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HomeMy WebLinkAbout2007 06-05 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — June 5, 2007 — 6:00 P.M. Open '1'o The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. it is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALI. Pledge of Allegiance to the Flag by Mayor Ron Morrison 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 fixmats to persons with a disability in compliance with the .Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-422S to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/5107 - Page 2 CITY COUNCIL PRESENTATIONS 1. Recognizing Council Representatives Roseanita Hernandez and Maria Batasin. (Council initiated) 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 May 1, 2007. (City Clerk) 3. Approval of a motion to waive reading of the text of the 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 of the City Council of the City of National City authorizing the Mayor to execute an agreement with Kleinfelder West Inc. in the amount of $32,300 (Not to Exceed) to provide material testing services for the National City Street Resurfacing Project. (Funding is available through Proposition "A" Funds — TransNet) (Engineering) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to adjust the location of red curb "no parking" along the 2700 block of E. 8th Street. (City Traffic Engineer, TSC Item No. 2007-18). (Engineering) 6. Resolution of the City Council of the City of National City granting and authorizing the recordation of a quitclaim deed to Palm Plaza Associates L.L.C. on a parcel of land for vacating of an easement for sewer and incidental purposes. (A.P.N. 557-410-23-00) (Engineering) CITY COUNCILICOMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/5/07 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City granting and authorizing the recordation of a quitclaim deed to Community Development Commission of National City and Palm Plaza Associates L.L.C. on two parcels of land for vacating of an easement for sewer and incidental purposes. (A.P.N. 557-410-20-00 and 557-410-23-00) (Engineering) 8. Resolution of the City Council of the City of National City authorizing the purchase of Self -Contained Breathing Apparatus (SCBA) for the Fire Department from Mallory Fire, via the State contract in the amount of $151,462.00, using various grant and City funds. (Purchasing) 9. Resolution of the City Council of the City of National City amending Resolution No. 14,352 relating to the appointment of members to the National City Senior Citizens Advisory Committee. (Community Services) 10. Resolution of the City Council of the City of National City amending Resolution No. 2004-131 relating to the appointment of members to the National City Public Art Committee. (Community Services) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the American Lung Association of California in an amount not to exceed $176,550.53 to perform healthy homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant. (City Manager) 12. Resolution of the City Council of the City of National City approving the Memorandum of Understanding between the City of National City and the City of San Diego to support a regional basic fire academy. (Fire) 13. WARRANT REGISTER # 42 (Finance) Ratification of Demands in the amount of $1,356,280.40. 14. WARRANT REGISTER # 43 (Finance) Ratification of Demands in the amount of $205,456.63. CITY COUNCILJCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/5/07 - Page 4 PUBLIC HEARINGS 15. Public Hearing — An appeal of the decision of the Planning Commission to deny a Conditional Use Permit to operate a banquet facility in an existing adult day care facility located at 540 National City Boulevard. (Applicant: Sabro Abro) (Case File No. 2007-02 CUP, APN 554-042-10 and -17) (Planning) 16. Public Hearing — To consider a trash rate increase for EDCO Disposal Corporation. (Public Works) NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City approving a trash rate increase for EDCO Disposal Corporation. (Public Works) 18. Resolution of the City Council of the City of National City authorizing the Acting Public Works Director to sign a Grant Award and Authorization Form from the California Air Resources Board accepting $394,650 in reimbursable grant funds to purchase $496,769 of low -polluting construction equipment for the Public Works Department. (Public Works) 19. Resolution of the City Council of the City of National City authorizing the 30- day review and public comment of the National City Police Department's grant application toward the purchase of a mobile command vehicle for the Police Department utilizing $50,479 from the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG). Police) 20. Resolution of the City Council of the City of National City authorizing the appropriation of a State FY 2006-07 Supplemental Law Enforcement Services Fund worth $123,666 to the National City Police Department toward the purchase of a mobile command vehicle. (Police) 21. Resolution of the City Council of the City of National City amending City Council Policy It801 in regards to Recreational Field and Facility Rules and Regulations. (Community Services) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/5/07 - Page 5 NEW BUSINESS 22. A request to initiate a street vacation for the closing of an unimproved portion of Cleveland Avenue and an unimproved alley south of Bay Marina Way Drive and east of Marina Way. (Applicant: Community Development Commission) (Case File No. 2007-27 SC) (Planning) 23. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at an existing restaurant at 1900 East Plaza Boulevard. (Applicant: ABCO Consultants for Family House of Pancakes) (Case File 2007-17 CUP) (Planning) 24. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a pawn shop at 1050 Highland Avenue, Suite E. (Applicant: Express Financial Services) (Case File 2007-22 CUP) (Planning) 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit to permit a wireless communications facility in Las Palmas Park at 1810 22" d Street. (Applicant: Cricket Communications — Tim Kolset) (Case File No. 2007-14 CUP) (APN 561-360-35) (Planning) 26. Temporary Use Permit — St. Anthony of Padua Festival, June 9-10, 2007 from 9:00 a.m. to 6:00 p.m. daily at 1816 Harding Avenue. (Building & Safety) 27. Temporary Use Permit — National City Public Safety Fair hosted by the Community Services Department on October 6, 2007 from 10:00 a.m. to 2:00 p.m. at Kimball Park. (Building & Safety) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 28. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 05/04/07 through 05/17/07 of $187,449.32. (Community Development Commission/Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/5/07 - Page 6 CONSENT CALENDAR (Cont.) 29. Resolution of the Community Development Commission of the City of National City approving a month to month Lease Agreement between Frank Motors, Incorporated and the Community Development Commission (CDC) of National City for vehicle storage purposes on an approximately 1.34 acre parcel (APN# 562-321-08) known as the former "RCP site" located just south of the Keystone Trailer Park along National City Boulevard in National City, California and authorizing the Chairman to execute said Agreement. (Community Development Commission) 30. Resolution of the Community Development Commission of the City of National City approving a Cooperative Remediation Agreement with Pacific Steel, Inc. (Community Development Commission) 31. Resolution of the Community Development Commission of the City of National City approving the First Amendment to the Exclusive Negotiation Agreement between Home Depot U.S.A., Inc. and Pacific Steel, Inc. (Community Development Commission) NON CONSENT RESOLUTIONS 32. Resolution of the Community Development Commission of the City of National City accepting conveyance of real property and directing the recordation of a Quitclaim Deed. (City Attorney) 33. Resolution of the Community Development Commission of the City of National City (CDC) accepting a grant deed from Highland Park Purple Cow revesting title to the property described as APN 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, and 551-470-48 to the CDC, as provided by the DDA. (City Attorney) 34. Resolution of the Community Development Commission of the City of National City authorizing the Mayor to execute an Agreement with Pacific Municipal Consultants (PMC) for $91,000 for professional services to prepare and submit an Environmental Impact Report (EIR) as required to receive final designation from the State for the San Diego Regional Enterprise Zone (SDREZ). (Community Development Commission) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/5/07 - Page 7 NON CONSENT RESOLUTIONS (Cont.) 35. Resolution of the Community Development Commission of the City of National City authorizing the execution of the SECOND MOU with the City of San Diego for the San Diego Regional Enterprise Zone to reflect each jurisdiction's fiscal responsibility to complete the Environmental Impact Report. (Community Development Commission) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — June 19, 2007 - 5:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM #1 5/06/07 RECOGNIZING COUNCIL REPRESENTATIVES ROSEANITA HERNANDEZ AND MA.RIA BATASIN (COITNCIL INITIATED) ITEM #2 5/06/07 APPROVAL OF 1'I IF, MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF MAY 1, 2007. (CITY CLERK) ITEM #3 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 6-5-07 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." eRecycled Paper City of National City, California COUNCIL AGENDA STATEMENT .4EETING DATE June 5, 2007 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City of National City authorizing the Mayor to execute an agreement with Kleinfelder West, Inc. in the amount of $32,300 (Not to Exceed) to provide Material Testing Services for the National City Street Resurfacing Project (Funding is available through Proposition "A" Funds - TransNet) PREPARED BY Alberto Griego EXPLANATION DEPARTMENT Engineering EXT. 4386 On March 12, 2002, Kleinfelder West, Inc. was contracted to provide the City with "as needed" materials testing services for the Capital Improvement Projects. Currently their contract has expired (the length of the contract was for three years, until March 12, 2005). This Resolution is to approve a contract with Kleinfelder West, Inc. to provide material testing services for the National City Street Resurfacing Project. FINANCIAL STATEMENT: The total estimated construction cost was approved by Resolution No.2007-62 that included construction, engineering inspection, materials testing and contingency items in the amount of $765,700. This amount included the proposed lowest bid amount ($589,000), approximately 20% ($117,800) for contingencies, 4.2% ($25,000) for construction inspection, and 5.8% ($34,162) for materials testing. Funding is available through Account Number 307-409-500-598-6035. Environmental Review X N/A MIS Approval See the Financial Statement under explanation. 99 Financial Statement Approved By: £ 1k L -> Finance Director Account No. STAFF RECOMMENDATION L 1---`lamAdopt the Resolution.j �(BOARD / COMMISSION RECOMDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreements (3 copies) {l Ideintelder A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER WEST, INC. IN THE NOT TO EXCEED AMOUNT OF $32,300 TO PROVIDE MATERIAL TESTING SERVICES FOR THE NATIONAL CITY STREET RESURFACING PROJECT WHEREAS, the City desires to employ a contactor to provide materials testing services for the National City Street Resurfacing Project; and WHEREAS, the City has determined that Kleinfelder West, Inc. is qualified by experience and ability to perform the services desired by the City, and Kleinfelder West, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Kleinfelder West, Inc. in the not to exceed amount of $32,300 to provide materials testing services for the National City Street Resurfacing Project. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attomey AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CiTY AND KLEINFELDER WEST, INC'. 1TIIS AGREEMENT is entered into this 5th day of June, 2007, by and between the CITY OF NATIONAL CIiY, a municipal corporation (the "CITY"), and Kleinfelder West, Inc., (the "CONTRACTOR"). RE('i7'ALS WHERFAS, the CITY desires to employ a CONi'RACTOR to provide materials testing services for the National City Street Resurfacing Project, FY 06-07. WHEREAS, the CTTY has determined that the CONTRACTOR is a firm specializing in materials testing work, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW. THEREFORE, TiiE PARTIES IIERETO DO MUTUAi.LY 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 he 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. 3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego, Associate F.ugincer-Civil, hereby is designated as the Project Coordinator for the CITY and will 3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego, Associate Engineer -Civil, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Ron Thomson is hereby designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be (120) one hundred and twnty working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Thursday, November 29, 2007. 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 CON'IRACTOR's written work product fur the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from Iiability 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 C'ON1 R ACTOR'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 etnploying 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. ('ONi'ROL. 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 CiI'Y, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CON'IRACTOR'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 he provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term 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 CONIRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRA(:"TOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CiTY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CiTY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CiTY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such inlorrnation, 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 4 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 RaCTOR agrees to indemnify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CON'TRACTOR's negligent acts, errors or omissions or other wrongful conduct performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. 5 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CI1'Y of cancellation or material change ten (10) days if cancellation is for nonpayment of premiums. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CiTY and its officers, agents and employees as additional insureds. G. if required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. f. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess 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. .1. 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 C1TY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not he considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's ices incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof and the amount of controversy does not exceed $25,000, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof that does not exceed $25,000 and which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall he home 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. 'i'ERMiNATiON. 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. 13. 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 he delivered to the CITY, and the CONTRACTOR shall he 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 CTIY further reserves the right to immediately terminate this Agreement upon: (I) the filing of a petition in hankniptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall he 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 oversight 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: 7 To the CITY: Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 • To the CONTRACTOR: Ron Thomson, Operations Manager 5015 Shoreham Place San Diego, CA 92122 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 ANI) POLITICAL REFORM ACT OBLIGATIONS. During the terra of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CTI'Y may suffer by virtue of any violation of this Paragraph 2i 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. 8 C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. • Exhibit A -. Scope of Services and Fee Schedule P. Amendment to this Agreement. The terrns 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. Il. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall he of any effect unless it is in writing and executed by the party to he bound thereby. J. Successors and Assigns. This Agreement shall he binding upon and shall inure to the benefit of the successors arid 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 arc to he resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Kleinfelder West, Inc. (Two signatures required) By: _ H Stephen M. Kirkpatrick, City Engineer APPROVED) AS TO FORM: By: George H. Eiscr, lli City Attorney (Title) -1?-) (Name) Sri Y/et. (T tle) 10 EXHIBIT "A" 11 KLEINFELDER EXPECT MORE' May 17, 2007 Proposal No. 83446 Alberto Griego City of National City 1243 National City Boulevard National City, Califomia 91950 Subject: Proposal to Provide Testing Laboratory Services Project: National City Street Resurfacing Project, FY 06-07 National City, California Specification No. 06-03 Dear Mr. Griego: INTRODUCTION (1: crl 0 We are pleased to submit our proposal to provide Testing Laboratory services for the subject project. In preparing this proposal we have utilized project specifications. While a detailed construction schedule were not available at the time we prepared this proposal we have relied on the 120 working day schedule noted in the project specifications. SCOPE We understand that our scope will primarily be: • As -requested compaction testing for asphaltic concrete paving; • Sampling emulsion aggregate slurry for field consistency testing and laboratory testing of wet track abrasion, oil content, and water content; • Laboratory maximum density testing; and • Preparation of a final compaction test summary report. Additional services we are prepared to provide if requested include: • Conformance testing of asphaltic concrete including stabilometer, oil content, and sieve analysis. P-83440/SDI7P107 Page 1 of 2 Copyright 2007 Kleinfelder 9 ) KLFINPELDE3 5015 Shorebero Place, San I)iel;n, (;_A 92122 I858) i20--2000 (£158. 120-2001 iax May 17, 2007 FEES Fees for our services will be charged on a time -and -materials basis at the rates and terms currently under contract with the City. No charges will be assessed for vehicle, mileage, or standard test equipment. - BUDGET For budgeting purposes we have prepared an Estimated Budget of $32,300. The following are the schedule assumptions we used in arriving at our estimated budget: 1. We will be scheduled for 100 hours of compaction testing; 2. We will be scheduled for 100 hours of slurry seal sampling; and 3. We will be requested to perform conformance testing on 40 slurry seal samples. Our budget does not include costs for overtime or retesting. APPROACH All services will be provided at the request and direction of the City of National City's designated representative. Our field personnel will prepare reports in triplicate each site visit outlining hours, work performed, and test results. Copies of these reports will be given to the on -site representative designated by the City. Copies of these reports as well laboratory test reports will be mailed weekly to the City's Project Manager. Any failing tests or non -conforming work observed will be brought to the immediate attention of the City. CLOSURE We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please contact our office if you have any questions or need additional information. Sincerely, KLEINFELDER WEST, INC. Ronald C. Thomson Operations Manager RCT:rp Enclosures: Estimated Budget Fee Schedule P-834461SDI7P107 Copyright 2007 Kleinfelder KIUINfflnfR Page 2 of 2 May 17, 2007 �‘52 5015 Shoreham Place, San Diego, CA 92122 (858) 320-2f 00 (A58) 3?0 2001 fax 1 KLEINFELDER Estimated Budget National City Street Resurfacing Project, FY 05-06 National City, California 302 — 4 Emulsion — Aggregate Slurry $ 22,000.00 Includes 100 hours field sampling and testing; 40 wet track abrasion tests; 40 oil content tests; and 40 moisture content tests. 302 — 5 Asphalt Concrete Pavement $ 8,000.00 Includes 100 hours compaction testing; 4 hours Supervisory Technician; and 2 maximum density tests. Office $ 2,300.00 Includes 4 hours Project Manager; and Final compaction test summary report. Total Estimated Budget: $ 32,300.00 Optional Extra 302 — 5 Asphalt Concrete Pavement Includes 20 extraction and gradation tests; and 20 Hveem stability tests. $ 6,500.00 Total Estimated Budget: $ 6,500.00 P-83446/SDI7P107 _ May 17, 2007 Copyright 2007 Kleinfelder City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE June 5, 2007 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of National City authorizing the City Engineer to adjust the location of red curb "no parking" along the 2700 Block of E. 8th Street (City Traffic Engineer, TSC Item No. 2007-18) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello Engineering EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. L t Approved By: Finance Director Account No BOARD / COMMISSION RECOMMEI)ATION At their meeting on May 9, 2007 the Traffic Safety Committee approved the staff recommendation to remove 53 feet of red curb directly east of the Granger Apartment driveways and add 30 feet of red curb between the driveways. I ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) Explanation Several tenants of Granger Apartments located at 2700 E. 8th Street have requested red curb "no parking" for the remaining 30 feet of available curb parking located between the driveways, to further improve sight distance. Staff previously provided 40 feet of red curb at this location. Staff revisited the site and noticed that approximately 83 feet of red curb exists directly east of the Granger Apartment driveways. Most of this red curb is no longer warranted due to the removal of an MTS (Metropolitan Transit System) bus stop. Staff confirmed that MTS no longer uses this segment of 8th Street as a bus route. Staff recommendations are as follows: 1) Remove 53 feet of red curb directly east of the Granger Apartment driveways to provide additional curbside parking, while leaving 20 feet of red curb in place to provide sight distance. 2) Paint 30 feet of red curb "no parking" between the Granger Apartment driveways to further improve sight distance. These changes will result in a net gain of curbside parking along the 2700 Block of E. 8th Street. TSC 2007-18 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ADJUST THE LOCATION OF RED CURB NO PARKING ALONG THE 1700 BLOCK OF EAST 8TH STREET WHEREAS, several tenants of Granger Apartments located at 2700 East 8th Street have requested red curb no parking for the remaining 30 feet of available curb parking located between the driveways, in addition to the 40 feet of red curb previously provided at this location, to further improve sight distance; and WHEREAS, upon inspection, staff found that most of the existing red curb is no longer warranted due to the removal of an MTS (Metropolitan Transit System) bus stop; and WHEREAS, staff recommends removal of 53 feet of red curb directly east of the Granger Apartment driveways to provide additional curbside parking, while leaving 20 feet of red curb in place to provide sight distance, and painting 30 feet of red curb no parking between the Granger Apartment driveways to further improve sight distance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to adjust the location of red curb no parking along the 1700 block of East 8th Street by removing 53 feet of red curb directly east of the Granger Apartment driveways to provide additional curbside parking, while leaving 20 feet of red curb in place to provide sight distance, and painting 30 feet of red curb no parking between the Granger Apartment driveways to further improve sight distance. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 9, 2007 ITEM TITLE: REQUEST FOR ADJUSTMENT OF RED CURB "NO PARKING" ALONG THE 2700 BLOCK OF E. 8Th STREET (BY: CITY TRAFFIC ENGINEER) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Several tenants of Granger Apartments located at 2700 E. 8th Street have requested red curb "no parking" for the remaining 30 feet of available curb parking located between the driveways, to further improve sight distance. Staff previously provided 40 feet of red curb at this location. Staff revisited the site and noticed that approximately 83 feet of red curb exists directly east of the Granger Apartment driveways. Most of this red curb is no longer warranted due to the removal of an MTS (Metropolitan Transit System) bus stop. Staff confirmed that MTS no longer uses this segment of 8th Street as a bus route. Staff recommends removing 53 feet of red curb at this location to provide parking, while leaving 20 feet of red curb in place to provide sight distance. By gaining curb parking from the vacated MTS bus stop, staff is willing to support painting additional red curb "no parking" between the driveways at 2700 E. 8th Street. STAFF RECOMMENDATION: 1) Staff recommends removing 53 feet of red curb directly east of the Granger Apartment driveways to provide parking, while leaving 20 feet of red curb in place to provide sight distance. 2) Staff recommends painting red curb "no parking" for the remaining 30 feet of available parking between the driveways at 2700 E. 8th Street. EXHIBITS: 1. Letter 2. Location Map 3. MTS Route Map 4. Photos 2007-18 Granger Apartments Tenants Association 2626 E. 8th street Apt. #204 National City, CA 91950 March 05, 2007 The City Engineer 1243 National City Blvd. National City, CA 91950 Sir: Request for additional red curve between both driveways at 2700 E. 8th Street, National City, CA 91950. Visibility of oncoming cars is zero, until it is too late. This is very dangerous and several accidents have already occurred. Your immediate attention in this matter would be greatly appreciated. Very truly yours, Berman Ballestamon President rli o (Rikky) R - closado Adviser 0510 2519 0357 1 Gir. rvLeAV ld Ing ,0, ...At DO DO _T • •. N •c 0 2,904 29'1 �a 9p?n ?B?e i a} t e . q ,6 U a a e 2517 • • YO •00 nt. >0 Z7?/ t2t5.15 u! • 24a774:1 ?et S4( n v t P906"i a ARCADIA PL. • 0, 2e03 ?sari., iH muc�_ es is a ?etc) L. :a C , ei9 ; ?eis N • • 0 rn 7 6CC ARCADIA .i! 7-,•. - i.'i T •f• rr I v Tr CA! CO !'e77m Ze26—;I N • _'� :2Z0 t J • i'8J3 t. i 1 �„,..1•.-:_OO1.�. _1•• 1. 1.L— �1•. tip: T 1 .it.__,...._A•� :. N•LL.. O . • I. .�1.' t 2907o -..go, 2904 is y t }- !M4p. ; -'61 �i y I .I I73 • : ?e061 28/6 co 2eP?: • L • 14 a' 1-t , mt N 1 `g NA71ONAL1AV Existing curb between the driveways at 2700 E. 8th Street (looking south) Existing red curb / vacated MTS bus stop (directly east of 2700 E. 8th Street, looking south) City of National City, California COUNCIL AGENDA STATEMENT .dEETING DATE June 5, 2007 AGENDA ITEM NO. 6 ITEM TITLE A Resolution of the City Council of the City of National City granting and authorizing the recordation of a quitclaim deed to Palm Plaza Associates L.L.C. on a parcel of land for vacating of an easement for sewer and incidental purposes (A.P.N. 557-410-23-00) PREPARED BY Charles Nissley EXPLANATION DEPARTMENT Engineering EXT. 4396 Currently the City of National City maintains an easement for sewer and incidental purposes on two parcels of land located at 1640 E. Plaza Boulevard A.P.N. 557-410-23-00 The sewer line was realigned in Plaza Boulevard and the existing sewer lines within the easement have been abandoned and no longer service any properties. City of National City Ordinance No. 92-2033 §2.1 prohibits the installation of permanent obstructions within city reserved easements. In order to construct the proposed development on the property Palm Plaza Associates L.L.C. are requesting that the City of National City vacate said easement. The easement is described in Exhibit A (attached). Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD 1 COMMISSION RECOMM = D TION ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Quitclaim Document 3. Legal Description Plaza A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED GRANTING A SEWER EASEMENT TO PALM PLAZA ASSOCIATES, LLC FOR THE ABANDONMENT OF THE SEWER EASEMENT ON A PARCEL OF LAND LOCATED AT 1640 EAST PLAZA BOULEVARD, AND AUTHORIZING THE RECORDATION THEREOF (A.P.N. 557-410-23-00) WHEREAS, currently the City maintains an easement for sewer and incidental purposes on a parcel of land located at 1640 East Plaza Boulevard (A.P.N. 557-410-23-00); and WHEREAS, the sewer line was realigned on Plaza Boulevard, and the existing sewer lines with the easement have been abandoned and no longer services the properties; and WHEREAS, to accommodate the construction of the proposed development of the parcel, Palm Plaza Associates, LLC requests that the City vacate said easement. NOW, THEREFORE, BE IT RESOLVED that the City of National City hereby authorizes the Mayor to execute a Quitclaim Deed granting a Sewer Easement to the Palm Plaza Associates, LLC for the above referenced property as described on the attached Exhibit "A", and directs the City Clerk to record the same. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECORDING REQUESTED BY City of National City 1243 National City Blvd. National City, Ca. 91950 WIIEN RF.CORWED MAIL TIIIS DEED AND, t INLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT 10: SAME AS ABOVE SPACF, ABOVE THIS LINE FOR RECORDER'S USE Quitclaim Deed APN !'he undersigned grantor(s) declare(s): Document transfer tax is $ 0 Easement City of National City, and 557 410 23 00 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged The City of National City, a Municipal Corporation in the County of San Diego, State of California hereby REMISE(S), RELEASE(S) AND FOREVER QUITCI.AIM(S) to Palm Plaza Associates, L.L.C. that property in the City of National City, County of San Diego, State of California, described as: An easement for sewer and incidental purposes as recorded October 4, 1968 as file N. 173322 of official records. The easement is more particularly described in Exhibit "A" attached hereto and made a part hereof: Dated Signature of Grantor Slate of Califontia ) County of _ SAN DIEGO ) S.S. On before me , personally appeared personally known to me (or proved to me on the basis of satisfactory evi- dence) to be the person(s) whose namcs(s) is/are subscribed to the within instrument and acknowledged to me that he / she / they executed the same in his / her / their authorized capacity(ies), and that by his / her / their sig- naturc(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. (This arca for official notarial seal) MAIL TAX STATEMENT TO, Exhibit A Easement for Sewer Purposes. Requesting abandonment. Recorded: Oct 4, 68 as file N. 173322 of Official Records Description: A strip of land 10 feet wide over a portion of the Northwest Quarter of the West half of of 80 acre Lot 2 in quarter section 129 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof N° 166 filed in the office of the County Recorder of San Diego County, the centerline of said 10.00 foot strip being described as follows: BEGINNING at the point of intersection of the centerline of Palm Avenue, 60.00 feet wide, with the centerline of Plaza Boulevard, 80.00 feet wide; thence South 75° 23' 11" East along said centerline of Plaza Boulevard 252,00 feet; thence South 55° 26' 37" East 190.57 feet to a point in the centerline of that certain 10 foot strip of land described in deed to the City of National City, recorded August 22, 1946 in Book 2222, page 96 of Official Records, said point being the TRUE POINT OF BEGINNING of the herein above described line; thence North 55° 26' 37", West 73.30 feet, more or less, to a point in the Southwesterly line of Plaza Boulevard, 80.00 feet wide, said point being the point termination of the hereinabove described line. The side lines of said 10 foot strip are to be prolonged or shortened so as to terminate Northely in said Southwesterly line of Plaza Boulevard and to terminate Southerly in the Southerly line of said 10 foot strip of land described in deed to the City of National City. PLAZA BOULEVARD City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE June 5, 2007 AGENDA ITEM NO. 7 ITEM TITLE A Resolution of the City Council of the City of National City granting and authorizing the recordation of a quitclaim deed to Community Development Commission of National City and Palm Plaza Associates LL.C. on two parcels of land for vacating of an easement for sewer and incidental purposes (A.P.N. 557-410-20-00 and 557-410-23-00) PREPARED BY Charles Nissley DEPARTMENT Engineering EXT. 4396 EXPLANATION Currently the City of National City maintains an easement for sewer and incidental purposes on two parcels of land Located at 1640 E. Plaza Boulevard A.P.N. 557-410-20-00 and A.P.N. 557-410-23-00. The sewer line was realigned in Plaza Boulevard and the existing sewer tines within the easement have been abandoned and no longer service any properties. City of National City Ordinance No. 92-2033 §2.1 prohibits the installation of permanent obstructions within city reserved easements. In order to construct the proposed development on the properties the Community Development Commission of National City and Palm Plaza Associates L.L.C. are requesting that the City of National City vacate said easement. The easement is described in Exhibit A (attached). Environmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No l STAFF RECOMMENDA ON Adopt the Resolution. BOARD / COMMISSION ' ECO ` EDATION ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Quitclaim Document 3. Legal Description Palm A-200 (Rev. 7/3) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED GRANTING A SEWER EASEMENT TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PALM PLAZA ASSOCIATES, LLC FOR THE ABANDONMENT OF THE SEWER EASEMENT ON TWO PARCELS OF LAND LOCATED AT 1640 EAST PLAZA BOULEVARD, AND AUTHORIZING THE RECORDATION THEREOF (A.P.N. 557-410-20-00 AND A.P.N. 557-410-23-00) WHEREAS, currently the City maintains an easement for sewer and incidental purposes on two parcels of land located at 1640 East Plaza Boulevard (A.P.N. 557-410-20-00 and A.P.N. 557-410-23-00); and WHEREAS, the sewer line was realigned on Plaza Boulevard, and the existing sewer lines with the easement have been abandoned and no longer services the properties; and WHEREAS, to accommodate the construction of the proposed development of these parcels, the Community Development Commission of the City of National City (CDC) and Palm Plaza Associates, LLC request that the City vacate said easement. NOW, THEREFORE, BE IT RESOLVED that the City of National City hereby authorizes the Mayor to execute a Quitclaim Deed granting a Sewer Easement to the CDC and Palm Plaza Associates, LLC for the above referenced property as described on the attached Exhibit "A", and directs the City Clerk to record the same. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECORDING REQUESTED BY City of National City 1243 National City Blvd. National City, Ca. 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL. TAX STATF.MF,NT TO: SAME AS ABOVE. SPACE ABOVE THIS LINE FOR RECORDER'S USE Quitclaim Deed APN 557 410 20 00 and 557 410 23 00 The undersigned grantor(s) deelare(s): Document transfer tax is $ 0 Easement City of National City, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged The City of National City, a Municipal Corporation in the County of San Diego, State of California hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to Community Development Commission of National City and Palm Plaza Associates, L.L.C. that property in the City of National City, County of San Diego, State of California, described as: An easement for sewer and incidental purposes as recorded August 22, 1946 in book 2222, page 96 of official records. The easement is more particularly described in Exhibit "A" attached hereto and made a part hereof: Dated_ Signature of Grantor State of California_ _ ) County of SAN DIEGO ) S.S. On before me , personally appeared personally known to me (or proved to me on the basis of satisfactory evi- dence) to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he / she / they executed the sane in his / her / their authorized capacity(ies), and that by his / her / their sig- nature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notarial seal) MAIL TAX STATEMENT TO, Exhibit A Easement for Sewer Purposes. Requesting abandonment. Recorded: Aug 22, 46 in book 2222, page 96 of Official Records Description: A parcel of land 10 feet in width, being 5 feet on each side of the following described center line; commencing at the N. WIy corner of 80 Acre Lot 2, Quarter Sec. 129 according to Map N° 166 on file in the Recorders Office of San Diego County, Calif.; thence N.71°E 30.0 feet; thence S.19°E 218.91 feet to point of beginning; S.85°00'E 689.86 feet to an angle point; thence N.69°04'E 2.43 feet to the Ely. line of N.W. 1/4 of W1/2 of said 80 acre Lot 2. Also a parcel of land 10n feet in width, being 5 feet on each side of the following center line; beginning at the above mentioned angle point; thence S.51°36'E 4.51 feet to the Ely. line of N.W. 1/4 of W1/z of said 80 acre Lot 2. AEETING DATE June 5, 2007 City of National City, California COUNCIL AGENDA STATEMENT 8 AGENDA ITEM NO. /JTTRBMA authorizing the purchase of Self -Contained Breathing Apparatus (SCBA) for the Fire Department, from Mallory Fire, via the State Contract in the amount of $151,462.00, using various grant and City funds. PREPARED BY Brenda E. Hodges, C.P.M. DEPARTMENT Purchasing Dept. x4570 EXPLANATION See attached EXT. ( Environmental Review X . N/A MIS Approval D Financial Statement See Accounting Details attached Approved By: j, -, Fihance Dir r Account No. STAFF RECOMMENDATION In concurrence with the Fire Department, it is recommended that the City proceed with the purchase as proposed. BOARD / COMMISSION RECOMMENDATION Not applicable ATTACHMENTS ( Listed Below ) 1) Background and Cost/Accounting Details 2) Resolution Resolution No. A-200 Rev. 7103) Background National City is the only suburb in San Diego County that does not have interoperable self-contained breathing apparatus (SCBA's), which is crucial during region -wide mutual aid operations. Eighty (80%) of our existing 26 SCBAs are vintage 1980's MSA products. They are 3000 psi and have been upgraded up to three in an effort to cut costs. Due to advances in technology and non-compliance with the current 2007 revision of NFPA 1981 and NFPA 2002 standards, existing cylinders cannot be upgraded by changing the valve assembly. An upgrade would require that the entire SCBA be upgraded to the 2007 edition of the standard, not just the cylinder. Therefore, it is not feasible for us to continue to upgrade our current SCBAs. Currently, our 3000 psi cylinders are not interoperable with the 4500 psi cylinders used throughout San Diego County; have no universal rescue connection (URC); and are heavier and bulkier than new technology provides. To make matters worse, the general condition of the equipment is poor. Our SCBA units have fasteners that do not fasten, broken dips, frayed harnesses, etc. In addition, one glaring SCBA deficiency facing our firefighters is the fact that they are supplied with 30-minute air cylinders where most neighboring agencies have high- pressure 45-minute cylinders. If National City does not replace these SCBAs, the results could be catastrophic for our firefighters who will be working in hazardous conditions that could lead to line of duty death. Since the 2007 revision of NFPA 1981 and NFPA 2002 standards were recently adopted, manufacturers of SCBA equipment are currently performing research and development to modify their equipment to meet the new standards. The research and development testing of the equipment is a lengthy process that can take several months to complete. In the interim, MSA has offered to provide the NCFD with SCBAs that meet current standards until they can replace them with SCBAs that meet the new 2007 standards. Once MSA has met the requirements for the 2007 standards, they will make the necessary modifications to the SCBA valve assembly to get it certified as an interchangeable cylinder. This upgrade will be at no additional cost to the City. The new SCBAs will meet NIOSH standards relating to terrorism related agents with Chemical, Biological, Radiological, and Nuclear (CBRN) regulators. CBRN regulators are similar to the units we now have, but will have an additional membrane to keep out CBRN agents. This SCBA equipment will be in compliance with NIOSH 42 CFR part 84, subpart H and 84.63 (c). The newer PASS device is ISO 9001 certified and will comply with NFPA 1982 standards. Firefighters will also have instant information on the residual in the bottle by using the heads -up display (HUD). This ability is extremely vital in interior firefighting where it is not uncommon to have zero visibility. Cost Details Piggybacking the State contract saves approximately $113,750 over the standard list price. Buying current model SCBA's now, then upgrading them will save approximately $31,000 over price increases anticipated when revised specs are made available to the market. Mallory Fire anticipates a 20% increase when products with new specs are available and implemented. Grant monies need to be spent by 6/30/07. The upgrades are expected to be complete by April 2008. Cost Breakdown: Purchase of new equipment: Trade -In of old equipment: Subtotal: State DGS fee: Total Expenditure: Funding Sources: Fire Act Grant - Federal Share: Fire Act Grant - City Share: FY06 UASI Grant: FY06 SHS Grant: Minor Equipment: Total: $167,343.20 (including tax) $18,928.00 (credit) $148,415.20 (payable to Vendor) $3,046.80 (payable to State) $151,462.00 Amount: $104,651.00 $26,162.00 $8,295.00 $10,815.21 $1.538.79 $151,462.00 Account: 282-412-923-355-0000 001-412-125-599-0000 282-412-921-355-0000 282-412-919-355-0000 001-412-125-355-0000 Authority As allowed by Purchasing Ordinance #1480, this purchase will be made as a result of a competitive bid process conducted by the State of California (State Contract #1-07-42-04), for Self -Contained Breathing Apparatus (SCBA), and awarded to Mallory Fire Company. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AUTHORIZING THE PURCHASE OF MSA SELF-CONTAINED BREATHING APPARATUS IN THE AMOUNT OF $151,462 FOR THE FIRE DEPARTMENT FROM MALLORY FIRE, VIA A STATE CONTRACT, USING VARIOUS GRANT AND CITY FUNDS WHEREAS, National City is the only suburb in San Diego County that does not have interoperable self-contained breathing apparatus (SCBA's), which is crucial during region -wide mutual aid operations; and WHEREAS, due to advances in technology and non-compliance with the current 2007 revision of the National Fire Protection Association (NFPA) 1981 and 2002 standards, the Fire Department's existing cylinders must be replaced; and WHEREAS, since the 2007 revision of the NFPA standards were recently adopted, manufacturers of SCBA equipment are currently conducting research and development to modify their equipment to meet the new standards, which will take several months to complete; and WHEREAS, in the interim, MSA, a manufacturer of SCBA's, has offered to provide the Fire Department with SCBA's that meet the current standards until they can be replaced with SCBA's that meet the 2007 revised standards at the cost of $151,462; and WHEREAS, Mallory Fire is the San Diego based vendor for MSA SCBA equipment; and WHEREAS, the City is in a position to piggyback with a State contract for the purchase of SCBA's, which will save the City approximately $113,750 over the standard list price, and buying the current model of SCBA's now, then upgrading them will save approximately $31,000 since the price is anticipated to increase approximately 20% when the revised specs are made available to the market; and WHEREAS, funds are available for this purchase through three reimbursable grants that were previously approved by the City Council in the amount of $123,761.21, and $27,700.79 in City funds; and WHEREAS, pursuant to Section 2.60.260 of the National City Municipal Code, the Purchasing Agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the Purchasing Agent to be in substantial compliance with the City's procurement procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the purchase of MSA Self -Contained Breathing Apparatus (SCBA) from Mallory Fire for the Fire Department, via a State Contract, using various grant and City funds. --- Signature Page to Follow --- Resolution No. 2007 — Page 2 PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey City of National City COUNCIL AGENDA STATEMENT MEETING DATE: June 5, 2007 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City amending Resolution No. 14,352 relating to the appointment of members to the National City Senior Citizens Advisory Committee. PREPARED BY: Rudy Lopez (619) 336-4560 DEPARTMENT Community Services Due to a continuous lack of quorum necessary to conduct business meetings, staff recommends reduc- ing the size of the Senior Citizens Advisory Committee from six members to five. Over the past fiscal year, six meetings have been cancelled due to lack of quorum, which are the last six consecutive months. There are currently five members with one position vacant. The reduction in size of the committee would be by attrition. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Approve the resolution. BOARD/COMMISSION RECOMMENDATION The Senior Citizens Advisory Committee has attempted to recommend approval of the resolution, however a quorum has not been attained for six consecutive months. .TTACHMENTS (Listed Below) Resolution No. 1 Resolution RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE NATIONAL CITY SENIOR CITIZENS ADVISORY COMMITTEE FROM SIX MEMBERS TO FIVE MEMBERS, AND AMENDING RESOLUTION NO. 14,352 WHEREAS, the City Council created the Senior Citizens Advisory Committee on June 12, 1984, by adoption of Resolution No. 14,352; and WHEREAS, due to a continuous lack of a quorum necessary to conduct business meetings, staff recommends reducing the size of the Senior Citizens Advisory Committee from the current six members to five members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves reducing the National City Senior Citizens Advisory Committee from six members to five members. BE IT FURTHER RESOLVED that Resolution No. 14,352 is amended by amending Section 1 thereof, to read as follows: Section 1. That there is hereby created a National City the Senior Citizens Advisory Committee to consist of five members appointed by the City Council. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City COUNCIL AGENDA STATEMENT MEETING DATE: June 5, 2007 AGENDA ITEM NO. 10 f ITEM TITLE: Resolution of the City Council of the City of National City amending Resolution No. 2004- 131 relating to the appointment of members to the National City Public Art Committee. PREPARED BY: Rudy Lopez"\— DEPARTMENT Community Services (619) 336-4560 EXPLANATION: Due to a continuous lack of quorum necessary to conduct business meetings, staff recommends reduc- ing the size of the Public Art Committee from nine members to seven. Over the past fiscal year, five meetings have been cancelled due to lack of quorum, including the last two consecutive months. There are currently six members with one position vacant. The reduction in size of the committee would be by attrition. Environmental Review N/A Financial Statement N( STAFF RECOMMENDATION Approve the resolution. BOD/COMMISSION RECOMMENDATION The Public Art Committee has attempted to recommend approval of the resolution, however a quorum has not been attained for two consecutive months. .TTACHMENTS (Listed Below) Resolution No. 1. Resolution RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE NATIONAL CITY PUBLIC ART COMMITTEE FROM NINE MEMBERS TO SEVEN MEMBERS, AND AMENDING RESOLUTION NO. 2004-131 WHEREAS, the City Council created the Public Art Committee on July 20, 2004, by adoption of Resolution No. 2004-131; and WHEREAS, due to a continuous lack of a quorum necessary to conduct business meetings, staff recommends reducing the size of the Public Art Committee from the current nine members to seven members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves reducing the National City Public Art Committee from nine members to seven members. BE IT FURTHER RESOLVED that Resolution No. 2004-131 is amended by amending Section 2 thereof, to read as follows: Section 2. The Committee shall be comprised of seven (7) members appointed by the Mayor with the approval of the City Council. Committee members may be residents or non-residents of the City. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE AMERICAN LUNG ASSOCIATION OF CALIFORNIA IN AN AMOUNT NOT TO EXCEED $176,550.53 TO PERFORM HEALTHY HOMES INSPECTIONS IN THE TARGET AREA WEST OF 1-805 FOR THE HUD HEALTHY HOMES GRANT PREPARED BY EXPLANATION Rosemary Toscano (Ext. 4391) ?/ DEPARTMENT City Manager On November 1, 2005 the City of National City was awarded $996,495 in grant funds from the U.S. Department of Housing and Urban Development (HUD), Office of Healthy Homes and Lead Hazard Control to perform Healthy Homes Inspections in the area west of 1-805. The Healthy Homes Inspection includes: a structural housing inspection, an environmental hazards assessment, and testing/sampling for mold and moisture, lead, carbon monoxide, and cockroaches. The City entered into an agreement on December 20, 2005 (Resolution No. 2005-266) with Paradise Valley Hospital (PVH) to perform the environmental hazards assessments for this grant; however, on April 30, 2007, the City was notified by PVH that due to the recent changes within the organization they were going to decline their participation in this grant. The City would like to now enter into an agreement with the American Lung Association of Califomia (ALAC) to perform the services originally proposed by PVH. ALAC is well -experienced and skilled in providing these services. The term of the agreement with ALAC will begin on May 06, 2007, and will end on October 31, 2008, provided that either the City or ALAC has the option of cancelling the agreement upon 60 days' written notice. Pursuant to the agreement, ALAC would receive $176,550.53 for their services. The agreement contains the customary provisions requiring the consultant to carry insurance, and to indemnify the City for acts of negligence in the performance of the agreement. Environmental Review Ni N/A Financial Statement Funds are available from the 2005 HUD Healthy Homes Demonstration Grant #CALHH0145-05 Approved By: F`cetirectof Project# Account No. 294-413-000-213 • STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Agreement Attachments 1 & 2 and Exhibits A-C A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE AMERICAN LUNG ASSOCIATION OF CALIFORNIA IN THE NOT TO EXCEED AMOUNT OF $176,550.53 TO PERFORM HEALTHY HOME INSPECTIONS IN THE TARGET AREA WEST OF 1-805 FOR THE HUD LEAD HAZARD CONTROL GRANT PROGRAM WHEREAS, the City desires to employ a contractor to provide Healthy Home Inspections in the target area west of 1-805 for the HUD Lead Hazard Control Grant Program; and WHEREAS, the City has determined that the American Lung Association of California (ALAC) is qualified by experience and ability to perform the services desired by the City, and the ALAC is willing to perform such services for the not to exceed amount of $176,550.53. