determine the environmental impact of the proposed development and to prepare any other additional documents as may be needed to complete environmental review for the development of the PROJECT on the SITE; provided, however, 6 SDCA_280013.2 that the CDC and the City shall not incur costs or expenses in collection therewith nor will CDC or City reimburse the DEVELOPER for costs incurred related to preparing these materials. VI. REAL ESTATE COMMISSIONS The CDC has not engaged a broker, agent, or finder in connection with this transaction. As such, the CDC will not be responsible for any claims by a broker, agent or finder, and the DEVELOPER agrees to defend, indemnify, protect and hold the CDC harmless from any claim by any broker, agent, or finder retained by the DEVELOPER. VII. GENERAL PROVISIONS A. Legal Actions 1. Institution of Legal Actions` SDCA_280013.2 In addition to any other riglttsdt action to cure, correct or remedy any£ default, or to obtain any other remedy, AGREEMENT; provided, however, that' supersede any conflicting provisions of this must be instituted and ma Diego, State of Califomia, or in an 2. Applicable Law r remedies, either party mM " institute legal ult,rrcover actual ages for any stent with the purposes of this h C of this Part VIII shall ph A.1. Such legal actions in the Super c curt of the County of San appropria.c ourt in that county. The laws of the State of California shall govern the interpretation and enforcement of this,AGREEMENT. 3. Acceptance of SeFvice of Process In the event that any legal action is commenced by the DEVELOPER against the CDC, service of process on the CDC shall be made by personal service upon the Executive Director or Secretary of the CDC, or in such other manner as may be provided by law. In the event that any legal action is commenced by the CDC against the DEVELOPER, service of process on the DEVELOPER shall be made by personal service upon the DEVELOPER or in such other ,manner as may be provided by law, and shall be valid whether made within or without the State of California. B. Rights and Remedies are Cumulative Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7 C. Specific Performance as Developer's Exclusive Remedy Subject to the DEVELOPER'S right to terminate this AGREEMENT in accordance with the terms of Paragraph E of this Part VIII, the DEVELOPER'S exclusive remedy for an uncured CDC default under this AGREEMENT is to institute an action for specific performance of the terms of this AGREEMENT, and in no event shall the DEVELOPER have the right, and the DEVELOPER expressly waives the right, to seek monetary damages of any kind (including but not limited to actual damages, economic damages, consequential damages, or lost profits) from the CDC in the event of a default by the CDC under this AGREEMENT or any action related to this AGREEMENT. Notwithstanding the foregoing, the DEVELOPER shall retain the right to seek a writ of mandate in the event of any final denial bythe. CDC of any CDC permit or approval pertaining to the PROJECT. D. Attomev's Fees If either party to this AGREEMENTtit,.lequired:Jo initiate or defend litigation in any way connected with this AGREEMENT; At,prOliling party in such litigation in addition to any other relief which may be grant , §'hether legal or equitable, shall be entitled to its actual and reasonable attorney's fees.'Tf-either party to this AGREEMENT is required to initiate or defend litigation with a third panty because of the violation of any terms or provision of this AGREEM ' b_ ythe other party then the party so litigating shall be entitled to its actual and reasonabledai o ney's fees from the other party to this AGREEMENT. As used herein, the term . .ttorniey',s fees" shall include attorney's fees incurred related to theiforegoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, retaining expert witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The parties hereto acknowledge and agree that each such party shall bear itsown legal costs incurred in connection with the negotiation, approval, and execution of this AGREEMENT. E. Termination Rights Notwithstanding the nominal EXCLUSIVE NEGOTIATION PERIOD hereinabove set forth, either party may terminate this AGREEMENT if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. If such default is not cured within the thirty (30) days, the termination shall be deemed effective. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party shall also have the right to terminate this AGREEMENT in the event that (a) the CDC or the DEVELOPER determines that the PROJECT is infeasible, based on financial or environmental impact considerations, or not in the public interest; or (b) 8 SDCA_280013.2 the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. Upon such a termination, the CDC shall return the BALANCE OF DEVELOPER'S DEPOSIT, if any, to the DEVELOPER. F. Indemnity The DEVELOPER shall indemnify, protect defend and hold harmless the CDC and the City and the CDC's and the City's respective elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this AGREEMENT, or any and all losses, liabilities, damages, claims or costs (including attorneys' fees) arising from DEVELOPER'S negligent acts, errors, or omissions with respect to its obligations hereunder or tteSITE, excluding any such losses arising from the sole negligence or sole willful misconduct of the CDC or the conduct of third parties outside the control of, the 'DEVELOP R This indemnity obligation shall survive the termination of this AGREEMENT.Notwithstanding the foregoing, in the event of a third party challenge to the validity of this DEVELOPER shall have the option to ter ' ate this AGREEMENTS- nlieu of its indemnity obligation. G. Notices Demand and Communication Between the Parties Formal notices, demands, and:communications beiwnCDC and DEVELOPER shall be given either by (i) personal service, r) elrvery b `reputable document delivery service such as Federal Express that provides d ptshowing date and time of delivery, or (iii) or by mailing tau the United States mail, cerfi`fied mail, postage prepaid, return receipt requested; addressedto: To Developer: Community Development Commission Attn: Brad Raulston, Executive Director 1243 National City Boulevard National City, CA 91950-4301 City of National City Attn: George Eiser, City Attorney 1243 National City Boulevard National City, CA 91950-4301 San Diego Habitat for Humanity Attn: Cheryl Keenan, Executive Director 10222 San Diego Mission Road San Diego, CA 92108 Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, 9 SDCA_280013.2 demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail. H. Nonliability of City and CDC Officials and Employees No member, official, employee, or contractor of the City or the CDC shall be personally liable to the DEVELOPER in the event of any default or breach by the CDC or for any amount, which may become due to the DEVELOPER or on any obligations under the terms of the AGREEMENT. I. Interpretation The terms of this AGREEMENT shall be ,t15nsin accordance with the meaning of the language used and shall not be calrstr eed for or against either party by reason of the authorship of this AGREEMENT or any other rule of'construction which P a: might otherwise apply. The Part and Paragr`ti headings are for purposes, of convenience only, and shall not be construed to limit or epd the meaning of this AGREEMENT. J. Entire Agreement, Waivers, and Amendments This AGREEMENT integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedeas aUT;negotiations or p're lions agreements between the parties with respect to all or any part o t e subject matter hereof. All waivers of the provisions of this AGREEMENT Must be iri` writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of CDC and DEVELOPER. K. Counterparts This AGREEMENT may be executed in counterparts, each of which, after all the parties hereto, have signed this AGREEMENT, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. L. Successors This AGREEMENT shall be binding upon and shall inure to the benefit of the permitted successors of each of the parties hereto. M. Further Assurances The parties hereto each agree, without further consideration, to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the transaction set forth in and contemplated by this Agreement. N. Severability SDCA_280013 2 10 In the event any section or portion of this AGREEMENT shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this AGREEMENT. O. Time is of the Essence Time is of the essence for each of the DEVELOPER'S obligations under this AGREEMENT. P. Confidentiality The DEVELOPER acknowledges and agrees that the CDC is a public entity with a responsibility and, in many cases, legal obligation`to conduct its business in a manner open and available to the public. Accordingly, any information provided by the DEVELOPER to the CDC with respect to*SITE, the PROJECT or theVELOPER may be disclosed to the public either purposet , nadve2fently, or as a result of a public demand or order. With respect to any information provided that the DEVELOPER reasonably deems and identifies in writing as proprietary and confidential in nature, the CDC agrees to exercise its best efforts. to keep such information confidential. IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this AGREEMENT on the respective dates set forth below. COMMUNITY DEVELOPMENT COMMISSION OF 'THE CITY OF NATIONAL CITY SAN DIEGO HABITAT FOR HUMANITY By: By: Nick'Inzunza, Chairman ATTEST: By: Brad Raulston, Secretary APPROVED AS TO FORM: By: George Eiser, III CDC Counsel Dated: SDCA 280013.2 11 Cheryl Keenan, Executive Director By: EXHIBIT 1 RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT (hereafter referred to as "Agreement") is made and entered into as of November 21, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), and SAN DIEGO HABITAT FOR HUMANITY, a 501 (c)(3) non-profit corporation (hereafter referred`fo as "Developer"), with respect to the following: RECITALS A. The CDC and the Developer have entered into an `Exclusive Negotiate Agreement, dated as of November 21, 2006, for the negotiation of a disposition.aud development agreement with respect to certain real property in the City of National City known as - Assessor { Deleted: , Parcel Number 559-085-08 an 560-233-06,4hereafter r`eferredlb as "Property"). Deleted: and559-063-O4 B. The Developer desires to perform certainedevelopment work consisting of certain tests, studies, and analyses necessary, to evaluate the epudition of the Property (hereafter referred to as "Predevelopment Work"). �" C. The CDC wishes to accommodate the peyeloper's desire to commence the Predevelopment Work on the Property by granting a right of entry to Developer upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Developer and CDC do hereby agree as follows 1. Right of Entry Provided that all of the terms and conditions of this Agreement are fully satisfied, the CDC hereby rants to Developer and its employees, agents and contractors the nonexclusive right to enter upon the Property to perform the Predevelopment Work, and for no other'prposes without the prior written approval of the CDC's Executive Director or his designee. 'This Agreement Shall automatically terminate and expire one hundred and eighty (180) days from the date of this Agreement. The term of this Agreement may be extended at the sole and absolute discretion of the CDC Executive Director or his designee for anadditional period not to exceed thirty (30) days. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other interest in the Property to the Developer. 2. Agreement. By execution of this Agreement, Developer agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) That Developer will not permit any dangerous condition to be created on the Property. -1- Exhibit 1 SDCA_280013.2 (b) That all acts and things done by Developer on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. (c) That Developer enters the Property entirely at its own cost, risk and expense. (d) That prior to the Developer's entry upon the Property and during the period of this Agreement, there shall be in effect and shall provide satisfactory evidence to the CDC of the following: a. Workers' compensation insurance as r auired by law; b. Commercial general liability insurance yr tten on an occurrence basis, with a combined single • limit of at leapt One Million dams Dollarse ro ($1,000,000) consisting of bothbodily mluryanc�� perty g coverage; and c. Automobile liability insu,ce,;.including liability for all owned, hired and non -owned velii;3es, with minimum limits of One Million Dollars ($1,000,000) for., bodily injury per person, One Million Dollars ($1,000,000) property damage and One Million Dollars ($1,000,00)) combined single'l'lmit per occurrence. CDC of National City shall be named as an additional insured under the commercial general liability policy. (e) That Developer shall not permit any mechanics', material men's or other liens of any kind or nature (hereafter referred to as "Liens") to be filed or enforced against the Property in connection with the Predevelopment Work. Developer shall indemnify, defend and hold harmless`CDC from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. CDC reserves the 'right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices of non -responsibility or other notice as may be desirable to protect CDC against liability. In addition to, and not as a limitation of CDC's other rights and remedies under this Agreement, should the Developer fail, within ten (10) days of written request from CDC, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless CDC from and against any loss, damage, injury, liability or claim arising out of a Lien, then CDC, at its option, may elect to pay such Lien, or settle or discharge such Lien andany action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to CDC by the Developer upon written demand. (f) That Developer shall not have any interest in the Property or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to -2- Exhibit 1 SDCA_280013.2 this Agreement. Developer shall, at the written request of the CDC, leave the Property in a condition that does not create an unreasonable risk of harm to the public. (g) The Developer shall take all necessary precautions to prevent the import and/or release into the environment of any hazardous materials, which are imported to, in, on or under the Property during the performance of the Predevelopment Work. If hazardous materials are imported onto the Property as a result of the performance of the Predevelopment Work, the Developer shall be solely responsible for removing such imported hazardous materials in conformance with all Governmental Requirements. The Developer shall report to the CDC, as soon as possible after each incident, any unusual or potentially important incidents with respect to the environmental condition of the Property. 3. Indemnity. Developer hereby agrees to defend, indemnify and the CDC and its officers, officials, members, employees, agents and representatives, harmlessrtfrrom and against any and all loss, damage, injury, liability, claim cost or expense (including, wittout limitation, reasonable attorneys' fees, expert witness fees, co*costsd expenses) arising from or attributable to the activities of Developer or any of fits, employees, agents, consultants or contractors upon the Property pursuant to this Agreement:. All use of and entry upon the Property shall be at the sole cost, risk and .expense of the Develper. 