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HomeMy WebLinkAbout2007 06-19 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National ('ity 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 19, 2007 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. it is the intention of your City Council and Community Development Commission (CDC) to he 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 CALL 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 he made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-422R to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espatlol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings -- ---- — -- ---------------- ----- ----------------- OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6119107 - Page 2 CITY COUNCIL PRESENTATIONS 1. Introduction of new Fire Fighters by Chief Juniel 2. Port Presentation — Port Commissioner Dukie Valderrama 3. Employee of the Month Program — June-2007: Angela Reeder, Associate Planner 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. 4. Approval of the Minutes of the Adjoumed Regular Meeting of the City Council/Community Development Commission Meeting of April 5, 2007 and the Regular City Council/Community Development Commission Meeting of May 15, 2007. (City Clerk) 5. Resolution of the City Council of the City of National City approving a Supplemental Agreement with Tetra Tech Engineering, Inc. for $41,230 to provide engineering inspection services for the National City Pump Station Rehabilitation Project and authorizing the Mayor to execute the agreement. (Funding is provided by Sewer Service Funds) (Engineering) 6. Resolution of the City Council of the City of National City approving a deferral of the requirements of Section 13.22.060 of the Municipal Code (Ordinance No. 1491), and approving a "Covenant Running with the Land" to property owner at 116 E. 4' Street, National City. (Engineering) 7. Resolution of the City Council of the City of National City accepting the work from MJC Construction with the final amount of $1,383,246.47 and authorizing the filing of the Notice of Completion with the County Recorder for the Paradise Educational Park Improvements. (Engineering) CITY COUNCILJCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/19/07 - Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the award of a competitive bid for one Animal Control Truck to Wondries Chevrolet in the amount of $33,631.83 from the City's Motor Vehicle Fund. (Purchasing) 9. Resolution of the City Council of the City of National City authorizing the award of a competitive bid for six Ford Crown Victoria Police Interceptors to Villa Ford in the amount of $156,816.65 from the City's Motor Vehicle Fund. (Purchasing) 10. Resolution of the City Council of the City of National City supporting $1 Billion State budget allocation of Proposition 1B funds to Cities in 2007-08. (Mayor/Council) 11. Neighborhood Councils Monthly Report for May 2007. (Community Services) 12. WARRANT REGISTER # 44 (Finance) Ratification of Demands in the amount of $1,392,821.14. 13. WARRANT REGISTER # 45 (Finance) Ratification of Demands in the amount of $562,957.44 NON CONSENT RESOLUTIONS 14. Resolution of the City Council of the City of National City accepting a grant in the amount of $20,000 from the County of San Diego through Supervisor Greg Cox's office to use for the preliminary engineering of the Bayshore Bikeway Improvements from Civic Center Drive to West 32'1 Street, along Tidelands Avenue. (Local matching funds of $' 17,000 are available through Gas Tax Funds). (Councilwoman Zarate/Engineering) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 6119107 - Page 4 NON CONSENT RESOLUTIONS (Cont.) 15. Resolution of the City Council of the City of National City acknowledging receipt of the 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project and acknowledging receipt of the Community Development Commission's Report to the City Council on the 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project. (Community Development Commission) PUBLIC HEARINGS 16. Public Hearing — A Planned Development Permit to construct a single-family residence on a 12,200 square foot lot containing an existing residence at 2901 Leonard Street. Applicant: Roy Di Stefano. (Case File No. PD-2006- 4, APN 564-071-09. (Planning) 17. Joint Public Hearing of the City Council and the Community Development Commission of the City of National City regarding the 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project and Related Negative Declaration. (Community Development Commission) NEW BUSINESS 18. Request by InterAmerican College to use the MLK Community Center for a graduation luncheon on October 7, 2007. (Community Services) 19. Request by InterAmerican College to use the MLK Community Center for graduation on October 13, 2007. (Community Services) 20. Legal notice requirements for denied banquet facility at 540 National City Boulevard. (Planning) 21. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a recycling facility behind the Foodland grocery store at 303 Highland Avenue. (Applicant: Southwest Recycling) (Case File 2007-04 CUP) (Planning) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/19/07 - Page 5 NEW BUSINESS (Cont.) 22. Notice of Decision — A Variance Application for a reduced side yard setback from four feet to one foot along the southerly property line for an attached garage and for a garage with Tess than the required interior dimensions at 2409 Granger Avenue within the RS-3-PD zone. Applicant: David Stebbins. (Case File No. 2007-30 Z, APN 544-071-02) (Planning) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 23. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 05/18/07 through 05/31/07 of $445,524.96. (Community Development Commission/Finance) 24. Resolution of the Community Development Commission of the City of National City adopting the Morgan and Kimball Towers budgets for the Fiscal Year 2007-2008. (Finance/CDC) 25. Resolution of the Community Development Commission (CDC) of the City of National City authorizing the Mayor to execute an Agreement with Pacific Municipal Consultants (PMC) for $91,000 of which CDC is responsible for paying 20% of the costs and San Diego is responsible for paying 80% of the costs 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) (Economic Development Division) 26. Resolution of the Community Development Commission of the City of National City authorizing the execution of the Supplemental Memorandum of Understanding to the FIRST MOU with the City of San Diego and the City of Chula Vista allocating environmental analysis fees for the San Diego Regional Enterprise Zone, with San Diego to pay for 80% of the cost, not to exceed $72,800 and National City to pay 20% of the costs, not to exceed $18,200. (Economic Development Division). CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/19/07 - Page 6 CONSENT CALENDAR (Cont.) 27. Resolution of the Community Development Commission of the City of National City approving an Agreement with Rore, Incorporated for as needed environmental consulting related to the National City Redevelopment Project. (Community Development Commission) 28. Resolution of the Community Development Commission of the City of National City approving an Agreement with Geosyntec Consultants for as needed environmental consulting related to the National City Redevelopment Project. (Community Development Commission) 29. Resolution of the Community Development Commission of the City of National City approving an Agreement with Ninyo & Moore for as needed environmental consulting related to the National City Redevelopment Project. (Community Development Commission) 30. Resolution of the Community Development Commission of the City of National City approving an Agreement with Essentia Management Services LLC for as needed environmental consulting related to the National City Redevelopment Project. (Community Development Commission) 31. Resolution of the Community Development Commission of the City of National City approving an Agreement with Harris and Associates for as needed civil engineering services until June 30, 2008. (Community Development Commission) 32. Resolution of the Community Development Commission of the City of National City approving the Sixth Amendment to the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Marina Gateway Development Company, LLC and Sycuan Tribal Development Corporation to develop the Marina Gateway Hotel and commercial project. (Community Development Commission) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 6/19/07 - Page 7 CONSENT CALENDAR (Cont.) 33. Resolution of the Community Development Commission of the City of National City approving an Exclusive Negotiating Agreement between the Community Development Commission and Marina Gateway Development Company, LLC for the property located at 720 West 23"' Street and the block within Bay Marina Drive, Harrison Avenue, 23rd Street and Cleveland Avenue. (APN #559-117-04, 05, 06, 07, 12, 16) (Community Development Commission) 34. Resolution of the Community Development Commission of the City of National City approving an Agreement, not to exceed $184,390 with Economic & Planning Systems, Inc. to conduct an economic analysis of comprehensive implementation of Westside Specific Plan and a feasibility study regarding the relocation of potential non -conforming uses to an industrial park located in the National City Harbor District. (Community Development Commission) NON CONSENT RESOLUTIONS 35. Resolution of the Community Development Commission of the City of National City approving its report to City Council on the 2007 Amendment to the National City Redevelopment Plan and authorizing transmittal of the 2007 Amendment to the National City Redevelopment Plan and the report to City Council on the 2007 Amendment to the National City Redevelopment Plan to the City Council of the City of National City. (Community Development Commission) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — July 3, 2007 - 6:00 p.m. — Council Chamber - National City. TAPE. RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN TIIE CITY CLERK'S OFFICE ITEM #1 6/19/07 INTRODUCTION OF NEW FIRE FIGHTERS BY CHIEF JUNIEL, Greg Davies Samuel Mendoza Brian Smith Adrian Valenzuela ITEM #2 6/ 19/07 PORT PRESEN"I'A'1'ION PORT COMMISSIONER DUKIE VALDERRAMA City of National City Human Resources Department 140 East 12th Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM June 11, 2007 TO Chris Zapata, City Manager FROM Stacey Stevenson, Human Res SUBJECT EMPLOYEE OF THE MONTH PROGRAM RECEIVED JUN 1 12007 ITEM #3 6/19/07 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in June 2007 is Angela Reeder, Associate Planner. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, June 19, 2007, to be recognized for her achievement and service. Attachment (1) xc: Angela Reeder Roger Post, Director of Planning Councilmember Natividad Human Resources — Office File SS:Im Performance Recognition Program (2) City of National City Performance Recognition Award Nomination Form I nominate Angela Reeder for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Angela came to National City as an Assistant Planner in August 2004 armed with a Master's Degree from the University of Hawaii and several years of planning experience. She made an immediate impact and was quicldy promoted to Associate Planner a year later. Angela is currently the project planner for several high profile City projects such as the expansion of Plaza Bonita Mall, which is vital to the City's economic sustainability, as well as Paradise Village, the 12-acre 497-unit Senior Housing community that recently broke ground. This is certainly one of the largest residential projects built in National City in many years. From a personal standpoint Angela is joy to work with. Her calm, easy- going demeanor is a real asset in dealing with the public. She always goes the extra yard in helping people. She is a great communicator with excellent speaking, writing and listening skills. In the past couple of years there has been considerable turnover in the Planning Department. During that time Angela has really stepped up, assumed greater responsibility and helped get us through a difficult time. For that I am truly grateful and proudly nominate her as the employee of the month. FORWARD COMPLETED NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program Human Resources Department Planning & Builidng and Safety Departments 'i Date: June 4, 2007 ITEM #4 6/ 19/07 Approval of the Minutes of the Adjourned Regular Meeting of the City Council/Community Development Commission Meeting of April 5, 2007 and the Regular City Council/Community Development Commission Meeting of May 15, 2007. (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. ITEM TITLE A Resolution of the City Council approving a Supplemental Agreement with Tetra Tech Engineering, Inc. for $41,230 to provide engineering inspection services for the National City Pump Station Rehabilitation Project and authorizing the Mayor to execute the agreement (Funding is provided by Sewer Service Funds) PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION Please see attached. J cEnvironmental Review _X.. N/A Financial Statement MIS Approval Approved By: d.44,A agreement is for a "not to exceed" amount of $41,230. FundingFn�eDir � This is available through in Account No. 125-409-500-598-2014. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION OMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Proposed Supplemental Agreement 3. Exhibit "A", proposal for Inspection Services SUPPLE A-200 (Rev. 7/03) EXPLANATION: On April 17, 2007, by Resolution No. 2007-61, the City Council awarded a contract to Zondiros Corporation for the National City Pump Station Rehabilitation Project, Specification No. 04-08. Staff recommends that the inspection services for this project be provided by Tetra Tech, Inc. Tetra Tech has recently completed the inspection of the National City Street Resurfacing Program, FY 05-06 and the National City Blvd-7th to 12th Improvements Project. Tetra Tech is familiar with the City's inspection requirements and recognized as a wastewater design and construction firm world wide. The engineering services will include the daily general inspection activities. Their scope of work is consistent with the City's inspection needs. The work can be accomplished through a Supplemental Agreement to the existing "As- needeecontract approved by the City Council by Resolution No. 2005-64. The final scope of work is attached as part of the Agreement that is being presented to the Council for approval. The fee for performing the work per the cost proposal is in the amount of $41,230 which represents approximately 6% of the construction costs. RESOLUTION 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH TETRA TECH ENGINEERING, INC. IN THE AMOUNT OF $41,230 TO PROVIDE ENGINEERING INSPECTION SERVICES FOR THE NATIONAL CITY PUMP STATION REHABILITATION PROJECT WHEREAS, on April 5, 2005, the City Council adopted Resolution No. 2005-64, entered into an Agreement with Tetra Tech, Inc. to provide as -needed consulting services for National City Capital Improvement Projects; and WHEREAS, the City desires to employ a consultant to provide engineering inspection services for the National City Pump Station Rehabilitation Project; and WHEREAS, Tetra Tech is familiar with the City's inspection requirements, and Tetra Tech is willing to perform such services for $41,230. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Supplemental Agreement with Tetra Tech Engineering, Inc. in the amount of $41,230 to provide engineering inspection services for the National City Pump Station Rehabilitation Project. Said Supplemental Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th 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 Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 June 19, 2007 Tetra Tech Inc. 10815 Rancho Bernardo Road, Ste. 200 San Diego, Ca 92127 Attention: Brad Nguyen P.L., Project Manager SI IPPLEMENTA I, AGREEMENT Project.: NATIONAL CITY PUMP STATION REHABILITATION PROJECT Subject: Supplemental Agreement Engineering Inspection Services This is a Supplemental Agreement to the original agreement dated April 5, 2005 (Resolution No. 2005-64) between the City of National City and Tetra Tech, Inc. for as -needed engineering services. The consultant will provide Engineering Inspection services for the National City Pump Station Rehabilitation Project, Specification No. 04-8. This supplemental agreement provides for an additional not -to -exceed amount of $41,230. Details of the scope of work and cost estimates for this supplemental agreement are shown on the attached Exhibit "A". Proposed Contract Amendment $41,230. Reviewed by � ty Engineer 4 ate Approved hy: Ron Morrison Date Mayor of City of National City Accepted by: /, Approved hy: mil`Vd tires 'guyen J ✓ Date George H. Eiser, III Date Consultant Project Manager City Attorney Tetra Tecb.Jnc. Robert Reid Senior Manager Tetra Tech, Inc. EXHIBIT "A" mart May 16, 2007 TETRA TECH, INC. Mr. Albeit (iriego Engineering Department City of National City 1243 National City Boulevard National City, CA 91950 REFERENCE: PROPOSAL FOR INSPECTION SERVICES FOR THE NATIONAL CITv PUMP STATION REHABILITATION PROJECT, SPEC. NO. 04-08 Dear Mr. Gricgo: Tetra Tech, Inc. is pleased to submit our proposal to provide inspection services for the National City Pump Station Rehabilitation Project. Tetra Tech's experience in a variety of pump station design and inspection services, as well as previous projects with the City makes us well qualified for this assignment. Mr. Brad Nguyen will serve as Project Manager. He is a Registered Civil Engineer, and will be responsible for managing the inspection services and the adequacy of the background and experience of the inspector. As Construction Inspector, we currently have three candidates for the position, Mr. John Quenga, Mr. Bob Martinez, and Mr. John Barrett. Depending on the start date of the job and their availability, the City will have the opportunity to select one of these inspectors or others provided by Tetra Tech for the job. The selected inspector will be responsible in performing the inspection services. They all have performed previous inspection tasks on pump stations and are familiar with the inspection requirements and procedures. Assisting the Construction Inspector on the electrical inspections and at start up will be Mr. Joel Nash, a registered electrical engineer. All their resumes are attached. The following is a detailed Scope of Work that is based upon the City's anticipated need for this project: SCOPE OF WORK The inspection services shall be provided in accordance with the City of National City's construction administration procedures. Tetra Tech shall meet with the ('ity staff and obtain the documents that need to be used during construction inspection. The major inspection services can be outlined as follows: I. The Construction Inspector shall attend the pre -construction conference. IOBIS Rancho Bernardo Road. Sum 700,San Diego, CA 92127 Tel 858.673 5505 Fax 858 673.1610 www retratech.com YR-. TETRA TECH, INC. Mr. Albert Ciriego City of National City May 16, 2005 Page 2 2. The Construction Inspector will provide daily construction inspection for general compliance with the contract documents. The Construction inspector will he required to direct project management type issues/inquiries to the City's Project Manager. The construction inspection shall include the preparation of daily reports. The daily reports arc to include a listing of the men and equipment on site and the work completed each day. 3. The Construction inspector will also assist the ('ity's Project Manager as required to determine percentage of work completed for reconciling progress payments. Daily reports shall include all information necessary to determine quantity of work complete according to categories listed on bid sheet for items other than the construction work items. The work shall be compared against the required submittal of contractor's schedule of values breakdown. The inspector shall review and pre -approved the Contractor's progress estimates based on the completed work in the field prior to submittal of the invoices by the Contractor. 4. Tetra Tech will review up to five submittals or RFI's that may come up during construction. 5. Tetra Tech will provide two days of electrical inspection and one day of start up inspection by an electrical engineer. FEE ESTIMATE We have attached our hourly fee estimate to complete these services similar to previous inspection services contract with the City. The fee estimate is based on providing 45 days of construction inspection for the Pump Station Rehabilitation Project. We are excited at the prospect of providing these services to the City of National City and look forward to continuing working with you on this most important project. Please contact me at (858) 673-5505 if you have any questions. Sincerely, Howard Arnold, P.E. Project Director Attachments M :\Markctm g\t'roposaIs\WITS \2007\08 I \Prep Lt, Aloe Brad Nguyen, P.E. Project Manager FEE PROPOSAL CITY OF NATIONAL CITY NATIONAL CITY PUMP STATION REHABILITATION PROJECT SPEC. NO. 04-08 PREPARED BY: TETRA TECH, INC. DATE: May 16, 2007 PROJ MGR PROJ MGR SR. CONST INSP WORD PROC TOTAL LABOR HOURS TOTAL LABOR COSTS DIRECT COSTS TOTAL COST S175.00 SI40.00 . S98.00 S75.00 INSPECTION SERVICES 1 Daily Construction Inspection (4S inspection days x 8hrs = 360hrs) 360 360 S35,280 S450 S35,730 2 Electrical Inspection (2 days inspection and 1 day start p) 24 24 53,360 S40 S3 400 3 Review Submlttal/RFI (Up to 5) 5 5 5700 S700 4 Project Management 8 8 51,400 51.400 SUBTOTAL_ 8 29 360 0 _ 397 $39,340 $490 $41,230 TOTAL NOT TO EXCEED AMOUNT $41,230 M:'Marktt:-B,P,.. .,^1WTRS'.2007,081 Attachment -Fa zb ✓2C07 TETRA TECH EDUCATION. California Polytechnic University, Pomona 11.S. Electrical 1ingineering, 2000 REGISTRATION'. Registered Electrical Engineer California No. 17495 Joel T. Nash, P.E. Design Engineer Mr. Nash is rcsponsible for initial jobsite investigations for the engineering of electrical systems for commercial, industrial, water/wastewater projexts. Work included power and communication utility coordination, power distribution systems, lighting systems, and control systems for engineering evaluations and field inspections. Work included as - built verification and construction inspection of electrical contractor installations. Track- ing of projects included window based software using AutoCAD, Microsoft Office, and E-Tap Powerflow programs. SUMMARY OF RELATED EXPERIENCE: Schaefer Ranch Water System, Dublin San Ramon Services District — Project included preparation of Preliminary Design Report and design documents for a 400 gpm high service pump station and major retrofit to an existing pump station as well as a design documents for a 0.77 MG steel water tank.. Groundwater Replenishment System(GWRS) for Orange County Water District (OCWD)/Orange County Sanitation District (OCSD) — Project included 15 reverse osmo- sis (RO) trains, associated pump and cleaning tanks, chemical treatment and life safety requirements contained in buildings for aesthetic and sound control. Coordinated power and controls system with over tight engineering subcontractors for the 120-mgd plant. The project included 15 1,000-bp pumps, with 4.16 kV variable frcquency drives and power feeder, a 12 kW cleaning heater, ventilation equipment, and two standby/emergency generators. Performed field coordination with OCWD and OCSD field engineer to interface Districts Mod Bus (Modicon) and device net (A-B) using fi- beroptic communication. Deep Aquifer Treatment System, (DATE) Irvine Ranch Water District - - Project consisted of groundwater purification using three reverse osmosis (R/O) trains processing water from two 2,250 gpm, 350-foot deep, 300-hp submersible water well pumps. Project included three 150-hp reverse osmosis water feed pumps, three 7.5-hp carbon degasifier blowers, three 300-hp product pumps, all with variable frequency drives (VFD). Project included fully automated, PLC "Mod Bus Plus" controls, station and pump supervision, security, power measurement, and communications. Field inspections were required throughout the project timeline to ensure that proper construction was provided by the contractor to meet design and client needs critical for this design -build project. Surface Water Treatment Plant, City of Eagle Pass, Texas — Project Design Engineer for electrical/instrumentation systems for a new treatment plant that will purify water from the Rio Grande River using Micro Filtration Trains (UF) to supply 19 mgd to the City and its outlying communities and upgrading the electrical service and pump station at the existing treatment plant. The existing plant will have four 200-hp pumps with vari- able frequency drives (VFD) that will pump water from the Rio Grande River to the new Treatment Plant. The new Treatment Plant UF building has 15 kV switchgear which will feed four 1,500 kVA transformers. The UF building will use four 300-hp VFD driven pumps to supply the trains and two 250-hp VFD driven pumps to clean and backwash the trains. The project included fully automated PLCs using fiber optic Ethernet con- trols, gaseous chlorine supervision, site security, power management, emergency ger- erator and communications from over 10 remote reservoirs. 