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with American Lung Association of California to provide Healthy Home Inspections in the target area west of 1-805 for the HUD Lead Hazard Control Grant Program for the not to exceed amount of $176,550.53. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 5th day of June, 2007. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN LUNG ASSOCIATION OF CALIFORNIA THIS AGREEMENT is entered into this 5th day of June 2007, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the American Lung Association of California, a California nonprofit corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Healthy Ilomes Environmental Assessments. WHEREAS, the CITY has determined that the CONTRACTOR is a California nonprofit corporation 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, '1'HF, PARTIES HERETO 1)O MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. '1'hc CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all tents and conditions contained herein. The CONTRACTOR represents that all services required hereunder will he 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 C'ON'IRACIOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. 3. PROJECT COORDINATION AND SUPERVISION. Rosemary Toscano hereby is designated as the Project Manager 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. Lorna Hardin thereby is designated as the Project Director for the CONTRACTOR. 1 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 and provided that all the required supporting documentation has been submitted with the invoice (reimbursement request). 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. LENGTII 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. I'hc 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 CON I RACTOR 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 (.:TTY'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 CI't'Y's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents he used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 2 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the 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 lorth, 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 arc 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 Parties, in the performance of the services to he 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 shall obtain and maintain a current City of National City business license prior to and during perforniance 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 ate 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. 3 R. 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 CONI RACTOR liable to the CFI Y 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-DiSCRIMINA'I'ION 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 ensure that applicants arc employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the C1FY. 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; (iv) is required to be disclosed to a third party by taw; or (v) 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. 1'he Cl'l'Y agrees to defend, indemnify, and hold harmless the CONTRACTOR, 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 CITY'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 he incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require Its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies, or programs of self-insurance: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits at $1,000,000 per occurrence. B. Automobile insurance covering alt 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 CONTRAC"1'OR's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, but only to the extent that the liability arises from the acts of CONTRACTOR and its officers, employees, and volunteers. Any other policies held by the CITY shall not contribute to any Toss under said insurance, except to the extent said loss is caused by the CITY, its officers, employees, and volunteers. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. if required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage (or three years alter expiration of the term (and any extensions) of this Agreement. Ci. Any aggregate insurance limits must apply solely to this Agreement. H. This Agreement shall not take effect until certilicate(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 he entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to he 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. 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 he 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 either Party. Termination without cause shall be effective only upon 60-day's written notice! During said 60-day period the Parties shall perform all services in accordance with this Agreement. 13. This Agreement may also he terminated immediately by either Party for cause in the event of a material breach of this Agreement. C.This Agreement may also be terminated immediately by CITY for 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. D. Termination with or without cause shall be effected by delivery of written Notice of Termination as provided for herein. E. 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 compensation as provided in this Agreement 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. F. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors: or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall he 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 he 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 inail, live (5) days (ten (1 0) days if the address is outside the State of California) alter the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the 1Jnited States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Rosemary Toscano HIJD Grants Specialist City of National City 1243 National City Boulevard National City, CA 91950-4301 Lorna Hardin Associate Program Director American Lung Association of California 2750 4th Avenue San Diego, CA 92103 Notice of change of address shall he 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 ANi) POLITICAL. REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. ❑ 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. MIS('ELLANEOUS PROVISIONS. A. Computation at 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 lcderal, 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 fur the convenience of the parties hereto, are not a part of this Agreement, and shall not he used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Yartie..s_ Lxcept as otherwise expressly provided herein, the execution and delivery of this Agreement shall not he deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. I'. 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. II. Applicable Lary. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY AMERICAN LUNG ASSOCIATION OF CALIFORNIA (Corporation signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By By: Ron Morrison, Mayor Laura Boudreau Chief Operating Officer APPROVED AS To FORM: George II. Eiser, II1 City Attorney By: Glenn Maddalon Regional Vice President EXHI BIT A SCOPE OF SERVICES 101. Provide Healthy Homes Environmental Assessments (EA) in 450 low-income homes in National City west of the 805 freeway. a. The American Lung Association of California (ALAC) will have two (2) asthma coordinators conduct an Environmental Assessments in 450 housing units that have been identified by either National City or by Environmental Health Coalition (EIIC) as having hazards and that have families that meet the Ilealthy Hornes Program's eligibility criteria. b. The EA's to be conducted by ALAC will consist of three (3) in -home visits: 1.) The initial visit, 2.) The 3-month follow-up visit and 3.) The 6-month follow- up/post visit. l.) The Initial EA Visit The "initial EA" to be conducted by ALAC will be performed in tandem with a National City housing inspector. In cases where the structural inspection and/or sampling and testing has already been performed, the asthma coordinators will perform their initial assessment independently. I 1pon completion of the "initial EA," the asthma coordinator will provide the family with their individualized environmental assessment plan that will provide recommendations for items they themselves can do to reduce health and safety hazards that may he present in their home. In addition, the asthma educator will provide National City with a "Recommendation Sununary" listing the specific type(s) of intervention needed to reduce health and safety hazards that were identified during their initial assessment. These recommendations will be incorporated into the program participant's Healthy Homes Environmental Action Plan (EAP), which will be prepared for all 450 program participants. 21The 3-Month Follow-up Visit The "3-month follow-up" visit will be performed independently by the asthma coordinators. The "3-month follow-up" will be conducted to evaluate the effectiveness of the individualized environmental assessment plan provided to the lamily after the initial EA. During this visit the asthma educators will administer reinforced education (if needed), answer questions, and/or provide the family with referral information. it EXHIBIT A SCOPE OF SERVICES (continued) 3.) The 6-Month Follow-up/Post Visit Once again the "6-month follow-up" visit will be performed independently by the asthma coordinators. This final visit will provide the asthma educators one last opportunity to assist families with the implementation of their individualized environmental assessment plans. In addition, during this final 6-month follow-up visit, if the recommended intervention work (as noted in the program participant's Healthy Homes EAP) has been competed, the asthma coordinators will assist both National City and EHC; in administering the post evaluation. The post evaluation is will assist the City of National City, the program partners. and IIUI) to assess the overall effectiveness of the Healthy 1-comes Demonstration Grant Program. c. If it is determined by the ALAC Asthma Coordinators that there is a child under the age of 72 months with asthma, the family will be referred to area asthma education programs. The EA administered by the asthma coordinators for this program; however, will provide families with education related to asttuna symptoms and triggers, tips for reducing or eliminating the triggers, and referrals for accessing health care. Families without health insurance will be referred to appropriate agencies and/or community clinics for evaluation and assistance in applying Ior available insurance programs. d. The Asthma Coordinators will assist in collecting and processing data for program related health outcomes for each program participant. This information will he reported to National City at 6 months, 12 months and at the end of project. 102. American Lung Association of California project staff will attend monthly National City Healthy Homes Project partner meetings. These meetings are mandatory and critical for the exchange of information and completion of objectives. 103. American Lung Association of California staff will provide monthly progress reports by the due date assigned by the National (City Ilealthy Homes Project Manager. EXHIBIT B COST SCHEDULE 201. The total compensation for all services performed pursuant to this Agreement shall not exceed the sum of ONE HUNDRED SEVENTY-SIX THOUSAND FIVE IIIINDRED AND FIFTY DOLLARS AND FIFTY CENTS ($176,550.50) in Federal Funds. Contractor's leveraged funds in the form of in kind services have been pledged in the amount of SEVEN THOUSAND SEVENTEEN DOLLARS AND SIXTY-SIX CENTS ($7,017.66). 202. The CONTRACTOR acknowledges that the City is under no obligation to compensate the CONTRACTOR for services rendered or expenses accrued under this Agreement in excess of the maximum compensation specified above. It shall be the responsibility of the CONTRACTOR to monitor its activities to ensure that the scope of services specified in "Exhibit A" may be completed and no charges accrued in excess of the maximum compensation during the term of this Agreement. 203. It is expressly understood that any expenditures by the CONTRACTOR which arc not within the prescribed limitations of this paragraph and Exhibit A and applicable laws, rules, and regulations governing this Agreement are not chargeable to this Agreement. 204. Following execution of the HUD Agreement (Attachment 1), this Agreement and the Request for Release of Funds, the CONTRACTOR may submit a request for funds to the City specifying the amount due for services performed by the CONTRACTOR. Each request shall: 1) Describe the services performed in detail, 2) Indicate the amount of federal and leveraged funds charged by line item on Attachment 2, and 3) Include adequate and appropriate support documentation for the expenses claimed. 13 EXHIBIT C LENGTH OF AGREEMENT 301. All services required pursuant to this Agreement shall commence effective as of the date the Agreement is fully executed and shall terminate on October 31. 2008. 1 y ATTACHMENT 9 HOUSING AND URBAN DEVELOPMENT, OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL GRANT PROGRAMS GRANT AGREEMENT PROVISIONS (FISCAL YEAR 2005) SCHEDULE OF ARTICLES 1. DEFINITIONS 2. SCOPE OF WORK (COST -REIMBURSEMENT) 3. PERIOD OF PERFORMANCE 4. ** GRANTEE CERTIFICATION PROGRAM REQUIREMENTS (SPECIAL CLAUSE) 5. CONDUCT OF WORK 6. KEY PERSONNEL 7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES 8. PROGRAM INCOME 9. INDIRECT COSTS 10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT - MATCHING) 11. BUDGET 12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS TRANSFER 13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM (LOCCS) 14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS 15. REVIEW OF DELIVERABLES INSPECTION AND ACCEPTANCE 16. COI.,LECTION OF DATA 17. LIMITATION ON CONSULTANT PAYMENTS 18. PUBLICATIONS AND NEWS RELEASES 19. REPRODUCTION OF REPORTS 20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS) 21. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OVER $100,000) 22. PROJECT MANAGEMENT SYSTEM 23. EQUIPMENT 24. AMENDMENTS 25. CHANGES 26. DISPUTES 27. ORDER OF PRECEDENCE 28. OTHER ADMINISTRATIVE PROVISIONS 29. UNIFORM ADMINISTRATIVE RAT►VE REQUIREMENT'S FOR GRANTS AND COOPERATIVE AGREEMENTS 30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT !', CIVIL RIGHTS DEMONSTRATORS 31. ** SPECIAL CONDITIONS CLAUSES FOR LEAD BASED PAINT HAZARD EVALUATION OR CONTROL ACTIVITIES 32. ENVIRONMENTAL POLICY ** NOTE: UNIQUE CLAUSES -CONTAIN SPECIAL REQUIREMENTS FOR ALL PROGRAMS CONDUCTING LEAD HAZARD EVALUATION OR CONTROL ACTIVITIES - PLEASE READ 1. DEFINITIONS a) The term "grant" as used herein refers to either a grant or a cooperative agreement instrument. b) The term "grantee" as used herein also refers to recipients of cooperative agreements. c) The term "Grant Officer" means the official authorized by MUD to execute and/or administer this grant. This term also refers to a Cooperative Agreement Officer when the instrument is a cooperative agreement. d) The term "Government Technical Representative (GTR)" means the I -IUD individual who is responsible for the technical administration of the grant, the evaluation of performance under the grant, the acceptance of technical reports or projects, and other such specific responsibilities as may be stipulated in the grant. e) The term "Government Technical Monitor (GI'M)" means the individual responsible for assisting a Government Technical Representative in the Tatter's performance of his/her duties. f) The term "Head of the Awarding Activity (HAA)" means a HUD official, at the Assistant Secretary level or equivalent, with authority for policy, award, and administration of discretionary grants within one or more HUD organizational elements. For this grant, the HAA is the Director of the Office of Healthy Homes Lead Hazard Control. g) The term "Guidelines" refers to the definitions, standards and information contained in the 2005 edition of the guide entitled "Guidelines for the Evaluation and Control of Lead -Based Paint in Housing" HUD,. The guidelines are incorporated by reference. h) The term "OHHLHC" means the HUD Office of Healthy Homes and Lead Hazard Control. i) The term "NOFA" means the Notice of Funding Availability which announced the availability of funding for this grant. 2. SCOPE OF WORK (COST -REIMBURSEMENT) The grantee shall furnish the necessary personnel, materials, services, equipment, facilities (except as otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of the work set forth in the Statement of Work/Management and Work Plan and Benchmark schedule submitted with your original application under the NOFA for Fiscal Year 2005. Management and Work Plan (with Benchmark Standards), Deliverables and Budget. The Grantee shall complete and submit a detailed management and work plan (with Benchmark Standards), Deliverables and Budget within 60 days after the effective date of the grant. These revisions shall update the general plan submitted with the proposal and include any negotiation changes of the work plan or budget if applicable. lite plan shall be developed according to the instructions and benchmark standards that will provided by the Government Technical d f` Representative for the grant program as applicable. Instructions for the Lead Hazard Control Program and Healthy Homes programs are provided as follows: For the Lead Hazard Control Grant Program, use OHHLHC Policy Guidance Number 2001-03 "Revised Quarterly Progress Reporting Requirements" dated October 1, 2001, as amended, and/or guidance from the GTR. The plan for the Healthy Ilomes Programs, should be prepared pursuant to the following outline: 1. Background II. Project Goals and Objectives III. Project Tasks IV. Reporting and Deliverables V. Project Budget VI. Appendices The estimated nutnber of housing units and structures in which evaluation and/or intervention activities are expected to take place should be included in the project goals and objectives section. Objectives of research components of the grant should be stated in terms of testable hypothesis in the work plan when possible. Tasks should be arranged sequentially or in a logical order within the work plan, and include supportive activities. The entity responsible for each task should be identified, and the timeframe for its completion stated. The tasks section should also include a discussion of the roles and responsibilities of the appropriate organizations that will be involved in completing the Institution Review Board review related to the protection of human subjects under this grant. For recipients of all other OIII-ILHC programs, please contact your Government Technical Representative to get specific instructions. The management and work plan consists of the goals and time -phased objectives and deliverables for each of the major tasks to be undertaken by the program. Benchmark standards (milestones) have been developed to assist the grantee plan and implement its program in a timely and cost- effective manner. A revised budget, in accordance with the final negotiation, shall be submitted (if necessary). The work plan shall also include a detailed narrative description of how assistance and funding will flow from the grantee to the actual performers of the hazard reduction work; the selection process for subgrantees and subcontractors; the selection process for the particular properties to be abated, the lead hazard control activities to be undertaken, and the screening, health, and other measures to be taken to protect children and other occupants. Where there is interdependence among the tasks, the work plan shall indicate how each interdependent task will provide needed inputs to the others. (Also, see Article 22, Project Management System — Work Plan). The revisions to the management and work plan deliverables and budget shall be submitted by December 1, 2005 and are subject to review and approval by HUD. When approved by the GTR and the Grant Officer, the work plan, deliverables and budget shall he incorporated as part of the grant agreement and amended/modified accordingly. 3. PERIOD OF PERFORMANCE AND INCURRING COSTS OR OBLIGATING FEDERAL FUNDS BEYOND TI-IE EXPIRATION DATE �I J a. The grantee shall provide all services stipulated in this award agreement for the period of months specified on the HUD 1044, "Assistance Award/Amendment" Continuation Sheet from the effective date stipulated in Block #5 of the HUD 1044.. Grantees are to comply with the requirements of 24 CFR 84.28 or 24 CFR 85.23 (Period of availability of funds), as applicable, in charging costs to the grant. All obligations incurred under the award must be liquidated not later than 90 days after the end of the funding period. The preparation of the final administrative and financial reports is to be completed within the 90-day closeout period. b. The grantee shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date stipulated in the award. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities. Closeout activities are normally limited to the preparation of final progress, financial, and required project audit reports unless otherwise approved in writing by the Grants Officer. c. Any extension of the award period can only be authorized by the Grants Officer in writing. Verbal or written assurances of funding from other than the Grants Officer shall not constitute authority to obligate funds for programmatic activities beyond the expiration date. d. The OHHLHC has no obligation to provide any additional prospective funding. Any amendment of the award to increase funding and to extend the period of performance is at the sole discretion of the OHHLHC. 4. •. GRANTEE CERTIFICATION PROGRAM REQUIREMENT The Grantee agrees that any funds under this grant used for lead -based paint or lead -based paint hazard evaluation or control activities shall be conducted by firms and persons qualified for the activities according to 24 CFR Part 35, subpart R (possessing, as applicable, certification valid for the State in which the activity is conducted as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or, for interim lead hazard control work, training in a HUD -approved course in lead -safe work practices), and that laboratories used for analysis of samples for lead in paint, soil or dust shall be recognized by the U.S. Environmental Protection Agency for the analysis of those samples under its National Lead Laboratory Accreditation Program. 5. CONDUCT OF WORK During the effective period of this grant, the Government "Technical Representative and/or the Government Technical Monitor identified in Block 9 of the HUD-1044 shall be responsible for monitoring the technical effort of the grantee, unless the grantee is notified in writing by the Grant Officer of a replacement. Only the Grant Officer has the authority to authorize deviations from this grant, including deviations from the Statement of Work/Work Plan. In the event the grantee does deviate without written approval of the Grant Officer, such deviation shall be at the risk of, and any costs related thereto, shall he borne by the grantee. 6. KEY PERSONNEL The personnel specified in the original proposal, stated in the grant agreement, or as amended on the HUD 1044 Continuation Page of the amendment, as key personnel are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other work, the grantee shall notify the Grant Officer and GTR reasonably in advance in writing and shall submit justification (including proposed substitutions (with the qualifications and experience of the substitute personnel)) in sufficient detail to permit evaluation of the impact on the work effort. No diversion shall be made by the grantee without the written consent of the Grant Officer. 7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES For the performance of the work under this instrument, HUD shall reimburse the grantee for costs incurred (hereafter referred to as "allowable costs") which are determined by the Grant Officer to be allowable, allocable, and reasonable in accordance with the following cost principles*: a. For colleges and universities: OMB Circular A-21. b. For State and local Governments: OMB Circular A-87. c. For other nonprofit organizations: OMB Circular A-122. d. For all other grantees, Federal Acquisition Regulation, Subpart 31.2. e. HUD Handbook 2210.18 Cost Principles for For -Profit Organizations. *The Revised Version of these documents in effect on the date of award shall govern. 8. PROGRAM INCOME Any program income derived as a result of this award shall be added to funds committed under your award to further activities eligible for assistance under this award. If not contained in the Work Plan or under Special Conditions itemized in these provisions, prior to using program income to further the objectives of the grant program, the parties shall mutually agree by written amendment on the use of program income. Program income received after the period of performance must be used to further the objectives of the applicable OHHLHC pant program for which this grant is awarded in accordance with CFR 24 Part 84.25/85.25 as applicable. 9. INDIRECT COSTS If the Grantee has received a provisional rate, pending establishment of a final rate, reimbursement will be made on the basis of the provisional rate. By accepting this award document, Grantee agrees to bill at the provisional indirect cost rate for the entire period of performance of the award agreement. At completion, of the grant, adjustments may be made from the provisional rate to the final rate. However, such adjustments must be within the total amount of the award as stated in Block 15 of the HUD-1044. 10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT — MATCIIING) (See Blocks 14 of the HUD 1044) (a) The estimated cost for the performance of this grant is the "Total Instrument Amount". (b) The grantee shall be reimbursed by HUD for 100% of costs incurred in the performance of this grant. HUD shall not be obligated to reimburse the grantee in excess of the "Total HUD Amount". HUD reserves the right to withhold one-pereent (1%) of the Federal grant amount pending the receipt and approval of a final progress report prepared in accordance with the Policy Guidance or GTR instructions for the specific Ol-1HLHC program and any arnendrnents. (c) The grantee agrees to bear without reimbursement by HUD the "Recipient Amount" of the total costs. The grantee is not obligated to contribute more than the "Recipient Amount". However, in the event that the grantee incurs costs in excess of the estimated cost of the "Total Instrument Amount". such excess shall be borne entirely by the grantee. (d) The grantee must satisfy all statutory matching requirements in the NOFA. If the grantee's actual matching contribution is less than "Recipient Amount" under Block 14 of the HUD 1044, the Government reserves the right to negotiate new line items and/or amounts to satisfy the grantee's match, or to reduce the Government's share proportionally. The grantee must satisfy all statuary matching requirements in the NOFA. The grantee shall notify the Government at any time it believes it will not meet its match by the completion of the grant. If the grantee exceeds the dollar amount shown above, there will be no impact on the Federal share. 11. BUDGET The grantee shall incur costs in conformance with the budget, presented in the original proposal stated in the grant agreement, or as amended on the HUD 1044 Continuation Page of the amendment. The grantee shall not commingle any funds computed under this grant with any other existing or future operating accounts held by the grantee. If the grantee has been contacted to submit documents to support the application that were not received prior to the execution of this grant, the grantee will not be allowed to draw down funds, exceeding 10% of the federal amount, until such time that the requirements have been met. Standard Form 269, Financial Status Report, detailing match or in -kind contributions shall be submitted on a quarterly basis. A final narrative and Standard Form 269 report detailing the progress made in achieving the purpose of the grant and adequate documentation of the total funds expended in support of the activities to achieve this purpose (both Federal and in -kind 10 percent match) are due 90 days after the end of the period of performance. See Article 10(b) regarding the holdback of 1% of the Federal amount pending the receipt and approval of the final narrative report. 12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS TRANSFER Advance payments by Treasury check or electronic funds transfer are hereby authorized under this grant. A Grantee that is subject to existing State program accreditation requirements may request an advance payment in writing, if applicable. HUD may provide to the grantee a one time cash advance that shall not exceed 10 percent of the grant amount, and shall be limited to the minimum amount needed for the actual, immediate cash requirements of the grantee in carrying out the tasks of this agreement and as agreed to by the Grant Officer. These funds cannot be used for conducting housing inspections or lead hazard control work in homes until the Grantee has an approved Request for Release of Funds and Certification (Form HUD 7015.15 and OHHLHC Policy Guidance Issuance 2000-01 dated 02/24/2000). Contact the OHHLHC Environmental Officer, Karen Choi at (213) 894-8000 x3015 for questions and mail the original and copies to the following addresses: Original: U.S. Department of Ilousing & Urban Development Attn: Environmental Officer, Karen Choi AT&T Building — Suite 1 145 611 West 6th Street Los Angeles, CA 90017 Copies: (Block 8 Address of 1044) Attn: GTR in Block 9 of 1044 HUD will not make additional payments from the amount awarded to a grantee until the grantee's contractors and workers are qualified for the activities according to 24 CFR Part 35 (possessing certification as abatement contractors, risk assessors, inspectors, abatement workers, or sampling technicians, or others having been trained in a END -approved course in lead -safe work practices). Any additional funds requested by the grantee shall be requested in accordance with Clause 13, "Estimated Cost And Payment - Line Of Credit Control System (LOCCS)" Should the grantee demonstrate an unwillingness or inability to establish procedures that will minimize the time elapsing between advances and disbursements, or fail to provide any required progress report in a timely manner, the authorization for advance payments may be revoked. The grantee may then be required to finance the project with its own working capital and payment to the grantee may he made by Treasury check to reimburse it for actual cash disbursements. 13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM (LOCCS) The grantee shall be reimbursed for costs incurred in the performance of work under this grant in an amount not -to -exceed "Total IIUD Amount" in Block 14 of the HD 1044. In the event the grantee incurs cost in excess of this amount, the excess shall be home entirely by the grantee. Incurred costs shall be reimbursed through HUD's Line of Credit Control System (LOCCS) using the electronic Voice Response System (VRS). LOCCS uses a computer software program, which ensures that requested payments do not exceed the amount authorized to the grantee. Each day LOCCS generates a payment tape for the Department of the Treasury, which disburses the payments via the Automated Clearinghouse (ACH) Payment System and a Voucher and Schedule of Payments. All payments are certified by HUD and forwarded to Treasury for processing. Before receiving funds from the VRS, the grantee must designate a financial institution in order for END to make direct deposit payments through the ACII system. In the event the grantee, during the performance of this grant, elects to designate a different financial institution for the receipt of any payments, notification of such change and the related information must be received by the Grant Officer 30 days prior to the date such change is to become effective. In order to have access to LOCCS and the VRS, the grantee shall obtain a Security ID and Password from HUD's LOCCS Security Officer, using the form HUD-27054, LOCCS Voice Response Access Authorization Form. The grantee shall submit the original vouchers for work performed to the GTR identified in Block 9 of the form HUD-1044. The voucher shall be supported by a detailed breakdown of the cost(s) claimed (Grantees are to use the Part 3 Financial Reporting Attachment included in Policy Guidance 2001-03). In order to assure proper payment, it is important that the voucher is in accordance with the payment amount requested through the VRS. Payment requires the authorized grantee to telephone the VRS and provide the Security Ill number and requested information. Detailed instructions for using the LOCOS-VRS were provided in your transmittal letter. Funds advanced to the grantee shall be maintained in an interest bearing account. Any interest earned by the grantee as a result of the advanced funds shall be promptly returned to HUD. All check remittances should be sent to the new Miscellaneous Lockbox as follows: NationsBank — Bank of America DHUD P.O. Box 277303 Atlanta, GA 30384-7303 If the grantee is a State or local government, the grantee may retain up to $100.00 of interest earned per grantee's fiscal year for administrative expenses. (24 CFR 85.21). If the grantee is a University, non-profit or for profit organization, the grantee may retain up to $250.00 of interest earned per grantee's fiscal year for administrative expenses. (24 CFR 84.22). State universities and hospitals shall comply with CMIA, as it pertains to interest. Other funds due to HUD after the end date of the grant or close-out, as a result of internal audit or other reasons, will be returned to the GTR identified in Block 9 of the form IIUD-1044 of this grant." 14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS By signing this agreement, the grantee also certifies that before awarding any subcontracts or sub - awards, it will ensure that the subcontractor or subrecipient is not included on the General Services Administration's (GSA) "List of Parties Excluded From Federal Procurement or Non - procurement programs". If a subcontractor or subrecipient is on the GSA's published list, they are ineligible for assistance and the grantee is restricted from awarding them a contract or subgrant. Copies of the GSA published list can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 or by email at the following site: http://epls.arnet.gov. 15. REVIEW OF DEI..IVERABLES a) Definition - For the purpose of this clause, "Deliverables" include: 1) All interim and final reports, 2) Survey instruments required by Statement of Work/Work Plan, and 3) Other physical materials and products produced directly under the Statement of Work/Work Plan of this grant. 4) Match, in -kind and leverage commitments. b) General 1) The GTR shall have the sole responsibility for HUD review; correction, and acceptance of the deliverables of this grant. Such review(s) shall be carried out promptly by the GTR, so as not to impede the \work of the grantee. The Products of Work shall be deemed as accepted as submitted if the GTR has not issued written cornrnents and/or required corrections within thirty (30) days of the date of the GTR's receipt of such product from the grantee. 2) The grantee shall carry out the required corrections, if any, provided by the GTR and shall promptly return a revised copy of the product to the GTR. 3) 4) The GTR's review, correction, and acceptance of deliverables shall be limited to: (1) corrections of omissions or errors of fact, methodology, or analysis; (2) deletion of irrelevant materials; and (3) improvements in style readability. 5) In the review and acceptance of deliverables, the GTR may not require any change in the grantee's stated views, opinions, or conclusions. 6) Should there be any disagreement between the grantee and the GTR as to any correction, or the methodology or analysis on which any conclusion is based, the GTR may require the grantee to insert a Government dissent(s) in the appropriate place(s). The inclusion of such dissent(s) in an Official Product of Work, otherwise found acceptable by GTR, and the return to the GTR of a revised copy containing the dissent(s), shall satisfy the requirements for acceptance of the Official Product of Work under this clause. 7) Such dissent(s) shall not apply to any independent publication by the grantee of Independent Products that may arise from the work or findings of this grant. 16. COLLECTION OF DATA Collection of data from ten or more respondents and sponsored by HUD shall be subject to the Paperwork Reduction Act (44 U.S.C. 3 501 - 3520). If a survey instrument for a collection of data sponsored by HUD is proposed, it will be subject to review and approval by the Office of Management and Budget (OMB). Such review and approval must be obtained prior to the use of the survey instrument. Also, a time element is involved here, which may considerably lengthen the time required for completion of the project proposed. Careful consideration should be given to any proposal, which requires the use of a survey or other information collection sponsored by IIUD. The collection of data is deemed to he sponsored by HUD only under the following conditions (5 CFR 1320.3): a) The grantee is conducting the collection of information at the specific request of HUD; or b) The terms and conditions of the grant require specific approval by HUD of the collection of information or collection procedures. Note that if the grantee decides on its own to collect information and it does not need HUD approval to do so, then THUD is not the "sponsor" of the information collection. 17. LIMITATION ON CONSULTANT PAYMENTS As required by I IUD's Appropriations Act, salary payments to consultants under this instrument shall not exceed the equivalent of the maximum daily rate paid to level IV of the Executive Schedule for Federal Employees. This limitation refers to consultants hired through the grantee's personnel system, but not to consultants who perform as independent contractors. I I • V 18. PUBLICATIONS AND NEWS RELEASES a) Definition. For the purpose of this clause, "publication" includes: 1) Any document containing information for public consumption; or, 2) The act of, or any act, which may result in, disclosing information to the public. b) The results of this program are planned to be made available to the public through dedication, assignment by HUD, or such other means as the Secretary shall determine. c) Government Ownership of Official Products of Work All interim and final reports and information, data analyses, special methodology, findings, and their related documents and work products, including reports, work sheets, survey instruments, computer tapes, and any other physical materials and products produced directly under the Statement of Work/Work Plan of this grant are considered Official Products of Work, owned by the Government and held for the benefit of the public. d) Publication of Official Products of Work Official Products of Work, quotations therein, paraphrasing, or disclosures of interim findings may not be published without the approval of the GTR for a period of sixty (60) days after acceptance of the product by the GTR. Thereafter, the grantee shall be free to publish without HUD approval. c) Acknowledgment and Disclaimer f) All Official Products of Work, or any part thereof, and any Independent Products and Special Products arising out of this instrument, when published by the grantee or other participants in the work, shall contain the following acknowledgment and disclaimer: "The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government." Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning this grant that may be made by the grantee or its staff, or any subcontractor or other person or organization participating in the work of this grant shall be provided to the GTR at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with paragraph (e) above. l5N 1 • 19. REPRODUCTION OF REPORTS BRANCH PROCUREMENT OF CERTAIN KINDS OF PRINTING; "PRINTING" DEFINED Pub. L. 102-392, title II, Sec. 207(a), Oct. 6, 1992, 106 Stat. 1719, as amended by Pub. L. 103-283, title II, Sec. 207, July 22, 1994, 108 Stat. 1440; Pub. L. 104-201, div. A, title XI, Sec. 1112(e)(1), Sept. 23, 1996, 110 Stat. 2683, provided that: (1) None of the funds appropriated for any fiscal year may be obligated or expended by any entity of the executive branch for the procurement of any printing related to the production of Government publications (including printed forms), unless such procurement is by or through the Government Printing Office. (2) Paragraph (1) does not apply to (A) individual printing orders costing not more than $1,000, if the work is not of.a continuing or repetitive nature, and, as certified by the Public Printer, if the work is included in a class of work which cannot be provided more economically through the Government Printing Office, (B) printing for the Central Intelligence Agency, the Defense Intelligence Agency, National Imagery and Mapping Agency, or the National Security Agency, or (C) printing from other sources that is specifically authorized by law. (3) As used in this section, the term 'printing' includes the processes of composition, platemaking, presswork, duplicating, silk screen processes, binding, microform, and the end items of such processes. 20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS) Patent rights are as specified in 37 CFR Part 401, entitled "Rights to Inventions made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts and Cooperative Agreements". Inquiries regarding this Patent Rights clause should be in writing and directed to: Grant Officer Office of Healthy Homes and Lead Hazard Control U.S. Department of Housing and Urban Development 451 Seventh Street SW Washington, DC 20410-3000 21. LIMITATION ON PAYMENTS '1'O INFLIJENCE CERTAIN FEDERAL TRANSACTIONS (OVER 1100,000) Section 1352 of Title 31, U.S.C. provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: 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. 13 22. PROJECT MANAGEMENT SYSTEM DELIVERABLES The grantee shall include a schedule listing all significant project milestones, and dates for submission of all project deliverables including quarterly project reports, interim reports where appropriate, the final report, and financial reports utilizing HUD form 269. Upon approval of the work plan, the grantee should ensure all deliverables identified in the Work Plan and Benchmark schedule are delivered on time. QUARTERLY PROJECT REPORTS Quarterly reports will be due no later than December 31, April 30, July 31, and October 31, for each respective quarter following the initiation of the grant through project closeout. A template to be used in the preparation of each quarterly report will be provided by our office at a later date. Quarterly reports must reflect activities undertaken, obstacles encountered, and accomplishments in each calendar quarter. Contracts, training materials and protocols, rosters of persons trained, outreach and educational materials prepared, and other significant products developed to implement, analyze or control the project or disseminate information are to be submitted with the quarterly y reports as attachments. FINAL REPORT A final report shall be submitted. The final report shall summarize the applicant's plans, execution of the plans, achievements noted, and lessons learned. The report need not be lengthy, but should be of a quality and detail to provide freestanding description to any outside reader of all of the applicant's work and achievement under the grant. Specific and detailed guidance on preparing the forms and the narratives may he obtained from the GTR. Grantees under the Lead Hazard Control Grant Program, and the Lead Hazard Reduction Demonstration Grant Program shall use the HUD Office of Healthy Homes and Lead Hazard Control (OIIHI,HC) Project Management System specified in this clause. The HUD OIIHLHC system requires the submission of a work plan with specific, time phased, and realistic goals, objectives, and benchmark milestones established. Quarterly status reports that show progress and measure performance of the program in meeting approved work plan goals, objectives and benchmark milestones are to be submitted. The Project Management System utilizes quantifiable data and a narrative description of progress. For more specific details and guidance, please refer to the 01IIILHC's Lead Hazard Control Grant Program Policy Guidance Number 2001-03 Revised Quarterly Progress Reporting Requirements for the Lead Hazard Control Grant Program dated October 1, 2001, as amended Quarterly Progress Reports are to be submitted according to the requirements of the Lead Hazard Control Grant Program Policy Guidance Number 2001-03. The quarterly progress reporting system is web -based and requires an Internet connection. Grantees are to complete the quarterly progress report (Form-HUD-96006) by accessing http://www.leadtrantonline.net via the Internet,. er ... or other Internet address or other method, as advised by the GTR. In the event that a grantee cannot access the Internet, a "Word template" version is available. Completed quarterly reports in this format should be submitted to: grantee_quarterly@hud.gov (use underscore) or other Internet address or other method, as advised by the GTR. NOTE: Grantees are required to have approval from their Government Technical Representative (GTR) prior to submitting the report using the Word template format. Grantees are to submit quarterly progress reports as soon as possible, but no later than 30 days after the end of each calendar year quarter. Grantees, for all programs, are advised that failure to submit timely quarterly progress reports will result in not having their "LOCCS VRS Request Voucher for Grant Payment" processed and/or approved for payment until such time as the quarterly progress report is submitted to HUD. 23. EQUIPMENT The following equipment is allowable, in accordance with the Of-IHLIIC NOFA for the applicable grant program, to be acquired for the performance of this grant is identified as follows: XR F Instruments X-ray fluorescence (XRF) instruments purchased with Federal funds for use in the OHHI,HC Grant progrars will remain the property of the grantee under the conditions cited in 24 CFR 84.34 or 85.32, as applicable. 24. AMENDMENTS This grant may be modified at any time by a written amendment. Amendments, which reflect the rights and obligations of either party, shall be executed by both I -IUD (the Grant Officer) and the grantee. Administrative amendments, such as changes in appropriation data, may be issued unilaterally by the Grant Officer. 25. CHANGES: In accordance with 24 CFR 85.30 or 84.25, as applicable, Grantees or subgrantecs must obtain the prior approval of the awarding agency whenever any programmatic changes are anticipated to include the following: (I) Any revision of the scope or objectives of the project (regardless of whether there is an associated budget revision requiring prior approval). (2) Need to extend the period of availability of funds. (3) Budget revisions that are 10% or more of the cumulative transfers among direct cost categories, or, if applicable, among separately budgeted programs, projects, functions, or activities which exceed or are expected to exceed ten percent of the I5 current total approved budget, whenever the awarding agency's share exceeds $100,000. (4) Changes in key persons in cases where specified in an application or a grant award. In research projects, a change in the project director or principal investigator shall always require approval unless waived by the awarding agency. (5) Under non -construction projects, contracting out, subgranting (if authorized by law) or otherwise obtaining the services of a third party to perform activities, which are central to the purposes of the award. 26. DISPUTES During performance of the grant, disagreements may arise between the grantee and the Grant Officer on various issues. If a dispute concerning a question of fact arises, the Grant Officer shall prepare a final decision, taking into account all facts and documentation presented. The decision shall be mailed to the grantee. The grantee may appeal the decision within thirty (30) days to the Deputy Secretary of HUD, or his or her designated representative. 27. ORDER OF PRECEDENCE In the event of any inconsistency among any provisions of this grant, the following order of precedence shall apply: a. NOFA b. Management and Work Plan c. Grantee Certification Program Requirement d. Statement of Work/Work Plan (excluding the grantee's proposal, if incorporated). e. Special Conditions f. Schedule of Articles. g. Uniform Administrative Requirements. h. Grantee's Proposal (if incorporated). 28. OTHER ADMINISTRATIVE PROVISIONS The grantee shall comply with all standard assurances, which were executed as part of the application process. 29. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS All provisions of 24 CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations" apply to these grantees. The grantee shall comply with all standard assurances, which were executed as part of the application process. All provisions of 2,1 CFR Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" apply to these grantees. The grantee shall comply with all standard assurances, which were executed as part of the application process. 3 0 For the full text follow these instructions (which were valid at the time of grant award; alternative methods may be required as determined by the Government Printing Office): I. Go to the following web site: http://www.gpoaccess.gov/cfr/ 2. Under Most Current Data, in the Quick Search Klock, for 24 CFR 84, enter "24CFR84" with quotation marks and without spaces; similarly, for 24 CFR 85, enter "24CFR85". 