4. Miscellaneous. (a) Choice of Law. This Agreement is o ` governed by, and construed accordance with, the.laws of the State ofCalifornia. (b) Remedies. Either party shall, in addition to all other rights provided herein or as may be -provided. by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and no one of then shall be exclusive of any other, and each party shall have the right to pursue any one or all, of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. (c) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one 'and the same instrument. (d) Non -Liability of Public Officials. No officer, employee, member, agent or representative of the CDC shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the CDC, or for any amount which may become due to Developer or its successor, or for any breach of any obligation of the terms of this Agreement. -3- Exhibit 1 SDCA_280013.2 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. CDC: COMMUNITY DEVELOPMENT COMMISSION OF' THE CITY OF NATIONAL CITY, a public body, corporate and politic By: Brad Rattjston, Executi* irector DEVELOPER: SAN DIE! By: Cheryl„ Keenan, Executive Director TAT FOR HUMANITY -4- Exhibit 1 SDCA_260013.2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO 38 ITEM TITLE Approve Agreement with the Law Offices of Donald W. Detisch for as needed legal services and authorizing the Chairman to execute said Agreement PREPARED BY Xavier Del Valle, Senior Project Manager DEPARTMENT Community Development Commission (CDC) EXPLANATION On March 16, 2004, the CDC approved an Agreement with the Law Offices of Donald W. Detisch for as needed legal services. The Agreement needs to be renewed, and staff desires to retain Mr. Detisch to continue to provide legal services to the CDC, when requested. Mr. Detisch is a qualified and experienced attorney, and has satisfactorily provided legal services to the CDC on a variety of projects and issues pertaining to Eminent Domain Law, redevelopment law, and related litigation. Pursuant to the Agreement, legal services may include the following: consultation, litigation, and transactional services as needed by the CDC for Eminent Domain Law, including right of entry agreements, resolutions of necessity, administrative record inquiries, relocation plans and related public hearings, and any and all litigation, consultation, and acquisition of real and personal property through real estate and purchase sales agreements; preparation of Exclusive Negotiation Agreements, Owner Participation Agreements, Disposition and Development Agreements, and other related real estate, redevelopment and housing related documents, ordinances, and resolutions; and appearance before any administrative agencies and boards to provide expert testimony for the above referenced legal services. Environmental Review CEQA is not applicable Financial Statement The Agreement sets a not to exceed amount of $100,000 for services from the effective date until written notice of cancellation of the Agreement by either party. STAFF RECOMMENDATION Adopt resolution approving an Agreement with the Law Offices of Donald W. Detisch for as needed legal services and authorizing the Chairman to execute said Agreement . ATTACHMENTS 1. Resolution 2. 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 AN AGREEMENT WITH THE LAW OFFICES OF DONALD W. DETISCH FOR AS -NEEDED LEGAL SERVICES WHEREAS, the Community Development Commission of the City of National City (CDC) is charged with implementing the National City Redevelopment Plan; and WHEREAS, the CDC desires to retain the Law Offices of Donald W. Detisch to continue to provide legal services to the CDC, when requested; and WHEREAS, the Law Offices of Donald W. Detisch is a qualified and experienced law firm, and has satisfactorily provided legal services to the CDC on a variety of projects and issues pertaining to eminent domain law, redevelopment law, and related litigation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with the Law Offices of Donald W. Detisch to provided as -needed legal services. PASSED and ADOPTED this 21st day of November, 2006. Nick Inzunza, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (the "CDC") and the Law Office of Donald W. Detisch, (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the Firm and the fee arrangement for said services. Article 1. Retainer. The CDC hereby retains the Firm to assist in representing the CDC in connection with legal services pertaining to real estate, redevelopment law and related litigation, subject to this Agreement. Article 2. Scope of Services. The CDC shall have the right in its sole discretion to determine the particular services to be performed by the Firm under this Agreement. These services may include the following: consultation, litigation, and transactional services as needed by the CDC for Eminent Domain Law, including right of entry agreements, resolutions of necessity, administrative record inquiries, relocation plans and related public hearings, and any and all litigation, consultation, and acquisition of real and personal property through real estate and purchase sales agreements; preparation of Exclusive Negotiation Agreements, Owner Participation Agreements, Disposition and Development Agreements, and other related real estate, redevelopment and housing related documents, ordinances, and resolutions; and appearance before any administrative agencies and boards to provide expert testimony for the above referenced legal services. It is expected that the Firm will work with the CDC's Legal Counsel and staff. Article 3. Compensation. Compensation paid under this Agreement shall be as follows: Attorney $175 per hour; Paralegal/Legal Assistant $85 per hour; and Legal Intern per hour. A. The Firm shall not use more than one attorney for the same specific task without the CDC's approval. The Firm may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CDC. B. The Firm agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the CDC's Legal Counsel and the Firm. The CDC shall not be obligated to pay the Firm amounts not discussed, budgeted, and agreed to before being incurred by the Firm. C. The CDC has appropriated or otherwise duly authorized the payment of an amount not to exceed $100,000 for legal services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CDC. Page 1 of 9 Agreement for Legal Services D. The Firm shall keep the CDC advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm will not charge the CDC for travel time; however, the Firm may charge for work performed for the CDC during any travel time. E. The CDC further agrees to reimburse the Firm, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the Firm as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the Firm shall provide the CDC with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CDC has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.10 (ten cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CDC will consider reimbursement on a case -by -case basis. The CDC will not reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CDC's prior consent. The CDC expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CDC will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the CDC's payment process, the CDC will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. Page 2 of 9 Agreement for Legal Services F. Bills from the Firm should be submitted to George Eiser, Legal Counsel, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the Firm for billing evaluation and review purposes shall be made available to the CDC in support of bills rendered by the Firm. G. The Firm agrees to forward to the CDC a statement of account for each one -month period of services under this Agreement, and the CDC agrees to compensate the Firm on this basis. The Firm will consult monthly with the CDC as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be referencq"telephone call re: trial brief," "interview in preparation for deposition"). (e) The biller's professional capacity (partner, associate, paralegal, etc.) should be included. (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate: The CDC does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CDC will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CDC pay for outside expenses such as messenger delivery fees, investigative services, outside computer litigation support services, or overnight mail. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. The CDC's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. Page 3 of 9 Agreement for Legal Services (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the firm. The CDC will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the CDC must be had. This includes document review. Article 4. Independent Contractor. The Firm shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the Firm without prior written consent of the CDC. Retention of the Firm is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the Firm including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Firm pursuant to this Agreement is for the sole use of the CDC. All such work product shall be confidential and not released to any third party without the prior written consent of the CDC. Article 6. Compliance with Controlling Law. The Firm shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and all directives issued by the CDC or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. Acceptability of Work. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the Firm and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm in this Agreement, the CDC or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm. Article 8. Indemnification. The Firm agrees to indemnify and hold the CDC and its agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the Firm's employees, agents, or officers, which arise from or are connected with or caused or claimed to be Page 4of9 Agreement for Legal Services caused by the acts or omissions of the Firm and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CDC, its agents, officers, or employees. Article 9. Insurance. The Firm shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the CDC. At its sole cost and expense, the Firm shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the Firm's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the CDC and its Board officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the CDC and its elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the CDC; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CDC by certified mail. Before this Agreement shall take effect, the Firm shall furnish the CDC with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The Firm may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The Firm agrees to comply with the City of National City's Drug -Free Workplace requirements. Every person awarded a contract by the CDC for the provision of services shall certify to the CDC that it will provide a drug -free workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain this provision. Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or Page 5 of 9 Agreement for Legal Services medical condition. The Firm 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 Firm 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. Article 12. Effective Date and Term. This Agreement shall be effective upon execution by the Firm and CDC and continue until written notice of cancellation, unless otherwise provided herein. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to the CDC's Legal Counsel. Article 13. Notification of Change in Form. The Firm has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CDC shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: George Eiser, Legal Counsel Community Development Commission of the City Of National City 1243 National City Boulevard National City, CA 91950 cc: Chris Zapata Executive Director Community Development Commission of the City Of National City 1243 National City Boulevard National City, CA 91950 Page 6 of 9 Agreement for Legal Services Notice to the Firm shall be addressed to: Donald W. Detisch, Attorney at Law 110 West A Street, Suite 750 San Diego, CA 92101 Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Article 16. Miscellaneous Provisions. A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The Firm covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CDC and the Firm. D. Severability: The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the CDC to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the Firm shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. This prohibition shall not preclude the CDC from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. 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. Page 7 of 9 Agreement for Legal Services H. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) 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. Article 17. Subconsultants. From time to time the Finn has needed to engage the services of subconsultants such as appraisers and/or other experts in connection with its work for CDC. Historically, the Firm has obtained the prior approval of CDC to engage these individuals and firms and obtained the CDC's concurrence that it, not the Firm, will pay for the services of these consultants. The arrangement has proven satisfactory to the parties and therefore that practice will be continued. The CDC's prior approval will be obtained and the CDC, however, will be entirely responsible for the payment of the consultants engaged on behalf of the Firm and the CDC. Any disputes by and between a subconsultant and the CDC shall be handled as set forth in Article 7. however, the Firm shall not be responsible for any payments to the subconsultant. Page 8 of 9 Agreement for Legal Services IN WITNESS WHEREOF, the parties have executed this Amended Agreement on the 20 day of November 2006. COMMUNITY DEVELOPMENT COMNIISSION OF THE CITY OF NATIONAL CITY LAW OFFICE OF DONALD W. By: B Nick Inzunza, Chair •i . W De inch Attorney at Law APPROVED AS TO FORM: George H. Eiser, III Legal Counsel B y:r-ANJAt CIO'i lt0_14 (Name) (Title) CS Page 9 of 9 Agreement for Legal Services CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 39 ITEM TITLE Public Hearing — Downtown Specific Plan Consistency Review for project, `Lumina' Location: 1105, 1121, 1123, 1125 National City Boulevard and 41 East 12th Street APN: 556-554-16, 17, -18, -19, -20 Applicant: Constellation Property Group Case File No.: DSP-2006-6 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The Constellation Property Group received CDC Board approval for Consistency Reviews (DSP- 2006-3), (DSP-2005-1), & (DSP-2005-5) for the Revolution 1, Revolution 2, and Centro projects. The applicant has submitted a new development proposal, `Lumina,' for the Revolution 1 and Revolution 2 sites, and is requesting Consistency Review approval for the new project. The applicant is not requesting changes to the Centro project and intends to develop the site as approved. The proposed Lumina project is a mixed -use development that would essentially use the same building envelope as the approved Revolution projects. Lumina would consist of two buildings and include residential condominiums, a hotel, commercial space, and supporting uses. ENVIRONMENTAL REVIEW An EIR was certified for the Downtown Specific Plan, and a Mitigation Monitoring and Reporting Program was adopted pursuant to the California Environmental Quality Act. The EIR is adequate environmental documentation for those projects that are consistent with the Specific Plan. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommends approval of Downtown Specific Plan Consistency Review (DSP-2006-6). BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background Report 2. Exhibit (DSP-2006-6) Resolution No. A-200 (9/80) BACKGROUND REPORT Subject Property The project site consists of four parcels and a portion of a fifth parcel that total approximately 61,063 square feet (-1.4 acres) and occupy most of the block located on the east side of National City Boulevard, south of 11th Street, and north of 12th Street. The site has 160-feet of frontage along National City Boulevard, 297-feet along 11th Street, and 164-feet along 12th Street. A 20-foot wide alley divides the project site. Existing uses on the project site include a vacant used car lot, Lourdes Family Restaurant, and office buildings. An Enterprise Rent-A-Car agency is located on the block at the northeast corner of National City Boulevard and 12th Street, but is not a part of the proposed project. The parking lot to the east of the site has been approved for the development of 61 residential condominiums in the separate `Centro' project. The project site is located in Development Zone 5B of the Downtown Specific Plan. Proposed Development The applicant is proposing a mixed use development project that would consist of 174 residential condominium units, a 130-room hotel, 9,000 square feet of commercial space, a 7,000 square foot restaurant/retail space, and a multi -function facility for meetings, catering, banquets, and other entertainment and event uses. The development would consist of two buildings a three-story building ("R1") that would have a height of approximately 53 feet and approximately 61,000 square feet of floor area; and a 22-story building ("R2") that would have a height of approximately 245 feet and approximately 347,000 square feet of floor area. The total floor area of approximately 408,000 square feet would result in a 6.7:1 floor area ratio (FAR) for the project. The smaller R1 building would be located on the west side of the alley and would have frontage along National City Boulevard and 11th Street. The larger R2 building would be located `behind' Rl to the east side of the alley with frontage along 11th Street, 12th Street, and a proposed public plaza that would serve as an extension of A Avenue from 11th to 12th Street. A pedestrian bridge spanning the alley would connect the two buildings at level 5 of R2 and the roof deck of Rl. Rl Uses The first level of Rl would be occupied by a restaurant with over 7,000 square feet of area for indoor dining, outdoor dining adjacent to the public sidewalks, and a lounge area. The remaining floor area would be used for support uses including the kitchen, restrooms, storage, and physical plant. A lobby on the ground floor would also provide access to the floors above. The second level of R 1 would include a multiple function space of over 7,000 square feet that could be used for meetings, catering, banquets, and other entertainment and event uses. The remaining floor area would consist of supporting areas including restrooms, storage rooms, and a pre -function lobby area. The third level of Rl would include a gym, spa facilities, and lounge for hotel guests and condominium residents. R1 would have a roof level with a pool and deck area for the hotel and special functions. R2 Uses The first level of R2 would include the main entrance on the proposed public plaza with separate residential and hotel lobbies. Three retail spaces totaling nearly 9,000 square feet would create storefronts on both sides of the main entrance at the comers of the building and along 11 th and 12th Streets. The second level of R2 would include the hotel management offices, housekeeping, the physical plant, and other support areas. The third level of R2 would include a pool and deck area for use of hotel guests and condominium residents. The hotel would occupy the lower levels of the R2 building, levels 3 through 7. Each floor would consist of 26 rooms-18 singles and 8 suites per level for a total of 130 rooms. The 174 residential condominiums in R2 would be located in the upper levels above the hotel, levels 8 through 22. The unit mix would consist of 27 one -bedroom units, 116 two -bedroom units, 29 three -bedroom units, and two four -bedroom penthouses. 13 units would be located on each floor on levels 8 through 19; 11 units would be located on level 20; and seven units would be located on level 21/22. Parking The parking requirement for the project is 371 spaces based on residential unit mix, hotel rooms, and commercial floor area. The project would provide a total of 376 parking spaces-99 spaces on two basement levels in the RI building, and 277 spaces on three levels in the R2 building. Vehicular access would be limited to one driveway entrance to each facility. The Ri parking garage would be accessed from a driveway on 11 th Street; the R2 parking garage would be accessed from the proposed public plaza. The existing public alley would remain and provide access to loading areas for both buildings. Downtown Specific Plan The proposed development is consistent with the land use regulations of the Downtown Specific Plan. The project falls within Development Zone 5B, which lists "medium -density multi -family residential over street -level retail" as a preferred land use. The project would achieve this land use objective by providing street level retail along street frontages in both buildings and by providing 174 residential condominium units in the upper floors of the R2 building. The project includes other uses in addition to the preferred uses, notably the hotel and multi- function facility along with other supporting uses. The primary uses of the project would be the residential condominiums, the hotel, and the commercial space. All other proposed uses would be considered secondary or ancillary to the primary uses, and are intended to provide supporting functions for the primary uses. Although hotel uses are not specifically listed as a preferred use, the underlying zone allows hotels as was well as the proposed supporting uses by right. All of the proposed uses would be compatible with one another and result in a greater mix of uses than has been proposed for any other project within the Downtown Specific Plan. The Lumina development concept introduces a mix of uses, which are comprehensively planned and programmed into the project. This mix of uses furthers an overarching goal of the specific plan for more active and intense mixed infill development that emphasizes a pedestrian and transit oriented urban environment. Height and FAR Exemption The proposed project is consistent with the development standards of Development Zone 5B, with the exception of floor area ratio and height. The development zone allows a maximum FAR of 4:1 and a maximum height of 90-feet. The project has a total floor area of approximately 408,000 square feet, which is an FAR of 6.7:1, and the R2 building has a height of approximately 245 feet. The applicant has requested an exception to the FAR and height limits pursuant to the exemption process outlined in the Downtown Specific Plan and the adopted Consistency Review Procedures. Specifically, the applicant has requested Exemption Finding 3 for the project: "The project makes a significant contribution to off -site public space in Downtown National City, such as street improvements, public plazas, park improvements, and other improvements that are called for in the Specific Plan." The proposed significant contribution is the public plaza along the east side of the project that would re-establish a connection between the neighborhoods to the north and Kimball Park to the south. This connection has been identified as a major goal in the Open Space Network of the Downtown Specific Plan in order to create a pedestrian corridor along A Avenue to Kimball Park. The proposed plaza would achieve one of the most substantial objectives of the Specific Plan. Public Plaza The plaza along the east side of the project site would provide public access between 1 lth Street and 12th Street by connecting A Avenue from the north of 11th Street to the south of 12th Street. The plaza would establish a formal pedestrian and vehicular connection from the neighborhoods north of the project to the Civic Center complex and Kimball Park to the south. This connection is a major goal that has been identified in the Downtown Specific Plan. The plaza would be approximately 56-feet wide and 260-feet long. A two-way drive lane down the center of the plaza would allow vehicular traffic between 11th Street and 12th Street, and would provide a turnout in front of the R2 lobby entrance for valet parking and potential bus and shuttle service. Centro Project The applicant received approval of Consistency Review (DSP-2005-5) for the adjacent Centro project to the east, which is also located in Development Zone 5B, but will be developed well below the maximum 4:1 FAR and 90-foot height limit for the zone. As a condition of approval, Centro's 1.82 FAR and 50-foot building height are the maximum allowed and have been recorded as development restrictions on the site. When considered together, the Centro and Lumina projects result in an overall FAR of 4.75:1. Fiscal Impact The subject property is located in the National City Redevelopment Project Area. Consequently, any improvement of the property would result in an increase in property tax revenues to the CDC. The current assessed value of the subject property is less than $2 million. The proposed project has an estimated value of approximately $127 million. If developed, the project could result in over $837,000 in additional annual tax increment to the CDC. Twenty percent of the annual tax increment would go into the Low/Mod Fund. In addition, transient occupancy tax and sales tax revenue would be generated by the hotel and commercial components of the project. If developed, the project could result in over $1 million in development impact fees based on the number of residential units and commercial square footage. Development impact fees are allocated to Parks and Recreation, Library, Fire/EMS, and Police facilities. In addition, the project is located in the Morgan Square Property Based Improvement District, where the residential component would be assessed an annual fee of $240 per residential unit, $41,760 annually, as well as over $39,000 annually for the commercial component. EXHIBIT DSP-2006-6 (Note: Full-sized set of plans available for review in the CDC offices) CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 40 ITEM TITLE Resolution — Downtown Specific Plan Consistency Review for project, `Lumina' Location: 1105, 1121, 1123, 1125 National City Boulevard and 41 East 12th Street APN: 556-554-16, 17, -18, -19, -20 Applicant: Constellation Property Group Case File No.: DSP-2006-6 PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager DEPARTMENT Community Development Commission EXPLANATION The Constellation Property Group received CDC Board approval for Consistency Reviews (DSP- 2006-3), (DSP-2005-1), & (DSP-2005-5) for the Revolution 1, Revolution 2, and Centro projects. The applicant has submitted a new development proposal, `Lumina,' for the Revolution 1 and Revolution 2 sites, and is requesting Consistency Review approval for the new project. The applicant is not requesting changes to the Centro project and intends to develop the site as approved. The proposed Lumina project is a mixed -use development that would essentially use the same building envelope as the approved Revolution projects. Lumina would consist of two buildings and include residential condominiums, a hotel, commercial space, and supporting uses. ENVIRONMENTAL REVIEW An EIR was certified for the Downtown Specific Plan, and a Mitigation Monitoring and Reporting Program was adopted pursuant to the California Environmental Quality Act. The EIR is adequate environmental documentation for those projects that are consistent with the Specific Plan. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommends approval of Downtown Specific Plan Consistency Review (DSP-2006-6). BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Resolution Resolution No. L A-200 (9/80) RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW FOR A MIXED -USE DEVELOPMENT PROJECT, `LUMINA' LOCATED AT 1105, 1121, 1123 AND 1125 NATIONAL CITY BOULEVARD AND 41 EAST 12TH STREET APPLICANT: CONSTELLATION PROPERTY GROUP CASE FILE NO.: DSP-2006-6 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 (CDC) to consider all development proposals at a public hearing; and WHEREAS, the (CDC) considered the application at a duly advertised public hearing held on November 21, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the CDC considered the recommendation and findings of the staff report contained in Case File No. DSP-2006-6, 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 CDC desires to achieve the goals and implement the policies of the Downtown Specific Plan; and WHEREAS, the CDC 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 development standards of the Specific Plan with the exception of floor area ratio and height. However, the applicant has requested an exemption pursuant to the exemption process outlined in the Downtown Specific Plan and the adopted Consistency Review Procedures. Under Exemption Finding 3: The project makes a significant contribution to off -site public space in Downtown National City, such as street improvements, public plazas, park improvements, and other improvements that are called for in the Specific Plan. Specifically, a public plaza is proposed along the east side of the project that would provide public access between 11 th Street and 12th Street. This extension of A Avenue would establish a formal pedestrian and vehicular connection from the neighborhoods north of the project to the Civic Center complex and Kimball Park to the south. This connection is one of the major goals identified in the Downtown Specific Plan, Open Space Framework. RESOLUTION NO. 2006 — November 21, 2006 Page 2 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. 4. Make Connections — The project is integrated physically and visually with its surroundings. The project exhibits attention on how to get around by foot, bicycle, public transportation and automobile — in that order. 5. Work with the Landscape — The project strikes a balance between the natural and man- made environment and utilizes each site's intrinsic resources — the climate, landform, landscape, and ecology to maximize energy conservation and create distinctive amenities. 