680 Recycled Reservoir/944 Recycled Pump Station, Otay Water District (OWD) — Project consisted of 3-hp VFD pumps, two 15-hp booster pumps, HVAC and other various loads for an underground storage and pumping facility used for recreation facilities MNeuketileRcamnWaA-J.duc 1 TETRA TECH Joel T. Nash, P.E. Design Engineer above. Extensive fieldwork was provided to coordinate utility power services to this "high profile" project. A PLC was provided to communicate with the pump station and OWD. This project also included Process and Instrumentation Diagrams (P&IDs). Eucalyptus Booster Station Upgrade, Kinneloa Irrigation District The booster station upgrade replaced two 25-hp pumps with throe 40-hp pumps. The pumps operated by lead, lag, and stand-by so the three pumps would never be on simultaneously. A Cla- valve was used on each pump to prevent backflow. Pump Station and Reclaimed Water Pipeline, Industry Urban Development Agency - Pro- ject includes the use of medium voltage (4160V, 480/277V and 120/240V), 600-hp, 400-hp, and 200-hp VFD driven pumps and one 400-hp pump. Lights, exhaust fans, MCP, telemetry cabinet, and antennas complete the facility. Schaefer Ranch Water System, Dublin San Ramon Services District Project included preparation of Preliminary Design Report and design documents for a 0.77 MG steel water tank. Penasquitos Reservoir Rehabilitation, City of San Diego The Penasquitos Reservoir consists of relocation of the existing power and signal enclosures, addition of a 7.5-hp, single-phase pump and seismic valve. Coordination with SDG&E was needed to add the 7.5-hp, single-phase pump to the existing 100A, 120/240V, single-phase service. A solid-state starter was used to limit the inrush (starting) amperes. Talega Zone 1 Domestic Water and Zone A Non -Domestic Reservoirs, Santa Margarita Water District - Project consists of a 4.0 MG non -domestic water tank and a 6.0 MG do- mestic water tank An interface from the existing facilities was needed to provide power and control. A new chloramine generation facility is needed for the domestic water tanks. Controls include 4-20 mA from the level elements and dtlorantine facility and digital signals from intrusion alarms and to chloraminc facility. Sage and West Reservoir, Kinneloa Irrigation District - The Sage and West reservoirs con- sist of a .225 MG and a.5 MG tank, respectively. The design includes two 25-hp pumps, PLC, exhaust fans, lights, and portable generators. Spread spectrum radios will be used for communication between KID and the reservoirs. 4 MG Reservoir R-15.1 and Booster Station B-15.1, Yucaipa Valley Water District - Pro- vided drainage study and design for a 4 MG steel reservoir and 8,500-gpm pump station located in the north bench of YVWD's service area. Pump station design included pro- visions for immediate construction, as well as for future improvemats. An elaborate screening system using berms and landscape addressed aesthetic issues. Administrative Building Interior Renovations. Long Beach Water Department - An elec- trical upgrade was needed for the building. Renovation and interior tenant improvements included, new switchgear, HVAC, power, data and phone runs, lighting fixtures, light- ing control, and fire alarms. Meadowbrook Sports Field, City of Poway - Meadowbrook Sports Field consisted of 11 480/277V lights on 80-foot poles. Coordination between Musco Lighting and Depart- ment of State Architects was necesry to ensure safety and accessibility to the sports field. The lights are controlled via cellular communication. Saddleback Valley Community Church, City of Lake Forest - A new parking facility to accommodate the parking needs and a venue for events, this project included the reloca- tion of light poles, addition of light poles, and addition of receptacles and pedestal. MUlhhetiteRes mealesLJ.hrz. 2 Cn TETRA TECH Joel T. Nash, P.E. 1)esign Engineer Oxnard Transportation Center — Long Term Parking Lot Improvements, City of Oxnard The parking lot consists of new service to 18 new 150W ZIPS parking lights and four new surveillance cameras. A communication tune will be sent back to OTC to monitor and record parking lot activities. Tapia Headworks, Las Vtrgenes Municipal Water District — This project consists of the demolition of existing electrical equipment within hcadworks, installation of two new climber -type bar screen units, washdown sprayers, local control panels, PLCs and pro- viding alarm relays to treatment plant administrative building_ Equipment inside head - works must satisfy Class 1, Division 2 requirements. Vallecitos No. 10 Flow Control Facility, Vallecitos Water District — The Vallecitos No. 10 Flow Control Facility will convey flow directly to the newly constructed 33 MG (with a future total site capacity of 66 MG) Twin Oaks Reservoir. The electrical system con- sisted of 120/240V service to feed a control panel, telemetry cabinet, and exhaust fans. P&IDs were developed, identifying the different modes of operation and control in the event that there was a failure in the system. Well No. 1, Rowland Water District — Well No. 1 consisted of a 60-hp VFD drive pump, telemetry and PLC I/O. When H-O-A was in AUTO, the pump was controlled by a local reservoir level. Bristol and Maxine Pump Stations Emergency Generators, City of Santa Ana — The Bris- tol and Maxine pump stations required 125 kW and 25 kW emergency generators with automatic transfer switches. The generators arc to prepare for possible future brown outs. rtvYmn„gliietumeswash-i.a,c 3 t TETRA TECH EDUCATION: Grossmont and San Diego City Colleges - Material Strengths & Processes, Math, Sods, Supervision, Uniform Building Codes (UBC), Blueprint Reading, and Drafting) U.S. Navy Engineering Correspondence and Leadership Program CERTIFICATIONS AND AWARDS: City of San Diego Academy 2000 (1994) Caltrans Safety Training (1996) John Quenga Senior Construction Observer Mr. Quenga has thirty-five years of extensive experience in the engineering and con- struction industry. Professional knowledge includes construction management, inspec- tion, design, supervision, and quality control. SUMMARY OF RELATED EXPERIENCE: Removal of Woden Pedestrian Bridge, City of National City - Inspector for the demolition and removal of a steel span bridge. Coordinated work with the US Navy and BNSF Railroad. Soundwalls, Caltrans District 7 - Assistant Resident Engineer for soundwalls on CIDII piles. Route 94 Rehablilltation, Caltrans District 11 - Assistant Resident Engineer for Route 94 rehabilitation, which included PCC grinding, MBGR, AC/Base,etc. Collateral duties: WPCP Monitor, safety reports. Bridge Retrofit Project, Caltrans District 11, San Diego, CA Assistant Resident Engi- neer for bridge seismic retrofits_ Retrofits consisted of steel casings, built-up columns, enlarged reinforced footings, footings with piles, and bolsters. Inspection responsibilities included all field materials (i.e.; rebar, rebar couplers, steellpvc pipe., concrete, etc.) and their accompanying authentication (i.e.; certifications, reports, eta). Other responsibili- ties included reporting writing (ie.; daily work, wedding, materials, SWPP, CCO's, etc.) monthly estimate, safety, traffic control and communicating with the public and local agencies regarding the work. Below lists some retrofit locations. interstate 805 from the San Diego Border North to Adams Avenue - Orange Avenue, H Street, and Adorns Avenue. Interstate 805 and Route 94 Ramps - Southbound 805 to 94 East, 94 westbound to South 805 and northbound 805 to West 94. Interstate 5 from San Diego Border North to Coronado Avenue - Border pedestrian bridge, Camino de la Plaza, and Coronado Avenue. City of San Diego - Engineering Department Resident Engineer; Engineering Depart- ment Maps and Records Supervisor; Building Department Plan CheckG Building De - pat -Intent Permit Issuance. Roadway Projects, City of San Diego - Resident Engineer. Enforced Standard Specifica- tions for public works construction and regional standard drawings. Plans and specifica- tions included mass grading, underground and at grade improvements. Locations included: Meadowbrook Drive new roadway, La Jolla Village Drive - Widening Reo Drive Ramp to Route 54 eastbound; Beyer Boulevard - Widening numerous subdivision work for new streets M1tvrm,ta:,ywn,m„bw,xll2007,09INQump TETRA TECH EDUCATION. California State University, Long Beach REGISTRATION: Building Inspector License f IBFA-405-99 State of California Contractors License #645774 Xactimate Estimating Course, 1994 Bob Martinez Senior Construction Observer Mr. Martinez has 10 years in the construction management and construction industry with experience with water, wastewater, and drainage improvements. His project ex- perience includes pipelines up to 96-inch, bore -and -jack and tunneling up to I60-inch diameter, trenchless technology alternatives of lining and pipe bursting, reinforced con- crete structures, and pump station improvements. His experience, education and certifi- cations have given him an excellent base for construction inspection. SUMMARY OF RELATED EXPERIENCE: 12 MG Medical Center (Scott Labs) Reservoir Constriction, City of San Bernardino — Construction Observer during the construction of a 12 MG concrete reservoir with site provisions for a future 12.0 MG reservoir for the City of San Bernardino Municipal Wa- ter D partrnatt. Appurtenant dements included site grading, water piping, storm drain- age system, access, telemetry, lighting, landscaping, and security measures. Lower Saluda Sewer Lift Station and Wet Well, Moulton Niguel Water District — Rehabilita- tion of lilt station with reconstruction of 40-foot by 30-foot wet well, with poly urethane Coating. Including alternating quadruple pumps through 24- to 3i-inch line from wet well to lift station. Olympic Boulevard Trunk Sewer (Project 11), City of Santa Monica- Construction obser- vation for the installation of 14,000 linear feet of 8-, 10-, 12-, 15-, 21- and 27-inch PVC and VCP trunk sewer, as well as 4,000 linear feet of PVC Spiral Wound sewer lining of existing 8-, 10- and 12-inch. Project included bore -and -jack construction of a 36-inch steel casing/27-inch carrier pipe 300 linear feet under the Santa Monica (10) Freeway as well as construction in State Highway 1 (Lincoln Boulevard) and on/off ramps which required close coordination with Caltrans for pamiunng and construction. OSHA Min- ing and Tunneling permit required for bore and jack construction. Project construction cost oCU4.0 million was funded by FEMA. Lincoln Boulevard 39-inch Trunk Sewer Replacement (Project 12), City of Santa Monica -- Provided construction observation for the replacement of the existing trunk sewer in Lincoln Boulevard, Ozone Street, and Seventh Street. Approximately 7,000 feet of 39-, 22-, 21-, 18-, and 12-inch sewer was installed. Critical issues included connections to existing trunk sewers, existing utilities, deep trenching, traffic control, and business and resident access during construction. Community relations were a key issue for this well traveled arterial which is a segment of Pacific Coast Highway through Santa Monica. Tetra Tech provided comprehensive construction managane nt from contract administra- tion to construction observation. This project was in addition to the construction man- agement services Tetra Tech provided to the City for the past five years that involved sewer replacement and rehabilitation of earthquake damaged lines. The program in- cluded meeting FEMA funding requirements for documentation, inspection and em- ployer interviews. Project 9 Sewer Replacements, City of Santa Monica Construction observation for the replacement of 25,000 feet of 8-, 10-, 12-, 15-, 20-, 21-, and 27-inch sewn pipelines which were damaged in the Northridge Earthquake. Pre- and post -video taping was per- formed and reviewed. The construction observation included providing documentation to support FEMA funding and public relations within politically sensitive areas and high traffic congestion. Project 15B Sewer Burstings, Linings, and Replacements, City of Santa Monica — Con- struction observation for the rehabilitation of 40,000 feet of 6-, 8-, 12-, 15-, and 20-inch sewer pipelines which were damaged in the Northridge Earthquake. Trenchless technol- ogy was used including burst and pull -insertion of HDPE pipe for upsizing applications, ktvduket:reR�wnw.vd,ni ez-rl.doc TETRA TECH Bob Martinez Senior Construction Observer and PVC Spiral Wound Liner and Cured -in -Place Pipe lining applications. Some pipe- lines were replaced by conventional trenching methods where appropriate. Pre- and post -video taping was performed and reviewed. The construction observation included providing documentation to support FEMA funding and public relations within politi- cally sensitive areas and high traffic congestion. Project 13 Sewer Linings, City of Santa Monica — Construction observation of 62,000 linear feet of 6-, 8-, 10-, 12-, 15-inch sewer pipelines including point repairs, manholes lining, and spiral wound PVC lining. Project 8 Sewer Linings, City of Santa Monica — Construction observation for the rehabili- tation of 63,000 feet of 6-, 8-, 10-, 12-, 15-, and 18-inch sewer pipelines which were damaged in the Northridge Earthquake. Trenchless technology was used including burst and pull -insertion of HDPE pipe for upsizing applications, and PVC Spiral Wound Liner and Cured -in -Place Pipe lining applications. Some pipelines wac replaced by conven- tional trenching methods where appropriate. Pre- and post -video taping was performed and reviewed. Point repairs, manhole lining, and installation of new manholes was also performed. The construction observation included providing documentation to support FEMA funding and public relations within politically sensitive areas and high traffic congestion. Project 14 Sewer Linings, City of Santa Monica — Construction Observation of pipeline installations at various locations in the City of Santa Monica that required high level performance in removal and replacement of sewer pipe varying in depth from 8- to 27- foot in depth and pipe sizc of 10- to 42-inch pipe. 1,850 linear feet of pipe was in- stalled using the pipe bursting method or hydraulic pullers. Also involved were con- structing 14 various sizc manholes from 48- to 60-inch diameter, lining existing maintenance holes and lining shelves with slip resistant materials; and the necessary traffic control and safety measures within the heavily populated residential areas, major streets and alleys. The total contract cost of this project was $3.7 million. An approxi- mate total of 14,000 linear feet of pipe was rehabilitated. Southern California Water Company, Southwest Division — Observed the installation of new water mains up to 12-inch, lowering of water mains, service connections, house line connections, fire services, water quality testing, resurfacing streets, pulling permits, punch lists, and preparing final packages on projects: Ermanita Avenue, Lemoli Avenue, Faysmith Avenue, Gallivan Street, Deuker Avenue, Lawndale Retail Center, Domin- guez Ih1Ls, 106th Street and Normandie, 109th Street and Budlong, Tract #52273, Wil- liam Anderson Elementary School, South Bay Ford, and Turino Plant Upgrade. Moulton Niguel Water District — Observed building of underground pump station, lift station, pump replacements, low pressure upgrade, MCC and PLC. Electrical upgrades, flow control transmitter upgrades, and monitoring of sewer line for Metro Link. Los Angeles County of Department Public Works, Los Angeles — Inspection of wider - ground facilities: Reinforced Concrete, Buried Detention Basin (160 fed by 120 feet by 14 feet deep) 96-inch Storm Drain, 160-inch Tunnel — Water Line Replacements Sewer Line Replacements Sewer Lining Sewer Lining - Los Angeles County Department of Public Works — Inspected the installation of cure -in -place sewer lining in the City of Marina Del Rey, Insituform, U-Liner and U- Liner West. Also inspected emergency point repairs to sanitary sewers throughout I.os MAMub AmsTeammoWMntioa- adoc 2 TETRA TECH Bob Martinez SeniorCnnstnrction Observer Angeles County. Private Drain 553 - Project consisted of $3.9 million upgrade of flood control channel to increase flow. Inspection of steel mats for invert and walls, concrete, soils testing for SECA areas, compaction testing, and resurfacing of access roads. Green Flag Drain, City of Redondo Beach - Project consisted of $9.3 million stonn drain upgrade in the City of Redondo Beach. Inspected the construction and installation of retention basin with tic -back system, installation of 96-, 36-, and 24-inch RCP storm drain, 950 linear feet of nnuml for 96-inch RCP pipe, and inspected steel for pouring of RCB. Project 9037 Unit 2, City of Long Beach - $2.5 million project to increase area drainage and storm drain capacity in the City of Long Beach. Inspection of excavation, shoring, dewatering, water quality testing, installation of 54-inch RCP pouring of RCB, compac- tion, and resurfacing of streets. Griffith Street Drably City of Carson - $1.8 million project to increase storm drain capac- ity. Inspection of excavation and removal of soil in SECA area, shoring, installation of 72-inch RCP storm drain, installation of flap gates, pouring of RCB, compaction and resurfacing of streets in the City of Carson. Project Superintendent - Supervised and coordinated activities of workers engaged in removal, refurbish, and reconstruction of govermne nt buildings. improvements made to major tcardown according to contract specifications. Read blueprints and interpreted data, including emergency and electrical outlets. Supervised employees to meet contract deadlines, interaction with various levels of government officials, inspectors, and con- tract officers. Preparation of work orders, inspection of completed projects for compli- ance to specifications. Project Manager -- Several commercial and residential projects. Inspection of workman- ship to ensure that the project had mci client's specifications. Developed project sched- ule from start to completion. Managed supervisors to oversee that client deadlines were met. Took on additional responsibilities as directed from the company president MMLhd v, Itesm,es\MutorteFiJw // 3 TETRA TECH EDUCATION. Major in Civil Engineering, UCLA Degree in Business Administration, Loyola University of Los Angeles Construction Contrw..ts Administration, George Washington University, Washington D.C. John E. Barrett Construction Observer John Barrett has over 40 years of experience involving the construction of public works, industrial, commercial, and residential underground facilities. Mr. Barrett's construction inspection experience involves domestic and reclaimed water systems including pipelines, valves, fire hydrants, domestic and irrigation water ser- vices, backflow prevention devices, and pressure reducing systems; off -site fire preven- tion systems for industrial and commercial building developments, including connections to existing water mains, pipelines into the property to service fire sprinkler systems, post indicator valves, fire hydrants, pressure backflow prevetters and water service laterals to within five feet of the proposed buildings; storm drain systems, in- cluding reinforced concrete pipe, corrugated metal pipe, PVC plastic pipelines of all slits, catch basins, junction structures, inlet and outlet concrete structures, concrete headwalls and energy dissipation structures; and sanitary sewer pipelines, manholes, service laterals to within five feet of proposed buildings, removal and replacement of existing sanitary sewers and connections to existing off -site facilities for industrial, commercial, and residential projects. SUMMARY OF RELATED EXPERIENCE: Colorado Aqueduct, Metropolitan Water District — Construction Observer of dewatering and installation of internal seals in Freda Siphon, Barrel 1. Repaired leaks in 12 foot diameter concrete pipe, Barrel # 1, of California Aqueduct, between Twenty Nine Pahns, California and Parker, Arizona. Preparation of inside concrete surface, grouting cracks in pipe and installing rubber inner seals with stainless steel bands on inner cir- cumference of pipe. Air testing inner seals to verify correct installation. Repaired leaks in approximately three miles of pipe. Irvine Ranch Water District, City of Irvine — On -call inspection for the installation of new water mains up to 12-inch, lowering of water mains, service connections, house line connections, fire services, water quality testing, resurfacing streets, pulling permits, and punch list. Olympic Boulevard Trunk Sewer, City of Santa Monica — Construction Manages for the installation of 20,000 linear feet of 8-, 10-, 12-, 15-, 18-, 21-, and 27-inch PVC and VCP trunk sewer, as well as 4,000 linear feet of PVC Spiral Wound sewer lining of existing 8-, 10-, and 12-inch. Project included bore -and -jack construction of a 36-inch steel cas- ing/27-inch carrier pipe 300 linear feet under die Santa Monica (10) Freeway as well as construction in State Highway 1 (Lincoln Boulevard) and on -/off -ramps which required close coordination with Caltrans for permitting and construction. OSHA Mining and Tunneling permit required for bore -and -jack construction. Project construction cost of $4.0 million was funded by FEMA. City of Cudahy, Tract 180 Mutual Water Company Replacement of 14-, 12-, and 8-inch water mains, valves, fire hydrants, 6-inch tire services, and 2- and 1-inch water services. Union Pacific Railroad Locomotive Repair Facility, Alameda Corridor, Alameda Street, and Carson Street, City of Cason — Construction of water mains, sewers, storm drains, wastewater force mains, pump stations, compressed air lines and gas mains. City Hills MaWVThe Block at Orange, Santa Ana Freeway and Orange Freeway, City of Orange — Removal and replacement of water reams, sewer, and storm drains. Rolling Hills Plaza, Pacific Coast Highway and Crenshaw, City of Torrance — Reconstruc- tion of water, sewer, and storm drain system. M:U.LckRineReimeeUiurtet-J.doc nap.