3. For 24 CF13 84, scroll down to (24CFR84—Part 84— Uniform Administrative Requirements For Grants And Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations). Click the word "text" to view the text file. For 24 CFB8 , scroll down to (24CFR85--Part 85 Administrative Requirements for State, Local and Federally Recognized Indian Tribal Governments). Click the word "text" to view the text file. 30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS This certification applies to any grant or cooperative agreement using funds appropriated under section 103 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304). The applicant certifies that it has adopted and is enforcing: a) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 31. SPECIAL CONDITIONS CLAUSE FOR LEAD -BASED PAINT HAZARD EVALUATION OR CONTROL ACTIVI'TIES ** A grantee conducting lead -based paint hazard evaluation or control activities agrees to comply with the following special requirements: a) Comply with Section 1 101 of Title X, Grants for Lead -Based Paint Hazard Reduction, as amended by section 217 of Public Law 104-134, if the grant is under the Lead -Based Paint Hazard Control, Lead Hazard Reduction Demonstration Grant, or Operation Lead Elimination Action Program: Such grantees shall provide assistance for housing which meets the following criteria- 1) For grants made to assist rental housing, at least 50 percent of the units inust be occupied by or made available to families with incomes at or below 50 percent of the area median income level and the remaining units shall be occupied or made available to families with incomes at or below S0 percent of the area median income level, and in all eases the landlord shall give priority in renting units assisted under this section, for not less than 3 years following the completion of the lead abatement activities, to families with a child under the age of six years, except that building with five or more units may have 20 percent of the units occupied by families with incomes above 80 percent of area median income level: 3/ • 2) For grants made to assist housing owned by owner -occupants, all units assisted with grants under this section shall be the principal residence of families with income at or below 80 percent of the area median income level, and not less than 90 percent of the units assisted with grants under this section shall be occupied by a child under the age of six years or shall be units where a child under the age of six years spends a significant amount of time visiting. b) Develop and implement written procedures for all phases of lead evaluation and control, which are consistent with the HUD Guidelines for the Evaluation and Control of Lead - Based Paint Hazards in Housing (hereafter known as the Guidelines). c) Request and receive formal concurrence from HUD for deviations from the procedures described in the Guidelines. Such deviations may include thresholds for abatement hazard control or post abatement hazard control clean-up procedures, which differ from the HUD Guidelines. d) Comply with appropriate HUD and EPA regulations regarding lead -based paint notification, disclosure, or work practices during lead hazard control activities. e) Prohibit the use of open -flame burning, chemical strippers containing methylene chloride, dry scraping, uncontained hydroblasting or hydrowashing, uncontained abrasive blasting, machine sanding without HEPA attachments or heat stripping above 1100°F as work practices at anytime. f) Observe the procedures for worker protection established by the Federal Occupational Safety and Health Administration (29 CFR 1926.62 and/or 1910.1025, as applicable). g) Dispose of waste resulting from lead hazard control activities in accordance with the requirements of the appropriate local, State, and Federal regulatory agencies. You must handle disposal of wastes from hazard control activities that contain lead -based paint, but are not classified as hazardous, in accordance with State or focal law or the HUD Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Ilousing. h) Conduct lead -based paint inspections, risk assessments, and clearance dust testing, according to the HUD Guidelines and the EPA lead hazards standards rule at 40 CFR 745.227(e)(8)(viii) and/or the IIUD Lead Safe Housing Rule at 24 CFR 35, subpart R, as applicable. Wipe tests shall be conducted by an appropriately certified or licensed individual who is independent of the lead hazard control contractor. Dust -wipe samples, soil samples and any paint samples to be analyzed by a laboratory must he analyzed by a laboratory recognized by the EPA National Lead Laboratory Accreditation Program (NLLAP). Units or areas treated shall not be reoccupied until clearance is achieved. The dust lead standards are: i) J) 40 micrograms of lead per square foot on an interior hard -surfaced floor or carpet; 250 micrograms of lead per square foot on a window sill; and 400 micrograms of lead per square foot on a window well (clearance only). Test and record blood -lead levels of all children under the age of six occupying affected units within 6 months prior to the abatement or hazard control. Centers for Disease 3� Control and Prevention (CDC) recommendations for blood lead testing are to be followed. Children with elevated blood levels (EBLs) shall be referred for appropriate treatment and follow-up medical care. k) Cooperate with any federally sponsored or endorsed monitoring or evaluation efforts done in conjunction with the Grantee's lead hazard control activities under this program. This includes collecting data on the relative cost and effectiveness of hazard control methods and providing documentation of all testing, inspection, and hazard control actions. I) If a grantee operates a loan program with the funds provided under this grant, any revenue recaptured from the loan repayments may be retained by the grantee, and can only be used for lead -based paint abatement or hazard control activities. m) As requested by OHHLHC Policy Guidance Issuance dated April 14, 1995, the HUD Form 60002, Economic Opportunities for Low- and Very Low -Income Persons (Section 3) must be submitted by January 10 yearly. n) As required by OHHLHC Office Policy Guidance Issuance 2000-01 dated February 24, 2000 Revised Environmental Review Procedures and Requirements, the HUD Form 7015.15, Request for Release of Funds & Certification must be submitted to the HUD Office of l Iealthy Homes and Lead !Lazard Control and approved before any lead hazard control activities which involve physical intervention in a housing unit can begin. Lead hazard control activities include the conduct of inspections and risk assessments. o) The number of units to be treated shown on the HUD 1044, Assistance Award/Amendment Form, is the number that will be used for ail grant and evaluation efforts. Revision of this number will require a grant amendment. p) q) Comply with the OHHI.HC Policy Guidance Issuances that pertain to specific work practice, management, or reporting requirements. Provide a copy of all lead -based paint inspection, risk assessment, and clearance test reports to the property owner in order for the property owner to comply with disclosure requirements required under 24 CFR part 35, Subpart A. The letter transmitting these reports must include the statement shown below: "The Federal Residential Lead -based Paint Hazard Reduction Act, 42 U.S.C. 4852d, requires sellers and landlords of most residential housing built before 1978 to disclose all available records and reports concerning lead -based paint and/or lead -based paint hazards, including the test results contained in this notice, to purchasers and tenants at the time of sale or lease or upon lease renewal. This disclosure must occur even if hazard reduction or abatement has been completed. Failure to disclose these test results is a violation of the U.S. Department of Housing and Urban Development and the U.S. Environmental Protection Agency regulations at 24 CFR Part 35 and 40 CFR Part 745 and can result in a tine of up to $11,000 per violation. To find out more information about your obligations under federal lead -based paint requirements, call I-800-424- I .EAD." r) PARINERSIIIP RELATIONSHIPS WITH FAITH -BASED AND COMMUNITY BASED ORGANIZATIONS: Any changes to an agreement, such as a Memorandum of 19 Understanding, subcontract agreement or Letter of Commitment, that indicates that a formal partnership exists between the grantee and one or more Faith -Based or Community -Based Organizations which meet the definition set forth in the NOFA published in conjunction with this award must be addressed in the next quarterly report. s) Renewals: A recipient under the Lead -Based Paint Hazard Control Grant Program Competitive Performance -Based Renewal category agrees to the following conditions by signing this grant agreement: (I) Grantee has substantially completed and/or exceeded the total number of housing units in the previous award by the end date of that award; (2) Grantee will demonstrate that the additional number of units to be completed with the unexpended balance (if any) will not significantly delay the production of units proposed in the renewal period, i.e., the grantee must be able to complete the renewal units in addition to the units proposed with the unexpended balance (if any); and (3) Grantee will schedule and complete all work within the 36-month renewal period, without extensions. 32. ENVIRONMENTAL POLICY'. a) The grantee [called a "recipient" in 24 CFR 58.2(ax5)J under the Lead Elimination Action Program or Healthy Homes Demonstration Program shall comply with 24 CFR part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities," in accordance with the provisions of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994. Under part 58, a responsible entity [see 24 CFR 58.2(a)(7)], typically the unit of general local government, on behalf of the grantee, must assume the environinental review responsibilities for activities funded under this Program. Under 24 CFR 58.11, if a responsible entity or the recipient objects to the responsible entity performing the environmental review, HUD may designate another responsible entity to perform the review or may perform the environmental review itself under the provisions of 24 CFR part 50. If HUD carries out this responsibility, the grantee agrees to assist and shall: (1) Supply HUD with all available, relevant information necessary for HUD to perform environmental reviews on program and project requests under 24 CFR part 50; (2) Carry out mitigation measures required by HUD as a result of the environmental review or select an alternate eligible property; and (3) Not acquire, rehabilitate, convert, lease, repair or carry out construction , nor commit or expend HUD or non -I IUD funds for these program activities with respect to any eligible project until IIUD approval of the project is received. b) If the grantee [called a "recipient" in 24 CFR 58.2(a)(5)J, or a responsible entity [see 24 CFR 58.2(a)(7)1 on behalf of the grantee, under the Lead -Based Paint Hazard Control Grant Program (including a new grant or a Lead -based Paint Hazard Control Competitive Performance -Based Renewal category grant), or Lead Hazard Reduction Demonstration Sy Grant Program, carries out the environmental review requirements under 24 CFR part 58, the grantee shall: (I) Submit the Certification / Request for Release of Funds (form HUD 7015.15), including the public Notice of Intent / Request for Release of Funds and related environmental review prepared by the responsible entity; or (2) Submit the relevant environmental review documentation by the responsible entity for HUI) approval when the project is either Categorically Excluded, not subject to the related Federal laws and authorities pursuant to 24 CFR 58.35(h), or exempt pursuant to 24 CFR 58.34; and (3) Not acquire, rehabilitate, convert, lease, repair or carry out construction, nor commit or expend IIUD or non -HUD funds for these program activities until HUD has either approved the Request for Release of Funds or other applicable environmental review. c) A grantee under the Healthy I lomes Technical Studies, Lead Technical Studies, or Lead Outreach Grant Program is categorically excluded from the requirements of the National Environmental Policy Act of 1969 [see 24 CFR 58.35] and is not subject to environmental review under the related laws and authorities. �1 3 American Lung Association of San Diego and Imperial Counties Detailed 1-Year Budget Worksheet ATTACHMENT 2 Name and Address of CONTRACTOR: American Lung Association of California_ San Diego Office _ _ 2750 Fourth Ave. _ San Diego,_ CA 92103_ - - Category f. Personnel (Direct Labor) i I Estimated Hours Rate per Hour Estimated Cost - I IUD Share Local Share Program Diredor (0 15 FTE) Asthma Coordinator (1.0 FTE)- _- _- Asthma Coordinator (to FTE) _ _ Administrative Assistant10,10 FTE) 414 $33.60 $13.910.404_ _ 1 _ 2,763t_$19.49 1 $53,850.87' 2,763 $20.51 $56.669.13, . - _ 27F�i, $16.41 I - $4,529.16- $128,959.56J $13.910.401 - $53,850.87: $56,669 13! - - - _ 5124,430.40 - - $4.529.161 54,529.16 i - _ - _ Total Director Labor Cost 2. Fringe Benefits Rate. %) Base I Estimated Cost ; HUD Share I ocal Share Tnid Fringe BenentsOnst - - -- - - - -- — 21.80%1 128,959.5bj $28.113.18 j - -- .I. - - 1. $28,113.18, 1 $27,125.831 --- 5987.36; - 3. Travel ' j Mileage j Rate per Mile Estimated Cost 1 HUU Share 1 neat Shure la. Transportation - Local Private Vehicle I i - 1 Subtotal - Traav- Local Private Veh,de 15,300 $ 0.485 1 $7,420.50.'`-'. ?I,T' :t�r `.•!5r,., $7,420.50-_ $7.420.50. 7 $7,420.50i i 3b. Transportation -Airfare • I Trips Fare Estimated Cost HUD Share Local Shane 1 Subotal- transportation Airfare-'<cr_ t_ . ,. -, ' tr� - $0.00 $0.00;_. 3c. Transportation - Other i ) Quantity • Unit Cost Estimated Cost. I IUD Share . t oval Share Subtotl-Trspontab-ver onO I .- .. -. ......._ _ - 3d. Per Diem or Subsistence(indicate location) 1 I Days I Rate per Day I Estimated Cost HUU Share t anal Share , - Per (hem or Subsistence 4 - ,; , w w WOO- v: `i: i : 57,420.50 . $0.00 $7,420.50! _Subtotal Total Travel Cost - - - - - - - - • - - - Hl1U Share I o ,i Shure - - - - - - - - - I 4. Equipment (Only items over 15,000 Depreciated value) ' - - - QuantityI. Unit Cost I Estimated Cost Total Equipment Cost -- — - — — — -- - is"' .h `; - - - $0.00 •. - 50.001 5. Supplies & Materials (Items under 85,000 Depreciated Value) 5a. Consumable Supplies I l Quantity Unit Cost I Estimated Cost HUD snare Lows Share • Subtotal - Consignable Supples _ es?'; ^ :J ` . . $0.00 5h. Non.Consumable Materials Office Supplies._ Duplicating - Cell phone __ _. _ - _. - _ Subtotal - No_n-Coisumable Materials__ _ _ _ _ _ __ _ Total Supplies and Materiels Cost - �- _ _ _ 51,020.00 S1.000.00 ' _ _ - $935.U0 .. ::; �. - . _ _- '-- - 52,955.00 : _ 51.020.00 $1000.00. __ _ _ _$2 020.00 ' $2,020.00, _ - . _ $9351 5935' 5935• 3b 5/30/200 / American Lung Association of San Diego and Imperial Counties 1 Consultants (Type) I Days Rate/Day "•' +'' Estimated Cost - HUD Shale I ocal Sham 1 " . r >!,97,.r'... $0.00 i $0.001 Total Consultants Cost 7. Contracts and Sub -Grantees (List individually) Quantity Unit Cost l _ Estimated Cost HUD Share Local Share . -..'.? p I _. -.�; 5 �- ....__. $0.00 ... Total Subcontracts Cost l _. a. Construction Costs Quantity Unit Co Estimated Cost HUD Share torn! Share I a - -. , .``'' $0.00' • I Total Construction Costs 9. Other Direct Costs Quantity Unit Cost Estimated Cost :x' HUD Share i Local Share I 1 $0.00' I $0.001 Total Other Direct Costs $0.00 Subtotal of Direct costs $167,448.24 i $160,996.73 $6,451.52 I 10. Indirect Costa Rate Base ' Estimated Cost 1 HUD Share ; I I. oral Share — Total Indirect Costs $ $566.15 12.5' 128,959.66: 516,119.95 $15,553.80 Total Estimated Costs ". ai4?'x $183,568.19 ' - . $176,550.531 $7,017.66 5/30/2007 3) Agreement Detailed Budget Worksheet Detailed Description of Budget Analysis of Total Estimated Costs Estimated Cost 1_ Percent of Total liPersonnel (Direct Labor) $128,95970%.56i — - - 2 Fringe Benefits $28,113.18 15% - --r $7,420.507 3 Travel 4% 4 Equipment $ 51Supplies and Materials $2,9550:00001 _ 2% ]Consultants 7 16ontracts and Sub -Grantees ---- — 81Construction :00i00001 9 Other Direct Costs $0.001 10 Indirect Costs $16,119.95' 1009°/%o Total: $183,568.19! tHUD Share: $176,550.531 96% 7Leverage (CONTRACTOR) 1 $7,017.66. 4% 3ie METING DATE City of National City, California COUNCIL AGENDA STATEMENT June 5, 2007 AGENDA ITEM NO. 12 ITEM TITLE A Resolution of the City Council of the City of National City Approving the Memorandum of Understanding between the City of National City and the City of San Diego to Support a Regional Basic Fire Academy PREPARED BY EXPLANATION Roderick Juniel, Fire Chief (619) 336-4550 DEPARTMENT Fire The National City Fire Department (NCFD) recognizes it is not cost effective or efficient to train and certify small numbers of Firefighters in such areas as Hazardous Material Emergency Responder, Confined Space Awareness, Weapons of Mass Destruction Awareness, Emergency Medical Technician 1 Refresher, Incident Command System 100, Califomia Firefighter I NIMS 700/800, Wildland Firefighter Training and other required certifications. Traditionally NCFD, along with other fire agencies throughout the county, have established individual academies for small numbers of Firefighters. Best practices have confirmed that a regional comprehensive fire academy is a more cost effective and efficient method to train and certify Firefighter Recruits. The attached memorandum of understanding between the City of National City and the City of San Diego was developed and implemented to ensure a clear understanding of the expectations of instructors and recruits. i Environmental Review v N/A Financial Statement Approved By: N/A Finance Director Account No. STAFF RECOMMENDATION Approve Resolution approving the Memorandum of Understanding between the City of National City and the City of San Diego Supporting a Regional Basic Fire Academy. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. _ Memorandum of Understanding Between the City of National City and the City of San Diego Supporting a Regional Basic Fire Academy. A-200 (04/2007) RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FIRE CHIEF TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO TO SUPPORT A REGIONAL BASIC FIRE ACADEMY WHEREAS, traditionally, the National City Fire Department, along with other fire agencies throughout the County, have established individual academies for small numbers of firefighters; and WHEREAS, best practices have confirmed that a regional comprehensive fire academy is a more cost effective and efficient method to train and certify firefighter recruits; and WHEREAS, the City of National City and the City of San Diego desire to enter into a Memorandum of Understanding to support a Regional Basic Fire Academy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Fire Chief to execute a Memorandum of Understanding with the City of San Diego to support a Regional Basic Fire Academy. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Memorandum of Understanding M.O.U. This MEMORANDUM OF UNDERSTANDING was made and entered into on March 5, 2007, by and between: The City of San Diego Fire -Rescue Department and The National City Fire Department BASIC FIRE ACADEMY This Memorandum of Understanding is entered into by and between the City of San Diego Fire -Rescue Department [CSDFRD] and National City Fire Department [NCFDI in support of a Regional Basic Fire Academy. INTRODUCTION It is the goal of the Basic Fire Academy to prepare Fire Fighter Recruits to assume the responsibilities of Entry -Level Fire Fighters.• The Academy program has evolved to its present format through the continuing support and input from members of all county fire protection agencies. In addition, much instructional input has come from the State of California Fire Fighter 1 Curriculum. The Academy program is structured to: 1. Provide comprehensive training and education in contemporary and professional fire protection theory and method. 2. Develop in each Recruit an unwavering commitment to personal integrity and accountability, an attitude of self -evaluation and discipline, and a humanistic approach to modern fire protection. Graduation from the Basic Fire Academy is indicative of a Recruit's ability to meet the highest standard of professional fire service. 1. EXPECTATIONS Academic Expectations The Basic Fire Academy holds high, yet realistic, expectations for all its trainees. As an aid toward accomplishing this objective, the requirements necessary for attaining these expectations are made explicit in the Recruit Orientation Manual. Recruits will he tested for proficiency in all subject areas presented at the Academy. 1'he success criteria for all subject areas will be made available so that precise expectations are well defined. In an instance where a Recruit does not meet the success criteria for a class, individualized, self-help study program will be suggested. A remediation program is provided as part of the training. Physical Expectations Physical conditioning is a regularly scheduled part of the Basic Fire Academy Physical training will consist of a combination of weight training and running. Running will consist of a 3 mile run, at least three times a week, with a finish time of 24 minutes. Behavioral Expectations As a Recruit attending the Basic Fire Academy, Recruits are expected to demonstrate an intense, tenacious, total commitment, enforced by self -motivation toward successfully meeting the academic and physical requirements prescribed above. Recruits will be expected to formulate and subscribe to a demeanor that encompasses pride, professionalism, maturity, and self-discipline. 2. TESTING To successfully complete the Basic Fire Academy, a Recruit MUST achieve the minimum requirements in all areas listed below. Failure to meet the requirements will result in termination. AREA MINIMUM SCORE RELATIVE SCORE Fire Tech. Quizzes/Final 80"/0 30% Engine Company Manipulative 80% 35% Truck Company Manipulative 80% 35"/0 100% Total In addition to the above academic requirements, all Recruits will be required to successfully complete an approved EMT-1 Refresher Course with a minimum average of 80% on all exams and successfully perform all State mandated EMT-1 skills. Failure to maintain a 80% overall grade point average, a total of four (4) failures of any kind (i.e. quiz; test, certification), failure to complete all required task certifications before final pump and truck evaluations, or failure of the EMT-1 Refresher Course will result in termination from the Basic Fire Academy. If a Recruit has a total of three (.3) failures, the Training Officer will be notified. Fire Recruits shall successfully complete all required task certifications identified in the Fire Recruit Orientation Manual. Recruits are given 3 attempts to he successful at each certification. Failure of the 3"' attempt will result in termination. When a Recruits test score or skill performance requires remediation, a "Supplemental Recruit Evaluation Report" stating specifically the area of low performance will be issued. A successive or continuing problem will he considered whenever two or more substandard "Supplemental Recruit Evaluation Reports" are received in any one particular area. 3. TERMINATION There are several things that will cause a Recniit to be terminated from the Basic Fire Academy as outline above and in the Fire Recruit Orientation manual. If a Recruit is to be terminated: a. The Training Officer will be contacted immediately. The Training Officer will notify the respective department liaison. b. National City Recruits will report to National City Fire Administration (140 E. 12 Street, Suite A) with all materials and gear. 4. INJURY PROCEDURES If an injury to a Recruit is reported or observed, they will be evaluated by Academy Staff to determine course of treatment. 1. If minor, the Recruit will observe for remainder of day and agency specific documentation will be forwarded to Academy Coordinator. 2. If the minor injury worsens or initial injury warrants medical treatment, the Recruit will be taken to the agency specific Medical Provider. 3. The Fire Academy Coordinator will notify the Training Officer. The Training Officer will make proper agency notifications. 5. INSTRUCTOR UTILIZATION During the didactic phase of the Basic Fire Academy, NCFD and CSDFRD will team teach Confined Space Awareness, Weapons of Mass Destruction Awareness, and Hazardous Materials First Responder Operational certifications. NCFD personnel will shadow during Phase I of the manipulative portion of the Basic Fire Academy ending April 6, 2007 except for: 1. Live Burn Exercise* March 29, 2007 2. Auto Extrication/Ecology Auto Wrecking April 11 and 12, 2007 5 3. Rescue Systems/Rappel Training April 20, 2007 4. Final 'I'ruck/Pump Manipulative Exams May 14. 2007 *Live Burn Exercise exceeds standards for NFPA 1403 documented in Incident Action Plan 6. EQUIPMENT CACHE During Phase I of the manipulative portion of the Basic Fire Academy, NCFD will provide one Triple Combination Pump with basic equipment and hose supply to be utilized for training. NCFD has provided a total of (4) breathing apparatus with spare bottles to be utilized for Phase I and Phase II manipulative instruction including Final Truck and Pump Manipulative Examinations. 7. CERTIFICATIONS Certifications included in Basic Fire Academy: I Iazardous Materials First Responder Operational Confined Space Awareness Weapons of Mass Destruction (WMD) Awareness EMT I Refresher (24 hours) ICS 100 California Fire Fighter I 1,180 NIMS 700/800 S130/S190 (Wildland Training) *Recruits will also receive Critical Incident Stress Management and Diversity Training 8. LIABILITY It is mutually understood and agreed: a) Claims Arising from Sole Acts or Omissions of NCFD: NCFD hereby agrees to defend and indemnify CSDFRD, its agents, officers and employees from any claim, action or proceeding against CSDFRD arising out of NCFD's sole negligence in the performance of the Agreement. At its sole discretion, CSDFRD may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve NCFD of any obligation imposed by the Agreement. CSI )FRI) shall notify NCFD promptly of any claim, action or proceeding and cooperate fully in the defense. b) Claims Arising from Sole Acts or Omissions of CSDFRD: CSDFRD hereby agrees to defend and indemnify NCFD, its agents, officers and employees from any claim, action or proceeding against NCFD arising out of the CSDFRD's sole negligence in the performance of the MOU. At its sole discretion, NCFD may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve CSDFRD of any obligation imposed by the MOU. NCFD shall notify CSDFRD promptly of any claim, action or proceeding and cooperate fully in the defense. c) Claims Arising from Concurrent Acts or Omissions: NCFD hereby agrees to defend itself, and CSDFRD hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of NCFD and CSDFRD. In such cases, NCFD and CSDFRD 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 the following paragraph e). d) Joint Defense: Notwithstanding paragraph c) above, in cases where NCFD and CSDFRD agree in writing to a joint defense, and further agree in writing to waive any conflict of interest that may arise subject only to the discretion of joint defense counsel, NCFD and CSDFRD may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of NCFD and CSDFRD. Joint defense counsel shall he selected by the mutual agreement of NCFD and CSDFRD. NCFD and CSDFRD agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in following paragraph e) and CSDFRD further agrees that neither party may bind the other to a settlement agreement without the written consent of both NCFD and CSDFRD. e) Reimbursement and/or Reallocation: Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, NCFD and CSDFRD may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 9. UNDERSTANDING a) If any provision of the Joint MO1.l is determined to be invalid or unenforceable, the remaining provisions shall remain in force and unaffected to the fullest extent permitted by law and regulations. b) The parties to this Joint MOU agree that in the event of a dispute, the parties shall use their best efforts to resolve the dispute informally. The parties further agree that should informal dispute resolutions fail, the representatives signing the MOU on behalf of the public agencies will meet to resolve the dispute. c) This Joint M011 may only be modified or amended by written mutual agreement of all signatories to this agreement. Any party may terminate this Joint MUD by providing 60 days written notice to the other parties. 10. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the CSDFRI) and NCFD. It is agreed that this Memorandum shall be binding upon the parties upon: A. Fire Chief Tracy .carman and Fire C:hicf Roderick Juniel, by signature, formally approve and adopt these provisions within their respective jurisdictions. 11. TERM The term of this Memorandum shall begin on March 5, 2007. This Memorandum shall expire and otherwise be fully terminated at the end of June 2, 2007. Fire Chief'fracy Jarman Fire Chief Roderick Juniel San Diego Fire-Rescuc Department National City Fire Department EETING DATE June 5, 2007 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 (-ITEM TITLE WARRANT REGISTER # 42 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Tess E. Limfueco 619-336-4330 Ratification of Warrant Register # 42 per Government Section Code 37208. CEnvironmental Review Financial Statement Not applicable. N/A Approved By: Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,356,280.40 BOARD / COMMISSION_REgCOMMENDAJION . ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #42 2. Workers Comp Warrant Register dated 4/18/07 3. Payroll register dated 4(18/07 City of National City W ARRANT REGISTER # 42 4/24/2007 PAYEE AAIR PURIFICATION SYSTEMS AMEDEE AMERICAN HOMELAND SOLUTIONS ASSI SECURITY, INC. BATTERY SPECIALTIES C.G. SMr1'H DIST. CAI, EXPRESS CALIFORNIA COMMERCIAL ASPHAL CI III .DREN'S 11OSPT1'AL CIIOICEPOINT CITY-WIDE ELECTRONICS CMI, INC. CNOA COAST INDUSTRIAL SYSTEMS COUNTY OF SAN DIEGO CROWNE PLAZA D-MAX ENGINEERING INC DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS DEPARTMENT OF MOTOR VEHICLES DIXIELINE LUMBER CO. DOKKEN ENGINEERING 1)IJRRA INK EMCO INDUSTRIES. INC. DESCRIPTION LABORl1'RIP CIIG To REPAIR LEAK TRAVEL EXP FOR OTS SUMMIT ICS REGISTRATION-KILLACKY/MEDINA GO V ERNMENI'AI . PURPOSES DRY CELL BATTERIES TI1E BLUE ONE - LAMP CAL EXPRESS -MAR 07 ASPI IAI: I' CIIIIl) SEXUAL ABUSE EXAMS AUTO TRACK DATABASE ALARM SVC-INV 17603/1761)2/17601 LARGE GAS CYLINDER CNOA REGISIRATION-CARPENTER M. PURCHASE PARTS FOR PAINT PIMP ENGINE GENERATOR RENEWAL. HOTEL RESERV-KILLACKY/MEDINA MARCH 2007 SERVICES TIRES MAINTENANCE FOR MARCH 2007 2007 CA VEHICLE CODE ROOKS MOP 45707 HARDWARE SUPPLIES MARCH 2007 SERVICES MOP 46766 CITY ATTORNEY ENV CLEANER. DISINFECTANT CHK NO DATE AMOUN 214385 4/24/07 85.00 214386 4/24107 70.55 214387 4/24/07 1,186.00 214388 4/24/07 165.00 214389 4/24/07 133.44 214390 4/24/07 66.34 214391 4/24/07 60.70 214392 4/24/07 613.96 214393 4/24/07 718.00 214394 4/74/07 100.00 214395 4/24/07 390.00 214396 4/24/07 182.02 214397 4/24/07 180.00 214398 4/24/07 616.07 214399 4/24/07 259.00 214400 4/24/07 207 84 214401 4/24/07 12,41 "1.40 214402 4/24/07 2,827.3 3 214403 4i24/07 1,430 99 214404 4/24/07 353.72 214405 4/24/07 353.57 214406 4/24%07 '70,621.71 214407 4/24/07 114 19 214408 4/24/07 147.75 ESGIL CORPORATION FEDEX FIRE PREVENTION SERVICES INC: FIRE SERVICE SPECIF. & SUPPLY FLINT TRADING, INC. GARCIA GEORGE II WATERS NUTRITION C:NT GOVPARTNER GRAINGER HARRIS HEARTLAND COMM. FAC. AUTHOR) HORIZON HEALTH EAP IDENTIX INC. JEFFERSON PILOT FINANCIAL JJJ ENTERPRISE I WENFORCEMENTJOBS.COM I.IEBF.RT CASSIDY WHITMORE LINCOLN EQUIPMENT INC. LONGS DRIJG STORES LOPI-:7. MAN K-9 INC. MARSITAI.I. MIJSIC MINIJTEMAN PRESS MORGAN SQUARE, INC. ORIENTAL TRADING, CO., INC. OTS SUMMIT PF:RRY FORD 1'ERSONNEI, CONCEPTS LTD PT:RVO TRAFFIC CENTER 1'IIOFNIX WATER MANAGEMENT, 1. PRO TI CT AMERICA INC. PRUDENTIAL OVERALL SUPPLY PUBI.IC FMP RETIREMENT SYSTEM RAMIRFZ DIRE PLAN CHECK SRVCS MAR 07 LEAD ILAZARI) CONTROL SHIPMT FY06-07 APPORTIONMENT 49 FIRE DEPT SUPPLIES TRAFFIC CONTROL SUPPLIES EDUCATIONAL REIMBURSEMENT PARK OPENING CEREMONY CITIZEN REQ MGMNT SOFTWARE MISC CLEANING SUPPLIES SWAT TRAINING EXPENSES ANNUAL DISPATCLI SVC-4T11 QTR EMPLOYEE ASS1' PROGRAM ANNUAL HELP DESK MAINTENANCE LIFE INS APRIL 2007 LIBRARY -FIRE ALARM MONITORING ADVERTISING/PD REC POSITION RETAINER AGREEMENT MAR 07 BRUSH/CYANURIC ACII) TEST KIT MOP 45727 FILM PROCESSING TRANSLATION SVCS-APR 17, 2007 MAINTENANCE - MARCH2007 CONCERT BAND SHEET MUSIC MOP 47939 FORMS FY 06-07 APPORTIONMENT 49 MISC EASTER SUPPLIES -TINY TOTS TRAFFIC SAFETY - SUMMIT 2007 BRAKE REPAIRS SUBLET CA OSHA SUBSCRIP UPGRADE MOPI:63846 STREET STRIPING PAINT EQUIPMENT INSTALLATION ALARM MONITORING SVC FEB 2007 MOP 45742 TOWEL BATTI WHITE SERVICE PERIOD 04-07- 1 TRAVEL REIMB/SWAT TRAINING 214409 4/24/07 450.00 214410 4/24/07 26.87 214411 4/24/07 1,130.35 214412 4/24/07 66,5143 214413 4/24/07 3,000.48 214414 4/24/07 1,221.67 214415 4/24/07 179.00 214416 4/24/07 9,000.00 214417 4/24/07 "785.10 214418 4124/07 306.27 214419 4/24/07 25,824.00 214420 4/24/07 834.14 214 421 4/24/07 1,107.00 214422 4/24/07 1 1,3 19.78 214423 4124/07 97.50 214424 4/24/07 205.00 214425 4/24/07 1,300.00 214426 4/24/07 352.50 214427 1/24/07 38.1 214428 4/24107 100.00 214429 4/24/07 800.00 214430 4/24/07 73.31 214431 4/24/07 347.11 214432 4/24/07 9,795.93 214433 4/24/07 202.81 214434 4i24/07 250.00 214435 4/24/07 563.20 214436 4/24/07 58.73 214437 4124/07 364.26 214438 4/24/07 4,864.93 214439 4/24/07 89.85 214440 4/24/07 130.66 214441 4/24/07 215,347 33 214442 4/24/07 64_6. RUSS' BEE REMOVAL. S.D. COUNTY SIIERIFF'S DEPT. SAN DIEGO POLICE EQUIPMENT SC!IMIDT DESIGN GROUP SCI IMIDT SIIRFD FORCE SIGN MASTERS SII.VA SMART& FINAL. SMOLAR SOUTIIERN MUSIC STATE COMPENSATION INS FITNT) STEVENSON THE 1,IGIFIT IO1JSl':, INC:. THE STAR NEWS '11.JRF MAKER U.S. HEALTHWORKS UNION TRIBUNE PUBLISHING CO UNITED STATES TREASURY FIRST ADVANTAGE CORPORATION SAFETY-KLEEN SYSTEMS, INC. BEE, REMOVAL, 11SE OF SiIERIFF'S FIRING RANGE POLICE SUPPLIES PARADISE CREEK CD'S LIABILITY CLAIM COSTS/HUNTER-CNC SHREDDING SERVICE VINYL. FABRICATION & INSTALLATION PI JI3LIC EMIT, LAW TRAINING MOI'45756 NI IC CLEAN-IJP REFUND/DUPLICATE PAYMENT NC CONCERT BAND SIIEE:I' MUSIC WC CLAIM COSTS MAR 07 CONFERENCE IN NIWPC)RT REAC11 MOP 445726 I.I(il11 B111.HS, FUSE. AD OF PUBLIC 1TEARING ORDINANCE CORONA WEEl)ER MEDICAL, SERVICES/PTIYSICAI. RENEWAL TO YEARLY PUBLICATION 1ST QTR 2007-941/ 95-6000749 BREATH ALCOHOL. TESTS MAR 07 HAZMAT/GAS FILTER SRVC Workers compensation checks 214443 4/24/07 600.00 214444 4/24/07 400.00 214445 4/24/07 1,032.78 214446 4/24/07 19.37 214447 4/24/(17 99,5(1(1.00 214448 4/24/07 72.95 214449 4/24/07 425.00 214450 4/24/07 95.08 214451 4/24/07 145.12 214452 4/24/07 96.00 214453 4/24/07 123.06 214454 4/24/07 6,958.76 214455 4/24/07 256.50 214456 4/24/07 83.75 214457 4/24/07 133.25 214458 4/24/07 184.64 214459 4/24/07 240.00 214460 4/24/07 186.72 214461 4/24/07 246.46 214462 4/24/07 60.00 214463 4/24/07 1,670.00 Total 562,570.36 13043 4/18/07 10.79 13044 4/18/07 229.50 13045 4/18/07 32.98 13046 4/18/07 187.11 13047 4/18/07 43.78 13048 4/18/07 88.00 13049 4118/07 154.00 13050 4/18/07 132.00 13051 4/18/07 110.00 13052 4/18/07 38.50 13053 4/18/07 114.48 13054 4/18/07 273.39 13055 4/18/07 270.01 13056 4/18/07 327.50 13057 4/18/07 235.2 13058 4/18/07 195.45 13059 4/18/07 172.53 13060 4/18/07 162.53 13061 4/18/07 78.40 13062 4/18/07 167.97 13063 4/18/07 372.47 13064 4/18/07 1.392.32 13065 4/18/07 374.00 13066 4/18/07 100.66 13067 4/18/07 280.00 13068 4/1S/07 240.90 13069 4/18/07 440.00 TWA 6,224.53 Iota, 568,794 PAYROLL Pay period 301 Start Date End Date Check Date 3/27/07 4/9/07 4/18/07 '1'OTAI. $787,485.51 GRAND TOTAL $1,356,280.40 TRANSIT WARRANTS CHECKS 214462-214463 CKS 2 TOTAL $1,730.00 { City of National City, California COUNCIL AGENDA STATEMENT EETING DATE June 5, 2007 AGENDA ITEM NO. 14 ITEM TITLE WARRANT REGISTER # 43 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Tess E. Limfueco 619-336-1330 Ratification of Warrant Register # 43 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement (13.4JJ Approved By: Financ Director Not applicable. Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 205,456.63 BOARD / COMMISSION i} COMMENDATION L�enCr�u' ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #43 2. Workers Comp Warrant Register dated 4/25/07 A•200 ;9.99; City of National City WARRANT REGISTER # 43 5/1/2007 Payee Description chk no chk date amount RICHARD BLCKER SCULPTURE PYMNT fl2 - BRONZE SCULPTURE 200178 5/1/07 21,000.00 BOARD OF EQUALIZATION SALES & USE TAX I ST ORTR 2007 214464 4/25/07 8,530 00 CALIFORNIA COMMERCIAL P001. MUNICIPAL P001. IMPROVEMENT 214465 4/25/07 79,622.65 GARETII STEVENS, INC. BOOKS(READING IS FUNDAMENTAL, PROGR/ 214466 4/26/07 236.94 PINILLO PAYROLL GARNISHMENT PPE 04/23/07 214467 4/30/07 369.23 AAA RADIATOR WAREILOIISE AUTOMOTIVE PARTS 214468 5/I/07 123.80 ACEDO RETIREE IIEALTH BENEFIT- MAY 07 214469 5/i/07 160.00 ALLEN RETIREE HEALTH BENEFIT- MAY 07 214470 5/1/07 125.00 AMERICAN ROTARY BROOM CO., I MOP 1162683 SWEEPER PARTS 214471 5/1/07 176.35 ART D. NIE.LSEN PAINING, INC. CITY-WIDE PAINTING 214472 5/1/07 460.00 3EATON REFUND-DISM CITATION#P55478 214473 5/1/07 305.00 BOOT WORLD MOP #64096 MCDANIEL 214474 5/1/07 107.74 BOYI) RF.T1REl:: IIEALTH BENEFIT- MAY 07 214475 5/1/07 145.00 BRJI)(;F.S REFUND CIT#NC16I 121011 DISMSS 214476 5; 1/07 130.00 C W REED JR RETIREMENT 2000964-S90 MAY 07 214477 5/1/07 1,016.02 CALIFORNIA COMMERCIAL SECUR MOP #45754 KEYS 214478 5/I/07 196.02 CALIFORNIA POLICE CHIEFS' ADV RFG RODRG7JBOEGI.R/HERNDZ 214479 5/1/07 375.00 CARDOZA DOMAIN BOOKS FOR NEW RECRUIT 214480 5/1/07 138.84 CHEVRON USA, INC. MOT' it45699 GAS CREDIT CARD 214481 5/1/07 513.32 COPY POST PRINTING INKSTAMP 214482 5/1/07 298.13 CORONA REFITND ON BUSINESS 1.IC DENIED 214483 5/1/07 50.00 CORPORATEEXPRESS MOP 45704 DIVIDER FOI.I) 214484 5/1/07 487.17. CREST OFFSET PRLNITNG COMPAN NEWSLETTER POSTAGE 214485 5/1/07 2,700.00 CRICKET' COMMUNICATIONS D1.;1'OSIT#1128 1900 E PLAZA BLVD 214486 5/1/07 5A011.00 DAILY JOURNAL. CORPORATION SD COUNTY COURT RI.11.F.S SUBS 214487 5/1/07 81.95 DEFRALIS RETIREE HEALTH BENFI'IT MAY 07 214488 5/1/07 120.00 1 �i' mr�p•X�A Payee DEPARTMENT OF JUSTICE DICERCHIO DREDGE DREW FORT) DS}, EXTREME DURRA INK USER 11I EMERGENCY EQPT. ENGINEERING ENTERPRISE GROUP ESGIL CORPORATION EWERT, PHILLIP FEDEX KINKO'S FLEET SERVICES, INC FON-JON KENNELS GOMEZ GORMSEN APPLIANCE CO GRAINGER HAMILTON HARRIS & ASSOCIATES HOLLOWAY HOLMES HUNTER'S NURSERY INC. HUNTING SHACK, INC. IDENTIX INC. J & S INVESTMENTS KIMBLE KINKO'S NATIONAI. City of National City WARRANT REGISTER # 43 5/1/2007 Description FINGERPRINT APPS RETIREE HEALTH BENEFIT MAY 07 RETIREE HEALTH BENEFIT MAY 07 MOP 1149078 HOSE ASSEMBLY DSL SUPPORT SERVICE MOP 46766 BUSINESS CARDS TRAVEL EXPENSE - CLE SEMINAR CUFF CASE/RADIO HOLDER COPY PAPER PLAN CHECK SRVCS MAR 2007 RETIREE IIEALTI1 BENEFIT MAY 07 CARDSTOCK, COLORED POSTCARD MOP #67804 AIHOMOTIVE PARTS KENNEL FEES FOR POLICE K9'S DOMAIN BOOKS FOR NEW RECRUJIT MAYTAG-WASIIING MACHINE MOP 1165179 SUPPLIES RETIREE HEALTH BENEFIT MAY 07 DEPOSITN950 PACIFIC VIEW ESTATES RETIREE HEALTH BENEFIT MAY 07 REFUND/PROOF OF NON-LIAI3ILITY MOP 445719 HONG KONG ORCHID COPPER META!, JACKET FINGERPRINT SUBMISSIONS REFUND OF SI•:WF:R SRVCS FEES RETIREE HEAI:III BENEFIT MAY 07 4 LEARNING DOMAINS chk no chk date amount 214489 5/1/07 96.00 214490 5/1/07 70.00 214491 5/1/07 250.00 214492 5/1/07 244.25 214493 5/1/07 53.88 214494 5/1/07 412.60 214495 5/1/07 936.64 214496 5/1/07 1,614.51 214497 5/1/07 1,806.16 214498 5/1/07 3,725.58 214499 5/1/07 160.00 214500 5/1/07 239.5 214501 5/1/07 428.99 214502 5/1/07 425.00 214503 5/1/07 138.84 214504 5/1/07 1,150.58 214505 5/1/07 719.08 214506 5/1/07 100.00 214507 5/1/07 1,438.01 214508 5/1/07 150.00 214509 5/1/07 670.00 214510 5/1/07 145.18 214 511 5/1/07 1,949.85 214512 5/1/07 6.00 214513 5/1/07 1,282.32 214514 5/1/07 300.00 214515 5/1/07 180.E Payee KOLANDA LASER SAVER INC LL'X1S-NFXIS LINE BERRY MAC.IAS MARTINET. MASONS SAW & LAWNMOWER SR MATIF.NZO MAXIMUS, INC. MCCABE MI JRRAY v1YERS NAPA AUTO PARTS S NATIONAL LEAGUE OF CITIES NATIONAL NOTARY ASSOCIATION NEXUS INTEGRATED SOLUTIONS NOWDOCS INTERNATIONAL, INC. OUCIII'S POWER EQUIPMENT PACIFIC PRODUCTS & SERVICES PARTS PHIS AUTOSTORE 11713 PAUU PERRY FORD POTTER PRUDENTIAL OVERALL SUPPLY QI IAI.A-TEL ENTERPRISES RAY REDIKOP City of National City WARRANT REGISTER # 43 5/1/2007 Description RETIREE I IEALTH BENEFIT MAY 07 MOP 45725 IIP 4000 TONER ADMIN CRVC CHARG MAR 2007 DOMAIN B(X)KS FOR NEW RECRUIT DOMAIN HOOKS FOR NEW RECRUIT CITATION RE.FIJND-RPLC CK/I213990 MOP #45729 SMALL TOOLS RETIREE IIF.AI.TH BENEFITS MAY 07 FIXED FIT CONTRACT RETIREE HEALTH BENEFIT MAY 07 RI LIREE HEALTH BENEFIT MAY 07 RETIREE HEALTH BENEFIT MAY 07 MOP t45735 AUTO PARTS NEC/STATE LEAGUE DUES ANNIJAL MEMBERSHIP RENEWAL.. SOFTWARE MAINTENANCE CHECK STOCK MOP t145740 HEAD ASSEMBLY 'FELSPAR PERFORATED SIGN POSTS MOP tt64946 AUTO PARTS RETIREE HEALTH BENEFIT MAY 07 MOP 045703 FRONT SUSPENSION RETIREE HEALTH BENEFIT MAY 07 MOP t145742 UNIFORMS - PARKS INTERCOM/WIT11 BRACK1J RETIREE. HEALTH BENEFIT MAY 07 ADV/TRAV:CRJMINAL INVIS"LIGATION chk no chk date amount 214516 5/1/07 135.00 214517 5/1/07 141.27 214518 5/1/07 378.29 214519 5/1/07 138.85 214520 5/1/07 138.85 214521 5/1/07 25.00 214522 5/1/07 191.11 214523 5/1/07 100.00 214524 591/07 8,900.00 214525 5/1/07 280.00 214526 5/1/07 150.00 214527 5/1/07 140.00 214528 5/1/07 201.61 214529 5/1/07 4,130.00 214530 5/1/07 45.00 214531 5/1/07 284.00 214532 5/1/07 364.73 214533 5/1/07 190.06 214534 5/1/07 2,495.27 214535 5/1/07 183.89 214536 5/1/07 340.00 214537 5/1/07 189.72 214538 5/1/07 150.00 214539 5/1/07 482.55 214540 5/1/07 651.14 214541 5/1/07 190.00 214542 5;1707 688.36 3 City of National City WARRANT REGISTER # 43 5/1/2007 Payee RIVERSIDE COI INT'Y SHERIFF DEPT RODRIGI JE7 RUIZ SAN DIEGO INDUSTRIAL SBC/MCI SDG&E SHORT, CRAIG SILVA SMART & FINAL SOUTHERN CALIF TRUCK SLOP STARTECH COMPUTERS STRATACOM SUN BADGE COMPANY INC. THE GRANT INSTITUTE THE LIGHTHOUSE, INC. TURF STAR ULTIMATE OFFICE VALLEY INDUSTRIAL SPECIALTIES WATERLINE TECHNOI.O(;1ES WESTFLEX INDUSTRIAL WI1.1.Y'S ELECTRONIC SUPPLY Z.A.P. MANUFACTURING, INC. ZWE:I'I.OW, DAVID Description ADV REGIST/REDIKOP, BRIAN REFIIND/INCORRECT SSN PAID RETIREE HEALTH BENEFIT MAY 07 RECREATIONAL - MEMBERSHIP PHONE # 619 336 1330 2/1-3/12/07 FACILITIES DIVISION (;AS & ELECTRIC RETIREE HEADI'II BENEFIT MAY 07 REIMB/CAASD ANNUAL RETREAT MOP 45756 STORE M1SC MOP #45758 l UF.I. MOP 61744 DIGITAL CAMERA MOP 63845 BUSINESS I.ICENSE MOP 45761 Rl{G SIJNI' BDG REP ADV REGIST/rSPIRITU DAVID MOP 45726 AUTO PARTS MISC SUPPLIES S•I'ATIONMATF. DESKTOP FILE MOP #46453 DISHWATER FILTERS CHEMICALS FOR MUNICIPAL POOL MOP #63850 AI JTOMOTIVE PARTS MOP #45763 AUTO PARTS LETTERS & NUMBERS RETIREE 11E:AI.TI1 BENEFIT MAY 07 chk no chk date amount 214543 5/1/07 115.00 214544 5/1/07 460.00 214545 5/1/07 310.00 214546 5/1/07 195.00 214547 5/1/07 144.45 214548 5/1/07 27,064.20 214549 5/1/07 300.00 214550 5/1/07 143.74 214551 5/1/07 33.86 214552 5/1107 41.99 214553 5/1/07 1,031.76 214554 5/1/07 370.3 214555 5/1/07 249.10 214556 5/1/07 597.00 214557 5/1/07 609.39 214558 5/1i07 130.41 214559 5/1/07 82.54 214560 5/1/07 550.93 214561 5/1/07 1,942.95 214562 5/1/07 155.23 214563 5/1/07 24.22 214564 5/1/07 149.80 214565 5/1/07 150.00 Total S 197,338.29 Workers compensation checks 13070 4/25/07 287.15 13071 4/25/07 250.(. 4 Payee City of National City WARRANT REGISTER # 43 Description 5/1/2007 chk no chk date amount 13072 4/25/07 103.67 13073 4125/07 319.68 13074 4/25/07 68.62 13075 4/25/07 2,364.54 13076 4/25/07 95.63 13077 4/25/07 439.15 13078 4/25/07 516.46 13079 4/25/07 85.29 13080 4/25/07 110.02. 13081 4/25/07 167.39 13082 4/25/07 17.80 13083 4/25/07 59.29 13084 4/25/07 156.84 13085 4/25/07 167.97 13086 4/25/07 496.92 13087 4/25/07 400.00 13088 4/25/07 652.36 13089 4/25/07 400.00 13090 4/25/07 400.00 13091 4/25/07 460.00 13092 4/25/07 67.26 13093 4/25/07 32.30 5 City of National City WARRANT REGISTER fi 43 5/1/2007 i Payee Description chk no chk date amount Grand Total 205,456.63 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 15 1ITEM TITLE Public Hearing — An Appeal of the Decision of the Planning Commission to Deny a Conditional Use Permit to Operate a Banquet Facility at an Existing Adult Day Care Facility Located at 540 National City Boulevard. Applicant: Sabro Abro, Case File No. 2007-02 CUP, APN 554-042-10 and -17 PREPARED BY eggy Chapin, 336-4319 DEPARTMENT Planning EXPLANATION The Planning Commission held a public hearing on May 7, 2()07 and voted 4-3 to deny the Conditional Use Permit and approved the Resolution 31-2007 denying the request on May 21, 2007 with a 6-0 vote. The applicant appealed the Planning Commission decision on May 8, 2007 and paid the appropriate fee. The Land Use Code, Section 18.116.120 requires that the City Council conduct a public hearing on an appeal request within 30 days from the date the appeal is filed. The attached Background Report describes the proposal in detail. Environmental Review ,�_ N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION ce Staff Recommends Approval of the Conditional Use Permit request. BOARD / COMMISSION RECOMMENDATION The Planning Commission Denied the Conditional Use Permit. Ayes — Alvarado, Baca, Flores, Pruitt, Reynolds, De LaPaz Absent: Carrillo. L ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 5. Applicant's Proposed Plans 2. Location Map 6. Photos of the Site 3. Proposed Conditions of Approval 7. Applicant's Request to Appeal 4. Planning Commission Resolution No. 31-2007 A-200 (9/99) BACKGROUND REPORT The project site is an existing building located at 540 National City Boulevard within the General Commercial (CG) zone. The 7,500 square foot building is bordered by the National City Motel, the Value Inn, and the Howard Johnson Motel. A paved parking lot is located on the south side of the building and an unimproved lot with a concrete patio bordered by a wrought iron fence is located on the north side. The applicant currently operates an adult day health care at the site approved with a Conditional Use Permit on January 8, 2002. The Open Arms Adult Day Health Care (Open Arms ADHC) offers supervision, therapies, exercise, and meals for adult clientele over the age of 18, Monday through Saturday from 8:00 a.m. until 6:00 p.m. The applicant has indicated that he proposes to expand the use to offer banquet facilities to be held on Saturday evenings from 6:00 to 12:00 midnight primarily catering to quint eafiera events. The CUP would not be restricted to only those types of events, as they would be difficult to enforce. The banquet events may offer music provided by a disc jockey, however no live music is proposed. Since the events are conducted within an enclosed building and the adjacent motel buildings do not have windows bordering the subject property, noise heard beyond the exterior of the building is expected to be minimal. The application for thc banquet facility was received on January 3, 2007. Prior to that time, the City had received numerous complaints that banquets were being held without the necessary permits. Since the . approval of the CUP for the adult day care, the applicant has completed minor improvements to the site, such as exterior painting, installing awnings, and placing a wrought iron fencing across the parking lot and the unimproved lot. As a Condition of Approval of the adult day care, the applicant was required to install landscaping or parking on the north side of the building. To date, no landscaping or parking has been installed. Recently the applicant installed a paved patio measuring 23' x 35' and a handicap ramp at the north side of the building for outside recreation for the adult day care clients. However, access to the patio is restricted since the door from the building to the patio is inoperable. To improve this situation, staff has added a Condition to this request requiring restoration of the access so that clients and guests may use the patio. Also, as part of thc adult day care application, the applicant proposed to install landscape improvements within the south parking lot and along the parkway. These improvements have not been completed. The proposed Conditions of Approval for this request would require the applicant install landscaping bordering the parking lot and. along the parkway consistent with the National City Boulevard improvement plans. The applicant proposes to construct 11 spaces on the north side of the building and tandem spaces on the south side of the building. However, the Land Use Code does not permit tandem parking and based on a site review, the northern site would not accommodate 11 spaces due to the size of 2 the patio. However, based on the following parking analysis, adequate parking would he provided for the proposed use. Currently, 22 parking spaces are provided on the south side parking lot and there is adequate room on the north side of the building to install 9 spaces, for a total of 31 spaces on site. Based on the Land Use Code, Section 18.58.270, one space is required for each five scats. The banquet facility contains 20 tables with 8 seats at each table which would result in 32 required spaces. Therefore, there would technically, be a deficit of one space. For each banquet event, however, the applicant proposes to employ 10 attendants and 2 security personnel. The above parking allocation does not account for parking for. the employees as the Land Use Code is silent in this regard. However, the applicant has suggested that additional parking could be provided off -site at the Berge -Roberts Mortuary, which has 22 spaces available. Section 18.58.140 of the Land Use Code parking at an off -site location provided: • One use is primarily a daytime use and the other is primarily a nighttime use; • The off -site location must be within 150' of the use requiring the additional parking; • A formal agreement must be approved by the City Attorney and recorded with the County Recorders Office. The applicant has provided a letter of intent from the Berge -Roberts Mortuary to utilize the mortuary parking lot across National City Boulevard at the corner of E. 6th Street. Since the letter of intent from the Berge -Roberts Mortuary could be rescinded, should the applicant not be able to enter into a recorded agreement, the Council could consider granting the applicant an exception through the CUP for the one space deficit. The applicant's site plan reflects a ten -foot wide vehicle access in the rear setback, between the proposed use and the structure on the adjacent property to the west. Since the proposed vehicle access is less than 16' wide, it would not meet City codes and could not be used for vehicular access. Staff proposes that this space at the rear of the building would be fenced to restrict access and that a turnaround area would be provided at each parking lot to allow vehicles to enter National City Boulevard in a forward motion. Staff has included conditions requiring that the parking lots be improved with standard striped parking spaces; a turnaround space at the end of each aisle; a minimum of 20' aisle width (which may necessitate reducing the patio on the northern parking lot); an 8' high wrought iron fence at each end of the 10-foot rear setback area to restrict access; and a gravel base to be placed between the buildings to reduce maintenance. The applicant is not proposing to serve alcohol on site. A temporary alcohol permit issued by the Alcoholic Beverage Control Board would be required for any specific events when alcohol is served. The Police Department has requested that security be provided during the events and that the 10 foot wide setback at the west side of the building be fenced off to restrict any access that may result in undesirable activity. The Conditions of Approval reflect the Police Departments comments. The Planning Commission denied the request (4 to 3) on May 7, 2007 to operate the banquet facility due to the prior use of the site without the necessary approvals; noncompliance with 3 previous conditions of approval for the adult day care; and lack of a formal agreement for off -site parking. Resolution 31-2007 denying the request was approved by the Planning Commission (6 to 0) on May 21, 2007. Staff recommends approval based on the limited duration of the proposed request; landscape and parking lot improvements would be installed; prior to each event, the Police Department would be notified; and security personnel would be provided. 