6. Mix Uses and Forms — The project weaves together different building forms, uses, textures, and densities. 7. Design for Change — The project is designed for energy and resource efficiency; creating flexibility in the use of property, public spaces (including the sidewalk) and the service infrastructure and introduces or acknowledges through design; new approaches to transportation, traffic management and parking. BE IT FURTHER RESOLVED that the Community Development Commission Board has considered that the Program Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Program Environmental Impact Report, which reflects the Community Development Commission Board's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the Community Development Commission Board approves said Downtown Specific Plan Consistency Review subject to the following conditions: 1. Mitigation Measures. The project shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program EIR for the Downtown Specific Plan. 2. Use Permits. The applicant shall obtain conditional use permits for any conditional uses pursuant to the Land Use Code. 3. Approved Plan. The project shall be developed and maintained in substantial conformance with Exhibit (DSP-2006-6), dated November 21, 2006, except as modified by the conditions of approval. RESOLUTION NO. 2006 — November 21, 2006 Page 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. 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. 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 following. 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. Resolution No. 2006 — November 21, 2006 Page 4 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. c) 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. d) 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. e) 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. f) 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) 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 RESOLUTION NO. 2006 — November 21, 2006 Page 5 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. h) The deteriorated portions of the existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. i) 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. j) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. k) 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. I) 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. m) 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. n) 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. o) 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. p) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. q) The Final Map shall be recorded prior to issuance of any building permit. r) All new property line survey monuments shall be set on private property, unless otherwise approved. RESOLUTION NO. 2006 — November 21, 2006 Page 6 s) 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. 11. Public Works Requirements. The applicant shall comply with all public works requirements, including the following. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities — The developer shall be required to upgrade the sewer line to 12- inch diameter. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along the project's alley and street frontages to assure safety of the residents at night. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the following. 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) Class I standpipe system will be required d) Automatic and manual fire alarm system with communications system will be required. e) Smoke control system will be required. f) Fire Department central control station will be required. g) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 13. Building 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. RESOLUTION NO. 2006 — November 21, 2006 Page 7 14. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the following. 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. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the following. 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. d) Submit the plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for his review and comments. 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 of the City of National City. RESOLUTION NO. 2006 — November 21, 2006 Page 8 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 all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 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 of the City of National City and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. This permit shall expire two years after the effective date of approval unless prior to that date a request for a time extension has been filed in writing to the Community Development Commission. The process for a time extension shall be the same as the process for application for the original permit. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the Community Development Commission meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. --- Signature Page to Follow --- RESOLUTION NO. 2006 — November 21, 2006 Page 9 PASSED and ADOPTED this 215t day of November, 2006. Nick Inzunza, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel 1 Environmental Review Environmental studies for a proposed project shall be initiated once a Design Concept Plan is approved by the CDC, and land use applications are submitted to the City for consideration. PREPARED BY Xavier Del Valle Senior Project Manager City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 21, 2006 AGENDA ITEM NO. 41 ITEM TITLE Resolution approving a Design Concept Plan by Palm Plaza Associates, LLC for development of a 1.07-acre parcel located at 1640 East Plaza Boulevard (APN# 557-410-20) in National City, CA. DEPARTMENT p Community Development Commission EXPLANATION On June 20, 2006, the CDC Board approved an Assignment and Assumption Agreement with Palm Plaza Associates, LLC for a 1.07-acre parcel located at 1640 East Plaza Boulevard. Prior to considering a Disposition and Development Agreement (DDA) for the CDC parcel, Palm Plaza shall first submit their Design Concept Plan to the Board for consideration. On September 19, 2006, Palm Plaza presented their Design Concept Plan to the Board for consideration. Due to concerns pertaining to lack of commrcial space, access, and circulation, the Board directed Palm Plaza to revise their Concept Plan. $mce then, Palm Plaza has incorporated Board comments into their proposed Concept Plan, and is prepared to present it for Board consideration. Considering a Concept Plan is not a pre -commitment from the CDC to execute a DDA, provide assistance of any kind, or approve any land use regulation governing the subject property. Approval of a Concept Plan shall enable Palm Plaza to initiate the necessary land use entitlements and environmental studies for development of the subject parcel. Financial Statement A $25,000 deposit from Palm Plaza has been received by the CDC to offset the costs associated with implementing the Exclusive Negotiation Agreement (ENA). STAFF RECOMMENDATION CDC adopt a resolution approving a Design Concept Plan by Palm Plaza Associates, LLC for development of a 1.07-acre parcel located at 1640 East Plaza Boulevard. I ATTACHMENTS 1. Background Report 2. Resolution 3. Design Concept Plan Resolution No. A-200 (9/80) i RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A DESIGN CONCEPT PLAN BY PALM PLAZA ASSOCIATES, LLC, FOR DEVELOPMENT OF A 1.07-ACRE PARCEL LOCATED AT 1640 EAST PLAZA BOULEVARD (APN# 557-410-20) WHEREAS, on June 20, 2006, the Community Development Commission of the City of National City (CDC) approved an Assignment and Assumption Agreement with Palm Plaza Associates, LLC, for a 1.07-acre parcel located at 1640 East Plaza Boulevard; and WHEREAS, prior to considering a Disposition and Development Agreement for the above referenced parcel, Palm Plaza was required to submit their Design Concept Plan to the CDC for consideration; and WHEREAS, approval of a Design Concept Plan enables Palm Plaza to initiate the necessary land use entitlements and environmental studies for development of a residential and commercial mixed use project. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission hereby approves a Design Concept Plan by Palm Plaza Associates, LLC, for development of a 1.07-acre parcel located at 1640 East Plaza Boulevard (APN# 557-410-20). PASSED and ADOPTED this 21s1 day of November, 2006. Nick Inzunza, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT On June 20, 2006, the CDC Board approved an Assignment and Assumption Agreement with Palm Plaza Associates, LLC to prepare plans to develop a residential and commercial mixed use project on the CDC parcel located at 1640 East Plaza Boulevard, as well for two parcels that Palm Plaza controls just west of the subject parcel. On September 19, 2006, Palm Plaza presented their Design Concept Plan to the Board for consideration. Due to concerns pertaining to lack of commercial space, access, and circulation, the Board directed Palm Plaza to revise their Concept Plan. Since then, Palm Plaza has incorporated Board comments into their revised Concept Plan, and is prepared to present it for Board consideration. The original Concept Plan proposed 53 town home units, two live -work units, a clubhouse, and 116 parking spaces. The revised Concept Plan reduces the number of residential units and parking spaces, and eliminates the clubhouse in order to provide additional commercial space along Plaza Boulevard. The revised Concept Plan calls for 45 town home units, 3,750-sf of commercial space, 96 residential parking spaces, and 15 commercial parking spaces. The revised Concept Plan is herein included as Attachment 3. At the previous Board meeting to consider the Concept Plan, two issues were also discussed by the Board pertaining to the potential development of the parcel on the SE corner of Palm Avenue and Plaza Boulevard, and public access and circulation via Q Avenue. Regarding the SE comer parcel, staff contacted Mr. Armando Enriquez from Thrifty Oil (property owner) who indicated that Thrifty was still interested in developing an upgraded service station and convenience store on their property. However, Mr. Enriquez indicated that Thrifty was unsure on the timing of their proposal. Mr. Enriquez also informed staff that Thrifty was interested in securing additional commercial space for their use. Staff replied that the Board directed Palm Plaza to provide additional commercial space for the adjacent mixed use project, and that the project could present an opportunity for Thrifty to acquire or lease the commercial space from Palm Plaza. Since then, representatives from Thrifty and Palm Plaza have initiated discussions regarding this development opportunity. Regarding public access and circulation via Q Avenue, a requirement from the original agreement between the CDC and Southern Cal Housing (nearly 6-8 years ago) for rehabilitation of the Paseo del Sol Apartments, was to gate the apartment complex, and convert Q Avenue into a private street. Work for this requirement has been put on hold as a result of ongoing litigation between Copper Hills Apartments Limited Partnership (current operator) and the adjacent homeowner Ms. Alma Loscano. Apparently, Copper and Ms. Loscano reached an agreement in 2001 to sell most of Ms. Loscano's east facing back yard to Copper in exchange for certain improvements to her property. By acquiring Ms. Loscano's property, Copper could gate the apartment complex, and convert Q Avenue into a private street. However, disagreements concerning the costs of improvements have resulted in a protracted litigation process that is still ongoing today. Once the litigation is settled, Copper plans to re -initiate the process to gate the apartment complex, and convert Q Avenue into a private street. Tonight's CDC action is to consider a Design Concept Plan for the CDC parcel located 1640 East Plaza Boulevard. Considering a Concept Plan is not a pre -commitment from the CDC to execute a DDA, provide assistance, or approve any land use regulation governing the subject parcel. Environmental studies for a project shall be initiated once a Concept Plan is approved by the CDC, and land use applications are submitted to the City for consideration. PALM PLAZA - OCTOBER 31, 2006 PROJECT DESCRIPTION SITE OVERVIEW Palm Plaza is located in the Redevelopment District of National City, California. The site con- sists of a total of 2.77 acres and three separate vacant parcels. The following two parcels are owned by Palm Plaza Associates, LLC and comprise 1.7 acres (74,052 square feet) of the pro- ject area: Parcel 1: APN: 557- 410- 21 Parcel 2: APN: 557- 410- 23 The third parcel (ANP: 557.410- 20) is owned by the Community Development Commission (CDC) of National City in which Palm Plaza Associates, LLC has an Exclusive Negotiation Agreement (ENA). This site is 1 .07 acres (46,609.20 square feet) and is contiguous to the pri- vately owned parcels. The project is located at the corner of East Plaza Boulevard and Palm Avenue. The surround- ing area consists of several newly completed residential projects, as well as a few that are in the planning stages. The project is found in close proximity to I- 805 and I- 5, two major freeways of San Diego. It is nearby the neighboring city of Chula Vista and is a short drive north to the Downtown San Diego. DEVELOPMENT INFORMATION The subject project encompasses 45 townhomes and retail. The front project area will have the retail and its necessary surface parking. Each townhome includes two parking spaces on the first level and a private backyard. Landscaping is to provide privacy to the residential portion allowing a pleasant ambiance. PALM PLAZA - OCTOBER 31, 2006 UNIT MIX Type of Unit # of Units Gross SF T Gross SF Townhomes—Three Bedrooms 45 1,500. 67,500 Retail 1 3,750 3,750 Total 46 71,250 PARKING COUNT Type of Unit # of Parking Spaces Townhomes--Three Bedrooms 90 Retail 15 Guests 6 Total Spaces: 111 Note: All data Is approximate. Legend A Commercial Building B Commercial Parking C Ramped Residential Driveway D Typical 3-Story Townhome E Plaza F Garden/Court G Guest Parking Building Summary 45 Townhomes 3,750 SF Commercial Building Parking 2 Spaces/Townhome: 90 Spaces Guest Spaces: 6 Spaces 1 Space/250 SF Com'I.: 15 Spaces Site Plan Alt. A2 e 0 Palm & Plaza Mixed Use NATIONAL C I T Y, CALIFORNIA Palm Avenue OCTOBER 10, 2006 i 25 50 100 C STU010 E N O R T H • R c e�� t c r s ICI% 4 t'� Iiii, -1114 I[„lie ® n 1 Typical Palm & Plaza Mixed Use NATIONAL C I T Y, CALIFORNIA Townhome Elevation JUNE 28, 2006 NO SCALE M or RIGOUT r Level One Palm & Plaza Mixed Use NATIONAL C 1 T Y, CALIF OR NIA L'un Level Two Level Three SLUM E IDNk ?1.?OO. ., .. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 21, 2006- AGENDA ITEM NO. 42 ITEM TITLE Approving an Exclusive Negotiation Agreement with Home Depot USA, Inc. and Pacific Steel, Inc. and authorizing the Chairman to execute the Agreement. PREPARED BY ca' DEPARTMENT Patricia Beard Community Development Commission Redevelopment Manager EXPLANATION Home Depot USA, Inc. ("Home Depot") and Pacific Steel, Inc. ("PSI") have signed a Letter of Intent and have approached the Community Development Commission ("CDC") requesting to explore a joint redevelopment project on properties owned by PSI, BNSF Railway Company, Patricia H. Rhodes Trust, Anthony L. Bedford and Leif Trust, and Alamo Drive Limited Partners on the west side of Cleveland Avenue between Civic Center Drive and 18th Street. The attached Exclusive Negotiation Agreement ("ENA") would provide a period of six months (180 days) in which to study the feasibility and desirability of such a project. All affected property owners have been contacted and been made aware of this proposal prior to the ENA being brought for consideration. (Please see \ attached Background Report for further information.) / Environmental Review The ENA is exempt from the California Environmental Quality Act ("CEQA"). Financial Statement The developers will deposit $25,000 to pay for costs associated with the ENA. Account No STAFF RECOMMENDATION Approve the ENA. BOARD / COMMISSION RECOMMENDATION Not applicable. I ATTACHMENTS 1. Background Report 2. Aerial photo of development site 3. Proposed ENA 4. Letter of Intent between Home Depot and PSI Resolution No. 5. Property owner contact letter A-200 (9/80) J RESOLUTION NO. 2006 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT WITH HOME DEPOT U.S.A., INC. AND PACIFIC STEEL, INC. FOR PARCELS CONSISTING OF APPROXIMATELY 15 ACRES ON CLEVELAND AVENUE IN NATIONAL CITY'S REDEVELOPMENT PROJECT AREA WHEREAS, the Home Depot U.S.A., Inc. and Pacific Steel, Inc. have signed a Letter of Intent to cooperatively work on plans for a redevelopment project on properties owned and leased by Pacific Steel, Inc. as well as other adjacent properties; and WHEREAS, the Home Depot U.S.A., Inc. and Pacific Steel, Inc. have requested an Exclusive Negotiation Agreement with the Community Development Commission to set aside a 180 day period in which to attempt to plan such a project; and WHEREAS, if feasible the proposed redevelopment project will benefit the Redevelopment Project Area and help to increase the fiscal sustainability of both the Community Development Commission and the City of National City. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Exclusive Negotiation Agreement with Home Depot U.S.A.., Inc. and Pacific Steel, Inc. for Parcels on Cleveland Avenue (APN 559-051-09, 11, 12, 559-056-03, 559-071-04, 559-076-01, 02, 09, 10, 559-076-06, 559-076-03, 559-040-46, 47, 48, 52, 559-010-04, 559-051-04, 08, 10, 559-076-11, 559-076-04, and 05) in the National City Redevelopment Project area. PASSED AND ADOPTED this 21 st day of November, 2006. Nick Inzunza, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT The Home Depot and PSI jointly approached CDC staff with a request to redevelop properties on the west side of Cleveland Avenue between Civic Center Drive and 18th Street. The assessors parcel numbers included in the proposed development footprint include 559-051-09, 11, 12, 559- 056-03, 559-071-04, 559-076-01, 02, 09, 10, 559-076-06, 559-076-03, 559-040-46, 47, 48, 52, 559- 010-04, 559-051-04, 08, 10, 559-076-11, 559-076-04, and 05 consisting of approximately 15 acres in National City's redevelopment project area. The conceptual project includes a Home Depot retail outlet larger than 100,000 square feet plus a 35,000 square foot garden center, a separate detached retail outlet of about 5,000 square feet at the corner of Civic Center Drive and Cleveland Avenue, a separate detached mixed use office building at the comer of 18th Street and Cleveland Avenue and the redevelopment of PSI on about 2.6 acres off of 18th Street, abutting the BNSF railroad tracks. Staff is bringing the request for consideration due to the following likely benefits of such a project to the National City community: V Environmental remediation of a property long contaminated with hazardous materials ✓ City sales tax revenue estimated at $1 1 million annually ✓ Estimated tax increment revenue of $99,810 annually ($19,362 set aside for development of low and moderate income housing). ✓ Creation of approximately 234 jobs paying an average of $15.35 per hour including medical, dental and retirement benefits ✓ Beautification of the Harbor District area of the National City redevelopment project area This proposal came to staff as a result of a Letter of Intent (attached) signed between PSI and Home Depot. PSI owns or leases most of the property under consideration for the project. The CDC adopted a Resolution of Necessity to acquire certain parcels (APN#s 559-040-46, 47, 48, 52) from the BNSF Railway and leased by PSI on June 14, 2005 and has been cooperatively negotiating to acquire these parcels from the railroad ever since. Also on June 14, 2005, the CDC approved an Agreement. Concerning Date of Valuation with PSI, preserving a purchase price on the PSI parcels in anticipation of a possible future acquisition. Now PSI and Home Depot are requesting the CDC to consider their proposal instead of acquiring the property for redevelopment by the CDC or another private entity. Properties not under the control of PSI and requested to be included in this ENA include parcels owned by Patricia H. Rhodes Trust, BNSF Railway, Anthony L. Bedford and Leif Trust, and Alamo Drive Limited Partnership. These parties have been contacted either by the CDC or Home Depot prior to the ENA being brought for consideration. If approved the ENA would allow six months (180 days) for due diligence and project discussions, which might lead to an Owner Participation Agreement with PSI and a Development and Disposition Agreement with Home Depot. Approval of the ENA does not pre -commit the CDC to a specific project, project footprint, or to any future arrangement with the developers. However it does commit the CDC to exclusive discussions about redevelopment of these properties for the next six months. Note: This ENA will not preclude analysis in the Request for Proposals related to an Industrial Park for relocation of potential non -conforming uses within the Westside Specific Planning area. The RFP is non -site specific and is limited to consultant analysis. 1 Attachment 3 EXCLUSIVE NEGOTIATION AGREEMENT By and Between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY And HOME DEPOT U.S.A., INC. And PACIFIC STEEL, INC.. THIS EXCLUSIVE NEGOTIATION AGREEMENT (hereafter referred to as "AGREEMENT") is entered into this 21st day of November, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), and HOME DEPOT U.S.A., INC., a Delaware Corporation and PACIFIC STEEL, INC., a California corporation (hereafter collectively referred to as "DEVELOPERS"), on the terms and provisions set forth below. RECITALS WHEREAS, the DEVELOPERS own or have a Letter of Intent to mutually plan and develop certain real properties owned by PACIFIC STEEL, INC. (Assessor Parcel Numbers 559- 051-09, 11, 12, 559-056-03, 559-071-04, 559-076-01, 02, 09, 10, 559-076-06, 559-076-03) located on the west side of Cleveland Avenue north of 18th Street (hereafter referred to as "PSI SITE"); and WHEREAS, on June 14, 2005, the Community Development Commission ("CDC") adopted a Resolution of Necessity to acquire real property by eminent domain for redevelopment purposes (Assessor Parcel Numbers 559-040-46, 47, 48, 52) owned by BNSF railroad adjacent to the PSI SITE (hereafter referred to as "BNSF SITE"); and WHEREAS, the DEVELOPERS are interested in purchasing the BNSF SITE from the CDC and combining it with the PSI SITE and to assemble parcels (Assessor Parcel Numbers 559-010-04, 559-051-04, 08, 10 owned by the Patricia H. Rhodes Trust, 559-040-47, 48 owned by BNSF railroad, 559-076-11 owned by Anthony L. Bedford Trust and Leif Trust, 559-076-04, 05 owned by Alamo Drive Limited Partners (hereafter referred to as "OTHER PROPERTIES") to develop a mixed -use commercial - industrial development upon it, anchored by The Home Depot retail store with the continued operation of PSI (hereafter referred to as "PROJECT"); and WHEREAS, the CDC and the DEVELOPERS desire to enter into this AGREEMENT to initiate exclusive negotiations for up to one hundred and eighty (180) days (hereafter referred to as "EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPERS to (i) undertake due diligence activities regarding the PROJECT; (ii) design the PROJECT; (iii) establish the ENA Home Depot and PSI 10/31 /2006 SD\558383.5 3 responsibilities, schedule, and financial parameters for developing the PROJECT; (iv) negotiate the purchase price of the BNSF SITE; (v) assemble OTHER PROPERTIES; and (vi) negotiate a Disposition and Development Agreement (hereafter referred to as "DDA"). NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: I. SITE The BNSF SITE, PSI SITE, and OTHER PROPERTIES are collectively referred to hereafter as the "SITE" and constitute the real property that is the subject of this AGREEMENT. The SITE is Assessor Parcel Numbers 559-051-09, 11, 12, 559-056-03, 559-071-04, 559-076-01, 02, 09, 10, 559-076-06, 559-076-03, 559-040-46, 47, 48, 52, 559-010-04, 559-051-04, 08, 10, 559-076-11, 559-076-04, 05, consisting of approximately 15 acres in National City, California, located on the west side of Cleveland Avenue from Civic Center Drive to 18th Street, bordered on the west side by the BNSF railroad tracks. The exact square footage of the SITE will be determined during the SITE planning activities outlined below. II. EXCLUSIVE NEGOTIATION PERIOD A. Exclusive Negotiation Period The EXCLUSIVE NEGOTIATION PERIOD begins when the CDC executes this AGREEMENT (hereafter referred to as "COMMENCEMENT DATE") and shall last for one hundred and eighty (180) days thereafter. B. First Negotiation Period During the first ninety (90) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "FIRST NEGOTIATION PERIOD"), the DEVELOPERS and CDC shall meet regularly, in good faith, and jointly formulate a plan to develop the PROJECT (hereafter referred to as "DEVELOPMENT PROGRAM"). The Development Program shall include and delineate the following elements: 1. The type and scope of the PROJECT; 2. The interface of a phased development with the complete build out of the SITE; 3 Required on and off -site infrastructure improvements; 4. Project, infrastructure, and state and local regulatory requirement costs; 5. Funding responsibilities and sources for the PROJECT; 2 ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD1558383.5 6. The parties/entities responsible for the various Project development activities; and 7. A detailed PROJECT development schedule. C. Due Diligence Also, during the FIRST NEGOTIATION PERIOD, the CDC and DEVELOPERS, as applicable, shall conduct their respective due diligence activities, including but not limited to: 1. DEVELOPERS' timely delivery and submission to the CDC of sufficient evidence that the DEVELOPERS are fmancially viable and have the required equity and financing to complete SITE development. 2. DEVELOPERS' timely review of preliminary ' title report information prepared for the SITE. 3. DEVELOPERS' timely investigation of the SITE. In conjunction therewith, and subject to the DEVELOPERS receiving all prior governmental approvals and agreeing to all conditions of such approvals, DEVELOPERS and their consultants and agents shall have the right to enter upon the SITE to conduct tests, studies, and investigations pursuant to an Early Entry Agreement, the form of which is attached hereto and incorporated herein as Exhibit 1; and 4. DEVELOPERS' timely submission of the DEVELOPMENT PROGRAM to the CDC for review and comment. D. Design Concept Plan Submission/Entitlements/Environmental Review By the end of the FIRST NEGOTIATION PERIOD, DEVELOPERS shall submit their Design Concept Plan for the PROJECT, including a Site Plan, Floor Plans, Exterior Elevations and Project Description and elevations, for review and consideration of acceptance by the Board of Directors of the CDC (hereafter referred to as "CDC BOARD"). Upon the acceptance of the Design Concept Plan by the CDC BOARD, the DEVELOPERS shall prepare and process with the City any necessary land use entitlements, environmental studies and reports. E. DDA Following Design Concept Plan acceptance by the CDC BOARD, and the close of the FIRST NEGOTIATION PERIOD, the CDC agrees to negotiate exclusively with the DEVELOPERS for the remaining ninety (90) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "SECOND NEGOTIATION PERIOD") in order to negotiate and attempt to finalize the DDA. 3 ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 5 lf, at the close of the SECOND NEGOTIATION PERIOD, the CDC and DEVELOPERS have not agreed to the terms of the DDA, this AGREEMENT shall automatically terminate. Notwithstanding the above, the DEVELOPERS or the CDC's Executive Director in his sole discretion, may extend the Negotiation Period for up to an additional one hundred and eighty (180) days to complete DDA negotiations, the land use entitlements and the environmental studies, if the CDC's Executive Director determines additional time is reasonably required. F. Execution of DDA After the DEVELOPERS and the CDC agree upon the DDA, the EXCLUSIVE NEGOTIATION PERIOD may be extended for up to an additional ninety (90) days at the discretion of the CDC's Executive Director, or its acting Director (hereafter referred to as "THIRD NEGOTIATION PERIOD") in order to enable the CDC and the City to: 1. Notice and conduct a public hearing pursuant to Section 33433 of the California Health and Safety Code on the DDA; and 2. Process Site development, environmental and entitlement applications through the City's Planning Commission and City Council. The CDC agrees that during the. EXCLUSIVE NEGOTIATION PERIOD, and during all of its extensions, the CDC shall not negotiate or enter into an agreement with any other person or entity regarding development of the SITE with the exception of continuing negotiations with BNSF related to SITE acquisition and the California Department of Toxic Substances Control related to hazardous materials conditions at the SITE unless it is with the expressed consent of DEVELOPERS. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and in such communication to follow reasonable negotiation procedures, including meetings, telephone conversations, and correspondence. The parties understand that final accord on all issues may not be reached. It is also understood that, (1) neither party is under any obligation to reach agreement on the SITE purchase price and/or DDA, and (2) the CDC reserves the right to approve or reject a DDA, the PROJECT, or any disposition of the SITE, in its sole discretion, as more particularly set forth in Part IV of this AGREEMENT. G. CDC and DEVELOPERS Obligations During the EXCLUSIVE NEGOTIATION PERIOD, the CDC and DEVELOPERS obligations shall include, but not be limited to, the following: 1. CDC Obligations a. Provide the DEVELOPERS with documents in the CDC's possession that would assist the DEVELOPERS with the 4 ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 due diligence activities described in this AGREEMENT; and b. Upon acceptance of the DEVELOPMENT PROGRAM and verification of DEVELOPERS financial commitments to both purchase and develop the PROJECT, prepare a first draft of a DDA. 2. DEVELOPERS' Obligations a. Use its best efforts to investigate the SITE; b. Submit site plans, elevations, schematic drawings, detailed PROJECT development costs, PROJECT pro formas for SITE improvements, as well as a pro forma summarizing the total PROJECT and respective returns and other documents necessary for CDC and City review; and c. Submit proof of adequate funding or funding commitments for the PROJECT. III. DEVELOPERS' DEPOSIT Upon the approval of this AGREEMENT by the CDC BOARD, the DEVELOPERS shall deposit with the CDC Twenty Five Thousand Dollars ($25,000) (hereafter referred to as "DEVELOPERS' DEPOSIT"), in the form of a cashier's or certified check, or wire transfer, payable to the CDC. The CDC agrees to hold the DEVELOPERS' DEPOSIT in the CDC's account and make disbursements therefrom only pursuant to the terms and provisions of this AGREEMENT. DEVELOPERS agrees that the CDC may use the DEVELOPERS' DEPOSIT to reimburse itself for reasonable and actual attorneys' fees, consultant fees, appraisal fees, title reports, and any other related fees (excluding CDC staff costs) and costs (hereafter referred to as "DDA NEGOTIATION COSTS") incurred by the CDC in (i) negotiating and preparing this AGREEMENT, (ii) reviewing any documents submitted in furtherance of this AGREEMENT and/or DEVELOPERS' proposal to develop the PROJECT, (iii) any negotiations relating to the DDA and any related documents, and (iv) drafting the DDA or any other related documents. CDC shall submit to DEVELOPERS invoices reasonably detailing DDA NEGOTIATION COSTS CDC has incurred at the time it submits a reimbursement notice to the DEVELOPERS. CDC shall be free to withdraw funds from the DEVELOPERS' DEPOSIT, as needed, provided that it has submitted such invoices to the DEVELOPERS. The full $25,000 DEVELOPERS' DEPOSIT, without deduction of the DDA NEGOTIATION COSTS, shall be refundable to DEVELOPERS if there is a material default by the CDC of its obligations pursuant to this AGREEMENT. The $25,000 DEVELOPERS' DEPOSIT, less the DDA NEGOTIATION COSTS incurred to date (hereafter referred to as "BALANCE OF ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 5 .7 DEVELOPERS' DEPOSIT"), if any, shall be refundable to DEVELOPERS in the event this AGREEMENT is terminated prior to or at the conclusion of the EXCLUSIVE NEGOTIATION PERIOD and prior to the execution of the DDA. In the event the DDA is fully executed and approved by all requisite action, the BALANCE OF DEVELOPERS' DEPOSIT, if any, shall be applied to the DEVELOPERS' purchase price for the SITE if the parties consummate the proposed transaction. IV. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DDA; NO PRE -COMMITMENT It is anticipated that the PROJECT and the DDA providing for its implementation will be presented to the CDC BOARD for approval. The parties understand that the CDC is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: A. Approval by the CDC of the Final PROJECT as Contained in the DDA The parties understand that the CDC has the complete and unfettered discretion to reject the DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the DEVELOPERS prior to DDA approval and execution shall be absorbed entirely by DEVELOPERS. B. Review and Approval by the CDC of all Discretionary Findings and Conclusions The duty of the CDC to dispose of the parcel comprising the SITE shall be conditioned upon the successful review and approval of all necessary findings and conclusionswhich the CDC BOARD is required to make, including all necessary findings and determinations required under CEQA, state and local land use provisions, and the California Community Redevelopment Law. As to any matter which the CDC may be required to exercise its unfettered discretion in advancing the PROJECT to completion, neither anything contained herein, nor to be contained in the DDA shall obligate the CDC to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CDC duties under this AGREEMENT. C. No Pre -Commitment by the CDC By its execution of this AGREEMENT, the CDC is not committing itself to or agreeing to undertake any activity requiring the subsequent exercise of discretion by the CDC, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the SITE; the provision of any financial assistance for the development of any public or private interest in real property; the acquisition of real property or other property interest; or any other such activity. 6 ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 This AGREEMENT does not constitute a disposition of property or exercise of control over property by the CDC and does not require a public hearing. CDC execution of this AGREEMENT is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the CDC as to any proposed DDA and all proceedings and decisions in connection therewith. V. THE DEVELOPERS A. Developers' Experience As a condition precedent to the CDC's execution of this AGREEMENT, DEVELOPERS shall have submitted to the CDC a detailed description of the development experience of the DEVELOPERS and its principals, associates, employees, partners, and joint ventures. B. Offices of the Developers The principal offices of HOME DEPOT are located at: 2455 Paces Ferry Road Atlanta, GA 30339 The principal offices of PACIFIC STEEL, INC. are located at: 1700 Cleveland Ave. National City, CA 91950 The Project Manager for the DEVELOPERS will be: John Ziebarth of ZIEBARTH AND ASSOCIATES on behalf of HOME DEPOT and Marisela Martinez of PACIFIC STEEL, INC. Other prime developers, employees, consultants, or representatives who are proposed to be directly involved in the Project will be determined by DEVELOPERS and submitted to the CDC upon any such determination. C. Full Disclosure ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 7 The DEVELOPERS shall maintain full disclosure to the CDC of its principals, officers, stockholders, partners, joint ventures, and all other pertinent information concerning the DEVELOPERS that is related to the PROJECT. D. Assignment The DEVELOPERS, without prior written approval of the CDC, may not assign this AGREEMENT. The CDC agrees that, notwithstanding the foregoing, the DEVELOPERS may assign their rights under this AGREEMENT to a corporation, trust, or partnership of which the DEVELOPERS own the majority beneficial interest and operational control. E. Progress Reports The DEVELOPERS agree to provide written reports advising the CDC on progress and/or problems with the proposed development of the PROJECT every thirty (30) days during the term of the AGREEMENT. VI. ENVIRONMENTAL REQUIREMENTS The DEVELOPERS shall prepare all necessary environmental documents as required by the California Environmental Quality Act (Public Resources Code Section 21,000 et seq.) and local regulations, for certification by the City. The DEVELOPERS agree to cooperate with the City and the CDC, as requested, to help determine the environmental impact of the proposed development and to prepare any other additional documents as may be needed to complete environmental review for the development of the PROJECT on the SITE; provided, however, that the CDC and the City shall not incur costs or expenses in connection therewith nor will CDC or City reimburse the DEVELOPERS for costs incurred related to preparing these materials. VII. REAL ESTATE COMMISSIONS The CDC has not engaged a broker, agent, or finder in connection with this transaction. As such, the CDC will not be responsible for any claims by a broker, agent or finder, and the DEVELOPERS agree to defend, indemnify, protect and hold the CDC harmless from any claim by any broker, agent, or finder retained by the DEVELOPERS. VIII. GENERAL PROVISIONS A. Legal Actions 1. Institution of Legal Actions In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover actual damages for any default, or to obtain any other remedy consistent with the purposes of this AGREEMENT; provided, however, that Paragraph C of this Part VIII shall supersede anyconflicting provisions of this Paragraph A.I. Such legal actions 8 ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 is ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 must be instituted and maintained in the Superior Court of the County of San Diego, State of California, or in any other appropriate court in that county. 2. Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this. AGREEMENT. 3. Acceptance of Service of Process In the event that any legal action is commenced by the DEVELOPERS against the CDC, service of process on the CDC shall be made by personal service upon the Executive Director or Secretary of the CDC, or in -such other manner as may be provided by law. In the event that any legal action is commenced by the CDC against the DEVELOPERS, service of process on the DEVELOPERS shall be made by personal service upon any corporate officer or designated agent for service of process of the Developers, or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. B. Rights and Remedies are Cumulative Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Ply. C. Specific Performance as Developers' Exclusive Remedy Subject to the DEVELOPERS' right to terminate this AGREEMENT in accordance with the terms of Paragraph E of this Part VIII, the DEVELOPERS' exclusive remedy for an uncured CDC default under this AGREEMENT is to institute an action for specific performance of the terms of this AGREEMENT, and in no event shall the DEVELOPERS have the right, and the DEVELOPERS expressly waive the right, to seek monetary damages of any kind (including but not limited to actual damages, economic damages, consequential damages, or lost profits) from the CDC in the event of a default by the CDC under this AGREEMENT or any action related to this AGREEMENT. Notwithstanding the foregoing, the DEVELOPERS shall retain the right to seek a writ of mandate in the event of any final denial by the CDC of any CDC permit or approval pertaining to the PROJECT. D. Attorney's Fees If either party to this AGREEMENT is required to initiate or defend litigation in any way connected with this AGREEMENT, the prevailing party in such litigation in addition to any other relief which may be granted, whether legal or equitable, shall be 9 entitled to its actual and reasonable attorney's fees. If either party to this AGREEMENT is required to initiate or defend litigation with a third party because of the violation of any terms or provision of this AGREEMENT by the other party, then the party so litigating shall be entitled to its actual and reasonable attorney's fees from the other party to this AGREEMENT. As used herein, the term "attorney's fees" shall include attorney's fees incurred related to the foregoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, retaining expert witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The parties hereto acknowledge and agree that each such party shall bear its own legal costs incurred in connection with the negotiation, approval, and execution of this AGREEMENT. E. Termination Rights Notwithstanding the nominal EXCLUSIVE NEGOTIATION PERIOD hereinabove set forth, either party may terminate this AGREEMENT if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. If such default is not cured within the thirty (30) days, the termination shall be deemed effective. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party shall also have the right to terminate this AGREEMENT in the event that (a) the CDC or the DEVELOPERS determine that the PROJECT is infeasible, based on financial or environmental impact considerations, or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts; or (c) the DEVELOPERS terminate the Letter of Intent between them related to development of this PROJECT for any reason. Upon such a termination, the CDC shall return the BALANCE OF DEVELOPER'S DEPOSIT, if any, to the DEVELOPERS', in care of their Managing Partner. F. Indemnity The DEVELOPERS shall indemnify, protect defend and hold harmless the CDC and the City and the CDC's and the City's respective elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this AGREEMENT, or any and all losses, liabilities, damages, claims or costs (including attorneys' fees) arising from DEVELOPERS' negligent acts, errors, or omissions with respect to its obligations hereunder or the SITE, excluding any such losses arising from the sole negligence or sole willful misconduct of the CDC or the conduct of third parties outside the control of the DEVELOPERS. This indemnity obligation shall survive the termination of this AGREEMENT. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this AGREEMENT, 10 ENA FOR THE HOME DEPOT/PSI 10/31 /2006 SD\558383.5 19- DEVELOPERS shall have the option to terminate this AGREEMENT in lieu of its indemnity obligation. G. Notices Demand and Communications Between the Parties Formal notices, demands, and communications between CDC and DEVELOPERS shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) or by mailing in the United States mail, certified. mail, postage prepaid, return receipt requested, addressed to: To CDC: With copy to: To Developer: To Developer: With copy to: ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 11 Community Development Commission 1243 National City Boulevard National City, CA 91950 Attn: Brad Raulston Foley & Lardner LLP 402 West Broadway, Suite 2300 San Diego, CA 92101 Attn: Richard L. Moskitis, Esq. Home Depot USA Inc. 3800 West Chapman Avenue Orange, CA 92868 Attn: Ann Jerhoff, Director -Legal The Home Depot USA Inc. 3800 West Chapman Avenue Orange, CA 92868 Attn: George Ray, Real Estate Division Pacific Steel, Inc. 1700 Cleveland Avenue National City, CA 91950 Attn: Marisela Martinez Latham and Watkins 600 West Broadway Suite 1800 San Diego, CA 92101 Attn: Allen Haynie Attn: Clifton Williams With copy to: The Nagle Law Group 4530 East Shea Boulevard, Suite 140 Phoenix, AZ 85028 Attn: Veena Beglinger With copy to: Law Firm of Richard D. McDonald 4350 La Jolla Village Drive, Suite 150 San Diego, CA 92122 Attn: Richard McDonald Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail. H. Nonliability of City and CDC Officials and Employees No member, official, employee, or contractor of the City or the CDC shall be personally liable to the DEVELOPERS in the event of any default or breach by the CDC or for any amount, which may become due to the DEVELOPERS or on any obligations under the terms of the AGREEMENT. I. Interpretation The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction which might otherwise apply. The Part and Paragraph headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this AGREEMENT. J. Entire Agreement, Waivers, and Amendments This AGREEMENT integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this AGREEMENT must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of CDC and DEVELOPERS. K. Counterparts 12 ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 This AGREEMENT may be executed in counterparts, each of which, after all the parties hereto have signed this AGREEMENT, shall be deemed to be original, and such counterparts shall constitute one and the same instrument. L. Successors This AGREEMENT shall be binding upon and shall inure to the benefit of the permitted successors of each of the parties hereto. M. Further Assurances The parties hereto each agree, without further consideration, to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the transaction set forth in and contemplated by this AGREEMENT. N. Severability In the event any section or portion of this AGREEMENT shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this AGREEMENT. O. Time is of the Essence Time is of the essence for each of the DEVELOPERS' obligations under this AGREEMENT. P. Confidentiality The DEVELOPERS acknowledge and agree that the CDC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by the DEVELOPERS to the CDC with respect to the SITE, the PROJECT or the DEVELOPERS may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that the DEVELOPERS reasonably deem and identify in writing as proprietary and confidential in nature, the CDC agrees to exercise its best efforts to keep such information confidential. 