- asien•senrorrial... TETRA TECH John E. Barrett Construction Observer Avenue Pico and La Pata Road, City of San Clemente - 16-inch water system, hydrants, and laterals. Corporate Plaza Office Complex, The Irvine Company - Water, storm drain, and sewer systems. Avocado and Coast Highway, City of Newport Beach - Water, storm drain, and sewer systems. Santiago Canyon Road, Chapman Avenue and Newport Road, City of Orange - Recon- struction of water, sewer, and storm drain systems. Montgomery Ward Regional Warehouse, City of Chino - Fire protection, on -site and off - site water system, valves, fire hydrants, and backflow preventers. University of California, City of Irvine - 36-inch RCP storm drain and structures. MI Medical Center, City of Orange - Removal and replacement of Sewer, water, and storm drains. Brea Mall Expansion, Imperial Highway and Birch Street City of Brea - Storm drain, water, and sewer systems. Jurupa Industrial Park, City of Ontario - Storm chain and water systems. Aliso Viejo, Moulton Parkway and Glenwood Drive, City of Mission Viejo - 86-inch RCP storm drain and structures. Santa Margarita High School, City of Rancho Santa Margarita - Water, sewer, and storm drain systems. Santa Fe Industrial Center, Jurupa and Route 15, City of Ontario - Water, sewer, and storm drain systems. Nexus City Square, City Drive and Garden Grove Boulevard, City of Orange - Sewer, storm drain, and water systems Dupont Center Office Complex, Von Karman and Dupont Boulevard, City of Newport Beach - Storm drain and water system. South Coast Village, South Coast Drive and San Diego Freeway, City of Costa Mesa - Storm drain, sewer, and water systems. Koll Center, Michelson and Von Kerman Avenue, City of Irvine - Storm drains, water, and sewer. Railroad Street Industrial Complex, Fullerton Road and Pomona Freeway, City of Industry - I ti-inch water mains, fire hydrants, and fire services. Orange Financial Center, Town and Country Drive, City of Orange - Waltz and storm drain systems. Meridian Hotel, Von Karman Avenue and Birch Street, City of Newport Beach - Sewer, water, and stone drain systems. The Citadel Complex, Santa Ana Freeway and Washington Boulevard, City of Commerce - Storm drains and sewers. South Bay Shopping Center, Forest City Dillon, Inc., City of Redondo Beach - Stour dram and electrical utilities. MWfadetng ItesuvKsULnal-l.Ju: /J 2 TETRA TECH John E. Barrett Constnlrtion (i)b.sen'cr The Market Place, Westminster Avenue, City of Long Beach - Sub -surface natural gas dissipation system. Rancho Santa Margarita, Coto de Caza Drive and other streets, City of Coto de Caza — Water, sewer, and storm drain systems. Bridgecreek Business Park, Valley View Street, City of Garden Grove - 8-inch water sys- tem_ Wiestang1Re asnes\Ametl-J.duc /L 3 City of National City, California COUNCIL AGENDA -STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City approving a deferral of the requirements of Section 13.22.060 of the Municipal Code (Ordinance No. 1491), and approving a "Covenant Running with the Land" to property owner at 116 E. 4th Street, National City PREPARED BY DEPARTMENT EXT. 4395 Mauro Nebreja Engineering EXPLANATION See attached Explanation. J Environmental Review X N/A MIS Approval Financial Statement Approved By: The deferral fee ($441.00) will be transmitted to Account No. 001-21000-3585. N.L4. Flnance'Director Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMEDATION NIA ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 4. Signed and notarized "Covenant Running with the Land" 2. Exhibit "A" shaming the dirt alley that needs the construction of 543.8 square feet of Portland Cement concrete 3. Exhibit "B" map showing the property 5. Receipt of $441.00 deferral fee mauro A-200 (Rev. 7/03) EXPLANATION: Rosemary Alcala, owner of the property at 116 E. 4th Street, National City applied for a building permit. The property is served by a dirt alley and requires the construction of 543.8 square feet of Portland cement concrete per City Ordinance No. 1491. The owners have requested a deferral of said ordinances because of the following: 1) The City has not done a preliminary survey or design of the alley. 2) Construction of a portion of the alley might not meet the future requirements when the final design comes in, such as flow line elevations and centerline. In granting of the deferral to install the Improvements the owners agree: 1. Not to protest the installation of any of the required improvements under 1913-1915 Improvement Act Program, whether initiated by the property owners or the City. 2. To install said improvements in conjunction with an overall improvement program of the area, whether initiated by the property owners or the City. To install the required improvements within 30 (Thirty) days of a written demand todo so by the City Engineer. See attached Covenant Running with the Land for the detailed conditions. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A DEFERRAL OF THE REQUIREMENTS OF SECTION 13.22.060 OF THE MUNICIPAL CODE, AND APPROVING A COVENANT RUNNING WITH THE LAND WITH THE PROPERTY OWNER AT 116 EAST 4TH STREET WHEREAS, Rosemary Alcala, the owner of the property at 116 East 4th Street, has applied to the City for a building permit for construction on her property, which will require the construction of 543.8 square feet of Portland cement concrete of alley section adjacent to her property pursuant to National City Municipal Code ("NCMC") Section 13.22.060; and WHEREAS, the property owner has requested and qualifies for a deferral from said requirements as provided for in NCMC Section 13.22.090; and WHEREAS, the property owner has paid a deferral fee and executed a Covenant Running with the Land as required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the deferral of the requirements of Section 13.22.060 of the Municipal Code requirements, and approves a Covenant Running with the Land for the property located at 116 East 4th Street. PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CL CONSTRUCTION OF 5438 SO. FT PORRAND CEMENT CONCRETE (PER CITY RES 1491) PROPERTY LINE 41-1 38.-4" (E)DW£LUNG TO REMAIN ' PROPOSED BASEMENT CONVERTION TD BEDROOMS 745 SO. FT. (E)GAS MEIER 38.-4" 26.-10" (E) DWELLING 537 SQ. FT. 26.-10" 9'-0" SETBACK 0 0 o Cc a I-(E)STAIRS PROPERTY UNE 41'-10" (E)t SCAPE (E)012I1fWAY 114 E. 4TH STREET (E)GAS (E)RETAINING WALL EXHIBIT A A ? 408 1 A w Q o P NA TIONAL A N W A 31 35 39 a 24 34 45 105 111 107 123 131 Ca WA N Co A Cr. A 203 211 223 225 229 243 245 303 311 40 104 110 114 122 136 1S H1fi M o C.4 0 (A 0 V ) CITY BLVD w W W c. V 14 21 44 45 I 98 10 114 123 116 127 122 128 129 132 141 A B AVENUE 206 212 218 226 230 234 238 244 300 304 316 pi 133e11S H1t 213 212 221 227 216 235 230 241 240 305 302 309 311 304 312 W rri EXHIBIT B 114 E. 4TH STREET PLEASE COMPLETE THIS INFORMATION: RFCORI)MNG REQUFSTEI) BY: ROSEMARY AL.CAI,A AND MIEN RECORDED MAIL'1O: City Of National City Engineering Department 1243 National City Blvd. National City, CA 91950 THIS SPACE FOR RECORDER'S USE ONLY COVENANT RUNNING Wfl H "II IF, LAND (Please fill in document title(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) /-J COVENANT RUNNING WITH THE LAND This COVENANT is made by ROSEMARY ALCALA hereinafter referred to as "OWNER". WHEREAS OWNER is the owner of that certain real property located in the City of National City, County of San Diego, State of California, described as follows: Lot 22 except the westerly 10-1/2 thereof in block 1 of Kimbal Subdivision of 10 acre lot 5 In quarter section 155 of Rancho Dela Nacion, according to map thereof No. 106, file in the Office of the County Recorder's Office of San Diego County. WHEREAS, said owner desires to be excused from the legal requirements to install the following improvements: Construction of 543.8 square feet of Portland cement concrete of alley section adjacent to the property. NOW, TIIEREFORE, in consideration for the granting of a deferral to install said Improvements by the City Council of the City of National City, said owner covenants for herself follows: and her heirs, successors, assigns, executors and administrators as 1. The owner will not protest the installation of any of the required improvements under I913- 1915 Improvement Act Program, whether initiated by the property owners or the City. 2. The owner will install said improvements in conjunction with an overall improvement program of the area, whether initiated by the property owners or the City. 3. The owner will install the required improvements within 30 (Thirty) days of a written demand to do so by the City Engineer. Date: May 21, 2007 12.ngineering Department No. q� €Ui 2( 5 l[e �e..� ROSEMARY ALCAI.A By: MAIJRO NE13REJA 7 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF COUNTY OF r-1,9A/ on 71779 } } } qe &-2before me, t _,e8/t/v5? 1 A/4L7///�9ie /3, C'r personally appeared 'Cafetlj�%dc/ / pecsenally-kfteverrttrrne (or proved to me on the basis of satisfactory evidence) to be the person) whose name( is/a, subscribed to the within instrument and acknowledged to me that nil/she/HA executed the same in Vs/her/tt it authorized capacity(ies), and that by hii/her/th/r signature?1 on the instrument the person , or the entity upon behalf of which the person(s) acted, executed the instrument. / WITNESS my hand and official seal. e --- Signature: y� YELENA B. WIELSHAAR .72111Tv. Commission # 1446511 'may -`i Notary Public - California San Diego County My Comm. Expires Oct 21, 2007[ (This area for offkaal nolarial sea° 6 Date: TRANSMITTAL FROM ENGINEERING DE?ARTMENT AMOUNT: Engineering Staff Name: /"/ ' ilk. b/yt Name of business or person rpaayingA ,cei aty A(c-4l ec Project Name: //�P C- `Y- /• icti- Project Address: .5a4146 De/ rra I fe-r- Alley ccriifru 1 Account Name for T t A Account Purpose: Zze-/3 /s Can ced fleC See eta4chece x 5 ACCOUNT * DESC1t1IPIUON _ CODE ACCT * 44/. iL 0001-3585-21000 Miscellaneous Revenue N/A N/A 1001-3147-21000 Miscellaneous Permits & Aooeals N/A N/A * 001-3547-21000 Storm Water MQmt (NPOES1 N/A N/A * 125-3610-22222 Sewer Fee N/A N/A P _ N/A N/A t 726-1141 Tent & Agency r I Performance Cash Deoosit 1 PCO . 3000-3999 I Plan Check d./or Inspection I PC/INSP 14000-4999 I I Street Improvement Decosit SIO 16000-6999 I I Statement ofUnderztaneinc I SOU 17000-7900 T & A Account Number: Finance Slcff Indicts: FOR FINANCE STAFF ONLY Receipt Number Date: CIIY OF NAIIONAt CITY Finance Department 619 336-4330 National City 2 / 23101 05/24/2007 12:35:24.000 Reg CASH1 Validation Receipt CHARGES- 001-21000-3585 GF2135 MISC. USER CHARGES$ 218.00 Sub -total $********218•Q0 PAYMENT - Check - 1778 $ 218.00 Change $**********Q.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays WMRE • OPPICE COP'. BLUE • FNANCE P'NK • CONSTRUCT ON YELLOW - INSPECTOR GREEN • A.P. CA VT MARC COPY • Joe SI'E City cf National City Office of the City Engineer I;a3 Nlb3•el Ciy 9:,Aa.vd Napes' CI:,. Ca1.'omla (5(9; 338,380 APPLICATION & PERMIT Apo Rem Do., cofI'me :-.a- c_l.o.-::m,vM has 'nsorarce Ir. a"o_, h� the 'c110w -; min:'-_, cov!'agea' Gaaau....a➢L.2, t 5x.ccc S I :CC.Co3 $ I :Cc,C3o sae^ eacn occurrence oggrege!e p'ol,:I4 a,J :J":ioI, cpo'efw•a ',cpeny;omega S 250.Wc ea:- :cc-r.eoce S S000C3 aa2'e3a'e At;tmnliva l lebutty aei ly 11'.r,- S 33P 3:: Cameae S 303::C minim J" A'gzkr'a Comwn.nttor Y•P m --1 of S 1:C.000 0,NEP 5 A'A 47.4 1 Nat, C PRRTv C'FNEP'S NAVE / t/war Al ta/c i334—/e/3 LI1Ki ADORE .S ain� *ESIC EN -AL ,J NCLSTRIAL COMMERC A. 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Ccr10'uc ig :tare 1...: C'1•S'TE IMPROVEMENT 3racing Rota, rg PLAN NO OEBCR15110N MEMTION ACCOUNTN MB OF F e9�����M�/��e1�s R . iai�allonNWaiieGai(efai�i SIC E h'A.K PEE �.�111 CURB FEE �'I�I��u Cv,v.PA4P 1!E maim- co) _ • I� 3P.aDI5K1 PEE .1'J142.21000 3CN3,7EP06r' e � may+ u 03'•3525.2'003 !O• Acoro.eci A:nP.•s0 y 1C 07 saa,aaT ON E.sy Dorm,, Y w: by the c N £'➢Near vadu ale pm•40n. o: 'Nab:s e,el e..r.y.arb'b• on: 50Cime r. l 5M'AQ /ore-n>Ix .,W04180 o/ w:h ;e'mb If rol :conoe .ad w.N: 0D 4.,1 '"0m I 'stele e'ne x3,k a,.tn'J'sae b, e•d1 p.—k 1 ws,M^ Wd 9 1:01:040G can, I,M ate' the grit 11 >J—me•o :'01 a >eno: de: dare. SS ":A.L AT Ot. .,. El STA'E LICENSE PG & CLASS .N0 PEPtireNt..y,SER rs2 E7 '3 J. PAID rf+t,Y i o 2C0.7 CITY OF <;ATiONA'.. CITY R SEP:ED FOR vA;: DAT 0'a -he le Ic'nirc de'.'e9 toe oilcan '6 ( e') 3r nl9 'actors reApo I:llltyr. ir oonrectiewith 19 ope'aticl: t -he apc ealt eh c Lc. (6c . Ions e9:M!0 09 6AX�aet p039:310 cosUL:dor anc incr.y enlaces to the outdo and se s'..al(ha':e urdef OOBIr ICr eater .es g� s Jm 0' Wort than he can p'o3e3Jte OrC3Bdy with dLe 'spares to :no rglf 3f Ih people. all pub' c plc B II be pennilled Io Dau through ex atng ma.9ta!ned Cid< streets with as tte 8. C City arse: nay be c °Had tc PJbllc tal90 .011C1,1:19 vrt:ten app'o•ra o' the clly e :O0CJCted n such a Tanner as t0 eaJSe as little 'noon';enieroe as p0ss 31e IC a3ul::ng property all ncYj all ma darts i1 the''Tlmediale area cireclly aae:lac oy his -pork <S 15CL"S teforD 30m'nenoirg 'we (2', lenaco: la -es sha oe ore. dad ir. pl.b c tre"c at ail tmes. Canto' sha • o:ett toe WC'k ty adequate In5ta1-all3r 3f Ife l° 5dens, Ilgh'e, flares anc 3a/icaces. I E the even! s s perlsior of work. ad traveler ways shall 3e adegJete y ma 'Ica nod oy :ne C3nlrac;cr as clrected by the • Prot Sons • The Conlraoltr shad confcrm l0 the rules anc ragJlat4Ors pertains-9 fC safety 'eg5'a5Or5 <Islet iehed ty :he ail fr a Dh99r311 of Irduslr a Safely. Unless otherwise soecillec Peptic righb0'.wan rspro':emelts shah: 3e co1SOL31ee a0o0rding to the adcolec edttlera of the San C ego Area Reg one' Standard Drawings. and the Slanca'd Spec'':cadona ter the Pub' c 'works Cons:ructicn, „it Hy p.pe Dedd'ng, wench Dackf II and t'ercr. resorlaoing's to be do's. acxrding I3 City o' Nat ono' City Dwg. 113•S43 and 119.S.B. I HAVE CAREFULLY EXAMINED THE "APPLICATION AND PERMIT", AND D0 HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT ALL INFORMATION HEREON INCLUDING THE DECLARATIONS ARE TRUE AND CORRECT AND I FURTHER CERTIFY AND AGREE IF A PERMIT IS ISSUED: TO COMPLY WITH ALL CITY COUNTY AND STATE LAWS RELATED TO THE WORK, WHETHER SPECIFIED HEREIN OR NOT. I AGREE TO SAVE INDEMNIFY AND KEEP HARMLESS . THE CITY OF NATIONAL CITY AGAINST ALL LIABILITIES, JUDGEMENTS, COSTS AND EXPENSES WHICH MAY IN ANY WAY ACCRUE AGAINST SAID CITY IN CONSEQUENCE OF THE GRANTING OF THIS PERMIT, AAPLICAIJ"S NA1,IE: RGWEMNy /Lill C '<NER AGEN' I` Cc-TRA roR BY Po'ON City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of National City accepting the work from MJC Construction with the final amount of $1,383,246.47 and authorizing the filing of the Notice of Completion with the County Recorder for the Paradise Creek Educational Park Improvements PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT See attached explanation. Engineering EXT. 4387 L Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION --, Adopt the Resolution. BOARD / COMMISSION R�CQ) IMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Final Contract Balance 3. Notice of Completion A-200 (Rev. 7/03) EXPLANATION: On August 16, 2005 by Resolution No. 2005-179 the City Council awarded a contract to MJC Construction for the Improvements of the Paradise Creek Educational Park in National City, Specification No. 04-5. Based upon the estimated bid quantities, the total low bid cost for the project was $1,008,900. On September 19, 2005 the Contractor commenced the work. During the construction, the following three -contract change orders were approved by the City Council resolutions: (1) Disposal of contaminated soils ($150,000). (2) Exclusion of the Additive Alternatives A4 (Central Boardwalk) & A5 (Boardwalk Connections) from the original contract (Lump Sum) and completion of the North/South (new alignment) Boardwalk (T&M) with no change in contract cost. (3) Addition of the East/West (new alignment) Boardwalk in the amount of $268,000. The total cost (Not to Exceed) due to the change orders was $418,000 with the total contract amount increased from $1,008,900 to $1,426,900. This amount was decreased to $1,383,246.47 after the completion of the project. The change orders also affected the project duration and extended it to 415 working days. However, the Contractor was able to complete the work earlier within 400 working days. The Final Contract Balance spreadsheet is attached for further review. On April 28, 2007 a final inspection was conducted and the work was found to be in accordance with the approved plans and specifications, and their amendments. The Contractor has recently submitted the final contract documents for the project closure. The purpose of the Contract Final Balance is to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the completed project. The attached Notice of Completion will be filed with the County Recorder and the retention will be released after a thirty -day period. Within the thirty -day period the subcontractors and material suppliers can file a claim for non-payment on the project. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL CONTRACT BALANCE CHANGE ORDER FROM MJC CONSTRUCTION, INC., IN THE AMOUNT OF $1,383,246.47, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE PARADISE CREEK EDUCATIONAL PARK IMPROVEMENTS WHEREAS, on August 16, 2005, the City Council adopted Resolution No. 2005- 179, awarding a contract to MJC Construction, Inc., for the Paradise Creek Educational Park Improvements; and WHEREAS, a change order is required to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby approves the Contract Final Balance Change Order for the National City Resurfacing Project. BE IT FURTHER RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by MJC Construction, Inc. for Paradise Creek Educational Park Improvements, has been completed, the City Council of National City hereby accepts said work, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-05. CONTRACTOR: MJC CONSTRUCTION, INC. ORIGINAL CONTRACT AMOUNT: $1,008,900 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Description Mobilization Traffic Control S WPPP-BMI' Temp Fencing Demolition Earthwork In -Situ Testing Electrical Work Asphalt Paving Concrete Flat work Stabilized DG Path Amphitheater Seating Site Furnishings Curb Ramp Fencing Irrigation Landscaping Landscape Maintenance Shade Structure Central Boardwalk Boardwalk Connection Qty Bill ITEMS Unit Unit Price 40 1 LS I.S LS Page 1 of 2 STARTED DATE : 09-19-05 COMPLETION DATE: 04-28-07 $100,000.00 $5,000.00 $19,000.00 LS LS I.S EA LS LS LS LS LS LS EA LS LS $6,000.00 $105,000.00 $90,000.00 S600.00 $16,000.00 $8,000.00 $40,100.00 $13,000.00 $60,000.00 $5,800.00 $2,500.00 $8,000.00 $60,000.00 LS LS T TOTAL AL C.O. 1 Hazardous Soil Removal C.O. 2 Boardwalk (Delete Central Alignment & add North/South .Alignment at no cost) C.O.3 Boardwalk (East/West) (;RAND TOTAL I.S $49.000.00 $7,500.00 $75,000.00 Original Amount Final Qtv I,S LS 1,S 1,S I.S $175,000.00 $140,000.00 $100,000.00 $5,000.00 $19000.00 $6,000.00 $105,000.00 $90,000.00 $24,000.00 $16,000.00 $8,000.00 $40,100.00 Final Amount 1 $100,000.00_ $5,000.00 1 $19.000.00 1 $6,000.00 1 1 $105,000.00 1 $90,000.00 40 $24,000.00 ( $16,000.00 $8,000.00 1 $40,100.00 $ 13,000.00 $60,000.00 $ 1 3,000.00 $60,000.00 $5,800.00 $2,500.00 $8,000.00 $5,800.00 1 $2,500.00 $8,000.00 $60,000.00 $49,000.00 $7,500.00 $75,000.00 $175,000.00 S140,000.00 $1,008,900.00 $150,000.00 (5315,000.0) $1,008,900.00 $150,000.00 ($315,000.00) $60,000.00 $49,000.00 $7,500.00 $75,000.00 1 $175,000.00 $268,000.00 $1,426,900.00 $268,000.00 $1,426,900.00 $140,000.00 $1,008,900.00 $106,346.47 ($315,000.00) $268,000.00 $1,383,246.47 FINAL CONTRACT BALANCE Page 2 of 2 PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-05. CONTRACTOR: MJC CONSTRUCTION, INC. STARTED DATE : 09-19-05 ORIGINAL CONTRACT AMOUNT: $1,008,900 COMPLETION DATE : 04-28-07 The final total contract price for the construction to date is $1,383,246.47 The work was completed within 400 working days. The Contractor (MJC) accepts this Final Contract Balance as full compensation liar the work. Approval by: Din Daneshfar, City Project Manager avter imenc, President, MJC Construction, nr� Date 4-s-ate Date City of National City Resolution Number Date RECORDING REQUESTED BY WHEN KECORDED MAIL TO. NAME: CITY OF NATIONAL, CITY ADDRESS: 1243 NATIONAL. crIY BOULEVARD NATIONAL. CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL, CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on June 19, 2007 of the Paradise Creek Educational Park Improvements Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Paradise Creek Educational Park at 18th Street, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: N/A Naturc of the interest or estate of owner (rrartgagor, lessee, ctc.) Said work of improvement was performed on the property pursuant to a contract with MJC CONSTRUCTION, INC. Name of Original Contractor The following work and material were supplied: Grading, Installation of Boardwalks, Shade Structure Landscaping and Irrigation General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: 2007; Joint tenants, tenants um common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof, the same is true of my own knowledge. 1 declare under penalty of perjury that the forgoing is true and correct. Executed on , 2007, at , California. Signature: RON MORRISON, MAYOR N. 10-4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 19, 2007 8 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the award of a competitive bid for one Animal Control Truck, to Wondries Chevrolet in the amount of $33,631.83 from the City's Motor Vehicle Fund. PREPARED BY Brenda E. Hodges,'` C.P PEPARTMENT Purchasing Dept. EXPLANATION EXT. x4570 Request for Bid #GS0607-2 was issued for the purchase of one (1) Animal Control Truck (2008 model 3/4-ton truck with stainless steel animal body instead of pick-up bed). Bids were mailed to fourteen (14) vendors, netting four (4) responses. Bids were opened and publicly read on June 11, 2007 with no vendors present for the opening. Wondries Chevrolet of Alhambra, Ca., offered the lowest, responsive, responsible bid. The award will be in the amount of $33,631.83, which includes tax and delivery. CEnvironmental Review N/A MIS Approval Financial Statement Funds are available in the FY07 budget. $47,000 was budgeted for this purchase. Approved By: ists Finance 'rector 643-422-224-511 Account No. S F T In concurrence with the Pu (c Works Director, the Purchasing Agent recommends that the award be made to Wondries Chevrolet, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below) Resolution No. Bid Abstract Resolution A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AWARD OF A COMPETITIVE BID TO WONDRIES CHEVROLET IN THE AMOUNT OF $33,631.83 FOR A 3/4-TON TRUCK WITH A STAINLESS STEEL ANIMAL BODY FOR USE BY THE POLICE DEPARTMENTS ANIMAL CONTROL DIVISION WHEREAS, the Purchasing Department of the City of National City did, in open session on June 11, 2007, publicly open, examine and declare four sealed bids for one (1) 3/4- ton truck with a stainless steel animal body for use by the Police Department's Animal Control Division. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for one (1) 3/4-ton truck with a stainless steel animal body to the lowest responsive, responsible bidder, to wit: WONDRIES CHEVROLET BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorizes the award of a competitive bid for one (1) 3/4-ton truck with a stainless steel animal body for use by the Police Department's Animal Control Division in the amount of $33,631.83. PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Purchasing Wondries Chevrolet Alhambra, CA Raceway Ford Riverside, CA Villa Ford Orange, CA City Chevrolet San Diego, CA Bob Baker Ford San Diego, CA Calif. Truck Equip Downey, CA Truck $18,536.00 $18,752.00 $12,545.00 $2,738.49 $21,111.11 $13,383.33 $3,018.26 $22,125.00 $12,245.00 $3,007.37 No Response No Response Downtown Ford No Response Sacramento, CA Folsom Lake Ford Isom, CA Ford West Bellflower, CA Fuller Ford Chula Vista, CA George Chevrolet Bellflower, CA People's Chevrolet Chula Vista, CA Perry Ford National City Ron Baker Chevrolet National City, CA No Response No Response No Response No Response No Response No Response No Response BID ABSTRACT #GS0607-2 6/12/2007 Body Tax Env. Fee Warranty Total Bid Discount (*) Actual Cost $12,045.00 $2,675.83 $0.00 $375.00 $33,631.83 $0.00 $33,631.83 Net 30 $8.75 incl $34,044.24 $0.00 $34,044.24 Net 30 $7.78 incl $37,520.48 -$3,449.44 $34,071.04 10% 30 $0.00 incl $37,377.37 $0.00 $37,377.37 Net 30 (*) Early payment discount based on specified payment terms. For comparison purposes, discount was applied to the subtotal only (truck & body). Low bidder doesn't change if discount is applied to tot City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 19, 2007 9 AGENDA ITEM NO. %ITEM TITLE Resolution authorizing the award of a competitive bid for six Ford Crown Victoria Police Interceptors, to Villa Ford in the amount of $156,816.65 from the City's Motor Vehicle Fund. L PREPARED BY Brenda E. Hodges, .P.MDEPARTMENT Purchasing Dept. EXPLANATION EXT. x4570 Request for Bid #GS0607-1 was issued for the purchase of six (6) 2007 model (or newer) Ford Crown Victoria Black & White Police Interceptors. Bids were mailed to eight (8) vendors, netting three (3) responses. Bids were opened and publicly read on June 11, 2007 with no vendors present for the opening. Villa Ford of Orange, CA., offered the lowest, responsive, responsible bid, which was for newer 2008 model vehicles. The award will be in the amount of $156,816.65 which includes tax, delivery and prompt payment discount. r ♦ Environmental Review N/A MIS Approval Financial Statement Funds are available in the FY07 budget. $210,000 was budgeted for this purchase Approved By: FinAnce Director 643-422-224-511 Account No. STAFF RECOMMENDATIEN In concurrence with the Public Works Director, the Purchasing Agent recommends that the award be made to Villa Ford, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below) Resolution No. Bid Abstract Resolution A-200 (Rev. 7/03) 1 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AWARD OF A COMPETITIVE BID TO VILLA FORD IN THE AMOUNT OF $156,816.65 FOR SIX 2008 MODEL FORD CROWN VICTORIA POLICE INTERCEPTORS WHEREAS, the Purchasing Department of the City of National City did, in open session on June 11, 2007, publicly open, examine and declare three sealed bids for six (6) 2007 model Ford Crown Victoria Police Interceptors. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for six (6) Ford Crown Victoria Police Interceptors to the lowest responsive, responsible bidder, who has also upgraded the vehicles from 2007 to 2008 models, to wit: VILLA FORD BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorizes the award of a competitive bid for six (6) 2008 model Ford Crown Victoria Police Interceptors to Villa Ford in the amount of $156,816.65. PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Purcho_..,g BID ABSTRAt, t #GSO6O7-1 Subtotal Tax Warranty Env. Fee Total Bid Discount ("1 Actual Cost Model Yr Villa Ford $141,999.96 $12,425.00 $16,533.36 $58.32 $171,016.64 -$14,199.99 $156,816.65 2008 Orange, CA 10% 30 Folsom Lake Ford $139,830.00 $12,235.13 $14,280.00 $0.00 $166,345.13-$6,991.50 $159,353.63 2007 Folsom, CA 5% 20 Bob Wondries $137,562.00 $12,036.67 $15,480.00 $0.00 $165,078.67 $0.00 S165.078.67 ???? Alhambra, CA Net 30 Bob Baker Ford No Response San Diego, CA Downtown Ford No Response Sacramento, CA Ford West No Response Bellflower, CA Fuller Ford No Response Chula Vista, CA Perry Ford No Response National City, CA ("): Early payment discount based on specified payment terms. Discount applied to subtotal only for purposes of comparison. 6, . _2007 City of National City, California COUNCIL AGENDA STATEMENT 10 MEETING DATE DECEMBER 19, 2006 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City supporting $1 Billion State Budget Allocation of Proposition 1 B Funds to Cities in 2007-08 PREPARED BY Mayor Ron Morrison 61 36-4235 DEPARTMENT Mayor/Council EXPLANATION The voters of California passed Proposition 1 B ($19.9 Billion transportation bond) in November 2006 and were promised $2 billion to be used to improve local streets, roads and other priority local transportation projects. According to the League of California cities survey, cities have numerous local projects that need Prop 1 B funds to begin work. Some projects will take years or even decades to complete. Cities will not receive any Prop. 42 (gasoline sales tax) funds for local streets and roads during the 2007-08 year and Prop 1 B funds will allow projects already underway to continue without interruption. Untimely or inadequate allocation of Prop 1 B funding this year would cause project delays of up to one year and limit many projects that are ready to go. Therefore, the Mayor and Council urge the legislature and governor to appropriate $1 Billion in Prop. 1 B Funds out of the 2007-08 State Budget to fund vital local street and road repairs in California cities. Financial Statement N/A Account No. ,61 Al -I- RtCUMMI_NDA1 ION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING $1 BILLION STATE BUDGET ALLOCATION OF PROPOSITION 1B FUNDS TO CITIES IN 2007-08 WHEREAS, the voters of California passed Proposition 1B ($19.9 billion transportation bond) in November 2006, and were promised $2 billion would be used to improve local streets, roads and other priority local transportation projects; and WHEREAS, California's cities are ready to go to work on local traffic safety repairs, congestion relief, fixing crumbling roads, improving mass transit and other local transportation improvement projects; and WHEREAS, according to a League of California Cities survey, cities have numerous local projects that can put the city share of the $1 billion in local street and road moneys to use immediately for the benefit of citizens and businesses; and WHEREAS, cities need sufficient Prop. 1B funds allocated this year to begin work on local transportation projects that are ready to proceed. Early allocation of these funds will allow projects to get underway immediately and will prevent unnecessary delays; and WHEREAS, some Prop. 1B projects will take years or even decades to complete, and many city transportation improvement projects are ready to get off the drawing board and into construction immediately, demonstrating to voters that the state and local governments are making good on their promise to spend bond funds in a timely and responsible manner; and WHEREAS, local streets and roads are a critical component to a seamless transportation network, the mobility of California residents, the transport of goods and services, and the strength of our economy; and WHEREAS, cities will not receive any Prop. 42 (gasoline sales tax) funds for local streets and roads during the 2007-08 fiscal year and Prop. 1B funds will allow projects already underway to continue without interruption; and WHEREAS, an untimely or inadequate allocation of Prop. 1B funding this year would unnecessarily cause project delays of up to one year and limit the construction of many mid- and large -sized projects that are otherwise ready to proceed. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby urges the Legislature and Governor to appropriate $1 Billion in Prop. 1B Funds out of the 2007-08 State Budget to fund vital local street and road repairs in California cities. --- Signature Page to Follow --- Resolution No. 2007 — June 19, 2007 Page 2 PASSED and ADOPTED this 19th 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 11 •MEETING DATE: June 19, 2007 AGENDA ITEM NO. ITEM TITLE: NEIGHBORHOOD COUNCILS MONTHLY REPORT FOR MAY 2007 PREPARED BY: Rudy LopezL DEPARTMENT Community Services (619) 336-4560 EXPLANATION: Please see attached report. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Receive and file. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Neighborhood Council Monthly Report —May 2007 COMMUNITY SERVICES DEPARTMENT Neighborhood Council Program MEMORANDUM To: Mayor and City Council; Chris Zapata; Leslie Deese; Rudy Lopez From: Lauren Lauletta & Erica Belandres RE: Neighborhood Council May 2007 Wrap -Up Northside (May 2): • Residents in attendance: 8 • City staff in attendance: 1 (FD) • Action requests submitted: 5 • Translation: 1 • Action requests submitted for April: 3 • Action request pending: 0 • Average number of days taken to complete an action request: 1 Granger (May 3): • Residents in attendance: 15 • City staff in attendance: 1 (PW) • Action requests submitted: 3 • Action requests submitted for April: 3 • Action request pending: 1 • Average number of days taken to complete an action request: 12 Central (May 9): • Residents in attendance: 15 • City staff in attendance: 2 (FD, PD) • Action requests submitted: 8 • Action requests submitted for April: 6 • Action request pending: 4 • Average number of days taken to complete an action request:2 MLK COMMUNITY BUILDING • 140 EAST 12th STREET, SUITE B • NATIONAL CITY • CA 91950 TEL. (619) 336-4290 • FAX (619) 336-4292 Eastside (May 10): • Residents in attendance: 15 • City staff in attendance: 1 (PW) • Action requests submitted: 6 • Action requests submitted for April:6 • Action request pending: 1 • Average number of days taken to complete an action request: 4 Olivewood (May 16): • Residents in attendance: 19 • City Staff in attendance: 1 (FD) • Action requests submitted: 1 • Presentation: San Diego Habitat for Humanity project on E.18th & G Ave • Action requests submitted for April: 4 • Action request pending: 2 • Average number of days taken to complete an action request: 10 Sweetwater Heights (May 23): • Residents in attendance: 5 • City Staff in attendance: 1 (FD) • Action requests submitted: 3 • Action requests submitted for April: 3 • Action request pending: 1 • Average number of days taken to complete an action request: 18 Old Town (May 24): • Residents in attendance: 5 • City Staff in attendance: 1 (PW) • Action requests submitted: 6 • Presentations: San Diego Habitat of Humanity project at 1441 Harding Ave. • Action requests submitted for April: 5 • Action request pending: 2 • Average number of days taken to complete an action request: 4 Totals (Mav 2007): • Residents in attendance: 82 • Action requests submitted: 32 • Staff Initiated: 5 • Translation:1 • Action requests submitted for April: 30 • Action requests pending from April: 11 • Combined average number of days taken to complete an action request: 7 City of National City, California COUNCIL AGENDA STATEMENT ..IEETING DATE June 19, 2007 AGENDA ITEM NO. 12 ITEM TITLE WARRANT REGISTER # 44 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Tess E. Limfueco 619-336-4330 Ratification of Warrant Register # 44 per Govemment Section Code 37208. J Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Dir tor Account No. STAFF RECOMMENDATION I recommend ratification these warrants fora total of $ 1,392,821.14 &a v e BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #44 2. Workers Comp Warrant Register dated 5/08/07 3. Payroll register dated 5/8/07 Resolution No. A-200 i5-94: City of National City WARRANT REGISTER # 44 5/8/2007 PAYEE IIARRIS NOSAL, WILLIAM A. PARMA RAMIREZ AIRGAS-WISP ALL AMERICAN SEWER TOOLS AMERICAN PLANNING ASSOCIATIO AMERICAN ROTARY BROOM CO., I AMERICAN TECHNOLOGIES, 1NC. AMERICAN WATER WORKS ASSOC ARCO GASPRO PLUS ARMSTRONG MEDICAL INDUSTRIES ASBURY ENVIRONMENTAL SERVIC ASTRO MECHANICAL CONTRACTOR AUSLIN DOORS BANK OF AMERICA RI,ACKIE'S TROPHIES ANI) AWARDS BOO 1' WORLD CA ASSO OF CODE ENFORCEMENT CALIFORNIA COMMERCIAL. SECIJRI CALIFORNIA ELECTRIC SUPPLY CESNAIJSKAS CHIl.DRE.N'S HOSPITAL CINGIJI.AR WIRELESS DESCRIPTION REIMB-SWAT BASIC COURSE EXPS RETIREMENT SETTLEMENT MAY 07 2007 PARMA MF.MHLRSHIP/FENTON A. REIMB-SWAT BASIC COURSE EXPS MOP /145714 GLOVES. EAR PLIJGS SIGHT GLASS ASSEMBLY APA/AICP MEMBER -ROGER POST SWEEPER REPAIRS CLAIM:BACK FLOW/WATER DAMAGE A W WA MEMBERSI IIP/JOE SMITH FI JEL FOR CITY FLEET BROSL;I.OW MEDICAL, TAPE 50/50 COOLANT ER REPAIR OF GAS I.F.AK CITY-WIDE. DOOR REPAIRS CREDIT CARD PYMT#7172 APRO7 MOP 67727 NAME TAGS MOP #64096 IL3ARRA RENEW MEMBERSILIP/CONDON D. LIBRARY REMODEI. MOP ii45698 DIFFUSERS REIMBURSEMENT 125 PLAN CHILD SEXUAL ABIJSL EXAMS DATA VOICE SVC 3/21 - 4/20/07 Cl1K NO DATE AMOUN 214566 5/3/07 317.50 214567 5/3/07 956.73 214568 5/3(07 100.00 214569 5/3/07 436.50 214570 5/8/07 189.79 214571 5/8/07 275.56 214572 5/8/07 494.00 214573 5/8/07 616.90 214574 5/8/07 9,406.28 214575 5/8/07 173.00 214576 .5/8/07 27,074.82 214577 5/8/07 136.86 214578 5/8/07 207.15 214579 5/8/07 14,070.00 214580 5/8/07 1,100.00 214581 5/8/07 318.40 214582 5/8/07 54.38 214583 5/8/07 96.95 214584 5/8/07 75.00 214585 5/8/07 74.00 214586 5/8/07 472.48 214587 5/8/07 184.00 214588 5/8/07 373.00 214589 5/8/07 2,347.21 1 CLAIMS MANAGEMENT ASSOCIATE CONTRERAS CORNERSTONE CONSULTING CORPORATE EXPRESS COUNTY OF SAN DIEGO CRAWFORT) DALEY & HEFT I.I.P DANIEL PEARCE/ RPM WELDING DIXIELINE LUMBER CO. DOMINGO M GACIIYA JR -DONSTON DURRA INK ESPIRI'1'I1 EXPRESS TEL FABINSKI FEDEX FLEET SERVICES. INC FLINT TRADING, INC.. GALLS, INC. GORMSEN APPLIANCE CO GRAING1iR GREGORY GROSSMAN PSYCHOLOGICAL ASSO HARRIS & ASSOCIATES HEARTLAND COMM. FAC. AUTI IORI HUERTA HUNTER'S NURSERY INC. IMMING INFRASTRUCTURE ENGINEERING INGERSOLL-RAND COMPANY INTL. TRAINING RESO(JRCES. LTD JODI L. DOIICE1TE KING MIC/!AFI. LASER SAVER INC CLAIM: CONTRERAS VS N. C. LIABILITY CLAIM COSTS REVIEW OF PALM TREE ISSUES MOP 45704 OFFICE SUPPLIES POLICE 11DO 1200 NCB REIMBURSEMENT 125 PLAN CLAIM: SCHOOL. DISTRIC 1" VS CNC MOP 445749 SNACK BAR BARRIER MOP 45707 P001. MAINTENANCE REFUND'BI.3124 OVERPAYMENT MARCH 2007 CONCERT MOP 46766 LETTERHEADS-ENVEI.P TRAVLI. REIMB-CANCELLED TRAINING PAGER SVC FOR I'D 3/20 - 4/20/07 ADV SUB/MOTORCYCLE ACAI)EMY TRANSPORTATION CHARGES MOP 1/67804 MISC S( IPPLIES SUPPLIES GALLS RANGE PRO PLUS GEAR BAGS SERVICE CALL MOP //65179 GAS LEAK DETECTOR REIMBURSEMENT 125 PLAN PRE-EMP PSYC11OI.OGICAL EXAMS MARCII 2007 SERVICES ANNUAI. DISPATCII SVC AGREEMENT TRAV EXR'FIRE MECH ACAI)EMY MOP 445'719 HORTICULTURE NL\RCI f 2007 CONCERT MARCII 2007 SERVICES SVC. MAINT. CONTRACT ADV REGISTRATION/RANDY TRIVIZ REIMB TRAVEL,MI;ALS RF.IMBURSFMEN'1 125 PLAN MOP 45725 I IP8100 COMPATIBLE 214590 5/8/07 1,261.00 214591 5/8/07 1,349.96 214592 5/8/07 2,357 ' 214593 5/8/07 733. 214594 5/8/07 345.00 214595 5/8.%07 414.13 214596 5/8/07 961.00 214597 5/8/07 500.08 214598 5/8/07 289.05 214599 5/8/07 102.00 2146(10 5/8/07 75.00 214601 5/8/07 430.25 214602 5/8/07 128.80 214603 5/8/07 221.38 214604 5/8/07 2,583.00 214605 5/8/07 32.35 214606 5/8/07 78.36 214607 5/8/07 3,330. 214608 518/07 3,816.. 214609 5/8/07 144.95 214610 5/8/07 653.83 214611 5/8/07 242.02 214612 5/8/07 5,097.50 214613 5/8/07 21,391.92 214614 5/8/07 1,368.68 214615 5/8/07 22 3.05 214616 5/8/07 247.24 214617 5'8/07 75.00 214618 .5/8/07 57.047.99 214619 5/8/07 67426 214620 5/8/07 535.00 214621 5/8/07 58.18 214622 5/8/07 2.000 214623 5/8/07 325.. LEAGUE OF CALIFORNIA CITIES L.INCOLN INSTITUTE OF LAND LION'S CLUJB 'LOCAL GOVERNMENT PUBLICATIO LOPEZ MAINTFX, INC. MARSI IALL MI JSIC MASON'S SAW &.. LAWNMOWER SRV MC:DOWELL MOTOR COP SI TOP, INC. NAPA AUTO PARTS OFFICE PAVILION OFFICE TEAM ONE SOURCE DISTRIBUTORS OUT BACK MANI 1FACTURENG PARTS PLUS Al )TOSTORF. 4713 PERRY FORD PMW ASSOCIATES ;PORT-11.LO CONCRETE, INC. POWERST1UDE BATTERY CO fNC PRUDENTIAL OVERALL SUPPI .Y PUBLIC FMP RETIREMENT SYSTEM RELIABLE TIRE CO. ROARK ROJAS ROMAN'S TRIJC'K BODY & PAINT S.B.R.P.S.T.C. S.D. (.Y)UNTY SI IERIFF'S I )EPT. SAN DIEGO AREA CHAPTER ICC SBC/MCI SBC/MCI SIGN MASTERS SOLUTIONS SAFFIY SERVICES, INC SOUTH BAY WINDOW & GLASS LCC MUNI LAW IINDBK BOOK ORDER/ROGER POST INTERNATIONAL PARADE & FAIR I, C L BOOK ORDER/ROGLR POST TRANSLATION SVCS ON 05101/07 JANITORIAL SUPPLIES CONDUCTOR'S SCORE FOR BAND MOP 45729 CHAINSAW PARTS/SVC NATI., SCI100I, DIST RET MOTORCYCLE I IELMET MOP 445735 CORE OFFICE FURNITURE IJSCANGA, EMII.Y W/E 04/13/07 MOT' 67256 LAMPS IIEI,MET HEADSET MOP 4634946 LIFT SUPPORTS REPLACE A/C COMPRESSOR ADV TUITION-JOSE TELLEZ APRIL 2007 SERVICES MOP 467839 BATTERY MOP 45742 BATII TOWEL SERVICE PERIOD 04-07-4 'FIRES REIMB TUI.1'N-SEARC11 & SEIT.I IRE REIMBURSEMENT 125 PLAN LEVI' FRONT FENDER ADV TUITION ACADEMY-FABINSKI BOOKING FEES IFC FIRE PROTECTION SYSTEMS PHONE C60-449.7549 MAR 07 PIIONE 4619-477-6232 4/13-5/12/07 LETTERS - 1 GREEN TRUCK ALTERATION CHECK IN WINDOW REI'AIRIREPI.ACEMENI 214624 5/8/07 648.00 214625 5/8/07 46.95 214626 5/8/07 13,000.00 214627 5/8'07 119.56 214628 5/8/07 175.00 214629 5/8/07 2,521.50 214630 5/8/07 19.97 214631 5/8/07 104.19 214632 5/8/07 70.00 214633 5/8/07 383.95 214634 5/8/07 505.43 214635 5/8/07 5,210.15 214636 5/8/07 215.20 214637 5/8/07 477.28 214638 5/8/07 399.28 214639 5/8/07 26.77 214640 5/8/07 2,869.59 214641 5/8/07 335.00 214642 5/8/07 30,647.25 214643 5/8/07 161.82 214644 5/8/07 329.14 214645 5/8/07 219,442.56 214646 5/8/07 1,370.25 214647 5/8/07 170.00 714648 5/8/07 228.90 214649 5/8/07 1,187.90 214650 5/8/07 1,691.00 214651 5/8/07 :38,654.00 214652 5/8/07 70.00 214653 5/8/07 6,020.04 214654 5/8/07 252.83 214655 5/8/07 545.00 214656 5/8l07 40.00 214657 5/8/07 285.00 3 STEVENS CONSTRUCTION STRIEB FAMILY TRUST SUPERIOR READY MIX CONCRETE SWEETWATER AUTHORITY TAB PRODUCTS CO TELLEZ THE BOYS & GIRLS CLUB 1llE S'l'AR NEWS TIIOMSON WESI 'LRIVIZ U.S. HEALTHWORKS U.S. HEAL" HWORKS U.S. HEALIHWORKS U.S. HEALIHWORKS UNION TRIBUNE PI IBLISIIING CO UNITED PARCEL. SERVICI. US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES WATERLINE TECI[NOLOGIES WII.1.Y'S ELECTRONIC SUPPLY APRIL 2007 SERVICES REND PARKING CIT#NC361213025 ASPIIALT C:OLD MIX STREET DIVISION WATER BILLS OFFICE SUPPLIES ADV TUITION -BUDGETING FOR PD BOYS & GIRLS CLUB LUNCH ADVERTISING - PLANNING LEGAL PUBLICATIONS ADV SUBS'!' -TACTICAL COMMANT)R II W PHYSICAL EXAMS H W PHYSICAL EXAMS H W PHYSICAL EXAMS 11 W PHYSICAL EXAMS ADVERTISING -POLICE RECORDS UPS SHIPMENT APR 23, 2007 SETTLING CHRGS APR 7 & 13 2007 CABI"E CHI?MICAT.S FOR MIINICII'AL P001" MOP 45763 WATT INVERTER 214658 5/8/07 37,152.90 214659 5/8/07 35.00 214660 5/8/07 1,063,3" 214661 5/8/07 452.4 214662 .5/8/07 303.67 214663 5/8/07 38400 214664 5/8/07 20.00 214665 5/8/07 466.38 214666 5/8/07 526.92 214667 5/8/07 754.92 214668 5/8/07 625.00 214669 5/8/07 460.00 214670 5/8/117 360.00 214671 5/8/07 180.00 214672 5/8/07 37500 214673 5/8/07 22.18 214674 5/8/07 99.27 214675 5/8/07 68.1 214676 5/8/07 784.1. 214677 5/8/07 73.85 Total 541,076.48 Workers compensation checks 13094 13095 13096 13097 13098 13099 13100 13101 13102 13103 13104 11105 5/2/07 5/2/07 5/2/07 5r2.-07 5/2/07 5/2/07 5/2. 07 5/2/07 5/2/07 5/2.107 5'2/07 5/2.`07 249.41 352.00 .355.52. 125.47 217.18 68.62 101.26 78.12 639. 3"2 87.71 300.; 258.06 •1 13106 5/2/07 130.72 13107 5/2/07 1,392.32 13108 5/2/07 374.00 13109 5/2/07 280.00 13110 5/2/07 440.00 13111 5/2/07 3,520.00 13112 5/2/07 3,450.00 Total 12,420.37 I otal 553,496.85 PAYROLI. Pay period Start Date End Date Check Date 302 04/10/07 04/23/07 09/02/07 TOTAL 839,324.29 GRAND'IOTAI. 