4 1 CONDITIONS OF APPROVAL 540 NATIONAL CITY BOULEVARD 2007-02 CUP 1. This Conditional Use Permit, 2007-02 CUP, authorizes the operation of a 7,500 square foot banquet facility from 6:00 p.m. until 12:00 a.m. on Saturdays at 540 National City Boulevard. Other than specific modifications approved pursuant to the public review process, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2007-02 CUP, dated April 11, 2007. 2. Documentation shall be provided that indicates the boundary adjustment has been recorded that specifically allocates the ten -foot wide section immediately west of the commercial building to the southern parcel, as required of the Resolution 2002-9. 3. 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 indicate a minimum of 15- gallon trees, shrubs, and ground cover along the border of the northern and southern parking lots, along the frontage of the street (between the sidewalk and the curb) consistent with the National City Streetscape Improvement Plans dated 11/06/06, and for all areas not utilized for parking. 4. The 10' wide setback area on the west side of the building shall be provided with a gravel surface to reduce maintenance and shall be fenced off at each end, with an 8' high wrought iron fence, to limit undesirable access. The applicant shall fence off this area to the satisfaction of the Planning Department and the Police Department prior to conducting any events related to this permit. 5. The applicant shall remove the permanent obstructions that restrict access to the patio and reopen the door on the north side of the building to allow access to the patio. 6. The applicant shall remove the trash and debris on the rear and the north side of the building and the inoperable vehicle parked on the south side of the building prior to operating the banquet facility. 7. The applicant shall apply for and obtain a business license and pay the appropriate fee for the operation of the banquet facility. 8. The applicant shall remove the temporary banners from the front and south side of the building until such time that an application for a temporary use permit is obtained. Contact the Planning Department for a Temporary Use Permit for the banner. 9. The applicant shall provide a paved parking lot on the north side of the structure to provide 9 parking spaces, including a turnaround space so that vehicles do not back out on to National 6 City Boulevard. All parking spaces shall be striped in accordance with city standards. The aisle width shall be a minimum of 24' wide. 10. The graffiti located on the wall along the property line and on the building shall be removed and the buildings repainted to match the existing exterior walls. All exterior walls of buildings and trash enclosures to a height of not less than six feet shall be treated with an anti -graffiti coasting. All graffiti shall be removed within 24 hours of its observance. 11. Any improvements 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. 12. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 13. 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. 1f it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Stonn 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. 14. 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. 15. 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. 16. The proposed trees at the southwest corner of the parking lot shall be relocated so as to not conflict with an existing 36" storm drain catch basin which is not reflected on the site plan. 17. The deteriorated portions of the existing street improvements (sidewalks 40", curb and gutters 20') along the property frontages shall be removed and replaced. 18. 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. 19. 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. 20. Project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 21. The address of the facility shall be clearly visible from the street, per approval from the National City Fire Department. 22. The applicant shall be required to provide, at a minimum, two bonded private security staff for all functions and that contact information and emergency evacuation and crowd control plans shall be submitted to the Police Department prior to any event. 23. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Forn 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 arc 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. 24. Approval of the Conditional Use Permit expires one (1) year after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. 8 RESOLUTION 3 I -2007 A RESOLUTION OF THE PLANNING COMMISSION OF TILE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO OPERATE A BANQUET FACILITY AT AN EXISTING ADULT DAY CARE FACILITY LOCATED AT 540 NATIONAL CITY BOULEVARD APPLICANT: SABAH ABRO CASE FILE NO. 2007-02 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Usc Permit to operate a banquet facility at an existing adult day care facility at 540 National City Boulevard at a duly advertised public hearing held on May 7, 2007, 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. 2007-02 CUP, 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 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 May 7, 2007, fail to support the findings required by the Land Use Code for granting any Conditional tJse Permit application that the proposed Conditional Use Permit will have an adverse effect on adjacent or abutting properties, and that the proposed use not deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission a the public hearing held on May 7, 2007 supports the following findings: 1. The site would have an adverse effect on adjacent properties since the proposed banquet facility would create parking problems since the off -site parking arrangement has not been formalized with an enforceable agreement thus, the Jong term availability of said off -site parking cannot be ensured and the off -site parking is not readily accessible since it is across a landscaped center divider on National City Boulevard 2. The owners of the facility have previously operated the facility without the appropriate permits as noted by documented Municipal Code Violations dated September 14, 2006, September 28, 2006 and November 27, 2006 on file at the City for operating a banquet 9 facility without the appropriate permits and business license and this continued non compliance is an indicator of future non compliance. 3. The owners have not complied with the Conditions of Approval for the existing, approved Conditional Use Permit 2001-14 (CUP 2001-14) for an adult day car since landscaping and/or parking improvements were not installed as conditioned and this disregard for prior Conditions of Approval is an indicator of future disregard for conditions placed in new activities. 4. The proposed use not deemed essential and desirable to the public convenience and welfare since banquet facilities arc offered at local restaurants, hotels, churches and public recreation rooms and the proposed use is not consistent with the Downtown Specific Plan which identifies medium density residential as the preferred land use. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application 2007-02 CUP. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final upon adoption, unless appealed pursuant to Chapter 18.116 of the Land Use Code of the City of National City. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 21, 2007, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Baca, Pruitt, Flores, Reynolds, DeLaPaz Carrillo det-ilte---/Lze- CHAIRWOMAN 10 it12' • 12 11 10 9 8 7 6 5 4 3 2 1• 1 SMALL CAR 35 34 33 28 27 25 STORAGE STCRAGE WOMB/. BAI.4 eJT c_ DANCING AREA OFFICE PREPARATION AREA 11 STORAG E TOAAG OFFICE p TP-7. Lt. OFFG:E ° STORA3E li 04•PhTE STORAGE STORAGE CFP10E STCAAGE 44 45 56 36 37 7•S'-A• A4' .1.1 titari.._ tc) u Lz_v-PtF--0 Site Photographs — 540 National City Boulevard 2007-02 CUP Roman Palace Banquet Facility Figure 1: South side parking lot and entrance Figure 2: North side of building — proposed parking lot with patio 12 "41. vAR Berge -Roberts Mortuary A Member of the El Camino Family • 607 National City Blvd., National City, CA 91950 March 26, 2007 To Whom It May Concern: License No. FL) 0284 (619) 474-6565 Fax (619) 474-8546 I, Andrea Limon — Perez acting supervisor of El Camino Memorial — National City (Berge — Roberts Mortuary) have come to an agreement with the business owner of Roman Palace. The agreement is as follows: Due to the size of the of his establishment and the occupancy of his parking lot is not adequate for his business size so to help alleviate the over flow of cars after hours (5:00p.m. — 12:00a.m.) I (we) have come to an accord to allow his patrons use of the mortuary parking that has room for approximately 35 vehicles. Our facility is located at; 607 National City Blvd. National City, CA 91950. This agreement is for overflow purposes only and is not intended for their prime parking. area. This agreement has been offered as a courtesy to his business, and can be revoked at anytime for any reason by any management personal of El Camino Memorial — National City (Berge - Roberts Mortuary). FREA LIMON-PERET ay Supervisor 1 National City Chapel Custom Funerals and Cremation F(1284 www elCaunnnrnrnwmaICOrn 60/ National City Blvd, National City, CA 9I950 (619) 474.6 565 rcl (619) 421 8546 Fax 1619) S71 1288 COI 1 Site Al u-u'reeka,ninomcvnoclot conl 27 tMAR'07 ctI•110:b6 13 (..ring for people. MaL'irm .+ Ji/lvr.m v 8 NRY '07 PM 2:25 SABAH ABRO 1064 Singing Ridge Road El Cajon, CA 920.19 May 8, 2007 The llonorable City Council Through City Clerk, National City 1243 National City Blvd. National City, CA 91950 Re: Appealing Planning Commission Decision CUP 2007-002 The Planning Commission in its meeting of May 7, 2007 denied my request for a Conditional Use Permit (CUP 2007-002) to operate a banquet facility at an existing Adult Day Care facility with a vote 4 to 3. The CUP was denied despite the Planning Department staff recommendation for approval. My request met the recommended findings for approval of the CUP as stated in the staff report. 1 am by virtue of this letter appealing the Planning Commission decision and request a hearing in front of the National City Council. Please confirm receipt of this letter as well as the hearing date. Thank you for your cooperation in this matter. ;erely, Sabah Abro 14 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 16 ITEM TITLE A Public Hearing to Consider a Trash Rate Increase for EDCO Disposal Corporation. PREPARED BY Jeff Servatius ` Ext 4586 EXPLANATION See Attached Report DEPARTMENT Public Works Environmental Review Ni N/A Financial Statement Approved By: Finance Director The proposed rate increase will fall on the recipients of trash service. A Franchise Fee of 9% will be paid to the City Account No. STAFF RECOMMENDATION Hold Public Hearing BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Letter sent to property owners (Proposition 218 requirment) 2. EDCO letter of April 2, 2007 A-200 (9l99) REFUSE RAPE RECOMMENDATION FOR FY-08 Basis: The rates for trash service are based on estimated quantities of various components, landfill and yardwaste tonnage, recyclables sold and the consumer price index (CPI). For the Rate Review the actual total cost/price of budget items is determined, and is compared to budgeted amounts. Overcollection/undercollection by EDCO occurs unless our estimates are uncannily exact. Overcol lecti on/undercollcction For FY-06 and FY-07 we used the rate of $35.54 per ton to detennine the rate. During the two years the curbside single stream recycling program netted $53,000+ over our projections and yardwaste recycling costs were $ 8,700± less than projected. EDCO hauled more trash than anticipated to the land fill resulting in an undercollection of $245,000+. When combined the programs gave us a total of $184,000+ of undercollected fees that is owed to EDCO. FY-08 Rate Factors: We did not have a rate increase, in FY-07 because an agreement between the Regional Solid Waste Authority and EDCO, but in that agreement was a catch-up provision for lost revenue to be paid in FY-08. In FY-08 the Land fill Tip Fee rate will increase to $37.93 per ton plus the lost revenue portion of $1.18 per ton, giving us a rate of $39.11 per ton for FY-08. We estimate the trash tonnage hauled to be similar to last year and for the cost of yardwaste recycling to increase $1.00 per ton. EDCO is owed for the undercollection from FY-06 and FY07 and they are entitled 2005's CPI of 4 % and 2006's CPI of 3%. EDCO will collect the 4% for 2005 but to ease rates they are offering to defer the 3% for 2006. Due to the increase in the California Redemption Value placed on certain bottles and cans we project a 7% increase in recyclable revenue and we will again have the contractor contribute $180,000 to the City's Enterprise Fund. • Enterprise Fund is funded by money collected by the contractor for the city from the rate payers. The fund is used to pay for AB939 programs such as Household IIaz=irdous Waste collection and the city's annual report required by the California Waste Management Board. The fund also pays for hazardous waste disposal collected from the public right-of-way and a street sweeper operator. Recommendations: • The contribution to the City's Refuse Enterprise Fund remain at $180,000 • The City Franchise Fee remain at 9% • The contractor receive 2005's CPI of 4 % and defer 2006's 3 % CPI increase • Increase the single family residential rate from $15.99 per month to $16.64 per month, Senior residential from $12.79 per month to $13.32 per month, Commercial/Industrial for one time a week pick-up of a 3 yard bin form $98.95 per month to $104.75 per month, with added collections per week also being increased. Multi -Family assessed per unit fee being increased from $0.90 per month to $0.94 per month, and the Silver Bags be raised from $2.19 to $2.28 per bag. Subscript: It should be noted that if approved, the single-family rate history would be as follows; FY-02, 03 FY-04, 05 FY-06, 07 FY-08 (with catch-up provision) $14.83 $15.33 $15.99 $16.64 City of National City Notice of Public Hearing to Consider Proposed Refuse Rate Increase Notice is hereby given that the City Council of the City of National City will hold a Public Hearing at a regular meeting of the City Council of the City of National City on June 5, 2007, at 6:00 PM, in the Council Chamber of the Civic Center, 1234 National City Blvd., National City, California, 91950 for the purpose of increasing rates for refuse services. At the public hearing, the City Council will consider objections and protests to the proposed charges either delivered to Attn: City Clerk, City of National City, by 12:01 PM., June 5, 2007, or filed with the City Clerk prior to the conclusion of the public hearing. A rate adjustment is being proposed due to the increased costs of providing refuse collection and recycling services to residential and commercial users of this service. The amount of your refuse bill is determined by the quantity and size of your refuse containers and the frequency of collection. This mailing serves as notice for the proposed adjustment to take effect on July 1, 2007. Additional data and information pertaining to this matter may be obtained from the Public Works Department, 2100 Hoover Avenue, National City, California, 91950. Current Monthly Rate Proposed Monthly Rate Residential Service Rates Base Rate Senior Discount Rate Silver Bag Rate Commercial Service Rates 3-yard bin once per week 3-yard bin twice per week 3-yard bin three times per week $15.99 $12.79 $2.19 per bag $98.95 $167.03 $235.12 S16.64 $13.31 $2.28 per bag $104.75 $176.80 $248.87 WASTE & RECYCLING SERVICES April 2, 2007 City of National City 1243 National City Boulevard National City, CA 91950 Honorable Mayor and Members of the City Council: EDCO has been pleased to serve as the waste collection and recycling service provider to the City of National City for many years. We look forward to continuing to provide the citizens and businesses with the highest -level of service. The agreement between the City of National City and EDCO allows for periodic rate adjustments based on the local consumer price index and a pass through of changes in disposal fees. As you are aware we did not request an adjustment in 2006, however escalating fuel costs and more importantly the increased costs of providing benefits such as healthcare to our valued employees influenced our decision to propose an increase. The calculation of our proposed adjustments is determined through a detailed formula utilizing the following factors: The Consumer Price Index (CPI) as published for the San Diego Region is 4.0% for the year 2006 As a member of the Regional Solid Waste Authority (R.SWA) National City's refuse tipping fee will increase by $3.57. The green -waste tipping fee is projected to increase by $1.00. Continued increased revenues from recycling has assisted in offsetting some of the above factors The following pages give the schedule of proposed adjustments to the rate structure. Should you have any questions please contact me at (619) 287-5696 ext 4204. Sincerely, John Snyder Vice President, EDCO "We'll Take Care of It" 6670 Federal Boulevard • 1 arnnn (ern in r.rrrr,,' 04 ant-. NATIONAL CITY RATE SCHEDULE July 1, 2007 RUBBISH AND GARBAGE 1. RESIDENTIAL Per month residential single family properties CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $15.99 $16.64 For the second and for each additional residential unit in multiple dwellings which do not exceed four units $12.61 $13.12 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $11.06 $11.51 3. APARTMENT HOUSES One time per week, per unit, per month $11.23 $11.69 4. SENIOR CITIZEN RESIDENTIAL Per month $12.79 $13.31 5. SILVER BAG SERVICE Per month $2.19 $2.28 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month $18.72 $19.82 Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month $34.83 $36.87 $44.77 $47.39 RUBBISH AND GARBAGE Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month Additional or unusual accumulation of rubbish (per cubic yard) BOX TYPE REFUSE SERVICE NATIONAL CITY RATE SCHEDULE July 1, 2007 CURRENT MONTHLY RATE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 2 3 4 5 6 7 1 2 3 4 5 6 7 1 2 3 4 5 6 7 1 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 13 26 39 52 .65 78 91 26 52 78 104 130 156 182 39 78 117 156 195 234 273 $55.34 $72.28 $18.72 CURRENT MONTHLY RATE $98.95 $167.03 $235.12 $305.21 $375.29 $445.38 $515.47 $169.04 $303.21 $437.37 $569.53 $701.70 $833.86 $966.02 $239.12 $435.37 $631.61 $825.85 $1,020.09 $1,214.33 $1,408.57 PROPOSED MONTHLY RATE $58.58 $76.52 $19.82 PROPOSED MONTHLY RATE $104.75 $176.82 $248.90 $323.10 $397.29 $471.49 $545.68 $178.95 $320.98 $463.01 $602.91 $742.83 $882.74 $1,022.64 $253.14 $460.89 $668.63 $874.26 $1,079.88 $1,285.51 $1,491.13 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH NATIONAL CITY RATE SCHEDULE July 1, 2007 CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 1 4 52 $309.21 $327.33 2 4 104 $567.53 $600.80 3 4 156 $825.85 $874.26 4 4 208 $1,082.16 $1,145.59 5 4 260 $1,338.48 $1,416.94 6 4 312 $1,594.80 $1,688.28 7 4 364 $1,851.11 $1,959.61 1 5 65 $379.30 $401.53 2 5 130 $699.70 $740.71 3 5 195 $1,020.09 $1,079.88 4 5 260 $1,330.47 $1,408.46 5 5 325 $1,640.85 $1,737.03 6 5 390 $1,951.23 $2,065.60 7 5 455 $2,261.63 $2,394.20 1 6 78 $449.38 $475.72 2 6 156 $831.86 $880.62 3 6 234 $1,214.33 $1,285.51 4 6 312 $1,584.79 $1,677.68 5 6 390 $1,955.25 $2,069.86 6 6 468 $2,325.70 $2,462.02 7 6 546 $2,696.16 $2,854.20 National City Rate History Residential Commercial 07/01/94 $ 16.30 $ 98.83 07/01/95 $ 14.85 $ 90.07 07/01/96 $ 14.36 $ 87.04 1 -3.3% -3.4% 07/01/97 $ 13.95 $ 84.54 2 -2.9% -2.9% 07/01/98 $ 13.95 $ 84.54 3 0.0% 0.0% 07/01/99 $ 13.95 $ 84.54 4 0.0% 0.0% 07/01/00 $ 13.95 $ 84.54 5 0.0% 0.0% 07/01/01 $ 14.83 $ 89.67 6 6.3% 6.1% 07/01/02 $ 14.83 $ 89.67 7 0.0% 0.0% 07/01/03 $ 15.33 $ 92.78 8 3.4% 3.5% 07/01/04 $ 15.33 $ 92.78 9 0.0% 0.0% 07/01/05 $ 15.99 $ 98.95 10 4.3% 6.7% 07/01/06 $ 15.99 $ 98.95 10 0.0% 0.0% 07/01/07 $ 16.64 $ 104.75 11 4.1% 5.9% City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 17 ITEM TITLE A Resolution of the City Council of National City approving a Trash Rate Increase for EDCO Disposal Corporation PREPARED BY Jeff SerJatius EXPLANATION Ext 4586 See Attached Report DEPARTMENT Public Works Environmental Review N/A Financial Statement Approved By: Finance Director The proposed rate increase will fall on the recipients of trash service. A Franchise Fee of 9% will be paid to the City Account No. STAFF RECOMMENDATION Adopt Resolution BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Letter sent to property owners (Proposition 218 requirment) 3. EDCO letter of April 2, 2007 A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REFUSE (TRASH) SERVICE RATE INCREASE FOR EDCO DISPOSAL CORPORATION WHEREAS, the last refuse (trash) service rate change for EDCO Disposal Corporation, the City's contract refuse hauler, was on June 21, 2005; and WHEREAS, the rate that the City must pay for refuse disposal is based upon landfill and yardwaste tonnage, recyclables sold, and the Consumer Price Index; and WHEREAS, the rate for refuse disposal that the City must pay is estimated to increase from $35.54 per ton to $39.11 per ton, effective July 1, 2007; and WHEREAS, the increase in the rate for refuse disposal requires an increase in charges to the City's rate payers, in order to adequately fund the City's program for refuse disposal; and WHEREAS, the City Council held a noticed public hearing on June 5, 2007, at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, for the purpose of considering an increase in rates for refuse services. At said public hearing the City Council considered any objections and protests to the proposed rates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the proposed refuse (trash)service rate schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved, effective July 1, 2007. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY RATE SCHEDULE July 1, 2007 RUBBISH AND GARBAGE 1. RESIDENTIAL Per month residential single family properties CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $15.99 $16.64 For the second and for each additional residential unit in multiple dwellings which do not exceed four units $12.61 $13.12 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $11.06 $11.51 3. APARTMENT HOUSES One time per week, per unit, per month $11.23 $11.69 4. SENIOR CITIZEN RESIDENTIAL Per month $12.79 $13.31 5. SILVER BAG SERVICE Per month $2.19 $2.28 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month $18.72 $19.82 $34.83 $36.87 $44.77 $47.39 EXHIBIT "A" Page 1 NATIONAL CITY RATE SCHEDULE July 1, 2007 RUBBISH AND GARBAGE Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month Additional or unusual accumulation of rubbish (per cubic yard) BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 2 3 4 5 6 7 1 2 3 4 5 6 7 1 2 3 4 5 6 7 1 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 13 26 39 52 .65 78 91 26 52 78 104 130 156 182 39 78 117 156 195 234 273 CURRENT MONTHLY RATE $55.34 $72.28 $18.72 CURRENT MONTHLY RATE $98.95 $167.03 $235.12 $305.21 $375.29 $445.38 $515.47 $169.04 $303.21 $437.37 $569.53 $701.70 $833.86 $966.02 $239.12 $435.37 $631.61 $825.85 $1,020.09 $1,214.33 $1,408.57 PROPOSED MONTHLY RATE $58.58 $76.52 $19.82 PROPOSED MONTHLY RATE $104.75 $176.82 $248.90 $323.10 $397.29 $471.49 $545.68 $178.95 $320.98 $463.01 $602.91 $742.83 $882.74 $1,022.64 $253.14 $460.89 $668.63 $874.26 $1,079.88 $1,285.51 $1,491.13 EXHIBIT "A" Page 2 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH NATIONAL CITY RATE SCHEDULE July 1, 2007 CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 1 4 52 $309.21 $327.33 2 4 104 $567.53 $600.80 3 4 156 $825.85 $874.26 4 4 208 $1,082.16 $1,145.59 5 4 260 $1,338.48 $1,416.94 6 4 312 $1,594.80 $1,688.28 7 4 364 $1,851.11 $1,959.61 1 5 65 $379.30 $401.53 2 5 130 $699.70 $740.71 3 5 195 $1,020.09 $1,079.88 4 5 260 $1,330.47 $1,408.46 5 5 325 $1,640.85 $1,737.03 6 5 390 $1,951.23 $2,065.60 7 5 455 $2,261.63 $2,394.20 1 6 78 $449.38 $475.72 2 6 156 $831.86 $880.62 3 6 234 $1,214.33 $1,285.51 4 6 312 $1,584.79 $1,677.68 5 6 390 $1,955.25 $2,069.86 6 6 468 $2,325.70 $2,462.02 7 6 546 $2,696.16 $2,854.20 EXHIBIT"A" Page 3 National City Rate History Residential Commercial 07/01/94 $ 16.30 $ 98.83 07/01/95 $ 14.85 $ 90.07 07/01/96 $ 14.36 $ 87.04 1 -3.3% -3.4% 07/01 /97 $ 13.95 $ 84.54 2 -2.9% -2.9% 07/01/98 $ 13.95 $ 84.54 3 0.0% 0.0% 07/01/99 $ 13.95 $ 84.54 4 0.0% 0.0% 07/01/00 $ 13.95 $ 84.54 5 0.0% 0.0% 07/01/01 $ 14.83 $ 89.67 6 6.3% 6.1% 07/01/02 $ 14.83 $ 89.67 7 0.0% 0.0% 07/01/03 $ 15.33 $ 92.78 8 3.4% 3.5% 07/01/04 $ 15.33 $ 92.78 9 0.0% 0.0% 07/01/05 $ 15.99 $ 98.95 10 4.3% 6.7% RI 07/01/06 $ 15.99 $ 98.95 10 0.0% 0.0% X 2 W 07/01/07 $ 16.64 $ 104.75 11 4.1% 5.9% M a City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 18 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING PUBLIC WORKS DIRECTOR TO SIGN A GRANT AWARD & AUTHORIZATION FORM FROM THE CALIFORNIA AIR RESOURCES BOARD ACCEPTING $394,650 IN REIMBURSABLE GRANT FUNDS TO PURCHASE $496,769 OF LOW -POLLUTING CONSTRUCTION EQUIPMENT FOR THE PUBLIC WORKS DEPARTMENT PREPARED BY Joe Smith,: �`A. DEPARTMENT Public Works Department Acting Public Works Director EXPLANATION The California Air Resources Board has announced that the City of National City Public Works Department has been awarded a grant in the amount of $394,650 for the purchase of low -polluting construction equipment. The "$25 Million for Purchase of Low -Emission Construction Equipment by Public Agencies Program" is a reimbursable grant program that will be used to purchase a total of $496,769 worth of equipment. The City will need to provide matching funds totaling $102,119. The equipment will consist of two construction tractors, a roller, backhoe, loader, and grader. The program requires the City to purchase low polluting construction equipment and scrap the old equipment, prior to applying for reimbursement. In order to participate, the Public Works Department must submit a signed agreement no later than 5 p.m. on June 30, 2007. All equipment must be purchased by June 30, 2008; however, the Air Resources Board reserves the right to grant extensions on a case -by -case basis not to extend past June 30, 2009. Staff recommends the utilization of $496,769 of City funds for the purchase of low -polluting construction equipment for the Public Works Department, and to request reimbursement of $394,650 for such equipment from the California Air Resources Board. This program was a competitive grant that required agencies to complete an application justifying the use of funds. Environmental Review N/A Financial Statement Approved By: Citvl Finance Direc[or The California Air Resources Board Program is a reimbursable grant that will reimburse $394,650. The City will need to provide matching funds totaling $102,119. FY-06/07 Vehicle CIP, Emissions Retrofit accounts may be used for the match. Account No. 644-422-223-511 / efer STAFF RECOMMENDATION Staff recommends the utilization of $496,769 of City funds for the Public Works Department to purchase low polluting construction equipment. Direct Staff to submit reimbursement forms for $394,650 to the California Air Resources Board. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. (. Grant Award & Authorization Form Grant Award Agreement Appendix — Individual Equipment Grant Amounts and Project Specifications Resolution A-200 19/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING PUBLIC WORKS DIRECTOR TO EXECUTE A GRANT AWARD AND AUTHORIZATION FORM FROM THE CALIFORNIA AIR RESOURCES BOARD ACCEPTING $394,650 IN REIMBURSABLE GRANT FUNDS TO PURCHASE LOW -POLLUTING CONSTRUCTION EQUIPMENT AT THE COST OF $496,769 FOR THE PUBLIC WORKS DEPARTMENT WHEREAS, the California Air Resources Board has announced that the City of National City Public Works Department has been awarded a reimbursable grant in the amount of $394,650 from the "$25 Million for Purchase of Low -Emission Construction Equipment by Public Agencies Program" for the purchase of low -polluting construction equipment at the cost of $496,769; and WHEREAS, the City will need to provide matching funds totaling $102,119; and WHEREAS, the construction equipment that will be purchased consists of two construction tractors, a roller, backhoe, loader, and grader; and WHEREAS, to ensure that the Public Works Department purchases the equipment prior to the grant deadline of June 30, 2008, the City funds must be used to order and/or receive equipment prior to that deadline, to enable staff to claim reimbursement out of the grant funding in a timely manner. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Acting Public Works Director to execute a Grant Award and Authorization Form from the California Air Resources Board accepting a $394,650 reimbursable grant from the "$25 Million for Purchase of Low -Emission Construction Equipment by Public Agencies Program" for the purchase of low -polluting construction equipment at the cost of $496,769 for the Public Works Department. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 'lb Linda S. Adams Secretary for Environmental Protection May 8, 2007 Air Resources Board Robert F. Sawyer, Ph.D., Chair 1001 1 Street • P.O. Box 2815 Sacramento, California 95812 • www.arb.ca.gov National City, Department of Public Works 2100 Hoover Avenue National City, CA, 91950 Dear Joe Smith: • Arnold Schwarzenegger Governor Congratulations, the National City, Department of Public Works has been awarded a grant in the amount of $ 394,650 for the purchase of low -polluting construction equipment from the Califomia Air Resources Board (ARB). This package includes all the items necessary to accept the award, the provisions for accepting the grant, and the necessary forms and checklist for requesting disbursements of the grant funds. These are described further as follows: 1. Grant Award and Authorization (2 copies) - This document authorizes the. ARB to obligate funds to your agency. There are two original copies of this document, one for your agency's records and one to be retumed to the ARB. Both copies and must be signed by the authorizing official and one copy retumed to the ARB absolutely no later than 5 PM June 30, 2007 (no postmarks, originals only) at the following address: Ms. Stacey Dorais Mobile Source Control Division Air Resources Board 1001 I Street Sacramento, CA 95812 2. Grant Award Agreement - This document describes the provisions for accepting the grant funds including the requirements for equipment specification, timeline for completing projects, monitoring and reporting, and other provisions. The Appendix of this Agreement includes all the equipment selected for grant funding and the maximum reimbursement amount for each piece of equipment. Please take careful note of the equipment specifications. ARB will not reimburse for protects that do not meet the specifications. 3. Grant Disbursement Request - This grant program is a reimbursement program. After the low polluting construction equipment has been purchased and the agency has taken possession of the equipment, a completed Grant Disbursement Request and all the necessary documentation detailed in both the The energy challenge facing Califomia is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs. see our wet,site: htlp://www.arb.ca.pov. Califomia Environmental Protection Agency Printed on Recycled Paper Joe Smith May 8, 2007 Page 2 Grant Award Agreement and the Grant Disbursement Request instructions are needed in order for ARB to disburse the grant funds. ARB or its designee may conduct an inspection of the new engine or equipment prior to authorization of the disbursement. We have scheduled a mandatory grantee conference call to ensure that all agencies are aware of the reporting and auditing provisions of the Grant Award Agreement as well as the requirements for grant disbursement. ARB will not process grants for agencies that do not participate in a grantee conference call. We strongly recommend that staff who will be responsible for the tasks described above participate on the call. Please respond to Mr. Shane Trimmer at strimmer@arb.ca.gov or by phone at (916) 323-2589 by 5:00 PM Friday May 18, 2007 with your preferred conference call. The conference call details are given below, please choose one: Conference Call 1: Tuesday May 22, 2007 9:30 to 10:30 AM Conference call number: (888) 560-8502 Passcode: 44989 Conference Call 2: Wednesday May 23, 2007 1:30to2:30PM Conference call number: (888) 560-8502 Passcode: 44989 If you have questions or need further clarification, please contact Ms. Johanna Levine at (916) 324-6971 or at jlevine@arb.ca.gov. We look forward to working with you and your agency in the months to come. Sincerely, Edie Chang, Manage Carl Moyer Off -Road Section Attachments: Grant Award and Authorization Grant Award Agreement Grant Disbursement Request l j• Funding under the $25 Million for Purchase of Low Emission Construction Equipment by Public Agencies Program (Program) has been approved as follows: Grantee: National City, Department of Public Works Contact Person: Joe Smith Project Life: 5 years Grant Award: $ 394,650 Grant Number: G06-PA49 The undersigned parties agree to the terms and conditions as set forth in this Grant and the attached Grant Award Agreement. The undersigned parties certify under the penalty of perjury that they are duly authorized to bind the parties to this Grant and the attached Grant Award Agreement. Air Resources Board: National City, Department of Public Works: Signature of Authorized Official ' Signature ofAuthorized Official Name: Marie Stephans Name: Joe Smith Title: Administrative Services Division Chief Title: Date: Date: 5�st -07 CONTACTS The Air Resources Board (MB),..contact for program,issues relating to this grant is Ms. Stacey. Dorais; Correspondence regarding required program reports should be directed to Stacey: Dorais Mobile Source Control Division, North Air Resources Board P.O. Box 2815 Sacramento, California 95812 Phone: t916) 322-2383 The ARB contact for financial matters relating to this Grant Award is Ms. Lauri Brunkhorst. Correspondence regarding financial matters should be directed to: Lauri Brunkhorst Administrative Services Division Air Resources Board P.O. Box 1436 Sacramento, California 95812 Phone: (916) 322-8215 tr Grant Award Agreement General The Grantee understands and agrees that, although Grantee is being awarded a Grant, such Grant is not being issued without conditions, and Grantee's receipt and continued possession of the Grant is contingent on Grantee meeting all the requirements specified in this Grant Award Agreement (Agreement). Grantee's failure to meet the terms, conditions, and requirements of this Agreement throughout the term of this Agreement shall result in forfeiture and return to ARB of a pro -rated portion of the awarded Grant, as specified in this Agreement, as well as other remedies that may apply under California law. Equipment Requirements • For purposes of this Agreement, "equipment" shall include engines, equipment, and retrofits, and. includes the singular and plural. • All "equipment" purchased under this Agreement shall be ARB certified or ARB verified and meet the most stringent oxides of nitrogen (NOx), particulate matter (PM) and reactive organic gas (ROG) or non -methane hydrocarbon (NMHC) standards and requirements applicable at the time the Grant is executed. • The new "equipment" must not have been purchased by Grantee prior to the date of execution of the Agreement. • For engine or equipment replacements, the engine or equipment to be replaced must be scrapped within 90 days after being replaced. For purposes of this Agreement, "scrapped" means destroying or rendering the "equipment" useless either by punching a hole in the engine block, and/or cutting the structural components of the equipment, or some other manner acceptable to ARB. The engine and/or equipment to be replaced shall either be scrapped by Grantee, or Grantee may transfer the engine and/or equipment to another agency which must in turn scrap an equivalent piece of engine and/or equipment approved by ARB. Documentation of the destruction of the engine and/or equipment that was replaced (i.e. photos, receipts, etc.) must be provided to the ARB or its designee within 10 days of the engine's and/or equipment's destruction. • Grantee shall operate all new or retrofitted "equipment" purchased under this Agreement for the project life's duration and for the estimated number of hours specified in this Agreement. Grantee shall operate all such new or retrofitted "equipment" solely within California during the estimated number of hours specified in the Appendix, and such estimated hours shall not include maintenance or testing of the "equipment". Project Completion Project completion is the time period from the date the ARB issues the Agreement to the Grantee to when the project becomes operational. This includes the time period when the "equipment" is ordered, delivered, and installed. The Grantee must complete the project by June 30, 2008. ARB reserves the right to grant extensions on a case -by -case basis provided a written request is submitted to ARB by May 31, 2008 that details the basis for the delay and the expected completion of the project. No projects may extend past June 30, 2009. Project Implementation/Life The project implementation (a.k.a. project life) means the period of time during which the Grantee is required to operate and maintain their Program -funded engine/vehicle according to the terms of this Agreement. The project fife is 5 years. The Grantee understands and agrees to operate the engine/vehicle according to the terms of this Agreement and to cooperate with ARB or its designee in implementation, monitoring, and enforcement. The monitoring phase shall be five years. Grantee understands and agrees that the ARB or its designee has the authority and reserves the right to monitor and enforce the terms of this Agreement at any time during the project life to ensure emission reductions are obtained. The ARB will seek whatever legal, equitable, and other remedies are available under State law for the Grantee's failure to comply with this Program's requirements and failure to fully perform under the Agreement. Monitoring/Reporting The Grantee shall monitor the Projects for the full project life of 5 years. The Grantee shall submit a copy of the required project reports to ARB by June 30 of each year of the project. The project report shall include "equipment" usage (hours of operation) and location. The Grantee shall maintain records and retain the records for at least three years after the termination of the Program. Description of "Equipment" • The description of the "equipment" can be found -in the Appendix. • ARB reserves the right to make modifications to a project provided a written request from the Grantee is submitted and approved by the ARB in writing. These modifications may be based on factors including, but not limited to, retrofit feasibility and actual project cost and subject to availability of funds. Maintenance of the Engine/Vehicle/Retrofit The Grantee is required to maintain the "equipment" according to the manufacturer's specifications for the life of the project. The Grantee shall not tamper or allow another to tamper with the "equipment". The Grantee is also responsible for installing and maintaining a working hour meter, or other ARB- In the event a dispute is not otherwise disposed of by the Grantee and the ARB contact staff specified in this Agreement, the Executive Officer of the ARB shall review and render a decision in full and final resolution within 30 days. All requests for resolution must be made in writing to the Executive Officer.. The Grantee shall continue to perform all duties and obligations specified in this Agreement while a dispute is under review. Severability If a provision of this agreement violates any applicable law or regulation, that provision will be stricken from the agreement, and all other provisions will remain in full force. Incorporation by Reference The Grantee's application for the Agreement is incorporated herein by reference. Governing Law This Agreement is governed by and shall be interpreted in accordance with the laws of the State of Califomia. Disbursement of Funds ARB shall reimburse the. Grantee an amount not to exceed the amount specified in this Agreement. Reimbursement under this Agreement is dependent upon submission of a written request using the provided Grant Disbursement Request form. The written request must include: • Grantee's business name • Grantee's mailing address • Grantee's Federal Employer's Identification Number (FEIN) • Contact name • Grant agreement number • Grant amount • Equipment identification number • Engine/retrofit serial number • Itemized invoice for all work completed or bill of sale. This invoice must not be dated prior to the effective date of the Agreement. Upon verification and approval of the written request, the Grantee shall receive payment in approximately four to six weeks. approved usage measuring device, for projects that document hours of operation as a means of calculating emissions reductions and cost-effectiveness. If the hour meter/usage device fails, the Grantee remains responsible for validating any hours not recorded by the hour meter/usage device. The Grantee must either repair or replace the non -operating meter/device or provide other documentation of "equipment" operating hours acceptable to ARB_ Nonperformance The ARB has the authority to fine the Grantee or seek other remedies available under the law for noncompliance with Program requirements and nonperformance with the Agreement. ARB reserves the right to consider unforeseen circumstances beyond the Grantee's control in determining penalties for nonperformance. Nonperformance that results in loss of emission reductions to be achieved pursuant to this Agreement shall result in forfeiture of the Agreement and retum to ARB of a pro -rated amount as follows: Money to be refunded = original grant amount X {1-[(actual use in hours)/(estimated use in hours)]} On -Site Inspections ARB or its designee(s) reserve(s) the right to inspect the "equipment" and/or records relating to the engine for the duration of this Program. Auditing Grantee agrees that the State shall have the right to audit all records relating to the Grant. Grantee agrees to maintain such records for a minimum of eight years after final payment, the end of the project life, or termination of this Agreement, whichever is later,unless a longer period is stipulated. Further, Grantee agrees to include a similar right of the State to audit records in any subcontract related to performance of this Agreement. Insurance Grantees are required to carry and (as required by annual reports or requested during monitoring and auditing) provide proof of insurance covering the new "equipment" throughout the term of the agreement. Indemnification Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. Disputes Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 211 ARB Equipment ID: 24.8 Equipment Grant Amount: $17,250 Existing Equipment • Equipment Type: Construction Tractor • Make: Case • Model: 595 • Model Year. 1990 Existing Engine • Make: International • Model: D268 • Model Year: 1990 • Horsepower Rating: 54 New Equipment • Equipment Type: Construction Tractor • .Estimated Equipment Usage (hours): 386 New Engine • Approximate Horsepower Rating: 47 • Engine Tier. 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 124 ARB Equipment ID: 24.6 Equipment Grant Amount: $67,650 Existing Equipment • Equipment Type: Loader • Make: Massey Ferguson • Model: 30H • Model Year: 1987 Existing Engine • Make: Perkins • Model: A3152 • Model Year: 1987 • Horsepower Rating: 49 New Equipment • Equipment Type: Loader • Estimated Equipment Usage (hours): 73 New Engine • Approximate Horsepower Rating: 73 • Engine Tier: 2 Retrofit • ARB Verified Level 3 Retrofit /0 Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 83 ARB Equipment ID: 24.5 Equipment Grant Amount: $17,250 Existing Equipment • Equipment Type: Construction Tractor • Make: Massey Ferguson • Model: 20F • Model Year: 1988 Existing Engine • Make: Perkins • Model: ADJ152 • Model Year: 1988 • Horsepower Rating: 49 New Equipment • Equipment Type: Construction Tractor • Estimated Equipment Usage (hours): 49 New Engine • Approximate Horsepower Rating: 47 • Engine Tier: 2 Retrofit • ARB Verified Level 3 Retrofit Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 78 ARB Equipment ID: 24.4 Equipment Grant Amount: $71,250 Existing Equipment • Equipment Type: Backhoe • Make: Massey Ferguson • Model: 50H • Model Year: 1985 Existing Engine • Make: Perkins • Model: A34236 • Model Year: 1985 • Horsepower Rating: 70 New Equipment • Equipment Type: Backhoe • Estimated Equipment Usage (hours): 52 New Engine • Approximate Horsepower Rating: 90 • Engine Tier: 2 Retrofit • ARB Verified Level 3 Retrofit 19- Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 • Grantee Equipment ID: 68 ARB Equipment ID: 24.2 Equipment Grant Amount: $27,000 Existing Equipment • Equipment Type: Roller • Make: Bomag • Model: BW 120 AD • Model Year: 1985 Existing Engine • Make: Duetz • Model: F2L511 • Model Year: 1985 • Horsepower Rating: 32 New Equipment • Equipment Type: Roller • Estimated Equipment Usage (hours): 19 New Engine • Approximate Horsepower Rating: 32 • Engine Tier: 2 Retrofit • ARB Verified Level 3 Retrofit /3 APPENDIX - Individual Equipment Grant Amounts and Project Specifications ly Funding under this Agreement shall be utilized by Grantee only toward the replacement of the following equipment with the purchase of the following technology. Grantee: National City, Department of Public Works Grant Number: G06-PA49 Grantee Equipment ID: 828 ARB Equipment ID: 24.12 Equipment Grant Amount: $194,250 Existing Equipment • Equipment Type: Grader • Make: Caterpillar • Model: 12F • Model Year. 1967 Existing Engine • Make: Caterpillar • Model: D333C • Model Year: 1967 • Horsepower Rating: 115 New Equipment • Equipment Type: Grader • Estimated Equipment Usage (hours): 155 New Engine • Approximate Horsepower Rating: 115 • Engine Tier: 3 Retrofit • ARB Verified Level 3 Retrofit /S $25 Million for Low -Emission Construction Equipment for Public Agencies Grant Disbursement Request INSTRUCTIONS TO COMPLETE GRANT DISBURSEMENT REQUEST When ready to request disbursement of funds, submit this "Grant Disbursement Request" form and the required documentation to: Ms. Stacey Dorais Carl Moyer Program AGPA Mobile Source Control Division Air Resources Board 1001 I Street Sacramento, CA 95812 Questions on this disbursement request should be directed to Ms. Stacey Dorais at (916) 322-2383 or sdorais@arb.ca.gov A. CHECKLIST: On Disbursement Request o Grantee's business name ❑ Federal employer's ID number JFEIN) ❑ Contact person ❑ Mailing address In addition, the following documentation must accompany this Disbursement Request ❑ Contact person for receipt of funds n Mailing address for receipt of funds ❑ Equipment ID number ❑ Grant amount ❑ Grant agreement number ❑ Signature of authorized official o New equipment serial number and new equipment ID (if applicable) • New engine serial number (if applicable) ❑ Retrofit serial number (if applicable) ❑ Agency's equipment ID for funded equipment ❑ Itemized invoice for all services completed or bill of sale ❑ Photographs of new equipment purchased through this grant O Documentation of destruction of old equipment and/or engine (i.e. photographs, invoice from scrap yard, etc.) to be completed by the ARB. B. To be completed by Grantee. 3. Grant Projects — Equipment ID Number. Enter the Equipment ID Number and reimbursement amount in the corresponding columns. Please make copies of the first page if more space is required for additional equipment NOTE: Agencies are only eligible for reimbursement up to the dollar amount for each piece of equipment in the Appendix of the Grant Agreement: 4. Total Funds Requested from Grant Award. Total of items in number 3. MSCD/ORCR/CMI' 4l /G $25 Million for Low -Emission Construction Equipment for Public Agencies Grant Disbursement Request Grantee: National City, Department of Public Works Grantee's Federal Employer's ID Number: Grant Number: G06-PA49 Contact Person: Joe Smith Contact Person four Receipt of Funds (if different): Address: 2100 Hoover Avenue National City, CA, 91950 See instructions on reverse Address for Receipt of Funds (if different): Amount of Funds 1. Total Grant Award for Projects. ;, . 