13 ENA FOR THE HOME DEPOT/PSI 10/31/2006 SD\558383.5 /s EARLY ENTRY AGREEMENT THIS EARLY ENTRY AGREEMENT (the "Agreement") is made and entered into effective as of the day of , 2006, by and between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("The CDC"), and HOME DEPOT U.S.A., INC. a Delaware Corporation and PACIFIC STEEL, INC., a California corporation (hereafter collectively referred to as "DEVELOPER"). RECITALS A. The CDC and the Developer have entered into an Exclusive Right to Negotiate Agreement, dated as of , 2006, for the negotiation of a disposition and development agreement with respect to certain real property in the City of National City know as Assessor Parcels No. (the "Property"). B. The Developer desires to perform certain predevelopment work consisting of certain tests, studies, and analyses necessary to evaluate the condition of the Property (the "Predevelopment Work"). C. The CDC wishes to accommodate the Developer's desire to commence the Predevelopment Work on the Property by granting a right of entry to Developer upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Developer and CDC hereby agree as follows: AGREEMENT 1. Right of Entry. Provided that all of the terms and conditions of this Agreement are fully satisfied, the CDC hereby grants to Developer and its employees, agents and contractors the nonexclusive right to enter upon the Property to perform the Predevelopment Work, and for no other purposes without the prior written approval of the CDC's Executive Director or his designee. This agreement shall automatically terminate and expire one hundred and twenty (120) days from the date of this Agreement. The term of this Agreement may be extended at the sole and absolute discretion of the CDC Executive Director or his designee for an additional period not to exceed thirty (30) days. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other interest in the Property to the Developer. 2. Agreement. By execution of this Agreement, Developer agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: the Property. a. The Developer will not permit any dangerous condition to be created on Exhibit 1 - 4 /6 b. That all acts and things done by Developer on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. c. That Developer enters the Property entirely at its own cost, risk and expense. d. That prior to the Developer's entry upon the Property and during the period of this Agreement, there shall be in effect and shall provide satisfactory evidence to the CDC of the following: a. Workers' Compensation insurance as required by law. b. Commercial general liability insurance written on an occurrence basis, with a combined single limit of at least One Million dollars ($1,000,000) consisting of both bodily injury and property damage coverage; and c. Automobile liability insurance, including liability for all owned, hired and non -owned vehicles, with minimum limits of One Million Dollars($1,000,000) for bodily injury per person, One Million Dollars ($1,000,000) property damage and One Million Dollars ($1,000,000) combined single limit per occurrence. d. CDC of National City shall be named as an additional insured under the commercial general liability policy e. That Developer shall not permit any mechanics', material men's or other liens of any kind or nature("Liens") to be filed or enforced against the Property in connection with the Predevelopment Work. Developer shall indemnify, defend and hold harmless CDC from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. CDC reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices. of non -responsibility or other notice as may be desirable to protect CDC against liability. In addition to, and not a s a limitation of CDC's other rights and remedies under this Agreement, should the Developer fail, within ten (10) days of written request from CDC, either to discharge any Lien or to bond for any Lien, or defend, indemnify, and hold harmless CDC from and against any loss, damage, injury, liability or claim arising out of a Lien, then CDC at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to CDC by the Developer upon written demand. f. That Developer shall not have any interest in the Property or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to this Agreement. Developer shall, at the written request of the CDC, leave the Property in a condition that does not create an unreasonable risk of harm to the public. Exhibit 2 - 4 g. The Developer shall take all necessary precautions to prevent the import and/or release into the environment of any hazardous materials, which are imported to, in, on or under the Property during the performance of the Predevelopment Work. If hazardous materials are imported onto the Property as a result of the performance of the Predevelopment Work, the Developer shall be solely responsible for removing such imported hazardous materials in conformance with all Governmental Requirements. The Developer shall report to the CDC, as soon as possible after each incident, any unusual or potentially important incidents with respect to the environmental condition of the Property. 3. Indemnity. Developer hereby agrees to defend, indemnify and hold the CDC and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or attributable to the activities of Developer or any of its employees, agents consultants or contractors upon the Property pursuant to this Agreement. All use of and entry upon Property shall be at the sole cost, risk and expense of the Developer. 4. Miscellaneous. (a) Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California. (b) Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and not one of them shall be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. (c) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. (d) Non -Liability of Public Officials. No officer, employee, member, agent or representative of the CDC shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the CDC, or for any amount which may become due to Developer or its successor, or for any breach of any obligation of the terms of this Agreement. Exhibit 3 - 4 /J7 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. CDC: COMMUITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: DEVELOPER: , Chairman HOME DEPOT U.S.A., INC., a Delaware Corporation and PACIFIC STEEL, INC, a California Corporation By: HOME DEPOT U.S.A., INC., a Delaware Corporation By: Its: By: PACIFIC STEEL, INC., a California Corporation By: Its: Exhibit 4 - 4 IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this AGREEMENT on the respective dates set forth below. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY HOME DEPOT U.S.A., INC. By: By: Nick Inzunza, Chairman Ann e off Dirac, • - Legal Dated: Dated: ATTEST: By: Dated: By: PACIFIC STEEL, INC. Chris Zapata, Secretary Dated: By: APPROVED AS TO FORM: Fernando Solorzano, President By: George Eiser, III CDC Counsel Dated: ENA FOR THE HOME DEPOT/PSI 10/27/2006 SD\558383.5 Dated: By D ated: 14 NOV-03-2006 10:04 FROM- T-916 P.002/003 F-954 INCUMBENCY/SECRETARIAL CERTIFICATE The undersigned Assistant Secretary of Home Depot U.S.A., Inc., a Delaware corpor3tion (the "Corporation"), hereby certifies: 1. That the resolutions below constitute a true and correct copy of the resolutions contained in the Home Depot U.S.A.. Inc.. Unanimous Written Consent pf the Board of Directors in Lieu of A Special Meeting, effective July 1, 2003, and that these resolutions have not been amended, annulled, rescinded or revoked and remain in full force and effect as of the date hereof. RESOLVED, that the Executive Vice President, Secretary end General Counsel, the Senior Vice President -Real Estate, the Vice President • Real Estate, the Vice President -Real Estate Law, each of the Senior Directors -Real Estate Law, each of the Directors -Real Estate Law, each of the Corporate Counsel -Real Estate Law, and each of them acting alone or together, or their duly delegated designee, are hereby authorized and directed, in the name of the Corporation, to take such steps as are necessary or desirable to effect the Corporation's policy of expansion and maintenance of its properties including, but not limited to, the acquisition, disposition or financing of real estate. the execution of Leases. Reciprocal Easement Agreement, Development Agreements, Easements, Servitudes, Right of Way, Assignments and any amendments or modifications to the foregoing, or any other instrument required to accomplish the, aforesaid Corporate purposes; and FURTHER RESOLVED, that the Executive Vice President, Secretary and General Counsel, the Senior Vice President -Real Estate, the Vicc President - Real Estate, the Vice President -Real Estate Law, each of the Senior Directors -Real Estate Law, each of the Directors -Real Estate Law, each of the Corporate Counsel -Real Estate Law and each of them acting either alone or together, or their duly delegated designee, are hereby authorized and directed. in the name of the Corporation, to take, or cause to be taken, any and all actions and to execute and deliver any and all such other contracts. assignments, casements, conveyances, deeds, leases.. subleases, agreements, certificates. instruments or any other documents as such individual or delegated designee may consider necessary or desirable to carry out the foregoing resolution and the transactions contemplated thereby; and FURTHER RESOLVED, that these resolutions hereby revoke and supersede any other resolutions that heretofore granted the delegation of corporate authority to execute and deliver real estate documents by and on behalf of the Corporation. OAREALESTFORMS\Co porate lncwnbency Secretarial Cett March 2006.doc NOV-03-2006 10:04 FROM- T-916 P.003/003 F-954 The persons named below were on the date hereof the duly designated and qualified si_natories of the Corporation, as set opposite his or her respective name, and that the signature appearing opposite hi..<or her name. is the genuine facsimile signature of said signatory; Name Title 'nature Michael C. LaFerle Vice President Real Estate Michael T. McGuire Vice President Real Estate Law James J. Scott Senior Director Real Estate Law Jeff A. Israel Senior Director Real Estate Law Ann K. Icrhoff Director Real Estate Law Jacob R. Pritcher, Jr. Director Real Estate Law Cynthia L. Warren Director Real Estate Law Brett D. Soloway tirector Real Estate Law Erika M. Strawn Corporate Counsel - Real Estate Law Thomas K. Anderson Corporate Counsel • Real Estate Law A ?__Lnua&LI,Jh' IN WITNESS WHEREOF, the undersigned has hereunto affixed the seal of the Corporation and set hi .'her ;signature, on this. the / day of c)c2 k n [` _10O12. (CORPORATE SEAL] 'smc: Title: 200n Mar Beth Lamo ee As stant Secretary 02 2- IN WITNESS WHEREOF, AGREEMENT on the respective dates COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Nick Inzunza, Chairman Dated: ATTEST: By: Chris Zapata, Secretary Dated: the CDC and the DEVELOPER have signed this set forth below. APPROVED AS TO FORM: By: George Eiser, III CDC Counsel Dated: ENA FOR THE HOME DEPOT/PSI 10/30/2006 SD\558383.5 HOME DEPOT USA., INC. By: Dated: By: Dated: PACIFIC STEEL, INC. By: Fern ay o Sofrzano, President Dated: Cr Dated: eel AS /.Z ,060 14 Attachmeat 4 3800 West Chapman Avenue, 5tn Floor • Orange, CA 92868 October 20, 2006 Fernando Solorzano President Pacific Steel Inc. (PSI) 1700 Cleveland Ave National City, CA 91950 Direct Dial: 714 940-3604 Fax: 714 940-3579 e-mail: george_ray@homedepot.com Re: Home Depot U.S.A., Inc. - Letter of Intent to Acquire Approximately 14.05 Acres of Real Property Located on Cleveland Avenue, National City, San Diego County, California. Dear Mr. Solorzano: I am willing to recommend a transaction to our management on the general terms described herein. Upon receipt of this Letter of Intent executed by you, I will have our attorney prepare and distribute a draft of a definitive agreement (the "Agreement"), which will provide further details on the following terms (as well as certain additional terms). 1. Recitals. Home Depot U.S.A., Inc. ("Home Depot") desires to acquire from the Redevelopment Agency of the City of National City ("NCRA"), approximately 14.05 acres of real property located on Cleveland Avenue, National City, San Diego County, California (the "Property"), which property is identified on the attached plat map (the "Site Plan"), upon the following general terms and conditions to be more particularly set forth in definitive. agreements to be jointly negotiated by Home Depot, PSI (as herein after defined) and NCRA. The Property includes a portion of the real property owned by Pacific Steel, Inc. ("PSI") and located at 1700 Cleveland Avenue, National City, California (the "PSI Property"), as well as other parcels of real property located adjacent to the PSI Property. The portion of the PSI Property not to be included in the Property to be acquired by Home Depot consists of approximately 2.67 acres and is to be identified in the Agreement (the "PSI Retained Property"). It is the intent of Home Depot and PSI to enter into an exclusive negotiating agreement ("ENA") with NCRA providing a one hundred eighty (180) day period during which NCRA, Home Depot and PSI shall, on an exclusive basis, negotiate in good faith a disposition and development agreement ("DDA") pursuant to which NCRA shall purchase or otherwise acquire the Property, as well as the PSI Retained Property, and thereafter convey the Property to Home Depot and the PSI Retained Property to PSI. .