1,392,821.14 5 City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE June 19, 2007 13 AGENDA ITEM NO. (-ITEM TITLE WARRANT REGISTER # 45 PREPARED BY DEPARTMENT D. Gallegos -Finance EXPLANATION Finance Tess E. Limfueco 6 l 9-336-4330 Ratification of Warrant Register # 45 per Government Section Code 37208. Environmental Review N/A (-Financial Statement Not applicable. Approved By: Finonce Dir or • Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 562,957.44 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register#45 2. Workers Comp Warrant Register dated 5/09/07 Resolution No. A-200 ,9 99, Payee BOST LOPEZ TORRES ACOSTA ASIAN JOURNAL AT&T/MCI CK .,3EGLER CALIFORNIA POLICE EQUIP CAREER SURVIVAL GROUP CHAVEZ CHELIUS CITY OF RIVERSIDE. FIRE 1)EPT CLEARS, INC COLLINSON CONSTRUCTION ELECTRONICS CORPORATE. EXPRESS CORREIA D-MAX ENGINEERING INC MOTU DIONE City of National City WARRANT REGISTER 4 45 5/15/2007 Description REFUND/PROOF OF NON -LIABILITY REFUND -INCORRECT SSN PAID REFUND -INCORRECT SSN PAID REFUND/INCORRECT SSN PAII) ADVERTISING POLICE RECRUIT PHONE 339-342-2741-822 3/1-4/6/07 ADV SUBSISTENCE FIELD EVIDCE TECII ADV SUBSISTENCE TRAIN THE TRAINER MOP 50746 SUPPLIES/NGUYEN RECAST FOR M C T E/CONDON 1). ADV T111TION/FIREARMS A SCHOOL. REIMB/CRISIS NEGOTIATN CLASS PUBLIC SAFETY EXPO COSTS 2007 MEMBRSHP DUES - CLEARS REIMB/TERRORISM II MONTHLY MAINT CONTRACT MOP 45704 OFFICE SITI'I'LIES ADV SUBSISTENCE FIELD EVIDCE TICII DEPOSIT8950/PACIFIC VIEW STATS REFUND/INCORRECT' SSN PAID REFUND/INCORRECT SSN 1'AID chk no chk date amount 214678 5/14/2007 130.00 214679 5/14/2007 80.00 214680 5/14/2007 140.00 214681 5/15/2007 70.00 214682 5/15/2007 100.00 214683 5/15/2007 476.09 214684 5/15/2007 2,376.72 214685 5/15/2007 384.00 214686 5/15/2007 700.70 214687 5/15/2007 235.00 214688 5/15/2007 900.00 214689 5/15/2007 67.30 214690 5/15/2007 200.00 214691 5/15/2007 60.00 214692 5/15/2007 80.34 214693 5/15/2007 843.55 214694 5/15/2007 431.73 214695 5/15/2007 2,376.72 214696 5/15/2007 800.00 214697 5/15/2007 80.00 214698 5/15/2007 19.00 1 DIVISION 8 INCORPORATED LIBRARY GLASS REPLACEMENT 214699 5/15/2007 6,700.00 • D1X1EL1NE LUMBER CO. MOP #45707 SMA1.1. TOOLS 214700 5/15/2007 686.66 DIXIELINE LUMBER CO. DEPOSIT#1083/PLAZA BONITA MALL 214701 5/15/2007 48.191` DOUGLAS E. BARNIIART, INC CONSTRUCTION MGMT SRVCS 214702 5/15/2007 18,732.76 DSL EXTREME DSL SUPPORT SRVC 6/01-7/01/07 214703 5/15/2007 53.88 FENTON REIMB/MEE'1'INGS,'IRAINING 214704 5/15/2007 102.34 GALVAN REFUND/INCORRI:C:T SSN PAID 214705 5/15/2007 35.00 GARCIA REFUND/INCORRECT SSN PAID 214706 5/15/2007 210.00 GIEDD REIMB/TERRORISM II 214707 5/15/2007 79.26 GONZALES REFUND/INCORRECT SSN PAID 214708 5/15/2007 110.00 GOV FINANCE OFFICERS GFOA MEMBERSHIP RENEWAL 214709 5/15/2007 570.00 HARI,AN ADV/ICS 300/400 TRAIN -TRAINER 214710 5/15/2007 460.44 IIARRIS & ASSOCIATES DEPOSIT#1125 PARADISE VILLAGE 214711 5/15/2007 2,605.00 IIARRIS & ASSOCIATES DEPOSIT #1074 8 ON C PROJECT 214712 5/15/2007 1,255.00 HARWARD ADV SIJBSISTCFJHOMICIDE INVST 214713 5/15/2007 1,839.5", HERNANDEZ REIMB/PUBLIC RECORDS ACT C:RS 214714 5/15/2007 107.67 HERNANDEZ REIMB/TERROR►SM 11 214715 5/15/2007 79.26 HOLIDAY INN - SOUTH BAY LIAB CLAIM: CONTRERAS VS CNC 214716 5/15/2007 1,072.50 INFRASTRUCTURE ENG DEPOSI'F#0973 11&H TOWNHOUSES 214717 5/15/2007 709.70 INPRAS'I'RIICTiJRE ENG DEPOSIT#1018 835 E 18TH ST 214718 5/15/2007 52.50 JENKINS REFUND/PROOF OF NON -LIABILITY 214719 5/15/2007 200.00 JERRY WEST LLC BOOKS FOR NC COMM CONCRT BAND 214720 5/15/2007 249.00 JOD)I L. DOUCETTE ADV'I'RAVEI./PUBLIC REC ESSENT I. 214721 5/15/2007 123.19 KILLACKY, KEVIN REIMB/WASHER AND DRYER 214722 5/15/2007 56.64 KILLACKY, KEVIN REIMB/DECONTAMINATION ITEMS 214723 5/15/2007 32.15 LAQUANDA BUNCOM REFUND/BL 59771 OVERPAYMENT 214724 5/15/2007 60.00 LONG'S DRIJC, STORES MOP 45727 PHOTO PROCESSING 214725 5/15/2007 11.72 LOPEZ REFUND/INCORRECT SSN PAID 214726 5/15/2007 117.00 2 LOPEZ 'TRANSLATION SRVCS 5/02/07 214727 5/15/2007 100.00 MAINTEX, INC. FRONT SQUEEGEE KT/WET MOP 214728 5/15/2007 648.98 ..N K-9 INC. MAIN'I'F.NANCE TRAINING APR 2007 214729 5/15/2007 1,000.00 MARSHALL MUSIC BAND MUSIC FOR CONCERTS 214730 5/15/2007 127.96 MARTIN REFUND/INCORRECT SSN PAID 214731 5/15/2007 60.00 MILE OF CARS ASSOCIATION FY06-07 APPORTIONMENT#10 214732 5/15/2007 38,513.84 MORGAN SQUARE, INC. FY06-07 APPORTIONMENT#10 214733 5/15/2007 66,562.82 MSA FY08 MSA ANNUAL MEMB/SMITH J. 214734 5/15/2007 70.00 ORANGE COUNTY SIIERIFF ADV TUITN/SUPERVISORY COURSE 214735 5/15/2007 102.00 PEPPERBALLTall TUITION/INV#0018987-IN ALLEN R. 214736 5/15/2007 395.00 PERRY FORD LABOR, FRONT SUSPENSION BUSHING, 214737 5/15/2007 535.95 I'ORAC NEWS ADVERTISING/NEWS CLASSIFIED 214738 5/15/2007 342.00 POST REIMB/APA CONFERENCE/POST R. 214739 5/15/2007 1,035.76 PRUDENTIAL SUPPLY MOP45742 BAT!! TOWEL 214740 5/15/2007 63.06 'BLIC EMP RET SYS SERVICE PERIOD 05-07-3 214741 5/15/2007 214,889.50 _ .JSENLIt'.11 REFUND/PROOF OF NON -LIABILITY 214742 5/15/2007 80.00 S i) AREA CHAPTER ICC INT CODE COUNCIL - SD CHAPTER 214743 5/15/2007 70.00 S.B.R.P.S.T.C. ADV TUITION/LEANN & CORREIA 214744 5/15/2007 540.00 SAN DIEGO COUNTY CHIEFS' ATTORNEY GEN ZONE IV MEETING 214745 5/15/2007 90.00 SASI PROCESSING CI IRGS MAY-JIILY 2007 214746 5/15/2007 880.50 SDG&E S'I'REEI DIV GAS/ ELECTRIC CIIGS 214747 5/15/2007 29,457.59 SMART & FINAL MOP 45756 MISCELLANEOUS 214748 5/15/2007 67.53 SMART & FINAL MOP 45756 COFFEE FOR OFFICE 214749 5/15/2007 54.21 SOUTHERN MUSIC BAND MUSIC FOR NC COMM BAND 214750 5/15/2007 52.61 STANICH REIMBII'ERRORISM II TRAINING EXPS. 214751 5/15/2007 82.44 THE S'FAR NEWS PROOF OF PUBLIC ORDINANCE 2I4752 5/15/2007 545.81 lIC REGENTS MATERIALS AND SUPPLIES 214753 5/15/2007 660.00 ION TRIBUNE PUBLISHING ADVERTISING/JOB CLASSIFIED ADS 214754 5/15/2007 1,224.48 UNION TRIBUNE PUBLISHING ADVERTISING FOR NC COMM BAND 214755 5/15/2007 759.60 3 UNITED PARCEL SERVICE UPS SHIPMENT 214756 5/15/2007 17.44 ' VER►ZON WIRELESS - SI) CELL PHONE SRVC 3/22-4/21/07 214757 5/15/2007 6,559.5E WOOD & WOOL) LIAB CLAIM/FRISBIE V CITY OF NC 214758 5/15/2007 5,537.86 WOOD & WOOD LIAB CLAIM/NC & A GONZ VS OFF 1 214759 5/15/2007 5,337.20 WOOD & WOOD LIAR CLAIM/FLORES VS J C PENNEY 214760 5/15/2007 637.00 WRG FIRE TRAINING SMOKE FLUID. 214761 5/15/2007 396.42 YBARRA ADV/SUPERVISORY COURSE 214762 5/15/2007 1,380.88 ZUNIGA REFUND/INCORRECT SSN PAID 214763 5/15/2007 389.00 BAKER & TAYLOR REFERENCE BOOKS 214764 5/15/2007 305.30 BRODART ADULT BOOKS 214766 5/15/2007 21,314.69 CALIFA GROUP 2007 DATABASE RENEWAT, 214767 5/15/2007 8,387.00 CITY OF NATIONAL CITY our OF SPATE SALES TAX ON- 214768 5/15/2007 55.42 CONGRESSIONAL, QUARTZ?RI.Y REFERENCE 13O0KS- 214769 5/15/2007 297.00 CORPORATE EXPRESS INV 76699484 DOUBLE WINDOW ENV 214770 5/15/2007 565.51 CORPORATE EXPRESS OFFICE SUPPLIES MOP # 45704 214771 5/15/2007 689.30 DEMCO INC. BOOK PROCESSING MATERIAL 214772 5/15/2007 52.06 GARETH STEVENS, INC. BOOKS -READING IS FUNDAMENTAL 214773 5/15/2007 807.40 INFORMATION PUBLICATIONS REFERENCE BOOK.-- 214774 5/15/2007 128.63 LASER SAVER INC MOP #45725-"MAINT. OFFICE EQUIPMENT 214775 5/15/2007 399.60 LIBRARY VIDEO COMPANY DVD/VIDEOS 214776 5/15/2007 991.11 LIBRO,MEX.COM SPANISII LANGUAGE BOOKS- 214777 5/15/2007 70.00 MADERA VIDEO 1)VD'S IN SI'ANISIT 214778 5/15/2007 9,999.96 MIL)WEST T'AI'E DVD/VIDEOS/PROCESSING SUPPLIES 214779 5/15/2007 4,059.77 NAT'I, GEOGRAPHIC SOCIETY ADULT NON-FICTION BOOKS 214780 5/15/2007 15.90 NOLO PRESS, INC. REFERENCE BOOKS 214781 5/15/2007 63.77 OMNIGRAPHICS, INC. REFERENCE BOOK- 214782 5/15/2007 151.19 THE H.W. WILSON CO. REFERENCE BOOK-- 214783 5/15/2007 167.00 TIIE IE SHOPPER, INC. PROCESSING SUPPLIES FOR DVD'S 214784 5/15/2007 230.31 4 THOMSON GALE 'ZILLION PIJHLISIIING LLC .NIVFRSI'TY PRODUCT'S INC. WEST COAST AUDIO SRVCS WILLY'S ELECTRONIC SUPPLY XEROX CORPORATION ALLIE'S PARTY EQUIP RENTAL ANDERSEN ARCE ARMOUR BEASLEY BRODAR'I' CACATIAN CANTRILL \PILLA CI IRISTENSEN CINGIJI.AIZ WIRELESS CING(JLAR WIRELESS CISNEROS CITY OF GLENDAI.E CITY OF NATIONAL CITY CLARK CORPORATE EXPRESS DEANDA DEL NORTE UNIFIED SCHOOL DELAIRL ELANEY EDIICATIONAI. ,a?LSIED EMBASSY SUITES REFERENCE BOOKS/CONTINUATIONS BOOK -COMEBACK DADS,FAM COURT MATERIALS/ SUPPLIES FOR LHR REPAIR/ MAINTENANCE FOR ONE REPAIR AND MAINTENANCE BASE CIIGS/OVERAGES- 8 XEROX RENTAL OF CANOPY AND CHAIRS 'I'RAVEI. (AMERICORPS/LSTA Y-4) EXPERT SERVICES (PRIME TIME Y-3) EXPERT SVCS AMERICORPS/CNCS TRAVEL (AMERICORPS/LSTA Y-4) BOOK PROCESSING MATERIALS TRAVEL (T.TI'. INFF. XV) TRAVEL (AMERICORPS/LS'I'A Y-4) TRAVEL (LIT. INIT. XV) EXPERT SERVICES (PRIME TIME Y-3) WINGS CEI,T. PIIONE. WOWMOBILF. PIIONE. TRAVEL (LIT. INTI'. XV) EXPERT SERVICES (PRIME TIME Y-3) OUT OF STATE TAXES EXPERT SVCS AMERICOR/C:NCS Y-4 MATERIALS & SUPPLIES (WINGS) TRAVEL. (AMERICORPS/LSTA Y-4) EXPERT SVCS AMERICORPS TRAVEL (AMERICORPS/1.S'I'A Y-4) BOOKS FOR WINGS MOBILE GRANT 7RAVE1. (AMERICORPS/LSTA Y-4) TRAVEI. (I.1T. INTI'. XV) 214785 5/15/2007 1,245.27 214786 5/15/2007 14.64 214787 5/15/2007 110.09 214788 5/15/2007 157.50 214789 5/15/2007 143.52 214790 5/15/2007 1,819.25 214791 5/15/2007 3,360.72 214792 5/15/2007 22.63 214793 5/15/2007 750.00 214794 5/15/2007 65.00 214795 5/15/2007 139.29 214796 5/15/2007 855.67 214797 5/15/2007 16.80 214798 5/15/2007 85.00 214799 5/15/2007 64.02 214800 5/15/2007 375.00 214801 5/15/2007 44.51 214802 5/15/2007 33.14 214803 5/15/2007 30.31 214804 5/15/2007 750.00 214805 5/15/2007 554.96 214806 5/15/2007 60.00 214807 5/15/2007 91.98 214808 5/15/2007 23.48 214809 5/15/2007 96.00 214810 5/15/2007 22.96 214811 5/15/2007 4,529.15 214812 5/15/2007 54.29 214813 5/15/2007 3,125.61 5 EVANS TRAVEL (sr. INIT. XV) 214814 5/15/2007 159.08 ' FAIRFIELL) LANGUAGE TEC J I SUPPLIES FOR THE LITERACY 214815 5/15/2007 1,712.95 FANNING TRAVEL (AMERICORPS/LSI'A Y-4) 214816 5/15/2007 314.70 GARCIA TRAVEL (AMERICORPS/LST'A Y-4) 214817 5/15/2007 386.26 IIANSEN LIBRARY SALES ASSORTED GIVEAWAY BOOKS 214818 5/15/2007 905.89 HOBBS TRAVEL (AM FRICORPS/LS'I'A Y-4) 214819 5/15/2007 26.70 HUNTER TRAVEL (LIT. INIT. XV) 214820 5/15/2007 96.03 I11JRTADO 'TRAVEL (LIT. INIT. XV) 214821 5/15/2007 89.24 JACQUELYN BRINKLEY TRAVEL (LTT. INIT. XV) 214822 5/15/2007 29.65 JOHNSON TRAVEL (LIT. INIT. XV) 214823 5/15/2007 237.59 JONES EXPERT SERVICES (LIT. INIT. XV) 214824 5/15/2007 1,050.62 KUEHNER TRAVEL (LIT. INIT. XV) 214825 5/15/2007 90.21 LANG TRAVEL (AMERICORPS/LSTA Y-4) 214826 5/15/2007 69.37 LAWRENCF. TRAVEL (AME.RICORPS/LSTA Y-4) 214827 5/15/2007 214.58 LEE TRAVEL. (AMERICORPS/LSTA Y-4) 214828 5/15/2007 '68.23 I.ITERACYWORKS SPATE LIBRARY CONTRACT 214829 5/15/2007 45,000.00 LIJCAS EXPERT SERVICES (PRIME TIME Y-3) 214830 5/15/2007 375.00 MATNEY TRAVEL (AMERICORPS/LSTA Y-4) 214831 5/15/2007 57.85 MIRO TRAVEL (LIT. INIT. XV) 214832 5/15/2007 25.22 MUNOZ TRAVEL (LIT. 1NIT. XV) 214833 5/15/2007 20.37 O'HARA TRAVEL (LIT. INIT. XV) 214834 5/15/2007 3,806.50 ORENOS EXPERT SERVICES (PRIME TIME Y-3) 214835 5/15/2007 750.00 ORIENTAL TRADING, CO. GIVEAWAY ITEMS CIIILDRENS GAMES 214836 5/15/2007 1,225.84 ORJTLGA TRAVI?L(AMERICORPS/LSTA Y-4) 214837 5/15/2007 101.91 PAIN .ISSEN TRAVEI.(AMERICORPS/ISTAY-4) 214838 5/15/2007 366.25 PEARSON TRAVEL (AMERCCORPS/LSTA Y-4) 214839 5/15/2007 199.57 QUINTAL TRAVEL(AMERICORPS/LSTA Y-4) 214840 5/15/2007 95.01 SIIAl)E TRAVEL (AMERICORPS/LSTA Y-4) 214841 5/15/2007 6.68 SINAVSKY TRAVEL. (AMERICORPS/LSTA Y-4) 214842 5/15/2007 116.14 6 •SKLAR' TRAVEL (AMERICORPS/LSTA Y-4) 214843 5/15/2007 144.18 CART & FINAL MATERIALS & SUPPLIES (WOW) 214844 5/15/2007 129.71 RINT VIDEO CONFERENC/LONG DISTANCE 214845 5/15/2007 169.20 STONE EXPERT SERVICES (LIT. SVCS. Y-4) 214846 5/15/2007 175.00 SUITER COUNTY LIBRARY EXPERT SVCS AMERICORPS 214847 5/15/2007 488.00 TAYLOR WILLING] TAM EXPERT SERVICES (LIT. INIT. XV) 214848 5/15/2007 750.00 TELESMAR'I' N1 I'WORKS STATE LIBRARY FUND 800 NUMBER 214849 5/15/2007 43.60 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES, 214850 5/15/2007 400.00 VEI'TII TRAVEL (AMERICORPS/LSTA Y-4) 214851 5/15/2007 122.82 WAS, IINGTON TRAVEL (AMER1CORPS/LSI'A Y-4) 214852 5/15/2007 68.00 WILDMAN TRAVEL (AMERICORPS/I,STA Y-4) 214853 5/15/2007 49.40 WILLIAMS TRAVEL (AMERICORPS/LSTA Y-4) 214854 5/15/2007 146.92 WOODS WEI3 SUPPORT CONTRACT 214855 5/15/2007 3,500.00 XEROX CORPORATION BASE CHARGES AND OVERAGES FOR 8 XERO 214856 5/15/2007 37.11 NG TRAVEL (AMERICORPS/LSTA Y-4) 214857 5/15/2007 99.00 Workers compensation checks Total $557,489.64 13113 5/9/2007 101.26 13114 5/9/2007 68.62 13115 5/9/2007 495.00 13116 5/9/2007 325.60 13117 5/9/2007 131.00 13118 5/9/2007 563.28 13119 5/9/2007 116.85 13120 5/9/2007 132.00 13121 5/9/2007 22.00 13122 5/9/2007 436.82 13123 5/9/2007 242.52 13124 5/9/2007 143.47 7 13125 5/9/2007 89.57 ' • 13126 5/9/2007 69.18 13127 5/9/2007 163.93' 13128 5/9/2007 400.00 13129 5/9/2007 652.36 13130 5/9/2007 400.00 13131 5/9/2007 400.00 13132 5/9/2007 460.00 13133 5/9/2007 32.30 13134 5/9/2007 22.04 Total $5,467.80 Grand Total 562,957.44 LIBRARY WARRANTS CHECKS 214764 - 214857 CKS 94 TOTAL $131,312.09 8 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. 14 ITEM TITLE A Resolution accepting a grant in the amount of $20,000 from the County of San Diego through Supervisor Greg Cox's office to use for the preliminary engineering of the Bayshore Bikeway Improvements from Civic Center Drive to West 32"d Street along Tidelands Avenue. (Local matching funds of $17,000 are available through Gas Tax Funds) PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION Please see attached. Environmental Review X WA MIS Approval Financial Statement Approved By: Funding is available through the Gas Tax Funds ($17,000). Fire Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION REC M EDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Copy of Board Letter dated May 15, 2007 greg A-200 (Rev. 7/03) EXPLANATION: On May 15, 2007, the County of San Diego, through Supervisor Greg Cox's office, approved a grant from the Community Projects Budget in the amount of $20,000 to use for the Bayshore Bikeway preliminary engineering phase. The City will match this funding in the amount of $17,000 from the Gas Tax Funds. The length of the bikeway is approximately 6,200 linear feet which is located on Tidelands Avenue from Civic Center Drive to West 32'd Street. The Bayshore Bikeway is a 24-mile bicycle facility around the San Diego Bay. Currently approximately 13 miles of dedicated bicycle paths are in use. The most recent improvement along the bikeway was the construction of the bridge over the Sweetwater River connecting the cities of Chula Vista and National City on West 32nd Street. This project will contribute to extend the Bayshore Bikeway in our city towards the San Diego connection to the north. The Engineering Department will inform the City Council after the completion of preliminary engineering prior to apply for a $120,000 grant from TransNet funds care of SANDAG for the construction phase of these bikeways. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A GRANT IN THE AMOUNT OF $20,000 FROM THE COUNTY OF SAN DIEGO THROUGH THE OFFICE OF SUPERVISOR GREG COX TO USE FOR THE PRELIMINARY ENGINEERING OF THE BAYSHORE BIKEWAY IMPROVEMENTS FROM CIVIC CENTER DRIVE TO WEST 32ND STREET ALONG TIDELANDS AVENUE WHEREAS, on May 15, 2007, the County of San Diego, through the Office of Supervisor Greg Cox, approved a grant from the Community Projects Budget in the amount of $20,000 for the preliminary engineering phase of the Bayshore Bikeway; and WHEREAS, the Bayshore Bikeway is a 24-mile bicycle facility around the San Diego Bay. The improvements from Civic Center Drive to West 32nd Street along Tidelands Avenue will contribute to extend the Bikeway in our city towards the San Diego connection to the north. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts a grant in the amount of $20,000 from the County of San Diego to use for the preliminary engineering of the Bayshore Bikeway Improvements from Civic Center Drive to West 32nd Street, along Tidelands Avenue. ATTEST: PASSED and ADOPTED this 19th day of June, 2007. Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Ron Morrison, Mayor DATE: May 15, 2007 TO: Board of Supervisors SUBJECT: Local Community. Projects (District 1) SIJMMARY: Overview The County of San Diego is fortunate to have an opportunity to reinvest taxpayer money into our communities for the benefit of the public. This action will assist the County in meeting the needs of individuals and families. RECOMMENJ)ATIONS SUPERVISOR (;REC: ('()X: 1. Allocate $ 30,000 from Community Projects budget (Org 15650) to the Department of Parks and Recreation (Org 52811) for costs associated with amending a water supply permit to include the Sweetwater Loop 'Grail as an allowable use within the vicinity of the Sweetwater Reservoir. 2. Authorize the Chief Administrative Officer, or a designee, to negotiate, execute, and manage an agreement with the Sweetwater Authority to amend the water supply permit issued by the California Department ofltealth Services to include the Sweetwater loop Trail as an allowable use within the vicinity of the Sweetwater Reservoir, and include approval of any amendments to the zigreement that do not significantly increase the County's cost. 3. Allocate $20,000 from Community Projects budget (()rg 15650) to the City of National City for design, engineering and environmental work to complete segment 5 of the Bayshore Bikeway. 4. Find that the grant awards descrihed above have a public purpose. SUBJECT: LOCAL COMM'INITY PROJECTS (DISTRICT 1) 5. Authorize the Chief financial Officer to execute grant agreements with the organizations listed in recommendations 1 through 3, establishing terms for the receipt of the funds described above. Fiscal Impact: The fiscal impact of the proposed recommendations is $50,000. These actions will result in the addition of no staff years and no future costs. BACKGROUND: Sweetwater Loop 'frail The requested action will transfer $30,000 to the Department of Parks and Recreation and authorize staff to enter into an agreement with the Sweetwater Authority in an amount not to exceed $30,000 for reimbursement ofexpenses incurred by the Authority to amend the Water Supply Permit issued by the California Department of Health Services (CDIIS). On December 7, 2006 the County submitted an Environmental Technical Report to the CDHS for segment 8 of the proposed Sweetwater Reservoir Loop Trail and on December 14, 2006, the ('D1IS informed the County that review of the technical report would not take place until the Sweetwater Authority submitted an application to them to amend their existing Water Supply Permit. The amendment is needed in order to include the "Loop Trail" as an allowable use within the vicinity of the Sweetwater Reservoir. The Sweetwater Authority is willing to submit the amendment but requests reimbursement of related expenses, which are estimated at no more than $30,000. This Sweetwater Loop Trail will link the existing trails in Bonita to those in Spring Valley, offering regional access to scenic open space and increased recreational opportunities. Baysluore Bikeway The Bayshore Bikeway is a 24-mile bicycle facility around San Diego Bay. Currently. approximately 13 miles of dedicated bicycle paths are in use on the Bikeway. The rest of the facility consists of on -street sections designated as either bicycle lanes or bicycle routes. Future planning and development for the bikeway is being coordinated by the San Diego Association of Governments (SANDAG). The most recent improvement to the bikeway is the construction of a new bicycle and pedestrian bridge at the Sweetwater River. The bridge and its connecting bike path were constructed by Caltrans at a cost of $5.2 million. Currently, the City of San Diego is developing a new section of bike path between Imperial Beach and Chula Vista that will replace the current routing along Palrn Avenue in South Bay. Construction should begin in September 2007. Grant finding will be used to fund preliminary engineering for a 6,200-foot mile segment of the Bayshore Bikeway in National City, from Civic Center Drive to 32nd Street. Construction of the Bayshore Bikeway will remove auto commuter trips from the transportation network at the peak usage times and provide an incentive for bicycle trips that generate less greenhouse gases. Ry reinvesting taxpayer money into local communities, these projects will improve our citizens' quality of life. SUBJECT: LOCAL COMMUNITY PROJECTS (DISTRICT 1) Respectfully submitted. GREG COX Vice Chairman COUNTY COUNSEL APPROVAL: Dorm and Legality 1 ] Yes[ ] NIA [ ] Standard Form [ 'Ordinance [ ] Resolution CHIEF FINANCIAL OFFICER/AUDITOR REVIEW: [ ] N/A [ ] Yes 4 VOTES: [ ] Yes[ I No CONTRACT REVIEW PANEL: I Approved ( I N/A CONTRACT NUMBER(S): PREVIOUS RELEVANT BOARD ACTION: BOARD POLICIES APPLICABLE: BOARD POLICY STATEMENTS: CITIZEN COMMI I'TI'E STATEMENT: CONCLJRRENCE(S): ORIGINATING DEPARTMENT: First Supervisorial District CONTACT PERSON: Luis Monteagudo Jr. (619) 531-551 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE .Tune 19, 2007 AGENDA ITEM NO. 15 EM TITLE \ ACKNOWLEDGING RECEIPT OF THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT AND ACKNOWLEDGING RECEIPT OF THE COMMUNITY DEVELOPMENT COMMISSION'S REPORT TO THE CITY COUNCIL ON THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PREPARED BY fc), Patricia Beard, Redevelopment Manager (ext 4255) Community Development Commission DEPARTMENT EXPLANATION The Community Development Commission ("CDC") is proposing an amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007 Amendment") to: extend the CDC's authority to acquire property through eminent domain for certain commercial and industrial zoned properties until 2019, to modify the redevelopment plan text as it pertains to redevelopment actions and permitted land uses, revise the Public Facilities and Infrastructure Improvement Projects exhibit, and change the current exclusion of eminent domain on single-family homes to include all residential land uses. In accordance with the California Community Redevelopment Law ("CRL"), the CDC has prepared the 2007 Amendment and the report required by CRL Section 33352, and transmitted them to the City Council of the City of National City ("City Council"). Staff requests that the City Council acknowledge receipt of the 2007 Amendment and the CDC's Report to City Council ("Report") in the form attached hereto as Attachment 2 and Attachment 3 respectively. // / Environmental Review A Negative Declaration was prepared in accordance with the provisions of the California Environmental Quality Act and is provided as Attachment 2 to the Report. Financial Statement There are no fiscal impacts associated with the recommendation. J STAFF RECOMMENDATION Account No. Staff recommends that the City Council adopt Resolution No. 2007 acknowledging receipt of the 2007 Amendment and the Report. rATTACHMENTS 1. Background Report Resolution No. L A-200 (9/80) Background Report The Community Development Commission ("CDC") is processing an amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007 Amendment"). As proposed, the 2007 Amendment would modify the following provisions of the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"): • Extend the existing authority to acquire property, as a last resort, through eminent domain for vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area ("Project Area"). The current exemption for single family residences would remain and be expanded so that all residential uses, whether single-family or multi -family, are specifically excluded from the use of eminent domain. The time period to use eminent domain would be extended to 2019. The CDC currently has the authority to acquire property through eminent domain in the following areas: ✓ Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. ✓ Properties located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. ✓ Properties located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. ✓ Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. ✓ Properties located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. ✓ Properties west of Interstate 5, excepting the San Diego Unified Port District property. ✓ Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. • Adds a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without of the Project Area pursuant to California Community Redevelopment Law ("CRL") Section 33445. • Modifies Section VII (c) of the Redevelopment Plan to allow used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. • Revises Exhibit C of the Redevelopment Plan — "Public Facilities/Infrastructure Improvement Projects" to clarify the objectives for the listed projects, eliminates the street names identified under the Street Improvements project and adds a project entitled Public Safety and Security which provides physical and technological enhancements to enhance public safety and protection. Examples of such improvements may include but are not limited to fencing of properties, the rehabilitation or construction of police storefronts, physical and technological improvements at Police Station(s) and Fire Stations within the Project Area. • The 2007 Amendment will change the current exclusion of eminent domain on single-family homes (Exhibit D of the Redevelopment Plan) to include all residential land uses. No other changes to the Redevelopment Plan are proposed by the 2007 Amendment. In accordance with the CRL, CDC staff and consultants have prepared the 2007 Amendment and transmitted it to the City Council. Pursuant to CRL Section 33352, the 2007 Amendment transmitted by the CDC to the City Council must be accompanied by a report, which contains all of the information set forth in CRL Section 33352, to the extent warranted by the proposed amendment pursuant to CRL Section 33457.1. In accordance with the CRL, the CDC has prepared, approved, and transmitted the Report to City Council ("Report") to the City Council in its form attached hereto as Attachment 3. The Report details the rational for the 2007 Amendment, identifies the physical and economic blighting conditions that continue to exist in the Project Area and serves as the factual basis for the 2007 Amendment . By adopting the attached resolution the City Council is acknowledging receipt of the 2007 Amendment and the Report. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACKNOWLEDGING RECEIPT FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY OF THE DRAFT 2007 AMENDMENT AND THEIR REPORT TO THE CITY COUNCIL REGARDING THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of National City ("City Council") and the Community Development Commission of the City of National City ("CDC") did duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project ("Plan"); and WHEREAS, on June 5, 1995, the Planning Commission of the City of National City adopted Resolution No. 7-95, finding that the National City Redevelopment Plan conformed to the National City General Plan; and WHEREAS, pursuant to the California Community Redevelopment Law ("CRL") (Health & Safety Code Section 33000, et seq.), the CDC has formulated an amendment to the Plan ("2007 Amendment") in the form herewith as Attachment "A"; and WHEREAS, at its meeting on April 17, 2007, the CDC authorized by Resolution No. 2007- 80, the circulation of the 2007 Amendment for public review and comment; and WHEREAS, pursuant to the CRL Section 33352, the 2007 Amendment submitted by the CDC to the City Council must be accompanied by a report, which contains all of the information set forth in CRL Section 33352, to the extent warranted by the proposed amendment pursuant to CRL Section 33457.1; and WHEREAS, on June 19, 2007, the CDC authorized transmittal of its report to the City Council, as required by CRL Section 33352. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby acknowledges receipt of the 2007 Amendment, and receipt of the Community Development Commission's Report to City Council on the proposed 2007 Amendment of the National City Redevelopment Plan for the National City Redevelopment Project, in the form attached herewith as Attachment "B". PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT Prepared: May 8, 1995 Adopted: July 18, 1995 Amended: December 1, 1981 May 22, 1984 April 16, 1985 Jiine 18, 1991 July 18, 1995 June 19, 2001 July _, 2007 Prepared for. Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, California 91950-3312 619-336-4250 Prepared hy: Rosenow Spcvacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, California 92705 714/541-4585 619/967-6462 ATTACHMENT "A" c.sdocvucws aril tertiugsWdavi local sarmgsVearynaary mirtavr fiksoIk Ge�dyl.udnc Adopted 7/18/95 SECTION I. (100) INTRODUCTION 1 A. (101) General 1 SECTION I1. (200) BACKGROUND 2 SECTION III. (300) GENERAL DEFINITIONS 2 SECTION IV. (400) PROJECT AREA BOUNDARIES 4 SECTION V. (500) REDEVELOPMENT PLAN GOALS 4 SECTION VI. (600) REDEVELOPMENT ACTIONS 5 A. (601) General 5 B. (602) Property Acquisition 7 C. (605) Participation by Owners and Persons Engaged in Business 8 D. (609) Implementing Rules 9 E. (610) Cooperation with Public Bodies 10 F. (611) Property Management I0 G. (612) Payments to Taxing Agencies 10 H. (61.3) Relocation of Persons Displaced by a Project 11 I. (616) Demolition, Clearance, Public Improvements, Site Preparation and Removal 11 J. (621) Rehabilitation, Moving of Structures by the CDC and Seismic Repairs 13 K. (625) Property Disposition and Development 14 L. (630) Provision for Low and Moderate Income Ilousing 16 SECTION VII. (700) USES PERMITTED IN TILE PROJECT AREA 20 A. (701) Map and Uses Permitted 20 B. (702) Major Land Use Designations (as now provided in the General Plan) 20 C. (703) Transportation Center 21 D. (704) Public Uses 22 E. (707) Conforming Properties 22 F. (708) Nonconforming Uses 23 G. (709) Interim Uses 93 H. (710) General Controls and Limitations 23 I. (720) Design for Development 25 J. (721) Building Permits 26 SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT 26 A. (801) General Description of the Proposed Financing Methods 26 B. (802) Tax Increment Revenue 27 C. (803) CI)C Bonds 33 1). (804) Other Loans and Grants 34 c A4lucwtents and scnmpsVkhrvit\local settigsAenporny tnunet IdesblkOc\dplxn.doc Adopted 7/18/95 E. (805) Rehabilitation Loans, Grants, and Rebates 34 SECTION IL (900) ACTIONS BY THE CITY 34 SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT 35 SECTION XL (1100) DURATION OF TIIIS PLAN 35 SECTION XII. (1200) PROCEDURE FOR AMENDMENT 36 EXHIBIT A 37 EXHIBIT B 38 EXHIBIT C 39 EXHIBIT D 40 cAi4uitrments WWI scningslMi mic\local setiwg,nenpnrary Interact WeslclReWplaadein Adapted 7/18/95 REDEVELOPMENT PLAN FOR TIIE NATIONAL CITY REDEVELOPMENT PROJECT SECTION I. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the National City Redevelopment Project as amended ("Plan"), located in the City of National City, County of San Diego, State of California. It consists of the text (Sections 100 through 1100), the Project Area Map of Redevelopment Project Area No. 1 ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and infrastructure improvement projects (Exhibit C), and a map of the properties potentially subject to acquisition by eminent domain (Exhibit D). This Plan has been prepared by the Community Development Commission (the "CDC") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.), the California Constitution and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area; instead, it establishes a process and framework for implementation. This Plan is based upon the Preliminary Plan formulated and adopted by the National City Planning Commission and the CDC on March 7, 1994 and March 15, 1994, respectively. This Plan supersedes, by amendment and restatement, the Redevelopment Plan for the National City Downtown Redevelopment Project adopted by Ordinance No. 1762 on December 1, 1981, as amended by Ordinance No. 1821 adopted on May 22, 1984, Ordinance No. 1851 adopted on April 16, 1985, a d-Ordinance No. 91-2013 adopted on June 18, 1991, Ordinance No. 95-2095 adopted on July 18, 1995, and Ordinance No. 2187 adopted on June 19, 2001. This Plan was amended again by Ordinance No. adopted on July , 2007. This Plan will amend the preexisting Redevelopment Plan as follows: • extend the CDC's existing eminent domain athetrry-authority by 12 years in those areas currently subject to eminent domain; • add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445; • modify Section VII (c), thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. c docuuleuts ad settuyt,\AAavisWeal settings \ .114,1 y wteroel fOcs4,110e4.10.,ku 1 Adopted 7/18/95 SECTION II. (200) BACKGROUND The preexisting National City Downtown Redevelopment Project was comprised of seven separate project areas. Between 1969 and 1978, the City Council of the City of National City ("City Council") adopted four redevelopment projects: the E.J. Christman Business and Industrial Park Redevelopment Project by Ordinance No. 1233 on November 18, 1969, the South Bay Town and Country Redevelopment Project by Ordinance No. 1471 on June 24, 1975, the Center City Redevelopment Project by Ordinance No. 1505 on April 13, 1976, and the E.J. Christman Business and Industrial Park Redevelopment Project Amendment No. 2 by Ordinance No. 1610 on December 13, 1977. On December 1, 1981, the City Council adopted the National City Downtown Redevelopment Project by Ordinance No. 1762, merging the four preexisting redevelopment projects and incorporating additional properties to establish a 2,080-acre merged project arca. The merged National City Downtown Redevelopment Project has been amended three times since its adoption: Amendment No. 1 adopted on May 22, 1984 by Ordinance No. 1821, Amendment No. 2 adopted on April 16, 1985 by Ordinance No. 1851, and Amendment No. 3 adopted on June 18, 1991 by Ordinance No. 91-2013, Amendment No. 4 adopted on July 18, 1995 by Ordinance No. 95-2095, and Amendment No. 5 adopted on June 19, 2001 by Ordinance No. 2187. Of these amendments, only Amendment No. 2 increased the size of the project area, adding approximately three acres, and enlarging the merged National City Downtown Redevelopment Project Area to approximately 2,083 acres. SECTION III. (300) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Plan unless otherwise specified herein: A. "Added Area" means the territories included in the Project Area by Ordinance No. 95-2095 adopted by the City Council on July 18, 1995, as depicted on Exhibit A and described in Exhibit B. B. "Annual Work Program" means that portion of the CDC's annual budget that sets forth programs and goals to be accomplished by the CDC during the fiscal year. C. "CDC" means the Community Development Commission of the City of National City, California. D. "Center City Area" means the territories originally included in the Center City Redevelopment Project Area by Ordinance No. 1505 adopted by the City Council on April 13, 1976, and subsequently merged into the Existing Area. E. "City" means the City of National City, California. F. "City Council" means the legislative body of the City. c:ldoctu ems and setting0.1dovis :enmEs'arnrnnry ultra -or, fiksblk6c441au.doc 2 Adopted 7/ 18/95 G. "County" means the County of San Diego, California. H. "Disposition and Development Agreement" means an agreement between a developer and the CDC that scts forth terms and conditions for improvement and redevelopment. I. "Downtown Original Area" means the territories originally added to the Existing Area by Ordinance No. 1762 adopted by the City Council on December 1, 1981. J. "Downtown 1985 Amendment Area" means the territories originally added to the Existing Area by Ordinance No. 1851 adopted by the City Council on April 16, 1985. K. "E.J. Christmanl Area" means the territories originally included in the E.J. Christman Business and Industrial Park Redevelopment Project Area by Ordinance No. 1233 adopted by the City Council on November 18, 1969, and subsequently merged into the Existing Area. L. "E.J. Christman2 Arca" means the territories originally included in the E.J. Christman Business and Industrial Park Redevelopment Project Area Amendment No. 2 by Ordinance No. 1610 adopted by the City Council on December 13, 1977, and subsequently merged into the Existing Area. M. "Existing Area" means the merged National City Redevelopment Project Area originally formulated by Ordinance No. 1762 adopted by the City Council on December 1, 1981, and subsequently amended by Ordinance No. 1821 on May 22, 1984, Ordinance No. 1851 on April 16, 1985, and Ordinance No. 91-2013 on June 18, 1991, as depicted on Exhibit A. N. "General Plan" means the City's General Plan, a comprehensive and long-term General Plan for the physical development of the City as provided for in Section 65300 of the California Government Code. O. "Map" means the Map of the Project Area attached hereto as Exhibit A. P. "Method of Relocation" means the methods or plans adopted by the CDC pursuant to Sections 33352(t) and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to be temporarily or permanently displaced by actions of the CDC. Q. "2007 Ordinance" means City Council Ordinance No. adopted on July , 2007 amending this Plan. c'4loesurrNs and sclrnrpsNdnvkW+ral Frtmgs4erryvrrury imemet files1olk6e41.1pLan.doc 3 Adopted 7/18/95 1' QR. "Owner Participation Agreement" means an agreement between the CDC and a property owner or tenant which sets forth terms and conditions for improvement and redevelopment. RS. "Person" means an individual(s), or any public or private entities. ST. "Plan" means the redevelopment plan for the Project as amended. TU. "Project" means the National City Redevelopment Project. 1:3V. "Project Area" means the National City Redevelopment Project Area, inclusive of the Existing Area and Added Area, which is the territory this Plan applies to, as shown on Exhibit A. 3.LW. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et seq.) as it now exists or may be hereafter amended. WX. "South Bay Town and Country Area" means the territories originally included in the South Bay "Town and Country Redevelopment Project Area by Ordinance No. 1471 adopted by the City Council on June 24, 1975, and subsequently merged into the Existing Area. XY. "State" means the State of California. SECTION IV. (400) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Area is as described in Exhibit B attached hereto and incorporated herein. SECTION V. (500) REDEVELOPMENT PLAN GOALS Implementation of this Plan is intended to achieve the following goals: • Eliminate and prevent the spread of conditions of blight including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, and other economic deficiencies in order to create a more favorable environment for commercial, office, industrial, residential, and recreational development. • Unify City's Harbor District with the downtown area through enhanced employment, commercial, and maritime development opportunities. • Expand the commercial base of the Project Area. c:NvA.wtruls and setive s441nvisUxal lettings\tngnn ae y lam ul (JnY,lk&Ardplan.dnc 4 Adopted 7/18/95 • Improve public facilities and public infrastructure. • Improve inadequate drainage infrastructure. • Improve and/or provide electric, gas, telephone, and wastewater infrastructure to both developed and undeveloped properties within the Project Area. • Promote local job opportunities. • Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the redevelopment/revitalization of the Project Area. • Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. • Address parcels of property that are: of irregular form and shape, are inadequately sized for proper usefulness and development, and/or are held in multiple ownership. • Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. • Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. • Promote the rehabilitation of existing housing stock. • Increase, improve, and preserve the community's supply of housing --affordable housing for very low, low and moderate income households. SECTION VI. (600) REDEVELOPMENT ACTIONS A. (601) General The CIX' proposes to eliminate and prevent the recurrence of blight, and improve the economic base of the Project Area by: 1. Acquiring, installing, developing, constructing, reconstructing, redesigning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities. 2. Rehabilitating, altering, remodeling, improving, modernizing, or reconstructing buildings, structures and improvements. c.lbcwnenrs and ...cgs\Mavis\M.a1 am mgs\n.narxary mrerod (drOork6r4dplan due 5 Adapted 7/18/95 3. Rehabilitating, preserving, developing or constructing affordable housing in compliance with State law. 4. Providing the opportunity for owners and tenants presently located in the Project Area to participate in redevelopment projects and programs, and extending preferences to occupants to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants, if necessary. 6. Facilitating the development or redevelopment of land for purposes and uses consistent with this Plan. 7. Acquiring real property by purchase, lease, gift, grant, request, devise or any other lawful means (including eminent domain on a limited basis), after the conduct of appropriate hearings. 8. Combining parcels and properties where and when necessary. 9. Preparing building sites and constructing necessary off -site improvements. 10. Providing for open space. 11. Managing property owned or acquired by the CDC. 12. Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the City. 13. The disposition of property including, without limitation, the lease or sale of land at a value determined by the CDC for reuse in accordance with this Plan. 14. Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan. 15. Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan. 16. Providing replacement housing, if any is required. c:Lluctnnemc and senitpaVdvii scttugyucmpotaq iwaact fdesWlk6r4dpbn.tku 6 Adopted 7/ I K/95 17. Applying for and utilizing grants, loans and any other assistance from federal or State governments, or other sources. 18. Taking actions the CDC determines are necessary and consistent with State, federal and local laws to make structural repairs to buildings and structures, including historical buildings, to meet building code standards related to seismic safety. 19. Taking actions the CDC determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. 20. Pursuant to Health and Safety Code Section 33445, pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area provided: (1) the buildings, facilitiess structures, or other improvements are of benefit to the Project Area; (2) no other reasonable means of financing the buildings, facilities, structures, or other improvements are available to the City; and (3) the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of blight within the Project Area. To accomplish these actions and to implement this Plan, the CDC is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. B. (602) Property Acquisition 1. (603) Acquisition of Real Property Without limitation, the CDC may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, or devise. In addition, the CDC may also employ eminent domain in projects involving land acquisition of any real property identified in Exhibit D incorporated herein. '1'o the extent required by law, the CDC shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires sUuctural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; c.\ ucLunc ds ad acttugAddaautkxal settules'cu;utwy mtn,ct Idcak,Ik6e\zdplandoc 7 Adopted 7/18/95 1G •+•+0arrnwra•w. or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced within the Center City Area, the Downtown Original Arca, the Downtown 1985 Amendment Area, and the Added Area after twelve (12) years following the date of adoption of the 2007 Ordinance amending or -di -name adopting this Plan. Such time limitation may be extended only by amendment of this Plan. The CDC shall not employ eminent domain in acquiring property within the E.J. Christmanl Area, the E.J. Christman2 Area, or the South Bay Town and County Area or in acquiring any residential property in the Project Area. 2. (604) Acquisition of Personal Property Where necessary in the implementation of this Plan, the CDC is authorized to acquire personal property in the Project Arca by any lawful means. C. (605) Participation by Owners and Persons Engaged in Business 1. (606) Owner Participation This Plan provides for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Arca may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the CDC; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the CDC's rules governing owner participation and re-entry. In addition to opportunities for participation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. The CDC desires participation in redevelopment activities by as many owners and business tenants as possible. However, participation opportunities shall c:Nocurn 11 t settngSVAavis\b.! seltuytsVeurolslY mlrin t Vl l V.Iptm.<Inc 8 Adopted 7/18/95 necessarily be subject to and limited by such minimum factors as the expansion of public or public utilities facilities; elimination and changing of land uses; realignment of streets; the ability of the CDC and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives of this Plan. 2. (607) Reentry Preferences for Persons Engaged in Business in the Project Area The CDC shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the CDC's rules governing owner participation and re-entry. 3. (608) Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as arc necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement, the CDC may declare the Agreement terminated and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the CDC is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the CDC determines that a proposal for participation is not feasible, is not in the best interests of the CDC or City, or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the CDC shall not be required to execute such an agreement. D. (609) Implementing Rules The provisions of Sections 605-608 of this Plan shall be implemented according to the rules adopted by the CDC prior to the approval of the ordinance amending this Plan, which may be amended from time to time by the CDC. Such rules allow for Owner Participation Agreements with the CDC. c:Wxtmenta aad xttwys dSa+uWxd xttintsttelroxary imcmei fik,V011‘6.tselpian Aor 9 Adi ptcd 7i 15/95 E. (610) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The CDC shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. Property of a public body shall not be acquired without its consent. The CDC shall seek the cooperation of all puhlic bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Arca will be afforded all the privileges of owner and business tenant participation if such public body is willing to enter into an Owner Participation Agreement with the CDC. All plans for development of property in the Project Area by a public body shall be subject to CDC approval. The CDC may impose on all puhlic bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The CDC is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. F. (611) Property Management During such time as property, if any, in the Project Area is owned by the CDC, such property shall be under the management and control of the CDC. Such properties may be rented or leased by the CDC pending their disposition. G. (612) Payments to Taxing Agencies The CDC may pay, but is not required to pay, in any year during which it owns property in the Project Area directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes. The CDC' may also pay to any taxing agency with territory located within the Project Area, other than the City, any amounts of money which the CDC has found are necessary and appropriate to alleviate financial burden or detriment caused by the Project pursuant to an agreement executed prior to January 1, 1994. The payments to a taxing agency pursuant to such an agreement in any single year shall not exceed the amount of property tax revenues which would have been received by that taxing agency if all the property tax revenues from the Project Area had been allocated to all the affected taxing agencies c:Wucuncuts and senmps'sLiavis\kxal xttutpsuen potvv anctuet 11k*Yoh6erdpladac 10 Adopted 7/1 R/95 without regard to the division of taxes required by Section 33670 of the Redevelopment Law, except that a greater payment has been established by agreement between the CDC and one or more taxing agencies, except a school district, if the other taxing agencies agreed to defer payments for one or more years in order to accomplish the purposes of the Project at an earlier time than would otherwise be the case. The amount of any greater payments shall not exceed the amount of payment deferred. The payments shall have been approved by a resolution, adopted by the CDC, contained findings, supported by substantial evidence, that the Project will cause or has caused a financial burden or detriment to the taxing agency and that the payments are necessary to alleviate the financial burden or detriment. In the event that such an agreement described in the above paragraph does not exist between the CDC and an affected taxing agency, the CDC shall remit payments to any such taxing agency in a manner consistent with Section 33607.7 of the Redevelopment Law. H. (613) Relocation of Persons Displaced by a Project 1. (614) Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Method of Relocation adopted by the CDC, the CDC shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by CDC acquisition of property in the Project Area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. In order to carry out a redevelopment project with a minimum of hardship, the CDC will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The CDC shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The CDC is also authorized to provide relocation for displaced persons outside the Project Area. 2. (615) Relocation Benefits and Assistance The CDC shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. 