2. Grant Award Funds for Projects Received to Date. 3. Grant Projects — Equipment ID Number: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 4. Total Funds Request from Grant Award. I certify to the best of my knowledge and belief that the information contained in this grant disbursement request agreement is correct and complete and is in accordance with the grant. In addition, I hereby authorize the Air Resources Board to make any inquiries to confirm this information. Signature of Authorized Official Name: Title: Date: State of California Air Resources Board MSCU/ORCD/CMY 41 /7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 19 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION TOWARD THE PURCHASE OF A MOBILE COMMAND VEHICLE FOR THE POLICE DEPARTMENT UTILIZING $50,479 FROM THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM s =2:3 PREPARED BY Craig Boegler DEPARTMENT Police Department (Ext. 4433) EXPLANATION The federal U.S. Department of Justice has announced the National City Police Department would be awarded $50,479 or 100% in new funding from the 2007 Edward Byme Memorial Justice Assistance Grant (JAG). The National City Police Department would like to utilize the funds toward the purchase of a Mobile Command Vehicle to replace the converted 1983 Bluebird bus. The City is required to make the grant application available for review by the City Council and assure that the application is made public and an opportunity to comment is provided to citizens for not fewer than 30 days. The City is not required to allocate any up front costs or matching funds to receive the funding. The 2007 Edward Byme Memorial Justice Assistance Grant (JAG) Program is a direct grant allocation that requires agencies to complete an on-line application and narrative justifying the use of funds. Environmental Review Ni N/A Financial Statement Approved By: C) Finance Director The FY07 Supplemental Law Enforcement Services Fund will provide $123,666 and the Police Department's Asset Forfeiture Fund will be utilized to complete the purchase of the Mobile Command Vehicle. Account No. STAFF RECOMMENDATION Staff recommends that the City Council begin the 30-day review and public comment period, and then authorize the purchase of a Mobile Command Vehicle from the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program utilizing $50,479 in grant funding. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Application — 2007 Edward Byrne Memorial Justice Assistance Grant Resolution A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION TOWARD THE PURCHASE OF A MOBILE COMMAND VEHICLE FOR THE POLICE DEPARTMENT UTILIZING $50,479 FROM THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the U.S. Department of Justice is currently reviewing a grant application from the City of National Police Department toward the purchase of a Mobile Command Vehicle for the Police Department; and WHEREAS, the City's Police Department is required to make the grant application available for review and public comment for not fewer than 30 days; and WHEREAS, the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a direct grant allocation program that entitles the Police Department to $50,479 upon approval of the grant application from the U.S. Department of Justice; and WHEREAS, the U.S. Department of Justice will award $50,479 or 100% in grant funding to the City of National City to be used to purchase a Mobile Command Vehicle. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the 30-day review and public comment of the National City Police Department's Grant application, and authorizes the grant purchase of Mobile Command Vehicle from the 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY POLICE DEPARTMENT Edward Byrne Memorial Justice Assistance Grant Program FY 2007 Local Solicitation PROGRAM NARRATIVE The National City Police Department (NCPD) is requesting approval to utilize its JAG program allocation of $50,479 toward the purchase of a Mobile Command Vehicle not to exceed $300,000. This project will deliver a mobile command vehicle to large scale incidents to reduce the loss of life and property at multiple -alarm fires, large hazmat spills, explosions, building collapses, train wrecks, extended search -and -rescue efforts, terrorist events, natural disasters, and, most importantly, high-rise rescue operations. With the new mobile command vehicle, the NCPD feels we can make a big impact on citizens of all ages traveling throughout South San Diego County. National City is a coastal city located immediately south of San Diego and ten miles north of the United States/Mexico border. The city covers 8.5 square miles and has approximately 63,000 residents. Three high traffic freeways intersect National City: San Diego Freeway (1-5), South Ray Parkway (S-54), and the Jacob Dekema Freeway (I- 805). As a result of its proximity to these major freeways, there is a substantial amount of day and nighttime traffic that passes through National City. A key element in the management of any major incident is a command and communication area where the top staff can monitor the situation, plan their response and communicate directives. It needs to be an area separate from the noise and activities of the incident scene, yet close enough to he accessible. Our problem is that we need to replace an aging bus that serves as the NCPD mobile command vehicle. The bus is a 1983 Bluebird model that has long surpassed the NCPD's 10-year replacement schedule. Going beyond the replacement schedule is significant due to the buses inability to respond during emergencies. Maintenance issues have grown over the years to the point that the costs to repair the bus have become insurmountable. As a result, the bus is rarely moved; except during the I loliday season when it is moved to the local Wal-Mart to give the impression of law enforcement presence. Without centralized coordination from a mobile command vehicle, major emergency operations in the City will be slow and inefficient, which delays the safeguarding of the lives and property of National City residents. Implementation of this project will reduce inefficiencies in joint incident command operations. "this project will ensure the City has an equipped mobile command vehicle capable of establishing 1200 National City Boulevard, National City, CA 91950 • (619) 336-4433 • (619) 336-4525 fax NATIONAL CITY POLICE DEPARTMENT response and recovery operations by having an immediate direct line of communication with field operations, San Diego County officials, and National City residents/visitors. BENEFITS: Obtaining a new mobile command vehicle is key to enhancing the City's efforts to provide effective coordination during emergency operations. The events on 9/11 have taught us that our ability to communicate on -scene is absolutely necessary. A mobile command vehicle will allow the NCPD to plan and respond in a coordinated effort to resolve large-scale emergencies. Use of a new mobile command vehicle will allow NCPD to provide direction, control, and coordination of emergency operations. 1200 National City Boulevard, National City, CA 91950 • (619) 336-4433 • (619) 336-4525 fax NATIONAL CM POLICE DEPARTMENT Edward Byrne Memorial Justice Assistance Grant Program FY 2007 Local Solicitation BUDGET NARRATIVE The proposed Mobile Command Vehicle will not exceed $300,000. Due to time constraints, the NCPD did not have enough time to receive quotes. Based on this research, the NCPD will proceed with the purchase of a Mobile Command Vehicle that will not exceed $300,000. Item Description Mobile Command Vehicle Budgeted Amount Not to Exceed $300,000 TOTAL Not to Exceed $300,000 1200 National City Boulevard, National City, CA 91950 • (619) 336-4433 • (619) 336-4525 fax NATIONAL CITY POLICE DEPARTMENT Edward Byrne Memorial Justice Assistance Grant Program FY 2007 Local Solicitation REVIEW NARRATIVE On several occasions, the National City Chief of Police has mentioned the possibility of this grant program financing this project. Communications from the public have been positive for these improvements to take place. Due to the date of notification of the 2007 JAG program, circumstances were no longer possible to meet the 30-day review period, prior to the application deadline of July 2, 2007. The application will be placed on the June 5, 2007, City Council agenda for review and comment, which will begin the 30-day review period. As stated in the FAQ's on the JAG website, BJA will begin processing the application that have not yet met the 30-day requirement (at the time of submission), but will not formally award those applications until the 30 days have passed. Once we have received verbal authorization to continue with the application process on June 5, 2007, we will submit the application prior to July 2, 2007. 1200 National City Boulevard, National City, CA 91950 • (619) 336-4433 • (619) 336-4525 fax City of National City, California COUNCIL AGENDA STATEMENT 20 MEETING DATE June 5, 2007 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FY2006/07 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND WORTH $123,666 TO THE NATIONAL CITY POLICE DEPARTMENT TOWARD THE PURCHASE OF A MOBILE COMMAND VEHICLE ` S = 21.--r PREPARED BY Lt. Craig Boegler DEPARTMENT Police Department (Ext. 4433) EXPLANATION Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the State COPS program, the City of National City was allocated $123,666 as its share for fiscal year 2006/2007. The City Council is required to appropriate existing and anticipated COPS funds exclusively to front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. The City is required to submit an approved expenditure plan to the Supplemental Law Enforcement Oversight Committee (SLEOC). After the SLEOC approves the expenditure plan the funds will be transferred to the City. The Police Department requests approval to purchase a Mobile Command Vehicle to replace the converted 1983 Bluebird bus. Environmental Review NIA Financial Statement Approved By: A Finance Director The 2007 Edward Byme Memorial Justice Assistance Grant will provide $50,479 and the Police Department's Asset Forfeiture Fund will be utilized to complete the purchase of the Mobile Command Vehicle, Account No. STAFF RECOMMENDATION Staff recommends approval of the expenditure plan to purchase a Mobile Command Vehicle from the FY07 Supplemental Law Enforcement Services Fund Program. Direct Staff to seek additional funding to complete the purchase. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution A-200 (9/99) RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF 2006/2007 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS WORTH $123,666 TO THE NATIONAL CITY POLICE DEPARTMENT FOR THE PURCHASE OF A MOBILE COMMAND VEHICLE WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide Supplemental Law Enforcement Services Funding (SLESF) for public safety purposes; and WHEREAS, under the State COPS program, the City of National City was allocated $123,666 as its share for Fiscal Year 2006/2007; and WHEREAS, the City Council must designate an eligible public safety program for which the annual fiscal year COPS grant will be appropriated in order to receive such grant; and WHEREAS, pursuant to the recommendation of the Police Department, the City Council has determined that the purchase of a Mobile Command Vehicle is an appropriate expenditure of said grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby designates and therefore appropriates the anticipated grant funds of $123,666 in FY 2006/2007 SLESF funding for the purchase of a Mobile Command Vehicle. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City COUNCIL AGENDA STATEMENT MEETING DATE: June 5, 2007 AGENDA ITEM NO. 21 r ITEM TITLE: Resolution amending City Council Policy 4..801 in regards to Recreational Field and Facility Rules and Regulations PREPARED BY: Rudy Lopez' (619) 336-4560 EXPLANATION: Please see attached explanation. DEPARTMENT Community Services Environmental Review N/A Financial Statement Depending on the Fee Schedule adopted, there may be recovery of maintenance and/or utility costs. STAFF RECOMMENDATION Approve the resolution amending City Council Policy 4801 in regards to Recreational Field and Facility Rules and Regulations with Option C as the recommended fee schedule. BOARD/COMMISSION RECOMMENDATION The Parks and Recreation Advisory Board recommends approval of the proposed policy with exception of Item K, "Fees and Charges". .ATTACHMENTS (Listed Below) Resolution No. 1. Proposed City Council Policy 0801 with options for fee schedule 2. Resolution RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NUMBER 801 PERTAINING TO PARKS AND RECREATION FACILITY RULES AND REGULATIONS BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 801, currently entitled "Parks and Recreation Facility Rules and Regulations", is amended as recommended by the Interim Community Services Director. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. DaIla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXPLANATION: The purpose of this report is to recommend the City Council adopt a resolution that would amend City Council Policy #801 on"Recreational Field and Facility Rules and Regulations'(proposed new title). On November 12, 1991 the City Council adopted Policy #801 on" Parks and Recreation Facility Rules and Regulations'. The revised title is inclusive of City fields as well as recreational facilities. The proposed Policy covers only recreational fields and facilities as the use of other City facilities is governed under a separate Council policy. A subcommittee consisting of Councilmembers Luis Natividad and Rosalie Zarate, Acting Community Services Director Rudy Lopez, Recreation Superintendent Kaseem Baker, Parks Superintendent Miguel Diaz, and Park Supervisor Victor Uribe met several times during March and April 2007 to review, update and fine-tune the Policy. A proposal went before the City Council on April 17, 2007 at which time stair was directed to come back with more information pertaining to the proposed fee schedule and with input from the leagues. A meeting was held on May 8, 2007 to which representatives from leagues and other user groups (Pony/Colt Baseball, National City Girls Softball, South Bay Eagles, Las Palmas Little League, Kimball Park Little League, World Wide Soccer, National City Senior Softball, and National City Diablos) were invited, by mailed letter, to submit input on the proposed changes. Representatives from three groups attended (National City Girls Softball, National City Senior Softball, and National City Diablos). Two members of the Parks and Recreation Advisory Board, Chairman James Grier andBoardmember Stephen Lynch, were also present. Additionally, the subcommittee met once more to incorporate league input and to develop the attached staff recommendation. Significant changes to the proposed Policy include: - • Updated application process requiring submittal of field/facility request, available enrollment data, and current organization bylaws at time of request. • Roster verification requirement with minimum data requested. • Priority in scheduling for resident and non-resident teams/leagues, where 70% is the defined threshold for meeting residency eligibility. • Twice -yearly field allocation meetings to equitably schedule field use amongst requesting organizations. • Updated rules for use of recreation buildings. • Updated rules for use of court areas. • Updated rules for use of fields including score shacks and snack bars. Additionally, staff proposes the following options for Item K,"Fees and Chargeg': Option A A fee schedule as follows: User Fee: Resident teams Non-resident teams Field/Facility Maintenance Cost Recovery: Resident teams Non-resident teams Use of Athletic Field Lights: Resident teams Non-resident teams $25 per hour, 2 hour minimum $50 per hour, 2 hour minimum $25 per hour, 2 hour minimum $50 per hour, 2 hour minimum $10 per hour, 2 hour minimum $20 per hour, 2 hour minimum All City sponsored activities and the following National City organizations will not be subject to the User Fee: Little Leagues, Pony League, Colt League, Thoroughbred League, Girls Softball League, Pop Warner League, Senior Citizen Softball League, National School District, Sweetwater School District, and the National City Swim Club. The City reserves the right to add or subtract organizations from this list. Option B Flat fee per season as follows: Adopt fee schedule from Option A. Calculate total amount of fees owed by each league based on anticipated usage prior to beginning of each season. Charge each league 30% of total owed base on fee schedule. Example: Resident team uses fields 10 hours a week for 4 weeks, no lights. Total cost based on fee schedule is $1,000. Flat fee for season is $300. Option C A fee schedule as follows: User Fee: Resident teams Non-resident teams Field/Facility Maintenance Cost Recovery: Resident teams Non-resident teams Use of Athletic Field Lights: Resident teams Non-resident teams $25 per hour, 2 hour minimum $50 per hour, 2 hour minimum $5 per participant, per season $10 per participant, per season $10 per hour, 2 hour minimum $20 per hour, 2 hour minimum All City sponsored activities and the following National City organizations will not be subject to the User Fee: Little Leagues, Pony League, Colt League, Thoroughbred League, Girls Softball League, Pop Warner League, Senior Citizen Softball League, National School District, Sweetwater School District, and the National City Swim Club. The City reserves the right to add or subtract organizations from this list. Option D Utilities -only fee schedule: Use of Athletic Field Lights: Resident teams Non-resident teams $10 per hour, 2 hour minimum $20 per hour, 2 hour minimum The proposed fee schedules are designed to recover some costs associated with the maintenance and operation of recreational fields and facilities. They are not intended to produce revenue. The attached matrix, a comparison of National City's current fee schedule with those of cities with comparable populations and/or median income, was used to determine the proposed fee schedule. The cost to maintain one field is at a cost of $31.05 an hour per staff member. The amount of time and personnel needed to provide maintenance varies on the field and type of maintenance (football vs. baseball; drag only vs. mow, water, and drag). The cost of electricity is estimated as each field is not individually metered. This staff report in its entirety will have been made available to the above listed leagues prior to the June 5, 2007 City Council meeting. Cit National City *La Mesa San Ysidro Apple Valley Chula Vista it o an ire•ol- Po•ulation 54- 54,749 13,656 54- 173,556 Median Income $ 31,497 $ 50,398 $ 16,333 $ 45,070 $ 44,861 User Fee NA $4 per participant $10hr $5hr $20 Non Resident fee NA $5 per participant $20hr NA $40 Li• ht Rental Fee $5+electricit $20 $27hr $1� $30 Non Resident $21+electricity $30 NA NA $60 Maintenance NA NA Adult Sports Fees Adult Sports Fees $12hr (Staff Fee) min 4hrs Recove Fee Cit San Fernando Imperial Beach Coronado Escondido Po•ulation 23,564 26,992 24,100 133,559 Median Income $ 39,909 $ 35,882 $ 66,544 42,567 User Rental Fee $10hr $ $10 $7hr Non Resident fee $25hr $20hr $20 NA Li. ht Rental Fee $10hr $10hr = $15 Non Resident $30hr NA NA NA Maintenance NA $25hr Tournaments NA Recovery Fee "` City of La Mesa has established an Athletic Council that participants that are seeking field use must be a part of in order to be considered for field use. Any new members to the council must sit on the board for 6 months before they are considered for field use. CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 A. INTENT B. A. GENERAL POLICY It is the intent that these Rules and Regulations e made general health and welfare of the residents of t e City of are based on the following precepts: 1. Facilities and services should bble t discrimination. , c\ 2. The recreational pr rai shou/d i clu e a all age groups - d intere ts. i I t 3. Under certai use of faciliti Mainten maintain pl- , bilit nc he of • all eop ide variet ons, N AVA LA ILI 0 s eci lizeIprp ram m y b an re ov ion uJt e sch d led comrrfunity s hi standards f :est the City' aciliti s. condi s a d 0 -EX LU► I E . E f th • • Ci se rga f th iza he rgajiza ) on ERMI REQUIRED all ao ree ports! • de•ir=s to on II a s re • h • wo e-ti to s e or GENERAL RULES ►- Page 1 of 17 . p� na i ote the Cit , and witho t of act vitie for FACILITIE charged. ferps for nd implemented to etics and sustain the permit must be obtained at the Community Services Department prior to field or facility usage. CITY OF NATIONAL CITY fa ion ilit t anizations, or the City itself, to share casional or permanent basis, the shared use. In return, the City shall adjust ilities accordingly. CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 2of17 1. Season: For purposes of this procedure, the seasonsare este Ii hed as follows: a. Fall / Winter: August 1-November 30 b. Spring / Summer: February 1-May 31 2. Priority use will be given to those users who.e sport h as "In Season". 3. When questions arise as to whi' "In Season", California Intersch' be. considered. B. APPLICATIONP CESS sea lastic on a eder 1. Each organi ation i requ red tjo siiif mit ava lero ers' enr Ilm nt dicta, c rre t rrent udi d fi an ial tate edt [ s re �designati n] at ti e f fi Id rzo uelsCand p permit. ur nt ters, re d e by the co se nd w e of play. ny fe s due must prior o th • ate of rese ati • n. D ine f t rough A g st for th fo low J nu ry 7 th oug ebru ry 8 f ga izati n mi si g the : de fi Ids on n as vai ble" a • • field ooe a pr group encour • Po do sh • IF oee cla$sified Id be c assi ied comp titio will Field Reque.t, ation bylaw , .fld ed for 501(c)(3) to • eing granted a use letio of the season's e pai• within 10 working days r = bmittals will be August 1 g sp in ummer field use, and from r the ollowing fall/winter field use. Any dlines will have access to any remaining only. Fa or lui io • ility ani all tion ee ' - g will be held twice a year and will be comprised re ent tive from each participating organization, City staff and es nt iv of the Parks and Recreation Advisory Board. This ill m et to review the applications, allocate fields equitably, and age optimum cooperation between all user groups. c re iy organization that has fields or facilities of its own must first fully utilize those resources before requesting City Fields and Facilities. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 3 of 17 /71 4. The formula used to determine field allocation percentages will as follows: The total number of players, divided by 12, equ t e numbe teams. The number of an organization's to , div •ed by the total number of all participating teams, equal- at orga z. .n's eld allocation percentage. Note: If there is ample field space,.a1ii ld all •cati4n meeting ay n•t be needed, and space will be given base on t e poritist. C. STANDARDS FOR ISSUANCE � J The Community S ices Departrrien y or/usE it finds: 1. Tthat�he pr ublic heal or grog\a t th tthe orf Th th bur en op rati C ief o / That the facilities desired have not been previously reserved. Tat all requirements of Chapter 15.60 of the Municipal Code have een met. p opo h, s. • ed elfa ctiv e, s, v' 1 posed acftivity �r use is not dnl:wf plic twill isprnse Ic olic beverages in, or on the t. fet , orl a pit hereu der when f fa lity will ot pose a h . CI to erfe ith 1 ity recreation activities a•y icili y � t ot p •po o ee ns (P P•lice edctivi , wikl'not entail unusual, extraordinary or pen.e to e City or involve excessive police lice . - curity arrangements: must be approved by the .rhis designee.) 7. Use of recreation buildings for private groups will not be allowed. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 4 of 17 8. Use of facilities will not be granted for the purpose of profit m without prior City Council approval. 9. That the organization will mandate that all coachi Positive Coaching Alliance standards or a pro• . m si standards. National City encourages each •rganizati background checks on all volunteers. D. EFFECT OF PERMIT A permit shall be bound by the Coi Regulations and all applicable ordi set forth in the permit �\ E. REVOCATION The C unity Se hayhay.eihe aU hor ty t (vision he eof, or r1 munir ances Se as fu t ice Dir ctor or ill/herde rev. ke pe mit u on fi di p g7od cus shown\ F. SEC TY OR ACTIVI G. Activities minimum equire tl attendan for rati ie s e. iinors. of (1) onsori ADVERJISI G 1. Iadv rtisin9,ifi parks or public recreation facilities is permitted without prior approval of the Community Services Department and compliance with t�hie appropriate ordinances. No soliciting, circulating of petitions, or use of sound trucks or platforms is permitted without written approval of the Community Services Director and compliance with the appropriate ordinances. ES F ' R MINORS st b -' a ult fo ig roup ices ep ly as thou s 0 • e adhereje lar in t• :erfo-m rtment Rubs and h the am$ were ign ted represe g o violation of any t hie shall sed •y sponsible adults on a thirty 0) minors. The Department may provide security personnel to be in F CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 H. HOUSE RULES 1. Each group or organization that applies for use of a Cit given a set of General Rules. The General Rules wil guidelines governing the use of that facility. -77 2. Games and practices can begin no earlier t an 12:000 weekdays and 8:00 a.m. on weekends unle s prio the Community Services Director h's/her esi obtained. No games and/or pra e sc without prior approval from the ' ervi designee. 3. Games and pr written appr designee ha 0 eekeny u- discretion of Or nizatjo ing t sl�hedlule equ s reser�res t e s he ces ca\ end al from theom been obtai ed. tices omm may pity • o I ter an u i y•Sc rvic e,o a r gul r b sis m yb s the o mu ity a es Direct s/groups 4tilizin lighted proper use of li hts th t 'r app 'ca ion ed f �Iity, a d info righ totbill u r gr • Page 5 of 17 i icility will be de the / 1 no ritten ap rovaI from nee has ben ed s D d for olid ys rector r hi /her 0:00 0.m. unles pri r s D rector or his her bje to limited hours at the r, o his/her designee. facili s ar responsible for ups required to submit outli in eir usage time for lights at m the City of any changes. The City ups for hourly energy costs. II gr up a e renuir d to dotify the City at least 24 hours in advance of she ule c ang s, /or when facility lights are not required. The ity, es ve . the right to bill user groups for hourly energy costs irVrred durin ; ours that lights are left on and the fields are not being used. i L7r. Us of metal cleats is prohibited without prior approval from the ommunity Services Director, or his/her designee. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 6 of 17 8. At the conclusion of games, practices, and activities, organizati must leave the park/facility quickly, quietly, clean and clear of deb . Failure to do so will result in a forfeiture of deposit and if applica e, may be assessed a maintenance cleaning fee. 9. Due to maximum occupancy limits of Facilities'and Fiela ell s parking availability, maximum group sizes ay be ins ' d, .r a request may be denied when applyin. for a acility .ermit. 10.AII Recreation Facilities Policiesand se Pr Allocation and Use Procedures. I. PRIORITY To ensure that for the citizens administeed in r i . Recreati stablished 1 ny t of yt PRQG her r mmunity rei;reat..fon f the C'ty of Natio al . cc da ce with e cilities a ty a lar • • rity ys cilit esshal' be sed-dr sched e munty S rvices Dire to MS. Na 'ona City P ram gra • or u ag CITY SPAN • OE I PRO shall • e gjve se o . prio y. ceduresq pply t• theField e u ed in the be .t interest e, tfle facilities ill be ern :nd followin. r re-s: ed fter regular hours all take first priority over S. National City sponsored programs ES ' E T ON PR 501C3, NATIONAL CITY YOUTH LEAGUES. atipnal i no -profit community-basedleagues, whose charters state s r'ice f y•ut. -nd youth sports activities, with 70% of participants having Cit of National City residency and whose ages are eighteen (18) oy younger at the beginning of the season. N--RESIDENT YOUTH LEAGUES. Non-profit organizations whose charters state service of youth and youth. sports activities with Tess than • CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 7 of 17 70% of participants having National City residency whose ages eighteen (18) or younger at the beginning of the season. e 5. YOUTH LEAGUES WITHOUT NON-PROFIT STATLJS'�$ee Occas a Use/Recreational Play definition. 6. RESIDENT NON-PROFIT NATIONAL CITY ADULT LEAGU National City non-profit community -based le service of adult sports activities, 0% o National City residency and whose ag-s are 7. ADULT LEAGUES FOR PROF comprised of persorr ei hteen 8. TOURNAME play or off-s Gel) IIy, tc side Yo Profit Legu 0 t s e u on ASI play a the ci. outl urrei Y c e 0 orec Fiel rrer Le it fie N a c Id imp Jse dop e or use urn. ath 1 s a NTS. Tourn ason compe e)t pl eaRues d Adulf L USE/R laying feel tion, e. ervar� d user a zatio est eq eig 9 guehose ch pa havi tee • r olde STA US. eagues yegrs o age or older. men s s II b: de ined itionp wthe $ ri ary yi ree No th L for- CRE lfori r y 0 s )co p eted in t iR si ent o rof eagur. TION PLAYI ecre ticC al pi uthfleag �n es hos S. rter . state g ity of hose r{rste s are as non-regu ar i=ague • urpose off ndr- ising. or less days iJp cfuding agues, Adu t Non- Fep at th rate stated for Adult for Profit in schedule. Resident National City Non -Profit be given priority. Staff will compare any the prior year schedule. J. ' ESIDENT 7i(OWTH ROSTER VERFICIATION. / ailure of lea ue to provide official rosters places the league in a non- esident fee status, and applicable fees will be charged. a organization must present enrollment data from its current season dicating names, addresses, phone numbers, and birth dates of all participants. The number of participants within each organization's CITY OF NATIONAL CITY persons who require uch as a company- ithout non-profit status, shall K. FEES AND CHARGES SEE ATTACHED OPTIONS. L. MINIMUM FIELD USAGE. Fields cannot be reserved for less t M. PAYMENT OF FEES 1. Fees are to b paid at t� arrangem= is have bee 2. O er�im No per having Th the e tii i gr CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 8 of 17 771 enrollment must be confirmed by the City prior to the field allocation-- meeting. r� an o hou o res rvati to by t e C e nd s ecfal c arg1s a��e�noai on shal be/iss ed periniit or b6 p h rs pai if e d pos, if any, presirri Con har e toe : rticip unity Servi es ntsi for recto su • • e. n un - s specia m unity Servic able s D rector. ovi• ed a service without ed '. r such use or service. all the authority to determine peci I grams. All ppli a ions for refun �, w ich comply with this requirement, shall be t ans i ed o t e Fin Department, which will, in turn, cause a war ant o •e p ep red d issued to the applicant for the amount of the/refu d. Any.dep t made pursuant to priorities 2-7 shall be refLind d if rei bursement is not needed for the repair or replacement da / age y property. N. �VIODIFICITION TO SPORTS FIELDS • II quests for permission to modify park grounds must be brought to the ention of the Community Services Director and Public Works Director for approval. All installations become the property of the City. All requests must CI"hY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 " AMENDED OR June 5, 2007 REVISED: Page 9 of 17 include a "Letter of Intent", accompanied by construction drawings specifications. Approval is received by written permission from Community Services Director and the Public Works Director and depending on the extent of modifications, possible City • r3cii approv O. INDEMNIFICATION P. The applicant must complete agreement which releases th representatives, and/or agent liability established for,dami or property, includi • injurie caused by any . t or omissi representatives and/or agen directly,or;indir tly onrject a rele.:se, h Id ha e City, its el ted. s fro any a d all es or inj ries inc to.a lic nt, aus by he ity, is el s w ich ise ut wi'h the use r c F• SURANC • mle ffici claims din d b cte f or • ndi s • a • nity s, uit or y p rson •be plo ees, :tter .is`es. 1. All oup .a require•. to ha a insurance o pro . ct the City from liability o ca ion d iy their use of C ty pre es. •-cifically, all insurance r qui ed is icy s - II e itten by alifornia admitted companies hic are ra ed t I ast Ill" by the -current A.M. Best Rating Guide by co a any of -qual + i an.ial stability which shall be approved by Cty's i kM n..er. Gen ral .ility coverage with limits of at least one million 0,0 0) per occurrence must be provided. The City of mast be named as an additional insured pursuant to a separae en.orsement which will be provided to the City along with the Certificate of insurance prior to use of City facilities or premises. In ad 'don, all deductibles and/or self -insured retentions must be disclosed andvrterapproved by the City's Risk Manager. . �om er doll rs ( monaU CITY OF NATIONAL CITY inde ploye as erted, gdea ,toa y alleged t • officials, e re in any m ion of the pr 1. Applicant desiring to use a facility use. Recreation spon accommodate a grou Community Servic sore cla r organ' Director. CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 10 of 17 3. Insurance coverage may be obtained through the City. under ter s, conditions, and rates applicable at the time, depending on t nature and duration of the proposed use. Groups desiring to pu 'Chase such insurance through the City must contact the City's R. anager. r RULES GOVERNING USE OF REAT ON mus apply es a d a tivi :atior� un ss t le. .es uth 2. The Recre n off e s all e n tifie of a y c nc advan Failu a to do o y r sul in a ial o pr facilit es. 3. Fo d an r soft dr nks will b Co mu ity Sery c=s Director. PR D CT AL O E 4. Pr hel ma 5. Un 1 its s sh II b I ftin res on ible fo bre res It i de is of p er n circu st nce alto ed by specia a IO LCO 3O1IC th sam'e k •e an, ivilges zz UILDINGS st ten w ill not be rized • or ing da s p for to .hange to writing b the n at least 24 urs in es in the use of said. ements with the RAGES OR TOBACCO cone ition as they are found. Groups will be eral clean up. Any infraction of this rule the case of said facilities. will equipment or furniture be removed from buildings. 6. Offi e'rs of groxps all supervise the conduct of their members to avoid da ages to ¢ity property. 7. All es tiions shall be subject tochanges or cancellations at any time by the Co munity Services office upon reasonable notice being given. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR June 5, 2007 REVISED: RULES GOVERNING USE OF COURT AREAS (Tennis, Volleyball and Basketball courts) 1. Department sponsored classes and tournaments shall courts. 2. Tennis players must wear tennis shoes. 3. Tennis courts are for tennis only, or for the Recreation office. such 4. Bikes and skateboards ar Ilowe4i o 5. Volleyball nets, voll "yballs, and ask tb a center. 6. Tennis t provid the ATHLET 1. Th De us ayers\(nu ot ctiviti s a en is c mev b r o n e uipm FI D REGULA I 0 urts. the • N of II Citly ..thle is fields will be artnjlent 2. Fiel,ds c ose at 1 mu t be ter!! Ina permit by t (e C Ot0P ed by 10 m u rn I e Page 11 of 17 r rity on all 11 mai be sc ked out at t edu e cl ed by sest sche�(iled by the Community Services :0� I be turned off by this time. Ball field use ' as per City Code, unless granted a special Services Director. Li hts 3. Ap licants ocgasio ally desiring to schedule any softball or baseball diamond for ractice purposes must obtain a permit at least ten (10) working days prior to se. / 4. Eq ment and maintenance: Each user group must provide its own bases, chalk and field. preparation equipment. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 12 of 17 5. No vehicles are allowed on the park grounds, except by approval of ParKs Division. Violators are subject to citation. 6. Alcoholic beverages and tobacco products are prohibited in National City parks, no exceptions. 7. Firearms and weapons are prohibited pursuant to California Statutes. / 8. Organizations/teams will be held reppo sible for br up. Any infraction of this regulation ma resu in d of said facilities. 9. League officials shall pervise he c nd aka nial •e a' • •ri oflthei mem ervices Dep rtm nt h II b no ifie dva cep Fail re d o m y rsult acily. s all subj ct to a cell n 10. The Community least 48 rs i in the se of aid 12. T a v C th I reservation e. ash nd% thi. is tt nda ism, •m unit • lice Den N tionti • litter m st ie rpins' cri in: l o Se i(es art e tat aI C y iradi changes or reas of ,/ ante' L w o . gene al clean - lieges n the case rs. of any canc in denial of Ilatipn at • ri iieges tions at any given • fiel. s I in a clean and orderly state nizat n/Team. Please report any ces, or maintenance issue to the e 619) 336-4290 or the .National City 3 411. Your help is appreciated in preserving can parks and quality playing fields. picke il of t en e, di pep rtm 61 3 ion t. u e t an Org rba 13. N • petmane : ad e, sing signs shall appear on City property unless ao proved byhe ' ity. Any temporary signage must be previously approved b the Community Services Director or designee and must be affiliated with th leagye or team (See Item N, Modifications to Sports Fields). 14. N pesticides, herbicides, insecticides, fungicides, etc. may be applied w'thout prior written consent of the City. This consent must be accompanied CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 by a Pest Control Advisors Report. All work must be performed Pest Control Applicator. 15. Weather conditions. During rain or wet conditions, call th Services Department at (619) 336-4290 to see if field 16. Use of Score Shacks/Snack Bars by the permit h Each permittee will be responsible for providing t must be removed at conclusion of Sea n r Tou in clean and orderly condition. Parks Divis n pe one week after the expiration of the ermitt d us 17. The City will not be held bpi nsible equipment from Scoy hacksSnar for the B rs. re pl Page 13 of 17 I by a pc7ens4d munity able. issi item Ider will fifer b eir o ock. All na ent andthe acili son el install a Ci oss rtheft of ny ite or le. s ly left ty lock CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational FieId and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 14 of 17 OPTION A — FEE SCHEDULE K. FEES AND CHARGES All City sponsored activities and the following Natio City organizations will not be subject to a user fee: Little Leagues, Pony League, Colt League, Tho ough• ed Leagu , Girls Softball League, Pop Warner Leagu nior C ize Softball Le gue National School District, Sweetwat Sch of Di trict, an • e Nat onal City Swim Club. The City reserves the ight to add r su act organi atiois from this list. User Fee: Resident teams N ur, . hour minimum Imo' ur, . hour minimum - ` f r $25 pe our, 2 hour minimum ms j. \- ; $50 per hour, 2 hour minimum sFiel esitient to ms/ - $10 per hour, 2 hour minimum on-resi nt teams r identteam is one whose team consists of over 70% National City sidents. $20 per hour, 2 hour minimum CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 Page 15 of 17 OPTION B — SEASONAL FLAT RATE K. FEES AND CHARGES Adopt Option A fee schedule. Calculate total amount of fees owed by each Iegue bas usage prior to beginning of each season. Charge individual leagues 30% oft tal owed b. sed pn CRtion A -ee schedule. 77 i dfi anticip i ted CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 OPTION C — FEE SCHEDULE K. FEES AND. CHARGES Page 16 of 17 iz All City sponsored activities and the following Natio City rganizations will not be subject to a user fee: Little Leagues, Pony League, Colt Leag e, Tho ough ed Leagu , Girls Softball League, Pop Warner Leagu nior C tize Softball Le gue, National School District, Sweetwat Sch of Di trict, and e Nat onal City Swim Club. The City reserves the ight toadd r su act organi ations from this list. / 'User Fee: Resident teams N ur, 2 hour minimum ur, 2 hour minimum t Recovery: ($5erPrticiPant, per season ms $10 per participant, per season Fie!• esil nt teems $10 per hour, 2 hour minimum on-resint teams $20 per hour, 2. hour minimum ident team is one whose team consists of over 70% National City sidents. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Recreational Field and Facility Rules and Regulations POLICY NUMBER 801 ADOPTED: November 12, 1991 AMENDED OR REVISED: June 5, 2007 K. FEES AND CHARGES Page 17 of 17 OPTION D UTILITIES -ONLY FEE SCHEDULE 7 i Use of Athletic Field Lights: Resident teams - $10 per ho Non-resident teams - ,$26\per h A resident team is one whose team/consi is of ver residents. 7 - ,1 1 a ur, 2 hour - minim m r, hour minimum CITY OF NATIONAL CITY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 22 rEM TITLE A Request to Initiate a Street Vacation for the Closing of an Unimproved Portion of Cleveland Avenue and an Unimproved Alley South of Bay Marina Drive and East of Marina Way. Applicant: Community Development Commission, Case File No. 2007-27 SC PREPARED BY Qeggy Chapin, 336-4319 DEPARTMENT Planning EXPLANATION The City has been working with the MRW Group, Inc. and the Sycuan Tribal Development Corporation to develop a 7.5-acre vacant site south of Bay Marina Drive and east of Marina Way. The proposal to construct a hotel, restaurant, and commercial building was approved by the City Council on September 20, 2005 (PD2005- 2/CDP 2005-2). In order to transfer ownership of the property so that the site can be developed as planned, a 14 foot wide by 40 foot long unimproved portion of Cleveland Avenue and an unimproved alley, both south of Bay Marina Drive and east of Marina Way, situated within the project site, must be vacated. The City's Street Vacation Procedures adopted in January 2006 requires that the City Council initiate a request to vacate any public streets and set the date for a public hearing. A complete report will be presented to the Council at the scheduled hearing along with a recommendation by the Planning Commission. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the Council initiate a Street Vacation to vacate an unimproved portion of Cleveland Avenue and an unimproved alley south of Bay Marina Drive and east of Marina Way. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application 2. Map of proposed street and alley vacation (Exhibit A) A-2(X) (9/09) r 1 I to 2+ MC KINLEY CLEVELAND 1 i , 1 I 22 2 20 :9 16 17 16 1 I QI.ez a4 �aufv Z77 — 1 1'r°1 1 1 -T 1 R 112111415161716I9, C „, 1 1 I I 1 I .• fl ST. O AC. 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I ' CLS0 '; I 911C 1 I se 8 MAP 248 • NATIONAL C rY RE -FILED RCS 14314 04 559-11 H 0 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 23 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for Sale of Beer and Wine at an Existing Restaurant at 1900 East Plaza Boulevard (Applicant: ABCO Consultants for Family IIouse of Pancakes) (Case File 2007--117�CUP) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The subject site is located adjacent to the west side of Interstate 805, on the south side of Plaza Boulevard, in the General Commercial (CG-PD) Zone. The 1.28 acre lot has approximately 320 feet of frontage along Plaza Boulevard. The applicant, the Family House of Pancakes, formerly Jimmy's Restaurant, is a full service restaurant with approximately 190 seats and an 86 space parking lot. The applicant is requesting to serve beer and wine as a complement to food service, between the hours of 10 a.m. and 10 p.m. daily. The alcohol would be stored in the kitchen area and served by L.E.A.D. (Licensee Education on Alcohol and Drugs) certified servers to customers upon request. All alcohol would be served indoors, as there is no outdoor seating or plans to add outdoor seating. No karaoke or live entertainment is proposed. The applicant held a community meeting, as required, on February 23, 2007 to address potential public concerns. The Planning Commission held a hearing on this application on May 7, 2007. One community member spoke in support of the application. Commissioners voted to approve the CUP based on the attached findings and subject to twenty Conditions of Approval. Environmental Review X N/A Exempt Financial Statement N/A Approved By: _ Finance Director Account No. STAFF RECOMMENDATION�,,� Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes — Carrillo. Alvarado. Baca. Flores. Pruitt. Reynolds Abstain — DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 26-2007 3. Applicant's Plans 2. Location Map 4. Alcohol License / Census Boundary Map A-200 (9/99) RESOLUTION 26-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION FOR THE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT AT 1900 EAST PLAZA BOULEVARD APPLICANT: ABCO CONSULTANTS FOR FAMILY HOUSE OF PANCAKES CASE FILE NO. 2007-17 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at an existing restaurant at 1900 East Plaza Boulevard at a duly advertised public hearing held on May 7, 2007, 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. 2007-17 CUP, 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 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 May 7, 2007, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the sale of beer and wine for on -site consumption will be in an existing restaurant, as shown on submitted plans. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the restaurant is existing and the addition of alcohol sales should not substantially aflect traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale and consumption of beer and wine on site will reduce any potential for adverse effects. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the restaurant, an established and allowed use in the applicable commercial zone. 5. Tat public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE iT FURTHER RESOLVED that the application for Conditional Use Permit for the sale of beer and wine at an existing restaurant at 1900 East Plaza Boulevard is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at Family House of Pancakes at 1900 Fast Plaza Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. 2007-17 CUP, dated 3/19/2007. 2. Plans must comply with Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 3. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 4. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 10:00 a.m. 5. Beer shall be served by the bottle only and wine only by the glass. 6. Over Ice displays of alcoholic beverages shall be prohibited. 7. No "Happy Ilour", or other designated time where alcoholic beverages are sold at a discount, is allowed. 8. All alcoholic beverage products to be stored in the kitchen/storage area and not accessible to the general public. 9. Karaoke and live entertainment shall be prohibited. 10. Premises and parking lot shall be maintained and well lit during hours of operation and graffiti shall be removed within 72 hours. 11. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible I lospitality Coalition. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of tlic City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales, Said statement shall be subject to audit and verification by employees of the ('ity, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 13. No alcohol shall be available without the purchase of fbod. 14. The rear (loor(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 15. No coin operated amusement devices shall be operated on the licensed premises. 16. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 17. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 18. Within tour (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental tiling fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 19. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 20. 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 ('ode. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE l'F 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. 3 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 7, 2007, by the following vote: AYES: Carrillo, Alvarado, Baca, Pruitt, Flores, Reynolds NAYS: ABSENT: ABSTAIN: DeLaPaz A°,1,40 CHAIRWOMAN V - _ p O / 140▪ 0 1410 RM-1- ▪ PD ------ $ » CG-PD 143a 1gp1 Talos PROJECT LOCATION ZONE BOUNDARY LOCATION MAP 2007-17CUP Conditional Use Permit for Beer & Wine Sales at Family House of Pancakes at 1900 Plaza Blvd. NATIONAL CITY PLANNING DRN. DATE: 4/9/07 INITIAL HEARING: 5/7/07 FRONT BUILDING ELEVATION s_A_E va• _ _o. I Foil o " , INI : t',r., ‘-fr`.,.,, FW,MOVE [ : 1. NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. 2007-17 CUP DATE: 3/19/2007 =I; - L,J C)L-1! �,hS jE• SEATS �c. Cr-0 , , CI O DIr, NE, 6 5E4-5 hA-TIL& AREA 2'< SEATS RPG°P-ION 5TAT ON SER',IOE AREA FXT si STORA&E ALOOF° 5TORAEE AREA PREPARATION AREA 1 r' i wAl 000 00000000 0 OOFFE AREA 68 SEATS I 11 . TA'IGh • O'vERA1 INTERIOR DIMENSQN FLOOR PLAN = i�.n• ..�� 4' 0 4' 8' 16' 24'6 • Bov�`V�r1r.G coN�-- NSI IP°' / 5 u. Ex ST-45 — rRIVEAA' ' EtiT' Y Ex,5:'K5 .16+i' .—. EX,ST.NG- ASP+IAL7 -Av.N6 Ex.STNG CARE, A40 �rE4 'Tr.Jr ry '_INE _— i EX E ft'S TCRY RESTA..R, N 6 LTG l \\ `v----��K —EKSTNS\ PARK PARKIK �-'. � EI[A_IP'U\ \ �;. T-E5 \• • j TT ®rE:RKT`Y�ING �hRK � A4EA. '(157111E ---� .ARKIN6 AREA \\— PRGPERTY ELECTRICAL EN.`:OSLRE PCI^ER SERVICE GONNECTIGN -- EXISTING 1RA5,I ENG_'J6.RE \-ExiE IN5 LTiLIT DO) /\ SITE PLAN 5'7E AWRE55 I9oc EAST P_:SA EAAEv AR:I NATIONAL CITY C. 11,150 SCALE = -C• 2O' 20' 40' 6 City of National City CENSUS TRACTS S N CIE;O N4PONAL Sweistsirtei Nationii WIWI* Rslub Bolt' Launch- !. 125.00 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2(X)7 AGENDA ITEM NO. 24 (-ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for a Pawn Shop at 1050 Highland Avenue, Suite E (Applicant: Express Financial Services) (Case File 2007-22 CUP) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project location is the 12,478 square -foot Highland Plaza shopping center, north and east of Wal-Mart, just south of the Plaza Boulevard/Highland Avenue intersection. The center has a 35- space asphalt parking lot that wraps around the building to the south. The use is an existing pawn shop located in a 1,450 square -foot suite in the shopping center. The pawn shop was originally approved on August 20, 2002 (CUP-2002-12) by the City Council with a five-year expiration date. The original CUP expires on August 20, 2007. There is no change in operation, nor is any new construction proposed. The applicant is requesting another CUP in order to continue operation of the business after the impending permit expiration date. The Planning Commission held a hearing on this application on May 21, 2007. Commissioners asked about the crime data made available by the Police Department, who did not object to the application. The data provided showed a good record with regard to calls for service to the Pawn Shop; three calls were received in 2006 (alarm, burglary and identity theft). Staff also clarified for the Commission that Conditional Use Permits run with the land. The Commission voted to approve the CUP based on the attached findings and subject to nine Conditions of Approval. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION iC Staff concurs with the Planning Commission and Recommends that the Notice of Decision be tiled. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes — Alvarado. Baca. Pruitt. Flores, Reynolds. DcLaPaz Absent — Carrillo ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution 34-2007 2. Location Map Resolution No. 3. Site photographs 4. Applicant's Plans A-200 (9/99) RESOLUTION NO. 34-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL. CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A PAWN SHOP AT 1050 HIGHLAND AVENUE, SUITE E. APPLICANT: EXPRESS FINANCIAL SERVICES CASE FILE NO. 2007-22 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a pawn shop at 1050 Highland Avenue, Suite E, at a duly advertised public hearing held on May 21, 2007 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. 2007-22 ('1)P, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WIIEREAS, this action is taken pursuant to all applicable procedures required by State law and ('ity 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 ('ity of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 21, 2007, support the following findings: 1. That the site for the pmposef use is adequate in size and shape, since the existing pawn shop has not placed any undue space demands on the suite or shopping center in which it is located, and no intensification of the use is proposed. 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 it is located on Highland Avenue, an arterial street, and since the existing pawn shop has shown it can function with the present level of circulation improvements, and no increase in vehicle trips is expected. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it has been operating at this location since August, 2005, will continue to function as a typical retail use in an existing shopping center, and is not expected to create additional impacts_ 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will continue to provide a service that is in demand among consumers. 1 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a pawn shop at 1050 Highland Avenue, suite E. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. 2007-22 CLIP, datexl 4/4/2007. 2. Exterior walls of the restaurant and 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. 3. The business shall be operated in compliance with Calilbmia Business and Professions Code Sections 21625-21647 at all times. 4. The sale of firearms is prohibited at the site. 5. All banners and window signs not in compliance with Chapter 18.62 of the Land Use Code shall he removed inunediatcly. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Fonn. within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 7. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 8. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 9. This Conditional Use Permit may be revoked upon the recommendation of the Police Department if the operator is found to be in violation of any state, or local law regulating pawnshops. BE IT FURTI IER 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 eticctivc 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 2 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 May 21, 2007, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Baca, Pruitt, Flores, Reynolds, DeLaPaz Carrillo CI IAIRWOMAN 3 LOCATION MAP 2007-22 CUP Conditional Use Permit for a Pawn Shop at 1050 Highland Avenue, Suite E NATIONAL CI4TY PLANNING DRN. DATE: 5/8/07 INITIAL HEARING: 5/21/07 2007-22 CUP Pawn Shop at 1050 Highland Avenue, suitc E — Site Photos Front Elevation Side Elevation and Entrance Jewelry counter Interior of Store 6 EXPRESS FINANCIAL SERVICES INTERIOR DESIGN DRAFT NATIONAL CITY PLANNING DEVI'. EXHIBIT A CASE FILM, NO. 2007-22 CUP DATE: 04/04/2007 L 1 3 111 1 v),NQO �7 1050 "E" HIGHLAND AVENUE 1. Lobby - retail area 2. Safes & storage 3. Storage 4. Showcases & counters 5. Counters & data processing — State of the art computers and custom programming — CCTV — Alarm system — Mostly jewelry & consumer electronics _ N n T Tr) c (` A I C SITE AND FLOOR PLAN 95' 85 1S PARKING SPACES 1050.E • 1050. 363• 19 "• Sd 17 PARKING SPACES 27.6 t—_— . '4' NOT A PART 2,6 HIGHLAND AVENUE 0 PLAZA BOULEVARD 8 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 25 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit to Permit a Wireless Communications Facility in Las Palmas Park at 1810 22nd Street. Applicant: Cricket Communications - Tim Kolset. Case File No. 2007-14 CUP (APN 561-360-35) PREPARED BY 017 DEPARTMENT EXPLANATION Michael Fellows, 336-4315 Planning The project site is the Louis J. Camacho Recreation Center at 1810 22nd Street in the southern end of Las Palmas Park. The recreation center is an approximately 16,000 square foot, 32-foot high building. Neighboring uses include a condominium development to the south, Las Palmas Elementary School to the north, single-family residential to the west, and Interstate-805 to the feet east. The applicant proposes to install three antennas on the facade of the recreation center building and place related equipment cabinets within a locked mechanical equipment room inside of the building, inaccessible to the public. The proposed antennas would measure 6 inches wide by 6 feet tall, extend two feet from the building face, and be painted to match the building exterior. Two of the antennas are proposed at the southeast corner of the recreation center; the third would be located on the west side of the building facing the municipal pool. The impact of this wireless communications facility on the park and neighboring uses would be minimal since the antennas are on an existing structure, will be painted to match, and are relatively small compared to the size of the building. The equipment cabinets would be within the building inaccessible to the public, and any rooftop cables and equipment would be screened by the existing parapet wall. Co -location of the proposed cellular facility with existing facilities was attempted by the applicant, but no viable alternative was located. The Planning Commission held a hearing on this item on May 21, 2007, and voted to approve the Conditional Use Permit finding that the site is suitable for the proposed facility; that the facility is appropriately designed; and that the additional service is needed in the community. —) Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended approval of the Conditional Use Permit. Ayes — Alvarado, De LaPaz, Flores, Pruitt, Reynolds Abstain — Baca Absent — Carrillo ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 35-2007 3. Site Photos 2 Location Map 4. Site Plan/Floor Plan A-200 (9/99) RESOLUTION NO. 35-2007 A RESOLUTION OF THE PLANNING COMMISSION OF TIIE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN LAS PALMAS PARK AT 1810 22ND STREET APPLICANT: CRICKET WIREI.ESS CASE FILE NO. 2007-14 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility in Las Palmas Park at 1810 22" Street at a duly advertised public hearing held on May 21, 2007 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. 2007-14 CUP 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 Conunission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 21, 2007, support the Ibllowing findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed antennas and associated equipment are to be incorporated into an existing building and will not increase the footprint of that building, thus not affecting parking or access. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the facility is only expected to generate one to two trips per month for maintenance staff and is unlikely to have any impacts on adjacent traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the six-inch wide, six-foot tall antennas are located 175 feet from the nearest residence, 750 feet from Las Palmas Elementary School, and will not be noticeable located on the large recreation center building. 2 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of Cricket wirehss communications network, resulting in enhanced service for its customers. BE fl' FURTIIER RESOI,V> D that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes installation of a wireless communications facility at 1810 E. 22nd Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall contbrm with Exhibit A, Case File no. 2007-14 CUP, dated April 23, 2007. Additional antennas must substantially conlbrm with the design for installation shown on these plans. 2. The permittec shall not object to co -location of additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to he desirable in a specific case. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 4. Building plans shall note that all antennas and rooftop equipment will he painted to match the exterior of the building, and will meet Code Section 18.86 with regard to screening of all rooftop equipment, and antennas on the building facade will not extend above the height of the existing parapet wall. 5. An eight -foot high, locking, chain link fence surrounding the equipment enclosures must be installed prior to operation of the wireless facility. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical ('ode, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. Cricket Wireless shall obtain an approved lease agreement with the City of National City prior to commencement of the construction. 8. Project shall 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. 9. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 10. Within four (4) days of approval. pursuant 10 Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees 1br the San Diego County Clerk. Checks shall be made payable to the County Clerk and submittal to the National City Planning 3 Department. At this time, the tiling fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report 11. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planing Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. 12. This permit shall become null and void if not exercised within (one year) after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER •RESOLVED that copies of this Resolution he transmitted forthwith to the applicant and to the ('ity 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 sct 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. CER'I'IFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 21, 2007, by the following vote: AYES: Alvarado, Pruitt, Flores, Reynol.ds, DeLaPaz NAYS: ABSENT: Carrillo ABSTAIN: Baca CHAIRWOMAN 4 1930 1830 1844 1902 1910 1920 ___.------ 1926 1930 Site P1, ographs — Camacho Recreatio: 'enter 1810 22nd Street (2007-14 CUP) Figure 1: Looking Northwest from parking lot at site proposed for two cell phone antennas Figure 2: Looking East from Municipal Pool at site proposed for one cell phone antenna 6 Site Ph igraphs — Camacho Recreation: enter 1810 22nd Street (2007-14 CUP) Figure 3: Looking Northwest from parking lot at room where cellular equipment is proposed to be located Figure 4: booking Northwest from parking lot at room where cellular equipment meter is proposed to be located 7 tow. roe. f0 My ;0 a•C .A. 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I I I —•� 1 :c Waft TO wwa 1 , (I: M< r I e 1 I it r7.1NIA L 1 r A. _. i-- ./: •I - J LCVIS CAUAACNO NCTTM ELEVA'ION REST ELEVATION A-4 ° 2 WE9TELEVATION •,q �t. °ea . _eml , City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 26 ITEM TITLE TEMPORARY USE PERMIT — St. Anthony of Padua Festival, June 9-10, 2007 frorr- 9:00 a.m. to 6:00 p.m. daily at 1816 Harding Ave. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from St. Anthony's Church to conduct a festival located at 1816 Harding Ave. from 9:00 a.m. to 6:00 p.m. from Saturday, June 9 thru Sunday, June 10, 2007. The event will consist of carnival style game booths, musical entertainment and concession canopies. The applicant will provide overnight on -site security (Knights of Columbus) for the event. Portable restrooms will be provided, as well. The applicant is requesting that Harding Ave. between 18th St. and 19'" St. be closed Saturday, June 9, 2007 at 5:30 a.m. through Sunday, June 10, 2007, 6:00 p.m. 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 $449.00 for the Fire permits and $72.45 for Public Works. Total fees are $866.45. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Perniit subject to compliance with all conditions of approval. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resoluti n 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: St. Anthony of Padua Church EVENT: St. Anthony of Padua Festival DATE OF EVENT: June 9-10, 2007 TIME OF EVENT: 9 a.m. to 6 p.m. daily APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS 1 1 FIRE YES [ x ] NO I ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x J NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS I x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: ENGINEERING No CIP Projects in the event's vicinity anticipated as of date. However, please confirm with Engineering 3 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE 336-4400 Applicants will need to contact IA. Keith Filield who will determine if any additional security conditions need to be placed or if security plan is okay as is. Lt. Fifield can be reached at (619) 336-4514, M-Th 6 a.m. to 4 pin. PUBLIC WORKS 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit ("CUP) and recommends approval subject to the conditions listed below: Street Division 1. 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 not parking signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $ 72.45. This amount should be paid to the City, unless waived by the City Council. a. "No Parking" signs h. Barricade Rental c. Equipment/Truck Hours 1.5 d. Man I Iours c. Total Costs Parks Division No involvement. Facilities Division No involvement. FINANCE 336-4330 6@$0.45ea = $ 2.70 8@$0.35ea 2.80 (o; $ 12.07 per hr — 18.10 1.5$32.57per hr = 48.85 $ 72.45 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 he no charge for the Business License. However, a Business License certificate must be obtained fbr thc 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. FIRE (619) 336-4550 1) Maintain Emergency Vehicle access at all times. 2) Fire protection appliances are not to be blocked at any time (fire hydrants, sprinkler connection (FDC), fire extinguishers etc.). 3) Permit is required to erect or operate a tent having an area in excess of two hundred (200) square feet or a canopy in excess of four hundred (400) square feet, or a combination thereof. Tents and canopies shall be !lame -retardant treated. Permit fee is three hundred and forty nine (349.00) dollars. Permit to be obtained from the Firc Department. 4) A minimum $100.00 after hour inspection fee is required for Fire Safety Inspection conducted after hours, weekends and holidays. 5) 2-A:10-B:C fire extinguishers arc required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy-five (75) feet. Fire extinguishers are also required in all cooking locations. 6) Type "K" or 20-B:C dry chemical fire extinguishers shall he provided where deep -fat fryers and or grease, oil, butter and lard are used. 7) All canopies where cooking is being conducted are to he flame-retardant treated and are to have a minimum area of 144 square feet. 8) Provide metal containers with leads. Containers to be labeled "HOT COALS ONLY" and to be used only for the disposal of charcoal. 9) Site plan required; must reflect location of cooking area, booths, canopies, and access points. RISK MANAGER (619) 336-4370 If the festival will be taking place on City streets, in addition to the church property, they'll need to provide evidence of a COI. policy with limits of at least $1 M per occurrence 3 Fair _ Demonstration Grand Opening _�r3strval Circus Other Community Event Block Party T)/°»y of A eft/ 4_ /cis Actual Event Hours: ( )pm to & �ann Setup/assembly/construction Date: �= � Start time: ,3/¢1, Type of Event: _ Public Concert Parade Motion Picture Event Title: �,/ ,� / Event Location: / 9/ b // �'%IZ c�l G� e Y -2� / V i,TL, e', �j C/¢, 9'Sc Event Date(s): From 7 to Total Anticipated Attendance: 500 Mo,thrDay ear ( Participants) ( Spectators) Please describe the scope of your setup/assembly work (specific details): Ca .0u ey' y 5 , S e7- —p FUeeg 5 74-Aids,C�11,n - 5, J.- MFail? /T/U (3Da%li5, }�Gi %ah/-e £es/ c Dismantle Date: 0/07 Completion Time: a List any street(s) requiring closure as a result of this event. Include street name(s), day and time 9f closing and day and time of reo ening. aird,/zy r ei-e74/-eE 4/ / 8Ty / S 97, l7a rd,0 g. /1"-e kj,', / / re eo feAl Sponsoring Organization: ' / r f� A/ j /-i "A/�GF Pa j f4 For Profit /' for -Profit Chief Officer of Organization (Name) � �/ //e c_,/ttNaJa //ITI 7 //erc, , Applicant (Name):' �/ ki_o A 0 Pet 064 q Address: 1 YJ ! b H eA y //1t,J- t //Q�/ /i- f ! CJW& J C. C/f 9/95-, Daytime Phone: ((p If) Y 7 7 - 5 vening Phone: oti )1(77-Z 7(2 Fax: (�fj+/!f) / 77- 8-708 Contact Person "on site" day of the event: Vt e en Te ero a / Pag Cellular: 30 G - Z 9 _6 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY'OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? ✓YES NI Are admission, entry, vendor or participant fees required? _ YES V NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. C7F'r114-e'9r fC) 19 r IMler7;gm947m1,1-5ic r-( /D-e; . Se 7 19 % MIS 'Vs ton-J /c is 600T 1'( S CfrtNOPIS Fart- FoUn Par T44,ble ke6.ri Tan) s obi) l 6e Ptiovid 4 S-ecur )i ro'- aver Mip 1 (i,4-T TaSuu) C>MTS Malp/ _is YES vltl0 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: 5 YES NO Does the event involve the sale or use of alcoholic beverages? DYES _ NO Will items or services be sold at the event? If yes, please describe: 0 0 C-eas LON _ _�involve a movingroute of anykind alongstreets,sidewalks or YES NO Does the event 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. t/YES _ NO Does the event involve a fixed venue site? If S, attach a detailed site map showing a streets impacted by the event. f 1 vj ? r a Pi pr >/1' YES NO Does the event involve the se of tents or canopies? If YES: Number of tent/canopies 5 Sizes % XI/0 NOTE: A separate Fire Department permit is required for tents or canopies. YES `K 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 / �.I Please describe how food will be served at the event: , L C. e r S4 �I'� s f/-e a r 1 n)' (4o v e s, //1 vl-) it nff eTc t W'i T ,-( /{e / Th C cos If y u intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL t0 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: ( 8 Describe your plan for clean-up and removal of waste and garbage during and after the event: V ICAi re.err�// s {M,5 r__JaM eD fr i( lq- %2 Co, Please describe your procedures for both Crowd Control and Internal Security: e u r, Ty yr , II /3 .e {bra✓/ of, a( Ay 1 ✓�. /Z,&l h %s aF- c/ti ►m,G 1.4 s 1wTN PTrn.'-e hl71. , �'Ty, Pa/ic.e G -T/ceQ 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 VNO 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. f 11L �n- I/f -1/% i I I►�- j J� Al G vN I to �v 60UTi'1, 110µ-e ! U CYi'L( Cr / 1 t G F /�lPcd evt Please describe your Accessibility Plan for access at your event by individuals with disabilities: frl Mop c&p P6/4117 1etv1 ke-Lo-bl.e T-4-iduditY-w�7' Please provide a detailed description of your PARKING plan: 1),4 n l(/ f . 1`/ *'/c T / ra Hi't 4 Please describe your plan for DISABLED PARKING: �l �G .1)4rlk1'41 74, Please describe your plans to notify all residents, businesses and churches impacted by the event: ► ( AJ o Ti ' y / e r 3 oi-e/dp,f--TS (I&clLmL1f,tof acg �//_£ J/I M 1 7 W E,- NOTE: Ne( bo l& d re idents nWstbe notified T2 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: —Li Number of Bands: Type of Music: % ✓ / /} G/,f 1 r&i /' C.cY' / Gu, 14" .'r W z 4 YES — NO Will sound amplification be used? If YES, please indicate: Start time: G0 Om Finish Time Sen^ ES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 9 __ arfi pm Finish Time a /pm Please describe the e soun equipment that will be used for your event: _ YES -f1O Fireworks, rockets, or other pyrotechnics? If YES, please describe: ES NO Any signs, banners, decorations, special lighting? If YES, please describe: bau1►I.2r5 G,GItire-//f Prep'rJ Revised 10/3/01 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; demand , costs, losses, liability or, for any personal injury, death or property damage .r both •r a li "on and other liability, including attorneys fees and the co - of lit • . tion, all ing o of or related to the use of public property or the activi : ken nder the ermit by the permittee or its agents, employees or contra s ors. • ature • Applicant 0 i ial Titl For brace Use Only Date �— Certificate of Insurance Approved Date RE UESTf R A 1NAIVER"Qf: FEE3 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 organs tion? 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. me of the sponsoring orgahization 3 T. / M IT GN y dT Type of Organization (— /� •u r £ I'/ (Service Club, Church. Social Service Agency, etc.) 4 3. WIII the event generate net income or proceeds t the sponsoring organization? Yves (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwants, 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: as sign the form and submit it with the TUP n) Signatu ►' -t..h1/4-- -za— Date (j 11- Y11 c o a L s �N F�►�t r} T/'N (I4rb;n,- r/-LFc'D ,ebTY(5 C l-ur4/' ,A i �1 v E) L IZ I� l� ltki 1 ( 1 ) two sidii err City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 27 ITEM TITLE TEMPORARY USE PERMIT — National City Public Safety Fair hosted by the Community Services Department on October 6, 2007 from 10 a.m. to 2 p.m. at Kimball Park. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the Community Services Department to conduct the National City Public Safety Fair at Kimball Park on October 6, 2007. This event consists of law enforcement/public safety displays, with promotional and safety materials. Two helicopters will land in the park as part of the display, and public safety vehicles will also be displayed. The NCPD will have a K-9 demonstration and the NCFD will have a vehicle extraction demonstration. This event requires the use of the City's stage, tables, chairs, and wooden stakes. The National City Police Department will be on hand for all security surrounding the event. This event is sponsored by the City of National City, and is thus eligible for a waiver of fees as stated by City Council Policy #804. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TUP through various City departments Finance Director plus $1078.45 for Public Works and $349.00 for the Fire Permits. Total fees: $1,772.45. Per Council Policy #804, this event qualifies as a National City sponsored event and the fees will be paid out of the non -departmental fund. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution o. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-700 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Community Services Dept. EVENT: National City Public Safety Fair DATE OF EVENT: October 6, 2007 TIME OF EVENT: 10 a.m. to 2 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x J NO [ J SEE CONDITIONS [ x] ENGINEERING YES [ x j NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x J COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ J SEE CONDITIONS [ x ] BUILDING & SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x J CITY AITORNEY YES [ x [ NO [ J SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 1. Emergency Access to be maintained at all times into and through the park with a minimum clear width of 20 feet. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.) within and around the park 3. Aircraft (helicopter(s)) on display are to have a designated landing area. NCFD to be notified in advance of the landing site and arrival time of aircraft. 4. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together (within 10 feet) equaling or greater than the above stated areas, are to be used, they shall he flame-retardant treated, an approved State Fire Marshal seal shall he permanently affixed to the fabric of the canopy/tent. A permit from the Fire Department must be obtained. Permit fee is three hundred and forty nine (349.00) dollars. Fccs can only be waived by the City Council. 5. All cooking booths to have one 2A:I OBC fire extinguisher. If grease, oil, lard or butter is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 6. Provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 1 BUILDING & SAFETY (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall he provided to the Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no Tess than 72 hours prior to the start of the set-up activities for the event. PUBLIC WORKS Parks Division 1. Council Policy 704 restricts the use of the park, minimum of six weeks between special events. We have an event scheduled for October 13 (Dia de la Mujcr Latina fieaith Festival). 2. The overtime costs to provide 2 Park Maintenance Personnel for this event is estimated to be: • Set up stage, 4 hours @ $93.15 per hour $ 372.50 • Breakdown stage, 4 hours (a) $93.15 per hour 372.50 • Total Costs $ 745.00 Facilities Division: 1. Facilities will have one custodian and the electrician available. The electrician will do the general setups and monitoring, along with helping the custodian do event setups and general housekeeping. The cost is $495.00. 2. Cost of labor overtime for 2 men is as follows: • I custodian, 9 hours @ $14.84 per hour $ 133.56 • 1 tradesman, 9 hours @ $22.21 per hour 199.89 • Total Costs $ 333.45 Unless waived by the City Council, the applicant shall pay $1,544.25 for staff costs associated with this permit request. This cost was estimated as follows: Parks Division: $ 745.00 Facilities Division: $ 333.45 Total: $1,078,45 2 POLICE (619) 336-4400 Applicants will need to contact Lt. Keith Fifield who will determine if any additional security conditions need to be placed or if security plan is okay as is. It Fifield can be reached at x4514, 8 a.m. to 4 p.m. RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held primarily on City property at Kimball Park. The applicant sponsoring organization is the City's Community Services Department so no separate insurance is required. AMR will be providing first aid on site and NCPD will provide any. security . My only concern is that the agency performing the helicopter landings provide evidence of insurance of at least $5M per occurrence, $10M aggregate and that the City be named as an additional insured. If the helicopters arc being flown by members of a public entity which is self -insured, a letter of self insurance will suffice. I will follow up directly with Susana regarding the aircraft liability coverage. Otherwise, 1 have no objections to the application. 1 1 Fair _ Demonstration _ Grand Opening Actual Event Hours: 10 Opm to 7— Setup/assembly/construction Date: Type of Event: Public Concert Parade Motion Picturetu1 Event Title: 1 � — , � �� L Festival Circus Other __Community Event _ Block Party Event Location: t-‘'^""-t\ ? `"r- Event Date(s): From t 0 % (o to D lb Total Anticipated Attendance: 2/ OD /Month/Day/Year (_Participants) Spectators) am Start time: b a^^ -- Please describe the scope of your setup/assembly work (specific details): Dismantle Date: \\i(� c- ks s I \,,2_ (T1 b Completion Time: LA am/Pm� cC) ua o W aU 0 ui z o cc 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. di-`)\ `ea For Profit t 4 Not -for -Profit Chief Officer of Organization (Name) Applicant (Name): S V S o- '--- ,ee. v Address: I j c7 Daytime Phone: (it" ) 33b- `'1Z`13 Evening Phone: ( ) Fax: (t•lt) 3 3 (. • '-{ 2 9 2 Contact Person "on site" day of the event: Pager/Cellular: (( t q) -W- i NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS v.-4 NATIONAL CITY, CALE Sponsoring Organization: fs-3 C. ( asts"^v`^"'^1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? tf YES, please explain the purpose and provide amount(s): YES NO _ YES I( 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. S"1 D. c. SO\c,--1x S \ G..ti e:� �JCQ -,\ - / L � te \t�L Seke c-\,¢0 1`0 pk•5t1a Pci `�\�v`g5t��n ac' S - (_ ��\� �n�-ire s_ � `‘ ov,SAY,c-1h 7, ••1r e•ic,FJ c__Ve e.��=nc.. �; c -9- i O � •se% c-e-a c-0,1 C n , ( S YES —NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES V'NO \d YES NO YES V4NO 011'ES NO VSYES NO YES NO Does the event involve the sale or use of alcoholic beverages? Will items or services be soldoat the event? If yes, please describe: SO v-1 eKVe / v(l` • Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If' YES,/attach a detailed sitegap `.- showing all streets impacted by the event. mo`t �v- Q \ w Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 2S Sizes ' O -4- tZD NOTE: A separate Fire Department permit is required for tents or canopies. 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: 1 Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. 10 Food Concession and/or Food Preparation areas Please describe how food will be served at the event: t t' t' V V t Y t1 y If you intend to cook food in the event area plea a 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 retumed to a clean condition.) Number of trash cans: t D Trash containers with lids: Describe your plan for dean -up and removal of waste and garbage during and after the event: C 't s e.\ S Please describe your procedures for both Crowd Control and Internal Security: N _ 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 V- 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. AMV Px o v \ rs `T A=„9 Please describe your Accessibility Plan for access at your event by individuals with disabilities: 1-k c D �r 1c �' o..� �, `n\,0ate 1b-k- 1 csV . acC.eno t3\.e Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: V•IN,A\ \E" k .n.,�j JJ 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 numberofstages, number of bands and type of music. Number of Stages: 1 Number of Bands: Type of Music: \1 c:l"r c9 YES NO Will sound amplification be used? If YES, please indicate: Start time: \ 0 ar /pm Finish Time am/p n _ YES i,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 Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES VNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 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 f0 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 lei) E � \2 S cia r S . tvc- cA -t1`k3 0 Telephone ca•a) 33ke-`11--`-13 Date(s) of Use 0 c,-E , (o t 2.007-4- HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Z it 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 &elv� coo Type of Organization S o\ (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) V 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) I2- 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 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT .eEETING DATE June 5, 2007 AGENDA ITEM NO. 28 (7TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO1-; THE PERIOD OF 05/04/07 THROUGH 05/17/07 OF $187,449.32 Rizza A. Dela Cuadra PREPARED BY Accountant 619-336-4265 EXPLANATION See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Approved by: Financial Statement Tess Limfueco, Finance Director Total expenditures for the period of 05/04/07 THROUGH 05/17/07 amount to $187,449.32 Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. [. Ratification of Expenditures for the period 05/04/07 through 05/17/07 A-200 (9/80) Pa ee FOR MEETING OF JUNE 5, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 05/04/07 - 05/17/07 Descri , tion Chk No Amount CDC BENNETT PEJI DESIGN DEPT OF INDUSTRIAL RELATIONS EDA W. INC. ESSENTIA MANAGEMENT SERVICES LASER SAVER, INC. MORILAND & ASSOCIATES, INC. PETTY CASH - CDC PITNEY BOWES PORTI1.1.0 CONCRETE, INC. I'ROMOSHOP ROSENOW SPEVACI:K GROUP INC. STATE COMPENSATION INSURANCE STATE. OF CALIFORNIA 'HIE STAR NEWS NUTRITION A-1 FOOI)S CALIFORNIA BAKING CO. -CENTRAL MEAT & PROVISION OSEPH WEUB FOODS MC:GU1RE DISTRIBUTION MISSION UNIFORM SERVICE. PRO -EDGE KNIFE REED'S RESTAURANT EQUIP. SV('. SAN DIEGO GAS & ELECTRIC SYSCO SAN DIEGO FOODLANI) CAL/OSHA TICE -- 2007 WESTSIDE SPECIFIC PLAN -SD PROFESSIONAL SVCS MAR 2007 OFFICE SUPPLIES-REDEV FINANCE CONSULTING-APRIL 2007 REPLENISI IMENT OF PETTY CASH RENTAL FEES HIGHLAND AVE MEDIANS STRATEGIC PLANNING WORKSHOP EMINENTDOMAIN WORKERS' COMP INS - APR 2007 SETTLEMENT -PARK VILLAGE CDC VS HENSCHEL AD PUBLIC NOTICE -DOWNTOWN SUBTOTAL - CDC ADV CK-FOOD HANDIER 'TRAINING DINNER ROLLS MEAT PRODUCTS FOOD/CONS MILK PRODUCTS LINEN SUPPLIES SI IARPENING SERVICE EQUIPMENT REPAIR 1415 D AVE IIM FOODI('ONSUMABLES SUBTOTAL - NUTRITION TOTAL - GENERAL FUND HOUSING ASSISTANCE PAYMENTS MANUAL PAYMENTS EQ111FAX CREDIT INFORMATION SERVICCREDIT REPORTS FOR S8 APP & PARTICIPANTS GMAC MORTGAGE: NAN MCKAY & ASSOCIATES PITNEY BOWES STATE COMPENSATION INSURANCE PAYROLL S8 OFFICE RENTAL 04/07 S8 SUBSCRIPTION POSTAGE RENTAL. 04/07 WORKERS' COMP FOR 04/07 TOTAL - SECTION 8: PPE 05/07/07 TOTAL - ADMINISTRATIVE REVOLVING FUND: 17062 17065 17066 17067 17069 17072 17073 I7074 17075 17077 17079 17081 17084 17083 17061 17063 17064 17068 17070 17071 17076 17078 17080 17082 $ 4,725.00 1,500.00 23,265.49 3,690.00 119.57 4,578.75 199.47 350.00 3,553.00 671.69 13,451.25 5,245.28 10,000.00 107.63 $ 71,457.13 $ 180.00 215.80 2,222.06 2,959.29 724.25 91.50 40.00 329.04 2,146.21 1,238.43 $ 10,146.58 $ 81,603.71 8,089.07 10347 134.06 10348 3,668.60 10349 523.00 10350 350.00 10351 657.50 S 13,422.23 $ 92,423.38 $ 92,423.38 'I'OTAI, OF ALL FUNDS: $ 187,449.32 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE Jwic 5, 2007 AGENDA ITEM NO. 29 ITEM TITLE Resolution approving a month to month Lease Agreement between Frank Motors, incorporated and the Community Development Commission (CDC) of National City for vehicle storage purposes on an approximately I.34-acre parcel (APN# 562-321-08) known as the former "RCP site" located just south of the Keystone Trailer Park along National City Boulevard in National City, CA, and authorizing the Chairman to execute said Agreement. PREPARED BY Xavier Del Valle Senior Project Manager DEPARTMENT Community Development Commission EXPLANATION Frank Motors and the CDC desire to enter into a Lease Agreement for the former "RCP Site" (APN# 562-321-08) for vehicle storage purposes along the Mile of Cars in National City. The proposed Lease would accommodate a larger inventory of vehicles for Frank Motors, which would enable them to remain competitive regionally. Additionally, the proposed Lease may lead to increased sales tax revenues to the City as a result of facilitating a larger inventory of vehicles for a local auto dealership. The teen of the proposed Lease shall he month to month (short term) beginning on the executed date of the Lease. Frank Motors would pay the CDC fair market rent in the amount of $6,334 per month for approximately 58,370-sf of land area. The fair market rent was established by an independent appraisal that was performed by Randall H. Blaesi, ASA. Lease proceeds shall he deposited into the project area fund for revitalization activities. Environmental Review 'I'hc proposed Lease Agreement is exempt from CEQA review. Financial Statement Frank Motors would pay the CDC fair market rent in the amount of $6,334 per month for approximately 58,370-sf of land arca. Lease proceeds shall be deposited into the project area fund for revitalization activities. Additionally, the proposed Lease may lead to increased sales tax revenues to the City as a result of facilitating a larger inventory of vehicles for a local auto dealership. STAFF RECOMMENDATION Adopt resolution approving a month to month Lease Agreement between Frank Motors, Incorporated and the Community Development Commission (CDC) of National City for vehicle storage purposes on an approximately 1.34-acre parcel (APN# 562-321-08) known as the former "RCP site" located just south of the Keystone Trailer Park along National City Boulevard in National City, CA, and authorizing the Chairman to execute said Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Resolution No. I. Resolution 2. Lease Agreement A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A LEASE AGREEMENT BETWEEN FRANK MOTORS, INCORPORATED AND THE COMMUNITY DEVELOPMENT COMMISSION FOR VEHICLE STORAGE PURPOSES ON AN APPROXIMATELY 1.34-ACRE PARCEL (APN# 562-321-08) KNOWN AS THE FORMER "RCP SITE" LOCATED JUST SOUTH OF THE KEYSTONE TRAILER PARK ON NATIONAL CITY WHEREAS, Frank Motors and the Community Development Commission of the City of National City (CDC) desire to enter into a Lease Agreement ("Agreement") for an approximately 1.34-acre parcel (APN# 562-321-08) known as the former RCP Site (APN# 562- 321-08) located just south of the Keystone Trailer Park on National City Boulevard for vehicle storage purposes along the Mile of Cars in National City; and WHEREAS, the Lease Agreement will accommodate a larger inventory of vehicles for Frank Motors, which may result in increased sales volume and sales tax revenues to the City; and WHEREAS, the term of the Lease Agreement shall be month to month beginning on the executed date of said Agreement; and WHEREAS, Frank Motors shall pay the CDC fair market rent (FMR), which was established by an independent appraisal, in the amount of $6,334 per month for the approximately 1.34-acre parcel. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Lease Agreement with Frank Motors, Incorporated for an approximately 1.34-acre parcel (APN# 562- 321-08) known as the former RCP Site (APN# 562-321-08) located just south of the Keystone Trailer Park on National City Boulevard for vehicle storage purposes along the Mile of Cars in National City. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel LEASE AGREEMENT by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and FRANK MOTORS, INC This Lease, made and entered into this 5th day of June 2007 by and between the Community Development Commission of the City of National City ("CDC"), hereinafter designated as "Lessor," and Frank Motors Inc., hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property referred to as the former "RCP Site" on National City Boulevard (APN# 562- 321-08) for Vehicle Storage purposes in National City, California. Vehicle Storage is herein described as Lessee's exclusive use of approximately 58,370-sf of land area, as described in attached Exhibit "A" and as shown as Exhibit "B", which exhibits are incorporated herein by reference. B. The use of said property for the above referenced purpose shall promote the general public welfare of the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. LEGAL STATUS OF OPERATOR: Operator warrants that it is a legal corporation, incorporated under the laws of the State of California. 2. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property commonly described as the former "RCP Site" on National City Boulevard (APN# 562-321- 08) within the City of National City, County of San Diego, State of California. 3. Term. The term of this lease shall be month -to -month beginning on the executed date of this lease. Lessee acknowledges that the use of the site is temporary and agrees to diligently seek an alternative means for vehicle storage once the CDC exercises its right to terminate said lease. 0 Lessee's Initial 4:/Z5fr)] Date Page 1 of 6 4. Rent. Lessee shall pay Lessor fair market rent in the amount of Six Thousand Three Ilundred 'Thirty Four Dollars ($6,334) per month for approximately 58,370-sf of land area. The fair market rent was established by an independent appraisal that was performed by Randall H. Blacsi, ASA. Rent for the leased premises shall be payable on the l" of each month commencing on the executed date of said Lease. 5. Mailings & Noticing: All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested, or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or e-mail; and shall deemed received upon the earlier (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility (iii) if mailed by registered, certified, or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile, fax or e-mail, when sent. Any payment, notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons: 7'o the Lessor. To the Lessee: Brad Raulston, Executive Director Community Development Commission of National City 1243 National City Boulevard National City, CA 91950-4397 Frank Motors, Inc. Attn: James Fornaca, President 2400 National City Boulevard National City, CA 91950 6. Use. The subject property shall be leased to Lessee by Lessor for vehicle storage. 7. Assignment. This Lease shall not be assigned, hypothecated, leveraged, or transferred without the consent in writing of the CDC, evidenced by a resolution hereof duly adopted for said purpose. 8. Improvements. Lessee shall maintain all improvements in conformance with the laws of the State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. 9. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvements located or to be located on the leased premises. Lessee shall be responsible for all maintenance and repair, and the costs of all utilities on the leased premises. Lessee shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. Lessor shall cause the landscaped areas to be cared for, trinuned, Page 2of6 mowed, and weeded as necessary to maintain an attractive property. 10. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the Community Development Commission of the City of National City, the City of National City and their officers and employees from all liability, loss, costs, claims, demands, suits, and defense costs arising out of the use and maintenance of the leased premises and the improvements thereon by Lessee or any sub -lessee. 11. Insurance. Lessee shall take out and maintain, throughout the period of this Lease, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. Lessee shall also provide evidence of the following insurance coverage, which must be maintained throughout the period of this lease, if not included on the CGL policy or other garage policy: a. Commercial auto liability insurance with combined single limits of at least One Million Dollars ($1,000,000) per accident; and b. Garage keepers coverage/garage keepers legal liability coverage with limits of at least One Million Dollars ($1,000,000) per occurrence; and c. Workers' compensation coverage for all employees subject to this requirement sufficient to satisfy California statutory provisions. With the exception of the workers' compensation coverage, these policies shall name Lessor, the Community Development Commission of the City of National City, the City of National City, and their officers, agents, and employees as additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements arc to be received and approved by Lessor before this Agreement is signed. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fire in the amounts not less than eighty-five percent (85%) replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a Page 3 of 6 breach of the contract and terminate this Lease forthwith. 12. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 13. Termination. This Lease may be terminated by either party (without cause) upon ninety (90) days written notice. 14. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the leased premises. 15. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 16. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by the CDC. Lessee also agrees to pay for and obtain all required regulatory approves (permit) for any signage deemed necessary for the property. 17. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the leased premises. 18. Waiver of Relocation Assistance. In consideration for the execution of this lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the premises. 19. Termination by Lessor. Notwithstanding any other provision of this Lease to the contrary, Lessor may terminate the Lease upon ninety (90) days written notice to Lessee in the event Lessor determines the leased parking premises are uniquely suited for public, municipal or redevelopment purposes. In the event of such a termination Lessor agrees to work with Lessee to seek reasonable alternative parking arrangements for the Project, and Lessee shall Page 4 of 6 limit all of its claims for damages against Lessor to require Lessor's good faith assistance in relocating the parking for the Project. The burden of securing adequate parking for the Project, in any case, is on Lessee. 20. Environmental Compliance. Lessee shall not engage in, nor shall it permit any third party to engage in, activities upon the Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law. Lessee shall be, and remain for the term of this License, in full compliance with all applicable laws governing the use and occupancy of the Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law (hereinafter collectively referred to as "Standards"). Lessee shall not create nor permit to be created nor permit to exist upon the Premises any non-compliance with Standards or any condition which could be alleged to create a nuisance, public, private or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful Conditions"). Lessee shall contain any Harmful Condition to prevent it from deteriorating. Lease shall notify Lessor immediately of any IIarmful Condition or non- compliance with any Standard and Lessee shall notify all responsible local, state, or federal agencies as required by local, state or federal regulations. In the event Lessee fails to be in full compliance with the obligations assumed by Lessee herein and Lessee does not correct such non-compliance within three (3) days of written notice of such failure given by Lessor, Lessor may, but shall not be obligated to, take whatever action is necessary to bring the Premises into compliance. If however, Lessee has begun compliance within the allowed three (3) days of written notice, but such compliance cannot be accomplished with the allowed time frame, Lessor shall not interfere with Lessee's good faith efforts. If compliance has not been accomplished within fifteen (15) days, Lessor may, but shall not be obligated to, take whatever action is necessary. Lessee shall reimburse Lessor for all costs (including, but not limited to, consulting, engineering, clean up, containment, disposal, and legal costs) incurred by Lessor as a result of Lessee's failure to comply with the foregoing obligations assumed by Lessee, and also such costs as may be incurred by Lessor in abating or protecting against Harmful Conditions and/or a violation of Standards. Lessee shall indemnify, defend and hold Lessor, its employees and agents, harmless from and against any claim or lawsuit, local, state or federal enforcement action, or civil or criminal claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or alleged violation of Standards, or actual or alleged injuries to or death of any Page 5 of 6 persons and loss of or damages to property, including without limitation, employees and property of Lessor and Lessee, which arise during Lessee's presence on, or negligent use of, Premises. Lessee expressly agrees that the indemnification, and hold harmless obligations assumed by Lessee with regard to abatement of Il:armful Conditions and violations of Standards in this Article, shall survive expiration or termination of this Lease. 21. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials, buildings, structures, or other improvements upon the Licensed Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. IN WITNESS WHEREOF, this Lease is executed by the Community Development Commission of the City of National City, pursuant to resolution authorizing the Chairman to execute the same for and on behalf of said CDC, and Frank Toyota, Inc., has caused this instrument to be executed by its proper representatives thereon to duly authorized. Community Development Commission Of the City of National City Frank Motors, Incorporated By: By: .4 % I W Ron Morrison, Chairman James Fo aca, President APPROVED AS TO FORM: By: B George Eiser, III, CDC Attorney Page6of6 Fene , General Manager I ile No: 05720141 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 2 of Parcel Map No. 16651, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on October 2, 1991 as File No. 91-051683 of Official Records. • 33 PM 16891. PARK 3.37AC PAR 1 .224./ OF •-v7,2%.5"5" e CT OF 1, I CS• ,•• 7t:,1 H14. • . • 2 N. 7z 14' Z7-4 4 23. 3f QSEC 151,; t14. smetfet: Pr.." OP. Vit.41 e:Al*As --1 HWY 41°E-a"Alki, 0,?() 06.7 1‘,/0 20147_ • 71/ Os City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 5, 2007 30 AGENDA ITEM NO. ITEM TITLE A resolution approving a Cooperative Remediation Agreement with Pacific Steel, Inc. PREPARED BY ` DEPARTMENT Patricia Beard Community Development Commission Redevelopment Manager EXPLANATION On November 21, 2006 the Community Development Commission ("CDC") approved an Exclusive Negotiating Agreement ("ENA") with Home Depot USA, Inc. and Pacific Steel, Inc. ("PSI"). The conceptual proposal is to develop two retail stores (one being Home Depot) and an office building, plus to redevelop PSI on 15 acres between Civic Drive and 18th Street on the west side of Cleveland Avenue. Currently PSI owns or operates on 9.65 acres within the site. This agreement will allow the CDC, at PSI's expense, to develop a conceptual remediation strategy as part of due diligence for the Home Depot project. CDC staff believes that an advance acceptance of such a conceptual strategy by state regulators at the Department of Toxic Substances Control is key to successful redevelopment. The Agreement also provides for PSI to repay CDC's prior costs of environmental investigation, incurred over the many years during which CDC has pursued remediation and redevelopment of this site. As an incentive, a reduction of said prior costs is allowed in the event the Home Depot project is actually developed. Environmental Review Not applicable. Financial Statement As part of this Agreement (Sections 4.1 and 4.2) PSI agrees to pay past costs of $180,000 spent in environmental investigations on the site. The amount would be reduced to $100,000 should the Home Depot project be developed. CDC agrees to limit the cost of the currently proposed environmental work to $35,000, also to be paid by PSI. Account No 9 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. J ATTACHMENTS 1. Proposed Cooperative Amendment Resolution No. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A COOPERATIVE REMEDIATION AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PACIFIC STEEL, INC. FOR THE PREPARATION AND REVIEW OF A CONCEPTUAL HAZARDOUS REMEDIATION PLAN WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, on November 21, 2006, the CDC entered into an Exclusive Negotiating Agreement with Home Depot USA, Inc. and Pacific Steel, Inc to consider the feasibility of a redevelopment project on the western side of Cleveland Avenue between Civic Center Drive and 18th Street; and WHEREAS, due diligence activities relating to the proposed project require the preparation and review of a conceptual hazardous remediation plan; and WHEREAS, Pacific Steel, Inc. has agreed to cooperate with the CDC regarding these due diligence efforts related to hazardous materials at the company's expense, not to exceed $35,000; and WHEREAS, Pacific Steel, Inc. has agreed to reimburse the CDC for past costs associated with environmental investigations related to the redevelopment of the property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of National City hereby authorizes the Executive Director to execute a Cooperative Remediation Agreement with Pacific Steel, Inc. for the preparation and review of a conceptual hazardous remediation plan. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel COOPERATIVE REMEDIATION AGREEMENT BY AND BETWEEN TIIE COMMUNITY DEVELOPMENT COMMISSION OF TIIE CITY OF NATIONAL CITY ANI) PACIFIC STEEL, INC., A CALIFORNIA CORPORATION This Cooperative Remediation Agreement ("Agreement") is entered into as of March , 2007 by and between the Community Development Commission of the City of National City ("CDC") and Pacific Steel, Inc., a California corporation ("PST'), with reference to the following facts and objectives: RECITALS A. This Agreement concerns two areas of real property. The first set of properties are those commonly known and numbered as portions of 1500 and 1600 Cleveland Avenue, National City, Calitbrnia, and generally described as Assessor Parcel Numbers 559-051-09, -11, and -12, 559-056-03, 559-071-04, and 559-076- 01, -02, -03, -06, -09, -10 (plus applicable portions of closed streets, 16th Street, Harrison Avenue and the closed alley). PSI is the current owner and operator of these properties, hereinafter referred to as the "PSI Property." The second set of properties which are the subject of this Agreement are properties directly to the west of the PSI Property which are generally described as Assessor Parcel Number 559-040-46 and portions of 559-040-47 and 559-040-52. These properties are owned by Burlington Northern Santa Fe Railroad and arc hereinafter referred to as the "BNSF Property." PSI has conducted business operations on and is a current Lessee, on a holdover basis, of the RNSF Property. The PSI Property and the BNSF Property are sometimes jointly referred to in this Agreement as the "Properties." B. The Properties are located within the Ilarbor District Redevelopment Arca of the City of National City (the "City") for which area the City has adopted a Redevelopment Plan that is administered by the CDC. C. The PSI Property and the BNSF Property arc now subject to a Corrective Action Consent Agreement, Docket HWCA 20020016 (the "Consent Order" or the "DTSC Consent Order") issued by the California Department of Toxic Substances Control ("DTSC"), which was agreed to by PSI in August of 2004. In addition, the PSI Property is subject to a Clean Up and Abatement Order (No. 87 - 109, as amended) that the San Diego Regional Water Quality Control Board ("RWQCR") issued in 1987. D. The Properties are impacted with hazardous substances, as that term is defined in the Polanco Redevelopment Act, California Health & Safety Code §§ 33459 et seq. (the "Polanco Act). SLY582902.! E. Ci)C and PSI (jointly referred to hereinafter as the "Parties") recognize that the PSI Property and the BNSF Property are planned to be the site of a future redevelopment project. F. Consistent with the goal of redeveloping the Properties, PSI, CDC and Ilome Depot, Inc. ("HD") entered into an Exclusive Negotiating Agreement ("ENA"), dated November 21, 2006, which allows for the negotiation of a possible redevelopment plan for the Properties and other adjacent parcels of land. G. CDC also has entered into negotiations with BNSF for the purchase of the BNSF Property, which acquisition would he conditional on CDC's getting assurances from the DTSC that the ultimate remedy for the Properties will he one that emphasizes the re -use of materials on site to minimize the extraordinary costs that would be involved in the export, transportation and disposal of a substantial quantity of soils off site, and upon PSI's agreement to pay the costs and expenses to remediate the BNSF Property. Acquisition of the BNSF Property is necessary for the possible redevelopment plan described in the ENA. H. As a result of the DTSC Consent Order, the Properties must be remediated and a plan for the ultimate remediation of environmental conditions at the Properties will be required. The Parties agree that a cooperative approach to this task is in their mutual best interests and on the terms and conditions set forth in this Agreement agree to cooperate in connection with the remediation of the Properties as necessary to support a future redevelopment project, including the redevelopment plan described in the ENA, and to address the DTSC Consent Order for the PSI Property. THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Regulatory Oversight 1.1 'fhe Parties agree that it would be advantageous to have DTSC act as the lead regulatory agency providing oversight for all remediation activities relating to the Properties (the "Cleanup Project"). The Parties will approach the remediation of the Properties in the context of a "brownfields" project, and CDC and PSI will work cooperatively in negotiating with DTSC for the development and approval of ultimate remediation strategies for the Properties (the "Conceptual Plan"). The Parties agree that the Conceptual Plan shall accommodate the possible redevelopment plan described in the ENA. 1.2 The Parties agree that each will share any correspondence in connection with the Properties received from DTSC or any other environmental regulatory agency within five (5) business days of its receipt. In addition, the Parties agree that they shall jointly approve of any submittal to the DTSC concerning the Conceptual Plan. 2. Preparation of a Remedial Action Plan for the Properties 2.1 As stated above, PSI has been conducting business operations on the Properties. As a result, the DTSC. Consent Order has required the further assessment and treatment of soils from the Properties, some of which are currently stockpiled on the PSI 2 Sn\92902.1 Property. Approval for the treatment equipment to accomplish these tasks has been obtained from DTSC and the treatment process has commenced. 2.2 The DISC Consent Order identifies various stages for completion of tasks that generally expand the assessment of environmental conditions at the site to include all of the Properties. The Consent Order anticipates that PSI will propose an ultimate remedial plan (the Corrective Measures Implementation ("CMI")) after this assessment process is complete. 2.3 The Parties agree that CDC's environmental consultant, the firm of Gcosyntec, Inc., along with Opper & Varco, LLP, and CDC staff will work jointly with representatives of PSI to prepare the Conceptual Plan that shall he submitted for approval by the DTSC. The Conceptual Plan will be submitted to the DTSC on behalf of the CDC and PSI as soon as commercially reasonable. CDC's costs in this regard are recoverable costs under the Polanco Redevelopment Act, and shall he reimbursed as provided herein in Section 4.2. 2.4 The Conceptual Plan to be submitted to DISC shall be designed to maximize the efficient re -use of soils at the site, shall propose the use of institutional controls as a result, shall he prepared based on data from the operation of the PSI treatment equipment, and shall accommodate the possible redevelopment plan described in the ENA. The Parties agree that the goal is to have the DTSC approve the C'MI for the Cleanup Project based on the Conceptual Plan. The Conceptual Plan will put DTSC on notice that the CDC is proceeding using the Polanco Act in order to try and secure as much regulatory flexibility as possible and to enhance the usefulness of the Properties in their "after remediation" condition by the attachment of the immunities available pursuant to the Polanco Act, 2.5 Once the Conceptual Plan is approved by the DTSC, provided that the CDC has received assurances and security acceptable to the CDC in its sole discretion that PSI will pay for all costs and expenses of the Cleanup Project, the CDC staff will use its best efforts to complete its planned purchase of the BNSF Property so that the Cleanup Project can be implemented for the Properties as a whole in an efficient manner. 3. Immunity Pursuant to the Polanco Redevelopment Act The Parties agree that if the CDC is involved, and the Properties are mitigated as a "brownfuelds" project with the oversight from the DTSC, the plan preparation and implementation process described above will occur in a method not inconsistent with the Polanco Act. Accordingly, once the DTSC has concurred that no further action is required at the Properties, and a Certificate of Completion has been issued, the CDC will receive the immunities granted by the Polanco Act. At that point, PSI may seek to have some portion of the DTSC Consent Order rescinded. PSI will work directly with the DTSC to address, and ultimately rescind, the DTSC Consent Order. The CDC will have no obligation under this Agreement to resolve any of the issues presented by the DTSC Consent Order. 4. Payment of Costs 4.1 The Parties recognize that the CDC has incurred substantial costs and expenses since the issuance of its 60-Day Notice pursuant to the Polanco Act, including but 3 SD\552902.1 not limited to, costs to investigate the Properties, to prepare a Property Mitigation Plan for the Properties, as well as legal costs (the "Polanco Past Costs"). In an effort to avoid any additional expenses associated with verifying the amount of the Polanco Past Costs, the Parties agree that the amount of the Polanco Past Costs shall be $180,000, provided, however, that if the redevelopment of the Property contemplated in the ENA occurs, the Polanco Past Costs shall be reduced to $100,000. The Parties agree that the Polanco Past Costs shall be a deduction from the purchase price of the PS1. Property at such time as a final agreement between the Parties is reached as contemplated in the ENA, and either paid to CDC out of the proceeds being paid to PSI from Horne Depot, or an offset to CDC's own acquisition costs. 4.2 PSI agrees to reimburse the CDC for the consulting costs to develop the Conceptual Plan on the same basis as Polanco Past Costs in an amount not to exceed $35,000_ The Parties may mutually agree to increase the not to exceed amount stated in this Agreement. The CDC reserves the right to seek reimbursement from PSI for other costs that it incurs subsequent to the effective date of this Agreement that it may he entitled to recover from PSI pursuant to the Polanco Act. 5, Future Redevelopment of the PSI Property and Valuation Date Agreement It is agreed between the Parties that any future redevelopment of the Properties will be designed to an industrial/commercial standard, as is contemplated in the ENA, so that the clean-up requirements for the Properties will be those appropriate to a commercial or industrial end -user of the Properties. lithe anticipated redevelopment project with Home Depot does not materialize, the CDC reserves its rights to consider the commencement of proceedings in eminent domain to acquire the PSI lands directly. In the event that the anticipated redevelopment project with home Depot does not materialize and the CDC seeks to acquire the PSI property under eminent domain, it is agreed by CDC and the Owner that this Agreement shall serve as a Second Amendment to the Agreement Concerning the Valuation Date for Real Property dated June 15, 2005, between the parties hereto, and that Section 1 of that Agreement entitled "VALUATION DATE" is deleted and replaced in its entirety with the following: VALUATION DATE. PSI and CDC agree that the date of valuation for the Property in either a negotiated sale or condemnation/eminent domain proceeding shall be May I, 2005. This agreement concerning the date of valuation for the Property shall remain in effect for ninety (90) days after Home Depot notifies the City that it is no longer pursuing redevelopment of the Property in cooperation with PS1. 4 SD'582902 1 6. Revocation and Survival of Claims Either Party may terminate this Agreement upon fifteen (15) days written notice to the other Party. Upon termination of this Agreement, each Party retains all rights it may have under the law, including the Polanco Act, to assert any claims such Party may have against the other. If this Agreement is terminated, the Parties agree that each shall retain all of its rights (and reserve its defenses) to litigate its claims regarding future Polanco Costs, but that, in such an instance, the status of PSI in the event of such a dispute shall be tolled, and its liabilities and obligations shall he determined as though it were a current "owner" as that term is used in the Polanco Act, even if title to the PSI Property has been transferred prior to that time. Agreement for the payment, by Owner to Agency, for the costs identified in Section 4 of this Agreement will survive any such termination, and will be continuing and surviving obligations due and payable on sale of Owners property or as offsets to the Agency's cost for acquisition under eminent domain or the threat thereof. 7. Further Documents The Parties agree to execute such further documents and take such other action as may be reasonably necessary to implement the terms of this Agreement. 8. Effective Dates This Agreement shall be effective as of the first date written above. Unless terminated as provided above, this Agreement will remain effective until the CDC has confirmed in writing to PSI that PSI has completed its obligations under this Agreement or the Agreement is revoked pursuant to Section 6 above. 9. Benefits of Agreement This Agreement shall inure only to the benefit of the Parties to this Agreement. No third parties are intended or unintended beneficiaries of this Agreement unless expressly provided herein. Nothing in this Agreement shall in any way diminish the rights either Party may have to seek to recover its costs associated with the Agreement from any other third parties. 10. No Assignment Neither Party shall assign its rights or benefits under this Agreement without the prior written consent of the other Party. 11. Time Time is of the essence as to all dates and periods of perfonnancc contemplated by this Agreement. 5 su'582902.1 12. Notice Notice shall be provided by mail and facsimile to: CDC: PSI: Mr. Brad Raulston Executive Director, CDC 1243 National City Blvd. National City, CA 91950 And to: Richard Opper, Esq. Opper & Varco, LLP 225 Broadway, Suite 1900 San Diego, CA 92101 Facsimile: (619) 231-5853 Pacific Steel, Inc. 1700 Cleveland Avenue National City, CA 91950 Attention: President Facsimile: 619-477-1222 And to: Allen Haynie, Esq. Latham & Watkins 600 West Broadway, Suite 1800 San Diego, CA 92101 Facsimile: (619) 236-1234 13. No Construction Against Authorship The rule that any ambiguity shall be construed against the author shall not apply to this Agreement. 14. Complete Agreement This Agreement represents the complete Agreement between the Parties with regard to their responsibilities for the rcmediation/mitigation of hazardous substances at the Properties and cannot he modified except by written amendment. 15. Governing Law This Agreement shall be governed by the law of the State of California. 6 sMss29o2.1 16. Severability Should any part of this Agreement be deemed illegal by a court of competent jurisdiction, that portion of the Agreement shall be severed from the Agreement and shall not affect the legality of the remaining portions of the Agreement. 17. Counterparts This Agreement may be executed in counterparts. A copy of this Agreement bearing the original signature of some parties and the photocopied signatures of other parties shall be enforceable in the same manner as a fully executed original document. Remainder of Page Intentionally Left Blank 7 SD\582902.► City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 5, 2007 31 AGENDA ITEM NO. ITEM TITLE A resolution approving the First Amendment to the Exclusive Negotiation Agreement between Home Depot U.S.A., Inc and Pacific Steel, Inc. PREPARED BY A DEPARTMENT Patricia Beard Community Development Commission Redevelopment Manager EXPLANATION On November 21, 2006 the Community Development Commission ("CDC") approved an Exclusive Negotiating Agreement ("ENA") with Home Depot USA, Inc. and Pacific Steel, Inc. ("PSI"). The conceptual proposal is to develop two retail stores (one being Home Depot) and an office building, plus to redevelop PSI on 15 acres between Civic Drive and 18th Street on the west side of Cleveland Avenue. Land acquisition discussions and environmental investigation of hazardous conditions for the project are taking longer than the 180 days established in the ENA. Staff, as well as the developers, are requesting additional time to work together prior to bringing forward a Disposition and Development Agreement for consideration. This Amendment would add an additional 180 days to the ENA. Environmental Review Not applicable. Financial Statement The developers have deposited $25,000 per the terms of the ENA. Costs of the due diligence have been assigned in the ENA and are primarily the responsibility of the developers. Account No 9 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Proposed ENA Amendment 2. Resolution No. RESOLUTION NO. 2007 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE FIRST AMENDMENT TO THE EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION, HOME DEPOT U.S.A. INC. AND PACIFIC STEEL, INC. WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, on November 21, 2006, the CDC entered into an Exclusive Negotiating Agreement with the Home Depot USA, Inc. and Pacific Steel, Inc. to consider the feasibility of a redevelopment project on the western side of Cleveland Avenue between Civic Center Drive and 18th Street; and WHEREAS, due diligence activities relating to the proposed project have taken longer than the 180 days originally provided by the Exclusive Negotiating Agreement; and WHEREAS, the proposed project is important to the continued fiscal sustainability of the City of National City. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Executive Director to execute the First Amendment to the Exclusive Negotiating Agreement between the Community Development Commission of the City of National City, Home Depot USA, Inc. and Pacific Steel, Inc. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel 05/09/2007 14:08 6196967119 LATHAM g WATKINS PAGE. 03/04 FIRST AMENDMENT to EXCLUSIVE NEGOTIATING AGREEMENT between COMMUNITY DEVELOPMENT COMMISSION of THE CITY OF NATIONAL CITY and JIOME DEPOT U.S.A., INC. and PACIFIC STEEL, INC. On November 21, 2006, the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("CDC"), and HOME DEPOT U.S.A., INC., a Deleware Corporation, and PACIFIC STEEL, INC.DEVELOPMENT COMPANY, LLC, a California corporation ("Developers"), entered into an EXCLUSIVE NEGOTIATION AGREEMENT ("Agreement') for Developer to explore the feasibility of redeveloping properties on the west side of Cleveland Avenue from Civic Center Drive to 18th Street (the "Site''). WHEREAS, the parties have worked diligently to explore the feasibility but need to extend the original schedule to assess likely hazardous soils remediation necessary to the project; and WHEREAS, the CDC is conducting an Owner Participation process related to the feasibility of the potential project and requires additional time for the process; and WHEREAS, CDC and Developers desire to extend the original schedule to allow an additional 180 days of feasibility exploration; THE PARTIES AGREE TO AMEND TIIE AGREEMENT AS FOLLOWS: 1. The Exclusive Negotiation Period is hereby extended until November 21, 2007; 2. Future extensions of the Agreement may be authorized by the Executive Director up to and until November 21, 2009. 3. With the exception of the above two provisions, the original Exclusive Negotiation Agreement remains in full force and effect. IN WITNESS WHEREOF, the Parties have entered into this Amendment as of May 15, 2007. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic: By: Brad Raulston, Executive Director Page 1 of 2 I ". Amendment to ENA. Site A 05/99/2007 7.4:09 ;'95957619 P© E p!d/Gid Initials: APPROVED AS To FORM: By: Creor€'c H. Eise.r, 111. City -CDC Attorney DEVELOPER: HOME DEPOT U.S.A. INC, a Delaware corporation By: Title: By: Title: a r/i.,4-E) _Apo K -Imhoff Director - Legal PACIFIC STEEL, INC., a California corporation By: Title: Fernando Solorzano/ President By: Tile: Marisela Martine7J CFO Page 2 of 2. I°. Amendment to E1VA, Site A NNW floe-03-2006 10:04 HOW 7-818 P.002/003 F-954 INCUMBENCY/SECRETARIAL CERTIFICATE The undersigned Assistant Secretary of Ilome Depot U.S.A., Inc., a Delaware corporation (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 of the Board of Directors in Lieu of A Special Meeting, effective July t. 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 and General Counsel, the Senior Vice. President -Real Estate, the Vice President - Real Estate, the Vice President -Real Estate Law, each of the Senior Directors-Rcal Estate Law, each of the Dim -clots -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 dhreeted, in the name of the Corporation, to take such steps as are necessary or desirable ro effect the Corporation's policy of expansion and maintenance of its properties including, btu 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 F_cccutive 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, arc hereby authorized and directed. in the name of the Corporation, to take, of cause to be taken, any and all actions and to execute and deliver any and all such other contracts- assigntnents, 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. C\REALESTTORMSCorpotate,lnnunUency Secrrt.vial Cen March 2(><k; da- MOV-03-2006 10:04 FROM- T-918 P.003/003 F-954 The persons named below were on the date hereof the duly designated and qualified signatories of die Corporation. as set opposite his or her respective name. and that the signature appearing opposite his or her name. is the genuine facsimile. signature of said signatory: Name Michael C. Larerlc Michael T. McGuire James J. Scott Jeff A. L rael Ann K. Jcrhoff Jacob R. Pritcher. Jr. Cynthia L. Warren Brett D. Solo.ay Erika M. Straiten Title Vice President Real Estate Vice President Real Estate Law Senior Director Real Estate Law Senior Director Real Estate Law Director Real Estate Law Director Real Estate Law Director Real Estate Law Director Real Estate Law Corporate Counsel - Rea1 Estate Iaw Thomas K. Anderson Corporate Counsel - Real Estate Law t;.natutc t r7litAa �- IN WITNESS WHEREOF. the undersigned has hereunto of ixcd the seal of the Corporation and set his4 ec signature, on this. the / day of QG'idk C 2001.2. (CORPORATE SE.4t Title: 3 ')_'Olio Mar / Bech Lamorlce As sLanr secretary APPROVED AS TO FORM: By: George H. Eiser, III, City -CDC Attorney DEVELOPER: HOME DEPOT U.S.A. INC, a Delaware corporation By: Title: By: Title: PACIFIC STEEL, INC., a California corporation By: Title: Marisela Martinez/ CFO CJ 4-)/o } rzano/ Y i 4/ 67 Page 2 of 2 I". Amendment to ENA, Site A City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 32 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF (ITEM CITY ACCEPTING CONVEYANCE OF REAL PROPERTY AND DIRECTING THE RECORDATION OF A QUITCLAIM DEED PREPARED BY George H. Eiser, III DEPARTMENT City Attorney (Ext. 4221) EXPLANATION It was several years ago that the CDC acquired the land on which the Marina Gateway Project will be constructed. However, relatively recently, in preparing the documents for transfer of the land to the developer, staff discovered that there were remnants of land that had not been included in the original acquisition, because the title company failed to identify these remnants and earmark them for acquisition. Subsequent efforts by special counsel have resulted in one of the owners of those remnants quitclaiming his interest to the CDC, without payment of additional compensation by the CDC. The proposed resolution would accept the conveyance and direct the recordation of a certificate of acceptance. Environmental Review Y N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Quitclaim Deed Certficate of Acceptance A•200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY AND DIRECTING THE RECORDATION OF A QUITCLAIM DEED BE IT RESOLVED by the Community Development Commission of the City of National City the Secretary is hereby directed to execute a Certificate of Acceptance and to record the following instrument conveying an interest in real estate to the Community Development Commission of the City of National City. QUITCLAIM DEED dated May 10, 2007, from GEORGE G. WRIGHT (APN 559-160-11-00) PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel RECORDING REQUESTED BY CHICAGO TITLE COMPANY AND WHEN RECORDED MAIL TO ILAW OFFICES OF DON DETISCH 110 WEST A STREET #750 SAN DIEGO, CA 92101 L J Escrow No. Order NO. 53010010 - U13 SPACE ABOVE THIS LINE FOR RECORDERS USE QUITCLAIM DEED Aseeeeor'e Parcel No: POR 559-160-11-00 THIS UNDBRSIGNL'D GRANTOR(S) DECfARF.(S) ' EDOCUMEN ARYTRANSFERTAX IS ❑ unincorporated area ❑ Cityof K❑ computed on the full value of the tnterest or property conveyed, or is ❑ computed on the full value Tess the value of lien or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GEORGE G. WRIGHT AND BEVERLY WRIGHT WOTHERSPOON, SUCCESSOR TRUSTEES OF THE TRUST UNDER THE WILL OF MARJORIE H. WRIGHT, AND WRIGHT PACKING CO., INC., BY GEORGE G. WRIGHT, AS REMAINING OFFICER hereby REMISE. RELEASE AND FOREVER QUITCLAIM to COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, A COMMUNITY DEVELOPMENT COMMISSION the following described real property in the County of SAN DIEGO , State of California: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE Dated STATE OF GAWFORNA COUNTY OF Fcrrtorl} I %- On (q - I0,2cx5-1 bofore.me, kin 1 Jr1 fSOrl a Notary Publio In -and for said County and State, personally appeared 6le rpy, Et. Ink.shir personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that le/she/they executed the same in Itjt s/her/their authorized capacity(es), and that by his er/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GEOR 0. IGHT, TRUSTEE BEVERLY WRIGHT WOTHF.RSPOON, TRUSTEE WRIGHT PACKING CO., INC. By:'-'��i%�/! GEORGE G. WRIGHT, REMAIN G OFFICER KRISTIN WATSON NOTARY PUBLIC WITNESS hand and official seal. COUNTY OF STATE OF FREMONT .!: '!ri WYOMING MY COMMISSIONFJtPIRESSEPIEMqBER�18y,2010 Signature of Notary r. v,n�.r,'JeaQUH �IARIP MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name QO00a/12/a4bk Street Address City, State & Tip Page 1 Order No: 53010810 -U13 LEGAL DESCRIPTION EXHIBIT ALL THAT PORTION OF CLEVELAND AVENUE (FORMERLY 8TH AVENUE) AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 12268 OF THE CITY OF NATIONAL CITY RECORDED FEBRUARY 28, 1977 AS FILE NO. 77-072282, OFFICIAL RECORDS, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE CENTER LINE OF'25TH STREET AND LYING NORTHERLY OF TIIE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID 25TH STREET, IN THE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882. EXCEPTING THEREFROM THE EASTERLY FOURTEEN FEET OF CLEVELAND AVENUE (FORMERLY 8TH AVENUE) ADJACENT TO THE WESTERLY LINE OF VACATED FORTY FOOT CLEVELAND AVENUE AND BETWEEN THE SOUTHERLY-4,INE OF TWENTY-FOURTH STREET AND.,THE,SOUTHERL-Y- LINE OF -TWENTY-FIFTH -STREET .AS SHOWN ON SAID MAP 340, AS RESERVED FROM SAID VACATION IN SAID DOCUMENT. OEEULOLT-04/20/94bk CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed dated May 10, 2007, recorded on , Document Number in the Office of the San Diego County Recorder, to the Community Development Commission of the City of National City, is hereby accepted by order of the National City Community Development Commission per Resolution No. , dated June 5, 2007, and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: June 5, 2007 BRAD RAULSTON Secretary Community Development Commission of the City of National City City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 5, 2007 AGENDA ITEM NO. 33 / ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) ACCEPTING A GRANT DEED FROM HIGHLAND PARK PURPLE COW REVESTING TITLE TO THE PROPERTY DESCRIBED AS APN 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, AND 551-470-48 TO THE CDC, AS PROVIDED BY THE DDA PREPARED BY Claudia Gacitua SilvaDEPARTMENT City Attorney (Ext. 4222) EXPLANATION The CDC had previously entered into a Disposition and Deveolpment Agreement (DDA) with developer Highland Park Purple Cow LLC. The developer did not commence construction of the project, which resulted in a court case being filed against the developer. That court case (GIC871365) is currently pending before the Superior Court of San Diego alleging various breaches by the developer, including not complying with the terms of the Development and Disposition Agreement by failing to commence or complete construction of the proposed project. The CDC had conveyed title to the property at issue as part of the DDA. In the event of a breach, the DDA provides that the developer must re -vest its title in the property back to the CDC. The CDC previously demanded the re -vesting. The developer is now re -vesting title to the property to the CDC. By accepting this deed, the property would once again be re -vested in the name of the CDC. Environmental Review 4 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution Grant Deed A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) ACCEPTING A GRANT DEED FROM HIGHLAND PARK PURPLE COW REVESTING TITLE TO THE PROPERTY DESCRIBED AS APNS 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, AND 551-470-48 TO THE CDC, AS PROVIDED BY THE DDA WHEREAS, the CDC had previously entered into a Disposition and Deveolpment Agreement (DDA) with developer Highland Park Purple Cow LLC for the property described as APNs 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, and 551-470-48; and WHEREAS, the developer did not commence construction of the project, which resulted in a court case being filed against the developer. That court case (GIC871365) is currently pending before the Superior Court of San Diego alleging various breaches by the developer, including not complying with the terms of the Development and Disposition Agreement by failing to commence or complete construction of the proposed project; and WHEREAS, the CDC had conveyed title to the property at issue as part of the DDA. In the event of a breach, the DDA provides that the developer must re -vest its title in the property back to the CDC; and WHEREAS, the CDC previously demanded the re -vesting. The developer is now re -vesting title to the property to the CDC. By accepting this deed, the property would once again be re -vested in the name of the CDC, and the CDC would retain its rights to pursue its other remedies in the litigation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a Grant Deed from developer Highland Park Purple Cow revesting title to the property described as APNs 551-470-43, 551-470-15, 551-470-17, 551-470-18, 551- 470-19, and 551-470-48 to the CDC, as provided by the DDA PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Prepared By and After Recording Return to: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Send Tax Statements to Grantee (Name and Address): (same as above) GRANT DEED APN: Documentary Transfer Tax: $-0- 551-470 43, 551-470-15, 551-470-17, 551-470-18, 551-470-19, and 551-470-48 (Transfer without monetary consideration) For valuable consideration, receipt of which is acknowledged, HIGHLAND PARK PURPLE COW, LLC, a California limited liability company ("Grantor") hereby remises, releases and grants to COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("Grantee") the following described real property located in the City of National City, County of San Diego, California: See Exhibit "A" attached hereto and incorporated herein This grant is made by Grantor to Grantee without waiving any rights, that the Grantor has under that certain Disposition and Development Agreement entered into between Grantor and Grantee dated April 15, 2003 ("DDA"), a copy of which is on file with Grantee at its offices as a public record and with is incorporated herein by reference. Further, the Grantee waives no rights against the Grantor that it has under the DDA, if any, by the acceptance of the Grant Deed. Dated: April 30, 2007 Grantor: HIGHLAND PARK PURPLE. COW, LLC, a California limited liability company James L. Hammett, Manager Revised 4/02 8Os55. http://www.uslegalforms.com This is to certify that the interest in real property conveyed by this instrument to the Community Development Commission of the City of National City, is hereby accepted by the undersigned officer on behalf of the Community Developrnent:Commission of the City of National City, pursuant to authority conferred by Resolution No. , adopted by the Board of Directors of the Community Development Commission of the City of National City on , 2007 and the grantee consents to recordation thereof by its duly authorized officer. Date: By: Its: 803855.1 State of California County of San Diego On April 30, 2007, before me, Teresa Karas, a Notary Public, personally appeared Allan J. Kuebler, personally known to me (or proved to me on the basis of satisfactory evidence) to he the rson(s) whose name(s)(j%are subscribed to the within instrument and acknowledged to me that i Vshe/they executed the same it ii /her/their authorized capacity(ies), and that h}6j/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: woQ 0/Q otary Public t)2 jzoio l Type or Print Name On April 30, 2007, before me, Teresa Karas, a Notary Public, personally appeared James L. Hammett, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(srare subscribed to the within instrument and acknowledged to me thatshe/they executed the same ira/her/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: Notary JPublic 2 Type or Print Name lERESA WAS Commissions 1031140 Notary ►uelc • Collowdo Son Diego Cooly CaRsn. epees Jan!, UR 803855 t EXHIBIT "A" TO GRANT DEED [Legal Description of Property] Revised 4/02 R03855.1 linp://www.uslegalfonns.com 2137 "EXHIBIT A" Page 1 DESCRIPTION - Ordcr No. 33010174 PARCEL 1: (APO: 551-470-43) THAT PORTION OF LOT 69 OF THE EX -MISSION LANDS OF SAN DIEGO (COMMONLY KNOWN AS HORTON'S PURCHASE), IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFPICE OF THE- COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE PEEBLD OF:SAN DIEGO THAT IS 59.50 RODS SOUTH AND 73.80 RODS WEST OF THE NORTHEAST CORNER OF SAID LOT 69; THENCE NORTH 89° 40' 00" EAST 379.60 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED FROM CHARLES 0. POWERS TO E.A. MC CORMICK RECORDED MAY 2, 1922 IN BOOK 876, PAGE 465 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EAST LINE OF SAID -MC CORNICE LAND, NORTE 15° 33' 00° WEST, 289.00 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE ALONG THE NORTH LINE OF SAID LAND, SOUTH 73° 27' 001 WEST, 76.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE AT RIGHT ANGLES, NORTH 16° 33' 00° WEST, 48.00 FEST; THENCE SOUTH 730 27' 00" WEST, PARALLEL WITH THE NORTH LINE OF SAID MC CORMICK LAND, 295.00 FEET, MORE OR LESS,'TO THE EAST LINE OF PUEBLO LANDS OF SAN DIEGO; THENCE ALONG SAID PUEBLO LANDS LINE SOUTH 16° 57' 00" EAST, 48.00 .0 S`T, TO THE NORTH LINE OF SAID MC CORMICK LAND; THENCE ALONG SAID NORTH LINE NORTH 73° 27' 00° EAST, 295.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (APN: 551-470-43) THE NORTHWESTERLY 12 FEET OF THE SOUTHWESTERLY 295 FEET OF ALL TEAT PORTION OF LOT 69 OF A PORTION OF THE EX -MISSION LANDS OF SAN DIEGO, KNOWN AS HORTON'S PURCHASE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FTT.ED IN THE OFFICE OF THE COUNTY RECORDER of SAN DIEGO COUNTY, MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 69, ,SOUTH 981.75 FEET AND • WEST 1,217,70 FEET FROM THE NORTHEAST CORNER OF SAID LOT; THENCE NORTH 89° 40' 00" EAST, 379.60 EEE1; THENCE NORTH 15° 33' .00" WEST, 289.0.0 FEET; THENCE SOUTH 73° 27' 00" WEST, 371.00 FEET TO A POINT IN SAID WESTERLY LINE; THENCE SOUTH 16° 57' 00" EAST, ALONG SAID WESTERLY LINE, 182.20 FEET TO THE POINT OF BEGINNING. PARCEL 3: (APN: 551-470-15 AND 17) THAT PORTION OF LOT 69 OF A PORTION OF THE EX -MISSION LANDS OF SAN DIEGO (COMMONLY CALLED HORTON'S PURCHASE), IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING•AT A POINT IN THE EASTERLY LINE OF THE PUEBLO OF SAN DIEGO THAT IS 59.5 RODS SOUTH AND 73.2 RODS WEFT OF THE NORTHEAST CORNER OF SAID LOT 69; THENCE NORTH 89° 40' EAST 379.6 FEET TO THE SOUTHEAST CORNER OP LAND DESCRIBED IN DEED FROM CHARLES O. POWERS, TO E.F. MC CORMICK RECORDED MAY 2, 1922 IN BOOK 876, PAGE 465 OF DEEDS, IN THEOFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EAST LINE OF SAID MC CORMICK LAND NORTU 15° 33' WEST 289.0 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE ALONG THE NORTH LINE OF SAID LAND SOUTH 73° 27' WEST 76.00 FEET; THENCE AT RIGHT ANGLES NORTH 16° 33' WEST 48.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 16° 33' WEST TO THE NORTH LINE OF LAND DESCRIBED IN DEED FROM JAMES W. POWERS ET DX TO CHARLES O. POWERS RECORDED NOVEMBER 5, 1921 IN BOOK 855, PAGE 428 OF DEEDS, IN 2138 P a c rt 2 3 3 01017 4 DESCRIPTION THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE WEST ALONG THE NORTH LINE OF LAND SO DESCRIBED IN SAID DEED TO THE NORTHWEST CORNER THEREOF, BEING A POINT IN THE EAST'LINE OF THE PUEBLO OF SAN DIEGO; THENCE ALONG SAID PUEBLO LINE SOUTH 16° 57' EAST TO INTERSECTION WITH A LINE BEARING SOUTH 730 27' EAST FROM THE TRUE POINT OP BEGINNING; THENCE NORTH 73° 27' EAST 295.00 1EE'1' TO THE TRUE POINT OF BEGINNING. PARCEL 4: (APfl 551-470-19) ALL THAT PORTION OF A PORTION OF THE EX -MISSION LANDS AND SAN DIEGO, COMMONLY KNOWN AS HORTON'S PURCHASE, IN THE CITY OF. NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAY THEREOP NO. 283, PILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINZ OF A PORTION OF' SAID LOT 69 CONVEYED TO CHARLES 0. POWERS BY DEED DATED NOVEMBER 4, 1921 AND RECORDED IN BOOK 855, PAGE 428 OF DEEDS, WITH THE EASTERLY LINE OF A PUBLIC HIGHWAY KNOWN AS THE EXTENSION OF HIGHLAND AVENUE THROUGH HORTON'S PURCHASE OF EX -MISSION RANCHO AS SHOWN ON MAP OF OLD SURVEY NO. 149 AND ROAD'SURVEY NO. 321, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY;'THENCE EAST ALONG SAID NORTH LINE OF SAID POWERS PROPERTY, A DISTANCE OF 150 FEET; THENCE SOUTH ALONG ALINE PARALLEL WITH THE EAST LINE OF SAID LOT 69 A DISTANCE OF 39 FEET; THENCE WESTERLY IN A STRAIGHT LINE A DISTANCE OF 151 FEET, MORE OR LESS TO A POINT ON THE EASTERLY LINE OF SAID HIGHLAND AVENUE, WHICH IS THEREON 48 FEET SOUTHERLY FRON THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF SAID HIGHWAY, 40 FEET TO THE POINT OF BEGINNING. PARCEL 5: (APN: 551-470-18) THAT PORTION OF A PORTION OF THE EX -MISSION LANDS AND SAN DIEGO, COMMONLY KNOWN AS HORTON'S PURCHASE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OP THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF A PORTION OF SAID LOT 69 CONVEYED TO CHARLES O. POWERS BY DEED DATED NOVEMBER 4, 1921 AND RECORDED IN BOOK 855, PAGE 428 OF DEEDS, WITH THE EASTERLY LINE OP A PUBLIC HIGHWAY KNOWN AS THE EXTENSION OF HIGHLAND AVENUE THROUGH HORTON'S PURCHASE OF EX -MISSION RANCHO AS SHOWN ON MAP OF OLD SURVEY NO. 149 AND ROAD SURVEY NO. 321, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF HIGHLAND AVENUE A DISTANCE OF 48 FEET TO THE TRUE POINT OF BEGINNING, BEING THE SOUTHWESTERLY CORNER OF A PORTION OF SAID LOT 69 CONVEYED BY CHARLES O. POWERS TO CLINE O. POWERS'BY DEED DATED OCTOBER 8, 1935 AND RECORDED IN BOOK 445, PAGE 18 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND CONVEYED TO CLINE O. POWERS A DISTANCE OF 140 FEET; THENCE ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID LOT 69 A DISTANCE OF 44 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE, A DISTANCE OP 127 FEET MORE OR LESS TO A POINT ON THE EASTERLY LINE OF SAID HIGHLAND AVENUE WHICH IS DISTANT THEREON 54 FEET SOUTHERLY FROM THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF SAID HIGHWAY 54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 6.: (APN: 551-470-48) THAT PORTION OF A PORTION OF THE EX -MISSION LANDS AND SAN DIEGO, COMMONLY KNOWN 2139 Page 3 DESCRIPTION Order Ivo. 33 010174 AS HORTON'S PURCHASE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED TN TEE OFFICE OF THe COUNTY RECORDER OF SAN DIEGO,COUNTY MARCH 9, 1878, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF THE LANDS OF VESTA MAGEE IN SAID LOT 69 AS DESCRIBED IN THE DEED RECORDED IN BOOR 455, PAGE 19 OF OFFICIAL RECORDS AND RUNNING THENCE EASTERLY ALONG A LINE FORMING THE EASTERLY PROLONGATION OF TEE SOUTHERLY BOUNDARY LINE OF THE LANDS OF SAID VESTA MAGEE TO THE POINT OF IN ERESECTION OF SAID PROJECTION WITH THE NORTHERLY PROJECTION OF THE EASTERLY LINE OF.THE LANDS OF CHARLES O. POWERS AND ADELAIDE POWERS IN SAID LOT 69 AS DESCRIBED IN THE DEED RECORDED IN BOOK 874, PAGE 377 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID NORTHERLY PROJECTION NORTHERLY TO THE INTERESBCITON THEREOF WITH THE SOUTHERLY LINE OF LANDS OF HENRY KROPP; THENCE WESTERLY ALONG SAID LAST-MENTIONED LINE TO THE INTERESECTION THEREOF WITH THE NOR'PtikRLY PROJECTION OF THE EASTERLY BOUNDARY LINE OF SAID LANDS OF SAID VESTA MAGEE; T ENCE AT RIGHT ANGLES SOUTHERLY AND ALONG SAID PROJECTION LAST MENTIONED AND ALSO ALONG SAID EASTERLY BOUNDARY OF THE LAND OF SAID VESTA MAGEE TO THE POINT o f C0r MENCEMENT . City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 34 MEETING DATE lore 5 2007 AGENDA ITEM NO. ITEM TITLE Resolution of the Community Development Commission of the City of National City Authorizing the Mayor to Execute an Agreement with Pacific Municipal Consultants (PMC) for $91,000 for Professional Services to Prepare and Submit an Environmental Impact Report (EIR) as Required to Receive Final Designation from the State for the San Diego Regional Enterprise Zone (SDREZ) PREPARED BY DEPARTMENT Jacqueline Reynoso Community Development Commission Community Development Coordinator EXPLANATION On September 7, 2006, National City agreed to contract with Pacific Municipal Consultants (PMC) for $25,000 to provide environmental consulting services related to the submittal of the Application in compliance with the requirements of the California Environmental Quality Act (CEQA) guidelines. This application was given conditional approval effective October 15, 2006 through the State's Housing and Community Development Department. Those services totaled $15,063. The CDC of National City is requesting to contract with PMC for $91,000 to provide the EIR required by the State for the final designation of the SDREZ. The City of San Diego had agreed to fund 80% of the cost, not to exceed $72,800, and National City is requesting to fund 20% of the cost, not to exceed $18,200. Environmental Review N/A Financial Statement The estimated cost of the EIR is S91,000. San Diego has agreed to fund 80%, not to exceed $72,800, and National City has agreed to fund 20%, not to exceed $18,200. STAFF RECOMMENDATION City Council Adopt a resolution authorizing the execution of an Agreement with PMC for $91,000 to provide professional services related to submitting an EIR to the State. ATTACHMENTS 1. Background Report 2. Agreement DRAFT 3. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PACIFIC MUNICIPAL CONSULTANTS WHEREAS, on August 31, 2006, the City of Chula Vista, the City of San Diego, and the City of National City, (collectively the "Partners" or "Partnership"), entered into a FIRST Memorandum of Understanding (MOU) to identify the Partnership and its intended goals, and to allocate financial responsibility for only those consulting services necessary for the submittal of the application to the California Housing and Community Development Department ("HCD") for designation of a San Diego Regional Enterprise Zone ("SDREZ"); and WHEREAS, in the FIRST MOU dated August 31, 2006, National City agreed to pay $25,000 to Pacific Municipal Consultants ("PMC') to conduct the initial study and prepare the Application for the SDREZ; and WHEREAS, on September 17, 2006, the City approved an Agreement ("Agreement") with PMC to provide qualified planning consulting services related to the submittal of the Application in compliance with the requirements of the California Environmental Quality Act (CEQA) guidelines; and WHEREAS, the Community Development Commission of the City of National City (CDC) has paid PMC $15,603.08 for services included in the scope of work in the Agreement; and WHEREAS, on November 3, 2006, the Partnership was awarded conditional designation of the SDREZ, effective October 15, 2006, by HCD; and WHEREAS, final designation of the SDREZ is pending a completed EIR; and WHEREAS, the new SDREZ designation is a Tong -term (15 year) partnership between local governments and private companies to generate new private sector investment and growth with the State providing performance -based tax credits and incentives to Enterprise Zone businesses to: 1) promote "smart growth" by revitalizing chronically deteriorated areas; 2) hire the most difficult to hire residents in private sector jobs; and 3) retain, expand, and reward businesses that participate in these objectives. NOW, THEREFORE, BE IT RESOLVED that the Community Development Committee of the City of National City hereby approves a Agreement with Pacific Municipal Consultants for $91,000 for professional services to prepare and submit an Environmental Impact Report (EIR) to California Housing and Community Development Department. Said Agreement is on file in the office of the City Clerk. -- Signature Page to Follow -- Resolution No. 2007 — June 5, 2007 Page 2 PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, Ill Legal Counsel ATTACHMENT I BACKGROUND RF,PORT In August of 2006, the following Partners, Chula Vista, San Diego, and National City, submitted a "San Diego Regional Enterprise Zone" (SDREZ) Application to the State. This application was given a conditional approval effective October 15, 2006 through the State's Housing and Community Development Department pending final designation of a completed Environmental Impact Report (EIR). This new SDREZ designation is a long -terns (15 year) partnership between local governments and private companies to generate new private sector investment and growth with the state providing performance -based tax credits and incentives to Enterprise Zone businesses to: I) promote "smart growth" by revitalizing chronically deteriorated areas; 2) hire the most difficult to hire residents in private sector jobs; and 3) retain, expand, and reward businesses that participate in these objectives. As stated in the FIRST MOU with the "Partners", National City agreed to contract with Pacific Municipal Consultants (PMC) for $25,000 to provide environmental consulting services related to the submittal of the Application in compliance with the requirements of the California Environmental Quality Act (CEQA) guidelines. Partners negotiated and agreed to terms for each jurisdiction's share of PMC's contract to provide the initial Study and Notice of Preparation. Those services totaled S15,063. The Partners are requesting to enter into a new Agreement with PMC to provide the Environmental Impact Report required by the State for the final designation of the SDREZ. The cost for the EIR is estimated at $91,000. Each Partner is responsible for paying National City for their cost related to the ETR. Each Partner has agreed to the pay the following percentages related to PMC's EIR proposal: National City 20%, San Diego 80% (75% San Diego and 5% Chula Vista which San Diego has agreed to pick up since Chula Vista has already completed an EIR submitted to the State with our application). ATTACHMENT 2 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION (CDC) OF THE CITY OF NATIONAL CITY AND PACIFIC MUNICIPAL CONSULTANTS (PMC) THIS AGREEMENT is entered into this 6TH day of June, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and PACIFIC MUNICIPAL CONSULTANTS (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to perform activities to assist the City in receiving final designation for the establishment of a San Diego Regional Enterprise Zone (SDREZ); and WHEREAS, the CDC has determined that the CONSULTANT is an Municipal Consulting Firm who is providing environmental planning services and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services; and WHEREAS, the CDC and the Consultant entered into a certain Agreement dated as of the 7TH day of September, 2006 (the "Agreement") pursuant to which the CDC employed the Consultant to undertake certain services associated with the Enterprise Zone application submittal (the "Project") in the City of National City (the `City"); and WHEREAS, the Consultant's services under the original scope of work are completed and $15, 063 have been paid by the City to PMC; and WHEREAS, the CDC wishes to contract with PMC to provide the Enterprise Zone EIR services required by the State of Califomia's Department of Housing and Community Development for final designation of the SDREZ; and NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. 2 The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT, or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings per the Community Development Commission's request and advise them of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT 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 0% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Jacqueline Revnoso hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Kevin Grant thereby is designated as the Project Director for the CONSULTANT for Enterprise Zone EIR Services. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT 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 $91,000 (the Base amount) without prior written authorization from the Board. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 3 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be tumed over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC, and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this Agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT'S written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONSULTANT. 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 CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement 4 was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees or subconsultants as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subconsultant(s) shall require the subconsultant to adhere to the applicable terms of this Agreement. The CDC acknowledges and agrees that the CONSULTANT has invested considerable time and money that would be difficult to quantify in the training and development of CONSULTANT'S employees. Therefore, without receiving the CONSULTANT'S written permission, the CDC agrees not to affirmatively recruit any employee of CONSULTANT who performs services for the CDC under this Agreement for a period of one year from the date this Agreement is terminated. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT, or any of the CONSULTANT'S employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT'S agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants and employees are as to the CDC wholly independent consultants, and that the CONSULTANT'S obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall make every reasonable effort to 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 CONSULTANT, and each of its subconsultants, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT 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 CONSULTANT to practice its profession. 11. STANDARD OF CARE. 5 A. The CONSULTANT, 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 CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'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 CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance, or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT 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 CONSULTANT 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 CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and 6 shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT shall not disclose any reports, recommenda- tions, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT 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. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attomeys' 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 CONSULTANT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT 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 Califomia Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CDC or its officers, employees or CDC or City of National City 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 CONSULTANT under this Agreement. 7 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subconsultants, 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, subject to an aggregate limit of $2,000,000. 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. If a Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location, or the general aggregate limit shall be twice the required occurrence limit. 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. If a Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location, or the general aggregate limit shall be twice the required occurrence limit. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and CDC or City of National City volunteers so that any other policies held by the CDC shall not contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Insurance shall be written with only Califomia 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. 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 Of National City's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat 8 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 otherparty arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attomey'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 bome 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 attomeys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. This Agreement may be terminated for cause by the CONSULTANT, in the event of a breach of this Agreement by CDC, upon 60 days written notice. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this 9 Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT 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 CONSULTANT, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONSULTANT 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 Tess any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 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 ovemight mail, the business day following its deposit in such ovemight 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 CDC: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950 To the CONSULTANT: Philip O. Carter 10 President Pacific Municipal Consultants 10461 Old Placerville Road, Suite 110 Sacramento, CA 95827 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 CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT 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 CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 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. 11 B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. t. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY PACIFIC MUNICIPAL CONSULTANTS (Corporation - two corporate officers signatures) (Partnership - one signature) (Sole proprietorship - one signature) By: By: Brad Raulston, Executive Director (Name) (Title) APPROVED AS TO FORM: By: George H. Eiser, III (Name) CDC Legal Counsel (Title) 13 EXHIBIT A Introduction 1.1 Project Scope 2.1 Schedule 3-1 Statement of Qualifications 4-1 Estimated Cost 5-1 1'I INTRODUCTION Scope yce UNDERSTANDING ...,402,1=-Jittre.r..-195.116.110MSICS:: Pacific Municipal Consultants (PMC) is pleased to provide this proposal for the preparation of a Programmatic Enviroruncntal Impact Report (PE1R) for the establishment of a California F.nterprise Zone. The City of San Diego will serve as the lead agency in the processing of the PEllZ The City of San Diego, City of Chula Vista, and the National City are engaged in the task of applying to the California Department of Housing and Community Development (HCD) for establishment of the California Enterprise Zonc designation. The proposed Enterprise Zonc does not change any land use designations, nor does it propose any specific development The designation of Enterprise Zonc does not establish any new land use designations, but rather identifies the areas eligible to receive benefits associated with the Enterprise Zone. Businesses within the Enterprise Zone boundaries will he eligible to for benefits that include: tax credits for hiring qualified employees, tax credits for sales and use tax paid on qualifying machinery purchases, interest deductions to lenders on loans to fuans within the Enterprise Zone, fifteen year 100% net operating loss carry forward, accelerated expensing deductions, and priority for various State programs. Other advantages for businesses include a job referral service, development permit assistance and expediting, reduction and/or waiver of certain development fees, tax savings for Enterprise Zone employees and access to sperialved technical and financial assistance programs. The environmental planning services to be provided by PMC shall include input and information obtained from the City of San Diego, City of Chula Vista, and the City of National City on previous documentation. 15 PROJECT SCOPE WeZ. " •" 3/.;,yPS.z..laSl auux:.:e'sa:r.+.c�W uYfC: AM1rfAINiiY..'.�''E:a`tn"134:v:J_:.nCHS3`ara.<v �.:. T.r:C:1iL'NL�RYIi' .2tsaic4`.r:x:wt The following Scope of Work includes all tasks and peer review of technical studies required to prepare a defensible, thorough and objective FIR for the Enterprise lone Application project. TASK 1 PROJECT INITIATION AND NOTICE OF PREPARATION Upon Notice to Proceed, PMC will initially meet with the Cities to review the Scope of Work, collect information sources, and finalize the project description. PMC will then review all relevant data for the project including project files, previous technical studies, maps, additional cnvironunentai documents prepared un the respective Cities, and studies prepared by the respective agencies. During this early stage of the project, PMC will take the opportunity to field visit and photograph the project site as well as collect all pertinent information available on the site and the environmental setting. Once the project description has been refined to the satisfaction of the Cities and PMC, PMC will prepare the Administrative Draft FIR. Note: The Initial Study and Notice of Preparation (NOP) has already been submitted to HCD as parr of the preliminary application. TASK 2 ADMINISTRATIVE DRAFT.EIR An Administrative Draft Environmental Impact Report (ADF.IR) will be prepared in conformance with the CEQA Guidelines. The ALEIR. will contain all required components of an EIR and will address on -site and off -site impacts of the project, although the technical analysis will he focused as described below. The ADEIR will be delivered to City staff for internal review and comment prior to public release of the Draft EIR (under "Task ?, below). The ADEIR will rely primarily on existing environmental documents supporting the General Plans for each jurisdiction. The major sections and areas of concern to be addressed ate outlined below. Introductory Sections Introduction. This brief introductory section will discuss the legal authority for preparing the EIR under CEQA and the City's environmental review requirements. This section will also include a brief overview of the project history and local context, and will describe the public participation process and scoping process as appropriate. Executive Summary. This section will include a brief description of the project and a summary table that lists all of the potential impacts identified in the FIR by topic, along with the corresponding mitigation rta PROJECT SCOPE sts.nr+m6rK.=•rr..:'SYs.�Yx's+iaVxG'�'�4(CCHYrsoursti measures and the level of sigiuficance after mitigation. A summary of the project alternatives will also he included Project Description. "hhc project description will describe all aspects of project design, constnlction, phasing and operation as required by CEQA. The project description will include, using text, graphics and tables, all anticipated public unprovemcnts (infrastructure systems, roads, etc.) and other project. details. Also included will he a discussion of the `Uses of the EIR,' which will itemize the entitlements and approvals required, which may rely on the EIR for enviromnental information as required by CEQA. Environmental Setting and Analysis This is the maul chapter of the EIR, and will include separate sections for each environmental topic arca. This chapter will he formatted so that the impact statements and corresponding mitigation measures will stand out from the text for clarity and easy reference. Findings will be made as to the level of significance of each impact after mitigation. Each environmental chapter will consist of: • A full description of the environmental setting; • Description of regulatory setting, including all applicable local, State and Federal laws and policies; • A description of the methodology used for conducting the analysis; • Identification of the applicable standards of significance; • Identification and discussion of impacts; and • Mitigation Measures, including tutting and enforcement responsibility. The analysis tasks for each anticipated topic are described below. Aesthetics The following tasks will be performed for the Aesthetics section of the ETR: • Generally describe the area's existing visual character including visual relationship of the project area with adjacent land uses and vistas. Identify current nighttime lighting conditions in the project area. • Visual resource policies and standards will he described. Sc a ?'.'.0 11 PROJECT SCOPE .s.' K1�3Vit1'�"� • Describe anticipated changes in the landscape characteristics of the project area as well as anticipated increases in nighttime lighting as a result of the project. • Identify mitigation measures for any significant visual resource impacts identified. Agricultural Resources The proposed project area appears to he generally consistent with future uses. The analysis in this section will include the following: • Describe and map the existing and historic agricultural operations in the project area, including soil types and aerial photographs. • Identify Williamson Act parcels in the vicinity of the project area. • Determine the project's consistency with all applicable General Plan policies, Area Plan policies, Conservation Plans and other appropriate plans and guidelines. • Identify mitigation measures for any potentially significant agricultural impacts identified. Air Quality The proposed Enterprise Zone project would attract, retain, and expand business in the Enterprise Zone area through a variety of incentives that include tax credits for hiring qualified employees, tax benefits, expedited project processing, reduction of some City fees, and employee hiring assistance. While no specific development projects are planned or proposed as part of the proposed EZ project, it is anticipated that new industrial and commercial development, rehabilitation of existing structures for new business, and employment growth would occur throughout the Enterprise Zone area. The FIR will also include an analysis of potential air resource impacts associated with increased development and employment associated with the F.Z. Biological Resources Review of the California Natural Diversity Database and other available information identifies that sensitive species may occur on the project site. The Biological Resources Section of the LAIR will identify and describe these baseline conditions of the project area utlli7ing existing !1 PROJECT SCOPE `.asrarwx�r sasu�t>'+,ucz.-x:+x-.dta:._::.rc:•a+.K:aFe'vtcaacn:mu+sxr:,ra m�' lB X'�C:M3 TL+rz 111HMK:.3,-'STdlet! information to greatest degree feasible; analyze the foreseeable impacts of the proposed project to these resources and others as applicable; and provide mitigation for sigtuficant impacts to biological resources that will reduce project impacts to less- thansignificant PMC will perform the biological resources analysis for the E1R, as provided below. Independent Evaluation of Existing Data/Information 'While no specific development projects are planned or proposed as part of the proposed EZ project, it is anticipated that new industrial and commercial development, rehabilitation of existing structures for new business, and employment growth would occur throughout the Enterprise Zone area. This increase in development may result in the removal or disturbance of sensitive biological resources, landmark trees and/or wetlands. 'Ibis is a potentially significant issue and will be further addressed in the EIR EIR Section Preparation PMC will evaluate the project boundaries to identify potential direct and indirect impacts to biological resources. PMC will also identify cumulative impacts on the special status species and habitats and other biotic resources potentially resulting from proposed project. Mitigation measures will be developed in consultation with City staff. Assumptions • This proposed scope of work does not include reconnaissance - level or protocol -level surveys for wildlife and plant resources. Cultural Resources PMC's cultural resources experts will conduct the following analyses for this section of the EIR: • Peer review of archaeological and historical reports for the project; • A visit to the project Area of Potential Effects (APE), if necessary; • Assistance with implementing and completing Native American consultation to comply with SB 18; and • Completion of the cultural resources section for the Environmental Impact Report (MR) for the project area that includes a description of the environmental setting and presents appropriate mitigation measures. Iq PROJECT SCOPE .ms.:.ramuaa.sarou-.s.e�:x�:i• ,>a-.atirearac::.e-JC.i Geology and Soils i`ts'F^:3.:r'K'JY£x W Y: AS<..i�byd I The purpose of the geological and geotechnical analyses outlined in this proposal will be to evaluate the site geological, geotechnical, and seismic conditions. The following tasks will he performed for the geology and soils section of the EIR: • Review readily available geologic and seismic reports and maps pertaining to the project area. • Review aerial photographs to gain an overview of the site and its geomorphology. • Review and analyze the data we have collected from our review, and aerial photo interpretation. • prepare the geology/seismicity/soils sections of the project EIR. This section will be comprised of a description of the existing environment, including recognized geo-hazards; an innpact section describing identified impacts and brief impact analysis; and development of appropriate mitigation measures. Figures and tables will be included in our document to explain all findings. Hazardous Materials/Public Health While no specific development projects are planned or proposed as part of the proposed FZ project, it is anticipated that new industrial and cotnmercial development, rehabilitation of existing structures for new business, and employment growth would occur throughout the Enterprise Zone area. This increase in development, particularly industrial uses, may result in potential hazards associated with the transport or use of hazardous materials. This issue is potentially significant and will be addressed in the EIR. The following tasks will he performed for the hazardous materials/public health section of the Elk: • Review Federal, State, and local hazardous material databases, records and reports for potential hazardous conditions. • Research historic land usage within the project area to identify potential land uses that may have contaminated the area. • Summarize applicable federal, state, and local hazardous materials and safety regulations and standards as they pertain to the project.. 10 PROJECT SCOPE Scor:,s ov `;'VC • Summarize potential impacts associated with the release of hazardous materials during a flood event • Review the project's consistency with applicable emergency response plans. • Based on the above review, identify significant public health impacts as a result of implementation of the proposed project. • Identify mitigation measures for any significant impacts identified. Hydrology and Water Quality While no specific development projects are planned or proposed as part of the proposed EZ project, it is anticipated that new industrial and commercial development, rehabilitation of existing structures for new business, and employment growth would occur throughout the Enterprise Zone area. This increase in development, particularly industrial uses, may resultin potential water quality standards and/or waste discharge requirements being affected. The project would be required to meet all applicable water quality standards or waste discharge requirements thereby avoiding violation of such standards or requirements. Therefore, compliance with all standards would ensure that potentially significant impacts will be reduced to Iess than significant The following tasks will be conducted regarding hydrology: • Review of hydraulic analysis, preliminary drainage plans, geotechnical investigation and geotechnical survey prepared for the area. • Review of agency comment letters submitted relevant to the proposed area development. • Review of the IthMA Flood Insurance Study, (Unincorporated and Incorporated Areas). FIooding risk and conditions will be characterized based, in part, on. existing FNMA information. • Review of policies and standards pertaining to storm drainage that are relevant to this project. • Input from staff to obtain any additional relevant information regarding drainage conditions related drainage and flooding issues. • Review of USGS Quadrangle maps and aerial photographs covering the area. 21 In the event that it is determined that the project will produce impacts that are potentially, significant, but that can be reduced to less than significant levels with mitigation, appropriate mitigation measures will be specified. Mitigation measures may also include requirements for the future completion of detailed hydrologic and hydraulic analyses and civil design to substantiate the successful mitigation of potentially significant impacts. The Scope of Work does not include the preparation of an independent and separate hydrology study/report as a part of the work effort. Land Use Specific tasks to be completed for the land use analysis in the EIR include the following: • Describe the character of the region and the area surrounding the project in terms of existing, planned and future development patterns and land uses. Identify adopted, planned and proposed development in the project area and buildout under the respective General Plans. • Describe and map existing land uses and General Plan and zoning land use designations in the vicinity of the project. • Determine the project's consistency with all applicable General Plan policies, Area Plan policies, Conservation Plans, development standards and other appropriate plans and guidelines. • Identify mitigation measures for any potentially significant land -use impacts identified. Noise The proposed individual projects within the designated enterprise zone may result in short-term noise impacts associated with construction activities; and may cause temporary localized increases in noise levels to noise -sensitive land uses in .the project vicinity. Areas of the Enterprise Zone that are subjected to noise levels above 65 decibels Community Noise Equivalent Level (CNRT) may be subject to mitigation to a compatible level through barrier attenuation. Individual development proposals would continue to undergo noise assessment through the environmental review process. Increased development of sites within the proposed project area may result in a substantial alteration in the existing site conditions and the introduction of additional noise sources. The following tasks will be completed for the noise section of the EIR ZZ PROJECT SCOPE Sco to W":'C PMC will identify the noise level standards contained in the respective General Plan Noise Element which are applicable to this project, as well as any germane State and Federal standards. • Significant noise impacts will occur if the project -generated traffic results in a significant increase in traffic noise levels at existing noise -sensitive land uses in the project vicinity. Noise Impacts associated with future development 'will be addressed as well. The EIR will identify practical mitigation measures to mitigate significant noise impacts associated with the project This Scope of Work does not include the preparation of additional noise analysis. Population/Housing Specific tasks to be completed for the population/housing analysis in the EIR include the following • Describe the demographics of the region. This will include information regarding existing population and growth trends, housing conditions and employment. • Review applicable General Plan and Area Plan policies, development standards and other appropriate plans and guidelines associated with housing. Identify the project's consistency with the applicable housing plans, programs and ordinances. • Estimate anticipated population growth generated by the project. Identify any significant environmental issues associated with direct and indirect population, such as an increased demand for affordable housing. • Identify feasible mitigation measures for any potentially significant environmental impacts identified. Public Services and Utilities Implementation of the project may result in a significant increase in demand for public services and utilities in the project area and may result in level of service impacts to police, fire and emergency service providers. The following tasks will be performed for the public services and utilities section of the EIR: • Service providers will be contacted in order to determine existing service levels in the project area. This would include documentation regarding existing staff levels, equipment and 23 PROJECT SCOPE Scope ty ?VC facilities, current service capacity, existing service boundaries, and planned service expansions. • Describe City policies, programs, and standards associated with the provision of public services and utilities. • Based on the above review, identify significant public service impacts as a result of implementation of the proposed project. This will include an evaluation of service capacity/availability of public services/utilities (e.g., water supply, wastewater capacity, fire protection) under existing and future (cumulative) conditions. • Identify mitigation measures for any significant impacts identified. Traffic and Circulation Implementation of the proposed project could lead to increased development within the proposed project area, that would in turn, result in an increase in the number of vehicle trips , the volume -to -capacity ratio on roads, or congestion at intersections. These impacts are potentially significant and will be analyzed in the EIR, including projections of traffic levels, emergency access, and parking capacity for the projected levels of development related to the proposed EZ project • Prepare the transportation circulation section of the EIR. This would include a description of the existing traffic conditions in the area, identification of level of service standards, identification of short term and cumulative plus -project and no -project scenarios, identification of emergency access and safety impacts. • Identify mitigation measures for any significant traffic and circulation related impacts identified. Mandatory Findings of Significance PMC will utilize the analysis from the above EIR sections to complete the Mandatory Findings of Significance in compliance with CEQA. This portion of the CEQA analysis would focus on the potential for impacts to businesses in the project area to result in blight and urban decay. Cumulative Impacts PMC will assess the impacts of the project in combination with other known, approved or reasonably foreseeable development activity in the region. This analysis will be based on a list of known projects in the region as well as development forecasts, consistent with the CEQA Guidelines. A clear cumulative setting will be described in the EIR. ZL PROJECT SCOPE Dpe b;' Pi;"0 The cumulative analysis will address each topic covered in the environmental analysis (e.g., water supply, traffic, biological resources) and will identify appropriate mitigation measures for any cumulatively significant impacts identified. Other CEQA-Required Sections The EIR will include other required sections including growth -inducing impacts of the project, significant irreversible environmental effects and summary of significant and unavoidable impacts of the project Project Alternatives PMC will coordinate with staff in the development of up to three reasonable alternatives to the proposed project. These alternatives will be described qualitatively and quantitatively, and contrasted with the proposed project in terms of theextent that the alternatives can achieve project objectives or reduce adverse impacts. This analysis will be presented in a separate chapter of the EIR. Deliverable: TASK 3 Five (5) copies of the ADETR will be delivered for internal review and comment. DRAFT EIR PREPARATION AND DISTRIBUTION Based on comments received from staff review of the Administrative Draft EIR under Task 2, the public Draft EIR will be prepared, incorporating the requested changes. Fifty (50) copies of the Draft EIR will be produced and submitted for distribution, along with a photo - ready master and a copy on disc. In order to save money and resources, PMC may reduce the number of hard -copies to thirty-five (35) and prepare 15 electronic copies of the Draft EIR and 15 hard copies of the Executive Summary and hand deliver the documents to the State Clearinghouse from our Sacramento office. The 45-day public and agency review period will commence once the documents are submitted to the State Clearinghouse and made available for public review. It is anticipated that the Cities will distribute the Draft EIR to local agencies and interested parties. Deliverable: Fifty (50) copies of the DEIR with a master copy and a copy on CD and twenty-five (25) copies of the Executive Summary. Z5 PROJECT SCOPE TASK 4 FINAL EIR PREPARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Concurrent with the 45-day review period, PMC will review the comment letters received on the Draft EIR and coordinate with staff to discuss the responses. Assuming a maximum of 25 comment letters from individuals and agencies, PMC will then prepare draft responses to comments, along with an errata section containing any EIR text revisions. Upon completion, 5 copies (or a reduced number, as directed by staff) of the Administrative Final EIR and the MMRP will be submitted to the respective cities for review. Based on the comments received from staff, final revisions to the document will be made. Fifty (50) copies of the Final EIR and MMRP will be submitted to for distribution, with a photo -ready master and a copy on CD. Deliverable: Five (5) copies of the AFEIR and MMRP. Fifty (50) copies of the FEIR and MMRP with a photo -ready master and a copy on CD. TASK 5 CEQA-REQUIRED NOTICES PMC will help prepare all required CEQA notices. This will include the completion and distribution of the Notice of Preparation, Notice of Completion, Notice of Availability and Notice of Determination. PMC will work with staff to develop and publish press releases and website postings to provide information to the public regarding the FIR process. Deliverable: Draft and final versions of CEQA-required notices and press releases will be delivered to for internal review prior to distribution by PMC. TASK 6 MEETINGS PMC. anticipates participation at up to five public meetings (two with the Planning Commission, two with the City Council and one for the public scoping meeting) in addition to periodic meetings with staff. throughout the F,TR preparation process. OPTIONAL TASK 7 CEQA FINDINGS OF FACT AND STATEMENTS OF OVERRIDING CONSIDERATION This optional task would involve PMC preparing the CEQA Findings of Pact and Statements of Overriding Consideration for certification of the Final EIR. 10 Deliverable: Draft and final versions of CEQA Findings and Statements will be delivered to the City for internal review and ultimate distribution. (Cost $5,000) se) Scope by The following is the EIR completion schedule. The schedule provides a expedited timeline for EIR completion, accounting for staff review time, public review, and current staff workloads. Project Schedule for the Enterprise Zone EIR Project Task Approx i'reeks 2) Administrative Draft EIR Agency Review 4) Administrative Final EIR Agency Review FEIR 5 Completed February 12, 2007 1 Dependant on contract completion 2 14 days 1 2 weeks 1 8 days 6) Staff Meetings and Public Through DEIR and FEIR process Hearings Total 19 weeks PMC is committed to meeting the project schedule identified above. The PMC team assembled for this project operates out of our San Diego office. PMC's extensive knowledge of local conditions in San Diego County and our vast experience completing projects of this nature ensures that we will be able to complete the work effort detailed above in a timely and responsible manner. 2$ ESTIMATED COST The total budget required by PMC to complete the proposed scope of work will be $90,605. The cost shall be shared between the two cities as follows: San Diego 80% and National City 20%. While this budget is expected to be sufficient for the proposed scope of work (which is further defined by the assumptions listed below), any currently unforeseen expansion of required efforts beyond the expected scope of work may necessitate corresponding changes to the budget. No additional work beyond that covered by this scope of work and budget will be undertaken without express prior authorization. The budget estimate is given as a "not to exceed" amount, subject to the notes and assumptions listed below. Any additional work required beyond the parameters described in the scope of work and/or the following budget notes may require additional budget. • It is assumed that the proposed project' will not change significantly once the preparation of the EIR has begun. Although some minor modifications to the project are expected, any project modification that would result in the need for re -analysis or revised technical studies may require additional budget • Should additional technical reports be required because of unknown existing conditions or inabilityto secure technical reports from the applicant, additional budget may be required. • One (1) round only of revisions is assumed for the draft document. Should additional rounds of review be requested, additional budget may be required. The budget assumes that any discrepancies between comments will be resolved by the respective Cities. • Attendance by the project manager at two meetings with City staff and two public hearings is included. Additional meetings or hearings may require additional budget. Scope by ?MC 1-11-1 ESTIMATED COST Task 0escriptinn Project Initiation San Diego, Chula Vista, National City Enterprise Zone EIR - May, 2007 Senior Project Senior Cultrral Associate Ad' n/ „ n Associate 'Aaneee, Biologist Specleiss T.ccer .,,'. ca ;sere. $140 $:'05 Ss:. $10^ 31C0 2:0 80 0.0 0.0 4.0 0.0 - 014 $0 $1,440 $280 $840 $0 $0 $320 $0 Subtotal $3 $13 $0 $0 012 S2 $0 $0 $30 Taskl $420 $1,365 $0 `$0 $960 $130 $0 $800 $3,675 2.0 12.0 1.0 1.0 4.0 6.0 0.0 0.0 26.0 Introductory Sections $280 $1,260 0100 $100 $320 $390 $0 $0 $2,450 Agricultural Resources 0.0 8.0 0.0 0.0 6.0 2.0 18.0 $0 $840 $0 $0 $640 $130 $0 $1,610 - - 8.0 40.0 0.0 0.0 0.0 6.0 - 54.0 Biological Resources $1 120 $4,200 $0 $0 $0 $390 $250 j $5,960 Geology and Soils Hydrology and Water Quality 2.0 20.0 0.0 0.0 8.0 1.0 31.0 $280 82,100 $0 $0 $640 $65 $0 $3,085 2.0 24.0 0.0 0.0 8.0 4.0 38.0 5280 $2,520 $0 $D $640 $260 $0 $3,700 1.0 16.0 0.0 0.0 8.0 2.0 27.0 $140 81,680 $0 $0 $640 $130 $0 $2,590 Public Services and 2.0 14.0 0.0 0.0 6.0 2.0 24.0 Utilities $280 $1,470 $0 $0 $480 $130 $0 $2,360 - _ 2.0 20.0 0.0 0.0 .4.0 2.0 28.0 Traffic and Circulation $280 $2,100 $0 $0 $320 $130 $0 $2,830 Cumulative Impacts and 2.0 15.0 0.0 00 8.0 2.0 Omer CEQA Sections $280 $1,575 $0 $0 $640 $130 Document Production $2,625 0.0 0.0 0ft 0.0 1.0 &0 9.0 $0 $0 $0 00 $80 $520 $800 $1,400 III. Revise ADBNPrepalation of DOR Protect Management 32.0 40.0 00 D.0 0.0 0.0 720 and Quality Control $4,480 $4,200 $0 $0 $0 $0 $0 $0 $8,680 IV. Preparation of FFJR and MMRP Subtotal 8 30 0 0 20 6 0 0 64• 0 Task ll - $1,120 $3,150 $0 $0 01.600 $390 $0 $2,860 $9,120 0.0 4.0 0.0 0.0 8.0 4.0 16.0 Preparation of Notices $0 $420 $0 $0 $640 $260 $0 $250 $1,570 Scope by P...> cide ie:aw�a wr ESTIMATED COST Task Description VI. Meetings and Public Hearlrig Senior Project Senior Cultural Associate Admini Outside Associate Manager Biologist Specialist Planner Graphics Sub- Ci;ect 5140 $105 $100 S100 $ 3 $fi5 Consul�nts Costs Totals Subtotal 16 40 0 0 0 0 0 0500 0 dk/ Ta32240 34 00 200 30 $0. $0 $0 $6,940 Project Hours 95.0 442.0 1.0 1.0 189.0 71.0 0,0 ...z 0 0 799.0 Project Cost $13,900 $46,410 $100 $100 $15,120- $4,615 $0 $10,960 $90,605 Optional Task and Costs 0,0 0.0 0.0 0.0 0_0 0.0 0.0 $0 SO $0 $0 $o $0 S0 $0 $0 0.0 0.0 0.0 0.0 0.0 0.0 $o $0 $0 $0 $0 $0 $0 $0 The firm lad for the services identified above is valid for 120 days. ADDITIONAL STAFF RESOURCES The above list represents the staff which PMC anticipates will be required, however it is possible that the need for additional staff may arise. Therefore PMC may assign additional staff types as necessary to complete the services required under dais agreement Compensation rates for additional staff types well be determined by PMC and will be rnnsistent with the rates listed herein- Assignment of additional staff will not change the budget of this agreement, unless agrred upon by both parties with the execution of an amendment Without receiving PMC'swrittenpermission, client agrees not to hire, retain or contract with any employee of PMC who performs services for client under this agreement fora period of one year from the date this agreement IS terminated. Scope by MC 31 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE _Time 5, 7007 AGENDA ITEM NO. 35 ITEM TITLE Resolution to Authorize the Execution of the SECOND MOU with the City of San Diego for the San Diego Regional Enterprise Zone to reflect each jurisdiction's fiscal responsibility to complete the EIR PREPARED BY DEPARTMENT Jacqueline Reynoso Community Development Commission Community Development Coordinator EXPLANATION On August 31, 2006, the City of San Diego, the City of Chula Vista and the City of National City entered into a 1'TRST MOU with Pacific Municipal Contractors (PMC) to identify this joint partnership and divide fiscal responsibility for consulting services for the submittal of the Enterprise Zone (EZ) Application for designation of the San Diego Regional Enterprise Zone (SDREZ). National City agreed to pay $25,000 to provide environmental consulting services related to the submittal of the Application in compliance with the requirements of the California Environmental Quality Act (CEQA) guidelines. On November 3, 2006, the Partnership was awarded conditional designation by HCD, effective October 15, 2006, pending completion of the Environmental Impact Report (EIR). This SECOND MOU specifies each jurisdiction's fiscal responsibility to complete the EIR, which costs an estimated $91,000. The Partners are requesting for San Diego to pay 80% of the total costs up front to National City, not to exceed $72,800, and National City to pay 20% of the total costs, not to exceed $18,200. Environmental Review N/A Financial Statement The estimated cost of the EIR is $91,000. San Diego has agreed to fund 80%, not to exceed $72,800, and National City has agreed to fund 20%, not to exceed $18,200. STAFF RECOMMENDATION City Council Adopt a resolution approving the SECOND MOU with the City of San Diego for the San Diego Regional Enterprise Zone. ATTACHMENTS 1. Background Report 2. SECOND MOU l 3. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SECOND MOU WITH THE CITY OF SAN DIEGO FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE TO REFLECT EACH JURISDICTION'S FISCAL RESPONSIBILITY TO COMPLETE THE EIR WHEREAS, on August 31, 2006, the City of San Diego, the City of Chula Vista and the City of National City entered into a FIRST MOU with Pacific Municipal Contractors ('PMC") to identify this joint partnership and divide fiscal responsibility for consulting services for the submittal of the Enterprise Zone ("EZ") Application for designation of the San Diego Regional Enterprise Zone ("SDREZ"); and WHEREAS, National City agreed to pay $25,000 to provide environmental consulting services related to the submittal of the Application in compliance with the requirements of the California Environmental Quality Act (CEQA) guidelines; and WHEREAS, the First MOU contemplated a second memorandum of understanding, should the parties be awarded a conditional Enterprise Zone designation; and WHEREAS, the Department of Housing and Community Development ("HCD") granted the parties a conditional designation effective October 15, 2006; and WHEREAS, one of these conditions is an Environmental Impact Report ("EIR") and the Partnership requested and received an extension to complete and submit their response to the remaining conditions by May 31, 2007; and WHEREAS, the parties seek to produce the required EIR for submittal to HCD so that final EZ designation can be awarded to them; and WHEREAS, the parties desire to encourage economic development and growth by supporting businesses and industries to expand or locate in the SDREZ, as well as provide jobs, goods and services to the inhabitants of this area; and WHEREAS, the parties now wish to enter into a Second Memorandum of Understanding to allocate financial responsibilities related to the environmental impact report that must be prepared to receive a final designation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a SECOND MOU with the City of San Diego for the San Diego Regional Enterprise Zone to reflect each jurisdiction's fiscal responsibility to complete the EIR. Said MOU is on file in the office of the City Clerk. --- Signature Page to Follow Resolution No. 2007 — June 5, 2007 Page 2 PASSED and ADOPTED this 5th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT In August of 2006, the following Partners, Chula Vista, San Diego, and National City, submitted a "San Diego Regional Enterprise Zone" (SDREZ) Application toAhe State. This application was given a conditional approval effective October 15, 2006 through the State's Housing and Community Development Department pending final designation of a completed Environmental Impact Report (EIR). This new SDREZ designation is a long-term (15 year) partnership between local governments and private companies to generate new private sector investment and growth with the state providing performance -based tax credits and incentives to Enterprise Zone businesses to: 1) promote "smart growth" by revitalizing chronically deteriorated areas; 2) hire the most difficult to hire residents in private sector jobs; and 3) retain, expand, and reward businesses that participate in these objectives. As stated in the FIRST MOU, dated August 31, 2006, with the "Partners," National City agreed to contract with Pacific Municipal Consultants (PMC) for $25,000 to provide environmental consulting services related to the submittal of the Application in compliance with the requirements of the California Environmental Quality Act (CEQA) guidelines. Partners negotiated and agreed to terms for each jurisdiction's share of PMC's contract to provide the Initial Study and Notice of Preparation. Those services totaled $15,063. The Partners are requesting to enter into a new Agreement with PMC to provide the Environmental Impact Report required by the State for the final designation of our Enterprise Zone. The cost for the EIR is estimated at $91,000. This SECOND MOU specifies each Partner's responsibility to pay National City for their cost related to the EIR. Each Partner has agreed to the pay the following percentages related to PMC's EIR proposal: National City 20%, San Diego 80% (75% San Diego and 5% Chula Vista which San Diego has agreed to pick up since Chula Vista has already completed an EIR submitted to the State with our application). 1 ATTACHMENT 2 SECOND MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE THIS SECOND MEMORANDUM OF UNDERSTANDING ("SECOND MOU") is made by and between the CITY OF NATIONAL CITY ("NATIONAL CITY"), a California municipal corporation, and the CITY OF SAN DIEGO ("SAN DIEGO"), a California municipal corporation. WHEREAS, the parties desire to encourage economic development and growth by supporting businesses and industries to expand or locate in the San Diego Regional Enterprise Zone ("SDREZ"), as well as provide jobs, goods and services to the inhabitants of this area. WHEREAS, the parties have previously entered into a First Memorandum of Understanding Relating to the San Diego Regional Enterprise Zone on about August 31, 2006 ("First MOU") to memorialize commitments and responsibilities related to the Enterprise Zone Application to the California Housing and Community Development Department ("HCD"); WHEREAS, the First MOU contemplated a second memorandum of understanding, should the parties be awarded a conditional Enterprise Zone designation; WHEREAS, HCD granted the parties a conditional designation and the parties now wish to enter into a second memorandum of understanding to allocate financial responsibilities related to the environmental impact report that must be prepared to receive a final designation; WHEREAS, HCD may impose or request additional conditions be met to finalize the EZ designation that may require a THIRD MOU by and between the City of San Diego, the City of National City, and the City of Chula Vista, [collectively "the Partners" or the "Partnership" ], setting forth each Partner's specific areas of responsibility and financial obligations from that point forward for the duration of the EZ (15 years), which are not precluded by this second MOU; WHEREAS, in order to receive the benefits of an Enterprise Zone ("EZ"), the governing board(s) of the geographic area are required to enter into an administrative agreement, and the parties to this SECOND MOU wish to enter into this SECOND MOU in regards to the specific commitments made in the EZ Application submitted to the HCD on September 6, 2006; WHEREAS, a letter received from HCD dated, January 17, 2007, included a table "Conditions for the SDREZ" (letter attached) to be satisfied in order to obtain the final designation. One of these conditions is an Environmental Impact Report ("EIR"). Aside from a completed EIR, the parties requested and received an extension to complete and submit their response to the remaining conditions by May 31, 2007; 2 WHEREAS, the parties seek to produce the required EIR for submittal to HCD so that final EZ designation can be awarded to them. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants as set forth herein, the parties hereby agree to the following: 1. National City will enter into a contract for professional services with PACIFIC MUNICIPAL CONSULTANTS (PMC), to provide environmental consulting services and produce the required EIR, subject to the cost sharing outlined herein. 2. The parties shall share the PMC contractual obligation in an amount not to exceed $91,000 in accordance to the following allocation: a. SAN DIEGO, the lead agency and largest regional jurisdictional partner, shall be responsible for an amount not to exceed $72,800; b. National City shall be responsible for an amount not to exceed $18,200; and, c. Chula Vista, with a recently certified EIR in 2006 will be included by reference in the completed SDREZ EIR, but not financially responsible for any share of the PMC contract. 3. SAN DIEGO shall deposit with the City Of National City, within 10 business days of the effective date of this SECOND MOU, the amount of $72,800, which shall be used to pay for invoices received by National City from PMC. National City shall draw from the deposit to pay the PMC invoices, as the invoices are received. Each PMC invoice shall be split 80/20, i.e.: 80% of the invoice shall be paid from the funds deposited by SAN DIEGO, and 20% of the invoice shall be paid from National City funds. National City shall refund to SAN DIEGO any balance remaining from their deposit upon the completion of the contract, within 30 days of the final invoice from PMC. 4. This SECOND MOU will remain in full force and effect for the period of the initial designation of the SDREZ, unless altered by mutual written agreement of the parties herein commencing with the notification by HCD that the SDREZ has been awarded final designation. 5. This SECOND MOU is consistent with the legislative intent of the EZ Program and the SDREZ. 3 IN WITNESS THEREOF, this Memorandum of Understanding is executed by the City of National City, acting by and through its Executive Director of the Community Development Commission, on this ; and the City of San Diego, acting by and through its Economic Development Director, on this THE CITY OF NATIONAL CITY by Brad Raulston Community Development Commission Executive Director THE CITY OF SAN DIEGO by William Anderson City Planning & Community Investment Department Director I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this day of , 2007. THE CITY OF NATIONAL CITY THE CITY OF SAN DIEGO By By GEORGE EISER Jana Garmo City Attorney Deputy City Attorney 4 STATE `O CALIFORNIA -BUSINESS TRANSPOUATION_Abln HOUS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FINANCIAL ASSISTANCE STATE ENTERPRISE ECONOMIC DEVELOPMENT SECTION Enterprise Tax Incentive Programs 1800 Third Street, Suite 390 P. O. Box 952054 Sacramento, CA 94252-2054 (916) 322-1554 FAX (916) 327-6660 January 17, 2007 Scott Kessler Deputy Director City of San Diego 600 B Street, Fourth Floor, MS-904 San Diego, CA 92101-4506 Dear Mr. Kessler: Arnold Schwarzene ovenos On November 3, 2006, the Department of Housing and Community Development (Department) awarded a conditional Enterprise Zone designation to the City of San Diego The enclosed table, Conditions for the San Diego Enterprise Zone, specifies the conditions that the Enterprise Zone must satisfy in order to obtain the final designation. The Enterprise Zone must complete and submit to the Department its responses to these conditions by 5 p.m. on March 2, 2007. Upon receipt of the responses, the Department will determine whether the Enterprise Zone has satisfied all of the specified conditions. If the Department accepts the responses as satisfactory, it will issue to the Enterprise Zone the Final Designation Letter. This letter represents the conditional designation letter for your new designation. Because your enterprise zone's previous designation recently expired, this letter grants your new enterprise zone, in accordance with Section 7074.2(c) of the Government Code, the option to offer eligible taxpayers doing business within the geographic boundaries of the new zone all enterprise zone benefits until the Department makes a final designation or declines io redesignate the zone. The Department shall make the effective date of the new zone the date of expiration of the previous designation and the term of the new zone shall begin on that date. The geographic boundaries of the new zone are described on the enclosed document titled Geographic Boundaries of the San Diego Enterprise Zone. According to the California Code of Regulations, Title 25, Article 8, Section 8445.2, a conditionally -designated enterprise zone may requestan extension of time to satisfy the conditions. The Department must receive in writing the request for an extension of the time by March 2, 2007. If you have any questions, please contact me at (916) 327-2862. Sincerely, �) . / r F "i Luera(. ief State Enterprise and Economic Development Conditions for Designation For The San Diego Enterprise Zone # Condition(s) Authority* 1. Describe the specific steps the multi jurisidictional enterprise zone will fake to ensure that the economic development and marketing plan contained in its Application for Designation represents a unified, coherent plan, which addresses the needs of the entire application area, and that the employment, economic, and physical infrastructure commitments proposed serve the entire application area. Page 12 2. Provide explicit, quantifiable goals that willbe accomplished in the first five years of the proposed enterprise zone. Page 20 3. Describe how performance of the activities in the Financing Plan will be self -evaluated. Page 24 4. Describe the self -evaluation process to be used to evaluate the performance of each Local ncentiv_ offered to zone ,/e. , businesses. , 6-it!, , ' `;1fe�1 mil. Page 28 5. Submit two copies of the certifiedEnvironmental Impact Report addressing the environmental impacts of designation of the proposed zone and of the Notice of Completion as described in CEQA Guidelines, Section 15085. Page 32 Unless otherwise stated, the authority cited is the page number from the Department of Housing and Community Development's Application for Designation-2006 (Handbook).