�y Mr. Fernando Solorzano October 20, 2006 Page 2 of 5 2. Terms of DDA. The DDA may contain the following general terms, as well as other terms and provisions, acceptable to the parties (including other terms and conditions related to the PSI Retained Property acceptable to PSI: A. Purchase Price and Earnest Money. The purchase price ("Purchase Price") shall be negotiated, based upon the actual net usable square footage of the Property and the PSI Retained Property, as shown on a survey to be obtained by Home Depot. "Net usable square foot" shall be determined by excluding from the property any rights of way, easements, or other topographical features which are impractical for Home Depot's and PSI's intended use. Within five (5) business days after the effective date of the DDA Agreement (the "DDA Effective Date"), Home Depot will deposit in escrow with the Title Company (hereinafter defined) an earnest money deposit of $50,000.00 (the "Earnest Money"). The Earnest Money shall remain refundable to Home Depot in the event Home Depot terminates the DDA Agreement during the Inspection or Approval Period (hereinafter defined), including any extensions thereof, and will be applicable to the Purchase Price if Closing occurs and otherwise disbursed in accordance with the terms of the Agreement. B. Inspection Period, Approval Period and Title Review Period. (a) Inspection Period. Home Depot shall have one hundred twenty (120) days after the Effective Date (the "Inspection Period") to conduct such examinations, tests, studies and investigations as Home Depot shall deem necessary or desirable with respect to the Property, including, without limitation, boundary, wetland and topographical surveys, soil tests, borings, environmental investigations (including testing for asbestos and other hazardous substances in any improvements on the Property), economic feasibility studies and any other examinations, tests, studies and investigations as Home Depot shall elect to perform. NCRA shall deliver to Home Depot within five (5) days after the DDA Effective Date copies of all due diligence materials in its possession, including without limitation, copies of all title, survey, ad valorem, environmental, geotechnical, permitting and approval and development materials, studies and information. Home Depot shall have the right, at its election, to extend the Inspection Period for two (2) periods of sixty (60) days each by notice to NCRA on or before the Iast day of the Inspection Period or the then current extension thereof, as the case may be, and depositing with the Title Company within five (5) business days after each extension an additional Earnest Money deposit of $50,000.00 per extension, which additional Earnest Money deposit(s) shall be applicable to the Purchase Price if Closing occurs and refundable to Home Depot if Home Depot terminates the Agreement prior to the end of the Inspection/Approval Period. Horne Depot shall have the right, in its sole and absolute discretion, to terminate the Agreement for any reason on or before the expiration of the Inspection Period, whereupon all Earnest Money shall be refunded to Home Depot. (b) Approval Period. Home Depot shall have two hundred forty (240) days after the expiration of the Inspection Period (the "Approval Period") within which to pursue all "Approvals" necessary or desirable to construct, occupy and operate a prototypical Home Depot Home Improvement Store (the "Project") upon terms and conditions acceptable to Home Depot, in its sole and absolute discretion. The "Approvals" shall include, without Mr. Fernando Solorzano October 20, 2006 Page 3 of 5 limitation: (i) rezoning and variances necessary to permit the construction and operation of the Project at Home Depot's sole cost and expense, (ii) platting of the Property, if necessary, at Horne Depot's sole cost and expense; (iii) all permits (including, without limitation, building permits), licenses, variances, easements, land plan or land use amendments and approvals necessary for the construction and operation of the Project. All Approvals shall be validly and irrevocably granted without qualification, except such qualification as shall be acceptable to Home Depot in its sole discretion, and no longer subject to appeal. NCRA will at all times fully cooperate with Home Depot's efforts to obtain the Approvals and shall execute all such documentation and take all such action as is reasonably necessary to procure the same. Home Depot may elect to extend the Approval Period for two (2) periods of sixty (60) days each by notice to NCRA on or before the last day of the Approval Period or the then current extension thereof, as the case may be, and depositing with the Title Company within five (5) business days after each extension an additional Earnest Money deposit in the amount of $50,000.00 per extension, which additional Earnest Money deposit(s) shall be applicable to the Purchase Price if CIosing occurs and refundable if Home Depot terminates the Agreement prior to the end of the Approval Period. Home Depot shall have the right to terminate the Agreement at any time during the Approval Period if the Approvals have not been obtained upon the terms and conditions described herein, whereupon all Earnest Money shall be refunded to Home Depot. (c) Title and Survey Review. A commitment for title insurance shall be ordered through and underwritten by a national title insurance company selected by Home Depot (the "Title Company"). The Title Company will be instructed to issue to Home Depot a commitment for title insurance (the "Title Commitment") for the issuance of an owner's policy of title insurance (the "Title Policy"). Home Depot shall have until the close of the Inspection Period to examine a survey of and title to the Property and to notify NCRA of any objectionable matters. NCRA shall have until ten (10) days following receipt of Home Depot's objections to cure the same to the satisfaction of Home Depot or to agree in writing to do so at Closing. In the event NCRA is unable to cure any objections to the satisfaction of Home Depot, Home Depot shall have the right to (i) take title to the Property despite the existence of such matter or (ii) terminate the Agreement in which event all Earnest Money shall be refunded to Home Depot. (d). Closing. (i) Closing. The Closing shall be held within thirty (30) days after the earlier to occur of: (i) the expiration of the Approval Period or (ii) the date Home Depot notifies NCRA in writing that Home Depot desires to waive the remainder of the Approval Period and close. At Closing, NCRA and the City of National City shall convey fee simple title to the Property by general warranty deed, subject only to those exceptions to title accepted by Home Depot. NCRA shall cause possession of the Property to be delivered to Home Depot at Closing unoccupied, free of any right of possession or claim to right of possession by any party other than Home Depot and in debris -free condition (including the removal of any construction debris, construction material or supplies, vehicles, dirt piles, equipment, used drums or tanks, and domestic debris), with all environmental conditions remedied and/or mitigated, if and as required by the terms of the Agreement. Mr. Fernando Solorzano October 20, 2006 Page 4 of 5 (ii) Closing Costs. The City of National City and NCRA shall be responsible for: (i) NCRA's attorneys' fees; (ii) all recording and transfer taxes and tax collection fees; (iii) all recording fees on recordable documents; (iv) the basic premium for the Title Policy and the additional premium for the standard survey exception for the Property; and (v) all "greenbelt", "roll -back" and other deferred taxes. Home Depot shall be responsible for: (i) Home Depot's attomeys' fees; (ii) any endorsements to the Title Policy (except for any endorsements relating to the standard survey exception); and (iii) the cost of any examinations, test, studies and investigations of the Property performed by or on behalf of Home Depot. 3. Non -binding. NOTWITHSTANDING THAT EITHER PARTY, OR BOTH, MAY EXPEND SUBSTANTIAL EFFORTS AND SUMS AND MAY CHANGE ITS FINANCIAL POSITION AND PROSPECTS TO ITS DETRIMENT IN ANTICIPATION OF ENTERING INTO THE AGREEMENT IN THE FUTURE, HOME DEPOT AND PSI ACKNOWLEDGE, FOLLOWING CUSTOMARY TRADITION AND PRACTICE WITH RESPECT TO NON -BINDING "LETTERS OF INTENT", THAT IN NO EVENT WILL THE MATTERS ADDRESSED IN THIS LETTER OF INTENT, OR THE MATERIALS PROVIDED BY HOME DEPOT OR PSI IN CONNECTION WITH IT, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 4 HEREOF, BE CONSTRUED AS AN ENFORCEABLE CONTRACT EITHER TO PURCHASE AND SELL THE PROPERTY OR TO NEGOTIATE FOR THE SAME, AND EACH PARTY ACCEPTS THE RISK THAT NEITHER THE AGREEMENT NOR ANY OTHER BINDING CONTRACT MAY BE EXECUTED OR MAY OTHERWISE ARISE. 4. Binding Understandings. Only the provisions of this Section 4 of this Letter of Intent will constitute the legally binding and enforceable agreement of Home Depot and PSI. A. Confidentiality/Exclusive Negotiations. This Letter of Intent and all discussions and negotiations related thereto shall be held in confidence by Home Depot and PSI and will not, without the approval of the other party, be discussed or communicated in any manner with third parties except on an "as needed" basis (e.g., attorneys, architects, consultants, joint venture partners, and lenders, which third parties will be required to comply with these confidentiality requirements). Horne Depot and PSI agree that they will not, without the prior approval of the other party enter into independent negotiations with NCRA relative to the Property and that they shall not advertise, promote, or offer any press releases without the other parties prior written approval. B. Early Entry Agreement. In the event the Agreement is fully executed by PSI and Home Depot, Horne Depot and its employees, agents, representatives, engineers and consultants shall have the right and license, subject to the terms of a separate license agreement (the "License Agreement") to be executed by the parties within seven (7) days of the full execution and delivery of this letter of understanding, to enter the Property for purposes of perfonning such due diligence tests, studies and investigations as Horne Depot shall deem necessary or desirable in accordance with the provisions hereof. The right of entry and license granted by PSI hereunder shall commence on the date the License Agreement is fully executed by Home Depot and PSI and terminate on the date either party receives written notice of the 11/01/2006 09:50 6194771222 PSI PAGE 02/02 Mr. Fernando Solorzano October 20, 2006 Page 5of5 other's party intent to terminate the negotiations and discussions relating to the Property (as provided herein), in which event this right of entry and license shall be deemed terminated and of no further force or effect. If the proposal set forth in this Letter of Intent is acceptable to PSI, please have an authorized representative of PSI sign the enclosed duplicate copy of this Letter of Intent to evidence PSI's Agreement to the provisions hereof and return a fully executed copy to the undersigned on or before 5:00 p.m. on the October 25, 2006. In the event the undersigned does not receive a fully executed copy of this Letter of Intent on or before 5:00 p.m. on October 25, 2006, the provisions of this Letter of Intent shall immediately become null and void and any and all negotiations and discussions between the parties with respect to the Property shall be deemed terminated, unless otherwise agreed in writing signed by Home Depot and PSI. Additionally if Horne Depot and PSI have not fully executed the Agreement by November 30, 2006, a ENA with NCRA by November 30, 2006 and a DDA with NCILk by May 24, 2007, then this Letter of Intent shall become null and void and of no further force or e Very truly For Home Depot U.S.A., George T. Ray Real Estate Manager Western Region cc: Michael Morris Robert Nagle Allen Haynie Richard D. McDonald Agreed to and accepted October 23 , 2006. Pacific Steel Inc. By. Name: F Title: President Attachment 5 Morris Campbell November 3, 2006 Patricia Beard Redevelopment Manager City of National City 1243 National City Blvd. National City, CA 91950 Re: Property bounded by Civic Center (North) Cleveland Avenue (East) 18th Street (South) BNSF Rail Line (West) National City, CA Dear Ms. Beard: Commercial Real Estate Brokerage 9255 Towne Centre Drive, Suite 380 San Diego. California 92121 858.452.0077 Fax 858.558.1717 www.morrisamicampbell.com I am a real estate broker working with Home Depot in San Diego County. Home Depot is evaluating the cost to construct and operate a store between the above -referenced streets and the BNSF rail line. You requested that I describe my progress to date. As of this date I have discussed acquisition of certain properties, within the above -referenced boundaries, with the property owner(s) or its representative as follows: Assessor Parcel No. Owner 559-010-04 Patricia Rhodes 559-051-04 559-051-08 559-051-10 559-076-11 Suzanne Leif of the Anthony L. Bedford/Leif Trust 559-040-46 BNSF Railroad 559-040-47 Laurie Jardine with Staubach Co. under 559-040-48 contract with the railroad 559-040-52 I have tried to discuss acquisition of the property and have left a voicemail with William Thornton Jr. of Alamo Drive Limited Partnership forAPN No's 559-076-04 and 559-076-05. I will continue to attempt to contact William Thornton Jr. in the days ahead. Best regards, Morris and Campbell `Tutichae orris MJM:j c 1 November 6, 2006 Patricia Beard Redevelopment Manager City of National City 1243 National City Blvd. National City, CA 91950 Re: Property bounded by Civic Center (North) Cleveland Avenue (East) 18th Street (South) BNSF Rail Line (West) National City, CA Dear Ms. Beard: I am writing this letter as a follow-up to my letter to you on November 3, 2006. As of this date I have discussed acquisition of properties, within the above -referenced boundaries, with the property owner(s) or its representative as follows: Assessor Parcel No. Owner 559-010-04 559-051-04 559-051-08 559-051-10 559-076-11 559-040-46 559-040-47 559-040-48 559-040-52 559-076-04 559-076-05 Best regards, Morris and Campbell Michael J. Morris MJM:jp Patricia Rhodes Suzanne Leif of the Anthony L. Bedford/Leif Trust BNSF Railroad Laurie Jardine with Staubach Co. under contract with the railroad Alamo Drive Limited Partnership William Thornton, Jr. 30 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 43 MEETING DATE November 21, 2006 AGENDA ITEM NO. ITEM TITLE Report: CDC -Owned Parcel at 405 West 18th Street (APN# 559-063-04), National City, CA DEPARTMENT Community Development Commission PREPARED BY Xavier Del Valle Senior Project Manager EXPLANATION On October 17, 2006, the CDC Board directed staff to provide St. Anthony's Church with additional time to respond to staff's letter (dated September 12, 2006) that inquired whether they were still interested in pursuing the CDC owned parcel located at 405 West 18th Street. As mentioned last month, staff had not received a proposal or offer from St. Anthony's to acquire the subject parcel. Since then, staff has made contact with new pastor Father Edmundo Zarate who indicated that St. Anthony's was still interested in pursuing the subject parcel, and was prepared to negotiate a purchase price as soon as an updated appraisal of the parcel was obtained. Since then, staff has ordered an appraisal, which will be completed in approximately 2-3 months. Staff shall continue to work with St. Anthony's on a possible project on the subject property, and shall return to the Board in 60-days to provide a progress report. Environmental Review CEQA is not applicable Financial Statement The CDC owned parcel at West 405 18t'' Street (APN# 559-063-04) was acquired with project area set aside funds at a cost of $360,000 (2003). An updated appraisal has been ordered to determine the current fair market value of the subject parcel. STAFF RECOMMENDATION CDC accept and file report. �*. ATTACHMENTS Resolution No. A-200 (9/80)