1. (616) Demolition, Clearance, Public Improvements, Site Preparation and Removal of hazardous Waste 0.1( :wanes ud seeing Arldavi+\local v ningsurnvnrory v terwt files,o&Re4dpkin.J, 1 I Adopted 7/I8/95 1. (617) Demolition and Clearance The CDC is authorized, for property acquired by the CDC or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. 2. (618) Public improvements To the extent permitted by law, the CDC is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public improvements include, but arc not limited to: over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems' natural gas distribution systems; cable TV and fiber optic communication systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic; cultural; and recreational facilities; and pedestrian improvements. A list of proposed public facilities and infrastructure improvement projects is set forth in Exhibit C and incorporated herein by reference. The CDC, as it deems necessary to carry out the Plan and subject to the consent of the City Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or outside the Project Area, upon both the CDC Board and the City Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the CDC may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the CDC under such contract shall constitute an indebtedness of the CDC for the purposes of carrying out this Plan. 3. (619) Preparation of Building Sites The CDC may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out in the Project Area this Plan. c'dncumrnts mut mtinyslddatisUncal sett'vtys\smtgwxary mternet fdesb&Re rdpian.dnc 12 Adopted 7/18/95 4. (620) Removal of Hazardous Waste To the extent legally allowable, the CDC may take any actions which the CDC determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. J. (621) Rehabilitation, Moving of Structures by the CDC and Seismic Repairs 1. (622) Rehabilitation and Conservation The CDC is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure in the Project Area owned by the CDC. The CDC is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the CDC to the extent permitted by the Redevelopment Law as it exists now or may be hereafter amended. The CDC is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. It shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The CDC is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the CDC based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the CDC. cA4bcnwots and settu¢fWAavislocal uttings\temporary intnwt fJcs,n0c6c dplan 1 .3 Adopted 7/18/95 e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The CDC may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. 2. (623) Moving of Structures As necessary in carrying out this Plan, the CDC is authorized to move, or to cause to be moved, any building structures or other improvements from any real property acquired which can be rehabilitated to a location within or outside the Project Area. 3. (624) Seismic Repairs For any project undertaken by the CDC within the Project Area for building rehabilitation or alteration in construction, the CDC may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the CDC determines are necessary to provide for seismic retrofits. K. (625) Property Disposition and Development 1. (626) Real Property Disposition and Development a. (627) General For the purposes of this Plan, the CDC is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the CDC is authorized to dispose of real property by negotiated lease or sale without public bidding. Except as otherwise permitted by law, before any interest in property of the CDC acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council after public hearing. Except as otherwise permitted by law, no real or personal property owned by the CDC, or any interest therein, shall be sold or leased to a private person or private entity for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. c.Nducu euis ad settingsYMaviAlo,al settiugAettquray mrcnrt fiksblk4eYdpiatxduc 14 Adopted 7/1R/95 11 The real property acquired by the CDC in the Project Area, except property conveyed to it by the City, shall be sold or leased to public or private persons or entities for improvement and use of the property in conformance with this Plan. Real property may be conveyed by the CDC to the City, and where beneficial to the Project Area, to any other public body without charge or for an amount less than fair market value. All purchasers or lessees of property from the CDC shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time which the CDC fixes as reasonable, and to comply with other conditions which the CDC deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the CDC shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, arc being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. h. (628) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the CDC, as well as all property subject to Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the CDC, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the CDC may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The CDC shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may he necessary to <.4bcurtrcW s AM sr nings4Wvis\local seuvgs4cminowy mt<mr1 fi40,66tArdptm Ju< 15 Adopted 7/ l8/95 prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The CDC shall obligate lessees and purchasers of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non -segregation clauses as arc required by law. 2. (629) Personal Property Disposition For the purposes of this Plan, the CDC is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. L. (630) Provision for Low and Moderate Income Housing 1. (631) Definition of Terms The terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as defined by the Redevelopment Law and other State and local laws and regulations pertaining thereto. 2. (632) Authority Generally The CDC may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be permitted by the Redevelopment Law, in order to provide housing for persons and families of low or moderate income. 3. (633) Replacement Housing Except as otherwise permitted by law, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the CDC shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to he rehabilitated, developed or constructed, for rental or sale c:t.kr•, meuts iul betting,Wda•iaxal satingsUmprtary imerrct Messolk&kdpLmduc 16 Adopted 7/18/95 1g to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the CDC. Except as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable housing costs in the same income level of very low income households, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The CDC may replace destroyed or removed dwelling units housing persons and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by law as it now exists or may hereafter be amended. 4. (634) New or Rehabilitated Dwelling Units Developed Within the Project Arca Except as otherwise permitted by law, at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the CDC shall be available at affordable housing cost to persons and families of low or moderate income and of such thirty percent (30%), not less than fifty percent (50%) shall be availahle to and occupied by very low income households. At least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the CDC shall be availahle at affordable housing cost to persons and families of low or moderate income and of such fifteen percent (15%), not less than forty percent (40%) shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this Section 634 shall apply independently of the requirements of Section 633 of this Plan and in the aggregate to the supply of housing to be made available pursuant to this Section 634 and not to each individual case of rehabilitation, development or construction of dwelling units. Pursuant to Section 33413(b)(4) of the Redevelopment Law, the CDC shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. The plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. The plan shall ensure that the requirements of this section are met every ten (10) years. Except as otherwise permitted by law, the CDC shall require, by contract or other appropriate means, that whenever any low and moderate income housing units are developed within the Project Arca, such units shall be made available on a priority basis for rent or purchase, whichever the case may be, to persons and families of low or moderate income displaced by the Project; provided, however, that failure c.'dneturtatS aai aeuu gaUJa•uWcal acttiugi+at;vrar y utetrct lika4A60.10a1.duc 17 Adopted 7/18/95 to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. 5. (635) Duration of Dwelling Unit Availability The CDC shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 633 and 634 of this Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the CDC, but for not Tess than the period of the residential land use controls established in Section 1100 of this Plan. 6. (636) Relocation Ilousing If insufficient suitable housing units arc available in the City for use by persons and families of low and moderate income displaced by a Project, the CDC may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the City, both inside and outside the Project Area. 7. (637) Increased and Improved Supply Except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which are allocated to the CDC pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 602(2) and (3) of this Plan shall be used by the CDC for the purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. In implementing Section 637 of this Plan, the CDC may exercise any or all of its powers including, but not limited to, the following: 1. Acquire real property or building sites. 2. Improve real property or building sites with on -site or off -site improvements, but only if either (a) the improvements are made as part of a program which results in the new construction or c Adoculn nts and swings AtInvisLLxal seninysVngwnry imemes fJcaWlk6c\tdplan.63, 18 Adopted 7/18/95 rehabilitation of affordable housing units for low- or moderate - income persons that are directly benefited by the improvements, or (b) the CDC finds that the improvements arc necessary to eliminate a specific condition that jeopardizes the health or safety of existing low- or moderate -income residents. 3. Donate real property to private or public persons or entities. 4. Finance insurance premiums. 5. Construct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Health and Safety Code, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. 10. Maintain the community's supply of mobile homes. 11. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The CDC may use these funds to meet, in whole or in part, the replacement housing provisions in Section 633 of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the Project Area only if findings of benefit to the Project Area are made pursuant to the Redevelopment Law. 8. (638) Duration of Affordability c.Ykawu+uts and xttiles4ldat'itiUxal settingivrnrattvy intend tiles,11,60YdpNndoc 19 Adopted 7/18/95 Except as provided in Section 33334.3 of the Redevelopment Law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the CDC shall be required to remain available at affordable housing cost to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time: a. Fifteen years for rental units. However, the CDC may replace rental units with equally affordable and comparable rental units in another location within the City if (i) the replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (ii) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. b. Ten years for owner -occupied units. However, the CDC may permit sales of owner -occupied units prior to the expiration of the 10-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the CDC's investment of moneys from the Low and Moderate Income Housing Fund. SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA A. (701) Map and Uses Permitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights -of -way and public easements. The land uses permitted by this Plan shall be those permitted by the General Plan, City zoning ordinances and the local Coastal Plan as they now exist or may hereafter be amended. B. (702) Major Land Use Designations (as now provided in the General Plan) The following land use categories are presently permitted by the General Plan: RESIDENTIAL Single -Family Large Lot (RS-1) Single -Family Small Lot (RS-2) Single -Family Extendible (RS-3) Two Family (RT) Multifamily Extendible (RM-1) Multifamily Limited (RM-2) Senior Citizen Housing (RM-3) COMMERCIAL eVksctmien s and settalsNAavisV.x..l sntingsAlemloeary'vnenrt fik:.+K6eYdplanaloc 20 Adopted 7/18/95 v-3 General Commercial (CG) Medium Commercial (CM) Limited Commercial (CL) Tourist Commercial (CT) Automotive Commercial (CA) Heavy Commercial (CH) INDUSTRIAL Light Manufacturing (ML) Medium Manufacturing (MM) Heavy Manufacturing (MH) Tidelands Manufacturing (MT) INSTITUTIONAL Civic Institutional (IL) Private Institutional (IP) OPEN SPACE C. (703) Transportation Center This use district encompasses all of the Commercial Zones (CA, CM, and CH) along National City Boulevard, south of 18th Street to 33rd Street, and is designed primarily to furnish areas for new and used automobile and truck sales and services. 'l'he objective is toprovide for a complete sales and service unit for each dealership on cunt etas land within the Transportation Center district. In all agreements entered into by the CDC, independent used car sales, services, or repairs will not be permitted unless such activity is an integral part of a new vehicle dealership. Permitted uses in the transportation center use district include: • New automobile and truck sales, leasing, and rentals. • Used auto and truck sales when part of a new vehicle dealership and located on eentigueus land within the Transportation Center district. • Service and repair of trucks and automobiles when provided by new vehicle dealer on contiguous -adjacent property. • Sale of vehicle parts and accessories when provided by new vehicle dealership on contiguous -adjacent property. • Sale or rental of campers, camper trailers, vacation trailers, self-propelled mobile homes, boats, and other sporting and pleasure equipment which is substantial in size. This activity must be incidental to the principal activity of the automobile and/or truck dealership. c 4Lscvmvis asj aawgeWJavr.Urxal scttmgsVempornry imerm. files tu@6eVJplau.J..c 21 Adopted 7/ 18/95 2`� • Other related uses, with the review and recommendation of the Planning Commission, which are consistent with the objectives of this Plan. D. (704) Public Uses I. (705) Public Street Layout, Rights -of -Way and Easements The public street system for the Project Arca is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element of the General Plan. lnterstates 5 and 805 connect the Project Area to the greater metropolitan region. Primary streets in the Project Area include: Tidelands Avenue, Harrison Avenue, National City Boulevard, Highland Avenue, 8th Street, Civic Center Drive, and 24th Street. Certain streets and rights -of -way may be widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the CDC and City in the Project Area as needed for proper development and circulation. The public rights -of -way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in public rights -of -way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (706) Other Public and Open Space Uses Both within and, where appropriatc, outside of the Project Area, the CDC may take actions to establish, or enlarge public, institutional, or non-profit uses, including, but not limited to, schools, community centers, auditorium and civic center facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The CDC may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. E. (707) Conforming Properties The CDC may, in its sole and absolute discretion, determine that certain real properties within the Project Area meet the requirements of this Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without an Owner Participation Agreement with the CDC, provided such owners continue to operate, r.V1Dcurreniszmd Nvsiwa5ddavis}4AI seilits\town y Internet fir An11,6eVdpianAltx 22 Adopted 7/18/95 use, and maintain the real properties within the requirements of this Plan. An owner of a conforming property may be required by the CDC to enter into an Owner Participation Agreement with the CDC in the event that such owner desires to (1) as provided in the land use code, construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within the Project Area. F. (708) Nonconforming Uses The CDC is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The CDC may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for buildings which do not conform to the provisions of this Plan where, in the determination of the CDC, such improvements would be compatible with surrounding Project Area uses and proposed development. G. (709) Interim Uses Pending the ultimate development of land by developers and participants, the CDC is authorized to use or permit the use of any land in the Project Area for interim uses not in conformity with the uses permitted in this Plan. Such interim use, however, shall conform to all applicable City codes. H. (710) General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The land use controls of this Plan shall apply for the periods set forth in Section 1100 below. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter be amended from time to time. 1. (711) Ncw Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to applicable City codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the CDC to control and direct improvement activities in the Project Area. t'ALSocmieWa and uning,AAavihbcal seUuiga\lal(vr,ry inure, files Nolk6c4dyLitadvc 23 Adopted 7/18/95 2. (712) Rehabilitation Any existing structure within the Project Area which the CDC enters into an agreement for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (713) Number of Dwelling Units The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the Plan, there are 10,107 dwelling units, not including mobile home units, in the Project Area. 4. (714) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the General Plan and those areas in the public rights -of -way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. 5. (715) Limitations on Type, Size and Height of Buildings The limits on building intensity, type, size and height, shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. 6. (716) Signs All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the CDC for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. 7. (717) Utilities The CDC, in conformity with municipal code and City policy, shall require that all utilities be placed underground whenever physically possible and economically feasible on projects funded in whole or in part by the CDC or subject to a Disposition and Development Agreement or an Owner Participation Agreement. 8. (718) Subdivision of Parcels cAdotwrncc end settmps`ddava\kx.a1 beilineAterrotrary interact tiksb04eAdplaaMe 24 Adopted 7/18n95 No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re -subdivided without the approval of the City. 9. (719) Variations The CDC is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the CDC must determine all of the following: a. Any variation must to be considered must first be consistent with the Land Use Code, Title 18. b. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. c. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. d. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. e. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the CDC shall impose such conditions as arc necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. I. (720) Design for Development Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 701 and 710 herein, the CDC is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with this Plan and any such controls approved by the CDC. In the case of property which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the CDC, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive r'lancullCLls alx1 acttwaSYi1Pvr ir' ➢1 SCl1Yl`AICIl4U(Ln inin.xy filesWlk4cUdpW dx 25 Adopted 7! 1 tt/95 and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The CDC shall not approve any plans that do not comply with this Plan except as permitted by Section 719 of this Plan. J. (721) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the CDC, any restrictions or controls established by resolution of the CDC, and any applicable participation or other agreements. The CDC is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the CDC at the time of application. SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT A. (801) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the CDC is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, CDC bonds, donations, loans from private financial institutions or any other legally available source. The CDC is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the CDC. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in -kind assistance. Any assistance shall be subject to terms established by an agreement between the CDC, City and/or other public agency providing such assistance. As available, gas tax funds from the State and sales tax funds from the County may be used for the street system. The CDC may issue bonds or other obligations and expend their proceeds to carry out this Plan. The CDC is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation r4bcimrds aW s«tmpaknrynaiy wan. tilesvih&Adpindoc 26 Adopted 7/I8/95 activities. The CDC shall pay the principal and interest on bonds or other obligations of the CDC as they become due and payable. B. (802) Tax Increment Revenue All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City or other public corporation (hereinafter called "Taxing Agency" or "Taxing Agencies") after the effective date of the ordinance, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the Ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Arca on the effective date of the Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to, and when collected shall be paid into, a special fund of the CDC to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CDC to finance or refinance in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the Last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for c47ncanraas and xnlaµs ddaruk+cal wimps\engvrmy vela. nnik derdplan. dos 27 Adopted 7/ 18/95 the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. 4. This Plan applies to redevelopment projects adopted by the CDC from 1969 through 1985. As such, the last equalized assessment rolls used to calculate taxes to be allocated to the Agency pursuant to Section 802, paragraphs (1) and (2) herein, will be those in effect when the following ordinances creating these redevelopment project areas were adopted: • E.J. Christmanl Area adopted by Ordinance No. 1233 on November 18, 1969. • South Bay Town and Country Area adopted by Ordinance No. 1471 on June 24, 1975. • Center City Area adopted by Ordinance No. 1505 on April 13, 1976. • E.J. Christman2 Area adopted by Ordinance No. 1610 on December 13, 1977. • Downtown Original Area adopted by Ordinance No. 1762 on December 1, 1981. • Downtown 1985 Amendment Area adopted by Ordinance No. 1851 on April 16, 1985. The CDC is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the CDC pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CDC to finance or refinance, in whole or in part, the redevelopment program for the Project Area. The number of dollars of taxes which may be divided and allocated to the CDC pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed $300 million, adjusted annually in accordance with the San Diego County Consumer Price Index for all urban consumers (CPI-U) or a comparable inflationary index should the CPI-U cease to exist, except by amendment of this Plan. With respect to the E.J. Christmanl Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Ileath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after November 18, 2019. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent cMocumem<end :erring<NiMavis ocal rtuugAtcrryatzy u.temet liks28 Adopted 7!18/95 required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the South Bay Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333 6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after June 24, 2025. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 13, 2026. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the E.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay e:hhxmuuls and xttutysWJa•b cal eettml;attntxui uv unctuet tJesbtGeVdplan.doc 29 Adopted //IS/95 indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Ilealth and Safety Code Section 33670 after December 13, 2027. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a. replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January I, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 1, 2031. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 16, 2035. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the c.Wicuucws av1 sctWµs4kLri Wed xuu vAlemp urxy mimct filcs`ulk6c4dplaaduc 30 Adopted 7/I8/95 CDC to receive property taxes, pursuant to IIealth and Safety Code Section 33670 to pay the bonds, indehtedness, or other obligation. With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33332(a), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to health and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after 45 years following approval of the ordinance adopting this Plan. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. With respect to the E.J. Christmanl Area, notwithstanding any other provision of this Plan, and except as provided in this Section and IIealth and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Ilousing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding. or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the South Bay Town and Country Area, notwithstanding any othcr provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indehtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January I, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under IIealth and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indehtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in eNlocumews udsetisTAddavicUneal xlting•Uaiµnxy uienxt Idcs4opGe dpinn doe 31 Adopted 7/18/95 3t whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the E.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the cAelnetnnents and sat ingAlJasis Ural xnuysUatgvsa.y uUctnut file swlk(cYdplan dsx 32 Adopted 7/18/95 CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after April 16, 2005. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This lirnit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after April 16, 2005, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.2(a), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part activities authorized under this Plan shall be established or incurred after 20 years following approval of the ordinance adopting this Plan. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after 20 years following approval of the ordinance adopting this Plan, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. C. (803) CDC Bonds The CDC is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the CDC nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the CDC are not a debt of the City or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the CDC; and such bonds and other obligations shall so state on their face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. eAdocu ants aorl sctlmpsVidaval,,alxiluq;,Venquary insemet fiks4sh6,444wdoc 33 Adopted 7/18/95 The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time shall not exceed $100.0 million, except by amendment to this Plan. D. (804) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the CDC may make loans as permitted by law to public or private entities for any of its redevelopment purposes. E. (805) Rehabilitation Loans, Grants, and Rebates The CDC and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The CDC and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. SECTION IX. (900) ACTIONS BY THE CITY The City shall aid and cooperate with the CDC in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: 1. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights - of -way, and for other necessary modifications of the streets, the street layout, and other public rights -of -way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights -of -way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly -owned parcels and utilities in the Project Area. 3. Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the cAdocumems and selmg>WdaruUwul:enngsltenpmmy inneme fihNMkfienlpinn dne 34 Adopted 7/1 B/95 Project Area to be commenced and carried to completion without unnecessary delays. 4. Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the CDC, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the CDC or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION XI. (1100) DURATION OF THIS PLAN With respect to the E.J. Christman 1 Area, except for the nondiscrimination and nonscgregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on November 18, 2009. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the South Bay Town and Country Area, except for the nondiscrimination and nonscgregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on June 24, 2015. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. e:4kxwneus and uumgs4kLs-uskxal wougsLnsµ„u. Lnc nc I dcs ullskLdplaitduc 35 Adopted 7/18/95 With respect to the Center City Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 13, 2016. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the E.J. Christman2 Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 13, 2017. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Downtown Original Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 1, 2021. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Downtown 1985 Amendment Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 16, 2025. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Added Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire 30 years following adoption of the ordinance approving this Plan. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. SECTION XII. (1200) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. C.d000fitllls sod sstusgtAddAVCVu,VscuiugAlefffQUf;try intones files\ nik6e \rdpbadoc 36 Adopted 7/18/95 3G EXHIBIT "A'' Westside Areas CI 1 Y of SAN I)IFG() ...I: I::II"• NATIONAL C • IP � . .1111111'1'LI'V .r L:.lmwu UII•'''•'luIP, IIIII II IN911q? •I Ii1111G1 IIIf111111I'111L .I. r dlla■G I■I II11I111111111u li llll.. ,-,r ,_._. t lll.' I111I1I:11%. Illlill l: I'. _ _I--- 1llIIIIiIU!• -=-I--� I11Iglutll .' . Palm Ave II1 e • . a11111111= lilt..' -I=-..01mn110 ! m5 Bth Street Corridor 111 l_ ull ail )iull;ln EHIM' ..,-.)Y.L11111;.1111 ■tua: tilt L 117 -1 11 ■ i 7.Tr,;�� !I,11I_ ..: =• 1:11�---ill I_ a ❑1111 vilf p 11111,1LZ11 11111 Ill 11/i �` l'l'!I=11■11. -.illll IHUIII11111 III: ��1111!1! 1111- •��•I,1111 Ih.; �'-rl� IIIIIli11" 1.Ilill� )! !vl!' .: �!IIId IPlllla11. r/I�i�. Ili _-,'.1 Highland Ave 30th St/Sweetwater CIIUI? VISTA WWI National City Redevelopment Project - Parcels Subject to the 2007 Amendment Project Area Boundary - 2007 Amendment Area Municipal Boundary Source' National City Planning I —I I— DEE /ELOPMENT OM SION OF THE NATIOpNAL CITY National City Redevelopment Project Area / EXHIBIT "B" LEGAL DESCRIPTION NATIONAL CITY REDEVELOPMENT PROJECT AREA EXISTING AREA AREA "A" The perimeter description of this Project, situated in the City of National City, County of San Diego, State of California, is as follows: A11 that portion of the incorporated territory of the City of National City, County of San Diego, State of California, described as follows: Beginning at the point of intersection of the centerlines of Division Street and Highland Avenue, being on the common boundary line between the City of National City and the City of San Diego; thence South 72. 14' 16" West along said centerline of Division Street 3035 feet more or less to the Easterly line .of Interstate Highway Route 5; thence along' said Easterly line as follows: South 12. 50' 02" East 75.38 feet; thence South 50* 10' East 28.46 feet; thence Southerly along the arc of a 1 1+1 200 foot radius curve 65.72 feet; thence South 17. 45' 15" East 1706.82 feet; thence South 12' 02' 37" East 80.40 feet; thence South 17' 45' 15" East 290.36 feet; thence South 72. 14' 25" West 110.07 feet to a tangent 31 foot radius curve concave Easterly; thence Southerly along the arc of said curve 48.69 feet; thence South 17° 45' 15" East 36.78 feet; thence South 3° 59' 30" West 172.85 feet; thence South 17' 45' 15" East 61.98 feet; thence South 72' 14' 25" West 136.32 feet; thence South 16".06' 59" West 96.36 feet; thence South 17° 45' 15" East 59.01 feet; thence South 18° 07' West 235.91 feet; thence Southerly along the arc of a 144 foot radius curve concave Easterly 159.60 feet; thence South 18° 08' 56" West 66.10 feet; thence South 5' 35' 40" East 22.37 feet; thence South 18° 08' 56" West 210.39 feet; thence North 72° 14' 25" East 69.20 feet; thence South 17° 07' 17" West 294.76 _feet; thence South 5' 17' West 58.63 feet; thence South 14" 51' 00" West 432.91 feet; thence South 41° 43' West 23.92 feet; thence Southerly along the arc of a 162 foot radius curve concave Southeasterly 144.17 feet; thence South 8° 15' West 55.65 feet; thence South 17' 45' 09" East 76.61 feet; thence South 54' 39' East 132.23 feet; thence South 72' 14' 25" West 208.44 feet; thence South 9' 15' West 191.03 feet; thence South 17° 45' 40" East 186.31 feet; thence South 0° 40' 00" East 119.07 feet; thence South 17. 45' 40" East 1050.81 feet; thence South 17° 44' 00" East 7440 feet more or less to the Southerly line of Quarter Section 160 of Rancho de la Nacion on the common boundary line between the City of National City and the City of Chula Vista; thence along said boundary North 72' 08' 04" East •1940 feet more or less to the Easterly line of National City Boulevard, 100 feet wide; thence Northerly along said Easterly line 2306 feet to the Southerly line of Lot 1 of Quarter Section 151 of said Rancho de la Nacion Map No. 166; thence Easterly along said Southerly line 600 feet more or less to the Easterly line of the Westerly half of said Lot 1; thence Northerly along said Easterly line 330 feet to the Northerly line of said Quarter Section 151; thence Easterly along said Northerly line 660 feet to the North and South centerline of Quarter - Section 151; thence Southerly along said line 1317 feet" to the Southwest corner of Lot 13; thence Easterly along said Southerly line 240 feet to the centerline of Sweet- water River; thence along said centerline Southwesterly 300 feet more or less to the Westerly line of Lot 12 of Quarter Section 151; thence Southerly along the Westerly line of Lots 12 and 11, a distance of 370 feet to the Northerly line of the Southerly 130 feet of said Lot 11; thence Easterly along said Southerly line 1274 feet to the Westerly line of Highland Avenue; thence Northerly along said Westerly line 502 feet to the Westerly prolonga- tion of the Northerly line of Trousdale Drive; thence Easterly along said prolongation 100 feet to the Easterly line of said Highland Avenue; thence Northerly along said Easterly line 1342 feet to the Northerly line of Quarter Section 135 of Rancho de la Nacion; thence North 70° 42' 39" East along said Northerly line 1144.85 feet to an angle point on the Easterly line.of Parcel 2 of Parcel Map No. 1308; thence along said line North 43° 34' 25" East 17.09 feet; thence North 7' 25' 35" West 125 feet; thence North i° 08' 35" West 66.84 feet; thence North 40' 08' 25" East 170.40 feet to the Easterly line of Lot 4 of Quarter Sec- tion 134 of said Rancho de la Nacion; thence North 19° 07' 45" West along said Easterly line 419.48 feet to the Northerly line of 30th Street, Road Survey No. 1323; thence Easterly along said Northerly line to the 'Westerly line of Edae.nere Avenue, Road Survey No. 670; thence Southeasterly along said Westerly line to the Northerly line of State Highway Route 54; thence Easterly along said Northerly line to the Southwesterly corner of Sweetwater Town a Country Shopping Center Map No. 8432; thence along the boundary line thereof, North 82° 33' 20" East 243.83 2 47, feet; thence Easterly along the arc of a 1700 foot radius curve 391.13 feet; thence South 79° 21' 42" East 809.08 feet; thence South 81' 09' 17" East 223.73 feet; thence Easterly along the arc of a 225 foot radius curve 155.79 feet to a compound curve having a radius of 100 feet; thence Northerly along said curve 204.61 feet; thence North 58° 13' 38" West 176.15 feet; thence Northerly along the arc of a 350 foot radius curve 222.34 feet; thence North 22° 06' 31" West 282.67 feet; thence North 71° 15' 46" West 105.74 feet: thence North 69" 22' 14" West 209.66 feet; thence North 78° 34' 34" West 208.58 feet: thence Westerly along the arc of a 957 foot radius curve 350 feet more or less to a point on the boundary line of Course No. 6 of the City'of National City Ordinance No. 1019; thence along said boundary being along the Southerly pro- longation of the Easterly line of Lot 52 of Lincoln Acres Map No. 1740, North 29° 17' 30" West 150 feet to the North- easterly corner of said Lot 52; thence Northeasterly along the Southeasterly line of Grove Street as shown on said Mao No. 1740, 215 feet; thence Northwesterly 185.26 feet to a point on the Easterly line of Lot 4 of said Map No. 1740;_ thence North 31' 54' West to the Northeast corner of•said Lot 4; thence South 71° 0S' West 49.37 feet; thence South 58. 06' West along the Northerly lines of Lots 4 and 3 a distance of 101.80 feet to the Easterly line of Lot 20 of said Map No. 1740; thence North 52' 06' West along said line 106.44 feet to the North line of the South 100-'feet of Lots 20 and 21 of said Map No. 1740; thence along said line South 58' 06' West 230 feet to the West line of said Lot 20; thence North 18. 55' West along the West line of said Map No. 1740 a distance of 370 feet more or less to an angle point on the boundary line of the City of National City, Ordinance No. 1061; thence Easterly along the Southerly line thereof 50 feet to the Easterly line of Lincoln Court; thence Northerly along said Easterly line 48 feet to the South line of Lot 15 of said Map No. 1740; thence North 61° 12' 30" East 296.52 feet to the Southeast corner of said Lot 15; thence.North 28° 47' S0" West 142.40 feet along the West- erly line of Lots 11 and 12 to the Southerly line of the North 20 feet of said Lot 12; thence North 61° 12' 30' East 85 feet more or'less along said Southerly line to an angle point on said boundary line of the City of National City last mentioned; thence Northerly along the Easterly line thereof 92.16 feet to the Southerly line of said Lincoln Court; thence North 72° 49' 00" East along said Southerly line 82.20 feat to the Southerly prolongation of the Westerly line of Lot 27 of said Map No. 1740; thence along said prolongation and along said line North 19. 03' 00" West 330 feet to the Northwesterly corner of said Lot 27; thence North 44° 14' East 111.90 feet to the Southwest corner of Lot 30 of said Map No. 1740; thence North 19° 03' 00" West 230 feet to the Northwest corner of Lot 31 of said Map No. 1740; thence South 81. 34' 00" East 162.79 feet to a point on the bounaary line of Rae Place as shown on said Map No."1740; tnence Northeasterly along the arc of a 40 foot radius curve 62.83 feet to the West- erly line of Lot 33 of said Map No. 1740; thence North 19° 03' 00" West 43 feet along said westerly line to the Southerly line of Lot 4 of Las Palmas Park Villas, Map No. 9128; thence along said Southerly line North 72° 13' East 120 feet to an angle point thereon; thence South 17' 53' 09" East 97 feet; thence North 73° 13' East 120 feet; thence South 17° 53' 09" East 2.82 feet; thence North 71' 57' 37" East 255 feet more or less to the East- erly line of Newell Street as shown on the Westerly line of Interstate Route 805; thence along said Westerly line of said Interstate Route 805 as follows: Northerly along the arc of a 330 foot radius curve 43.99 feet; thence North 12° 07' 40" West 258.68 feet; thence Northerly 3 along the arc of a 1030 foot radius curve 98.37 feet; thence North 17. 36' West 685.32 feet: thence Northerly along the arc of a 1030 foot radius curve 93.65 feet; thence North 22' 48' 34" Wes: 263.55 feet; thence Northerly along the arc of a 970 foot radius curve 88.19 feet: thence North 17' 36' West 809.97 feet; thence North 10° 47' 26" East 42.23 feet; thence North 17' 41' 0[" West 200.33 feet: thence North 25° 18' 33" West 474.78 feet; thence "forth 45° 50' 36" West 67.83 feet; thence North 17° 43' 57" west 125.00 feet; thence North 31° 33' 50' West 688.61 feet; thence South 78. 59' 11" West 26.20 feet; thence North 45° 54' 02' West 17.68 feet; thence South 78° 59' 11" West 96.00 feet; thence North 15. 23' 31" west 30.29 feet; thence North 43' 19' 20" West 105.88 feet; thence North 17. 44' 49' West 20 feet; thence North 56' 59' 46" East 106.76 feet; thence North 23° 34' 11" west 190.01 feet; thence North 3' 36' 49" West 142.30 feet; thence North 17. 53' 05" West 540.09 feet; thence North 27. 06' 55" East 35.36 feet; thence North 17° 53' 05" West 308.70 feet; thence North 25° 49' 53' West 180.84 feet; thence North 17' 53' 05' West 200 feet; thence North 21' 47' 45' West 250.59 feet; thence North 29° 01' 52" West 99.44 feet; thence South 61. 58' 08' West 42.24 feet; thence North 17' 52' 10" West 236.99 feet; thence North 57. 37' 09" West 172.52 feet; thence North 39° 07' 16" West 452.83 feet; thence South 72. 13' 30" West 6.64 feet; thence North 17° 46' 30' West 89.72 feet; thence Nortn 46. 21' 02' West 113.63 feet; thence South 72. 00' 25" West 50.35 feet; thence North 40° 42' 58" West 283.16 feet; thence North 55° 54; 39" West 457.20 feet; thence North 50' 24' 12" West 661.84 feet; thence Northerly along the arc of a 30 foot radius curve 64.23 feet; thence North 59. 31" 47" West 107.30 feet; thence Northerly along the arc of a 30 foot radius curve 33.50 feet; thence North 43' 45' 17" West 244.18 feet; thence Northerly along the arc of a 599 foot radius curve 114.56 feet; thence North 74° 26' 28' West 222.29 feet; thence North 28" 30' 14" West 28.97 feet; thence North 48. 01' 12" West 188.16 feet to the common boundary line of the City of San Diego and the City of National City: thence along said line South 0' 45' 45" West 50.99 feet to an angle point thereon; thence South 89° 58' West along said line 637.21 feet to the West line of Lot 70 feet Horton's Purchase Man No. 283; thence North 0' 01' 30" East along the test line thereof 218 feet to the centerline of Delta Street; thence along said centerline South 89° 55' 25" West 1335.78 feet to the centerline of Highland avenue; thence Southerly along said centerline being along said common coundary 1500 feet more or less to the point of beginning. The land area contained within the Project Boundary is approximately 2,080 acres. 4 LEGAL DESCRIPTION NATIONAL CITY REDEVELOPMENT PROJECT AREA ADDED AREA AREA "B" Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at the intersection of the Southerly Right-of-way of 8th Street and the Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East 100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25" West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South 17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet; thence South 49°07'00" West 25.00 feet; thence leaving said Westerly Right-of-way South 06°41'56" East 233.22 feet to an angle point in said Westerly Right-of-way; thence continuing along said Westerly Right-of-way the following courses: South 17°45'40" East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South 17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet; thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence South 31°19'37" East 268.23 feet; thence South 30°11'05" West 66.08 feet; thence South 27°10'57" East 34.34 feet; thence leaving said Westerly Right-of-way along the boundary of Record of Survey 11749, South 72°16'11" West 307.21 feet; thence South 17°43'49" East 164.89 feet; thence South 72° 16'11 " West 316.34 feet to the beginning of a non - tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the Easterly Right-of-way of the San Diego and Arizona Eastern Railroad as shown on said Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58 feet; thence South 10°54'26" East 504;27 feet to the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot radius curve concave Northeasterly, to which a radial line bears South 72°42'48" West; thence Southeasterly along the arc of said curve through a central angle of 34°14'07" a distance of 718.88 feet; thence South 51 °31'18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to which a radial line bears North 38°57'27" East; thence Southeasterly along the arc of said curve through a central angle of 33°18'19" a distance of 348.01 feet; thence South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary; thence leaving said Easterly railroad Right-of-way Southwesterly along said City boundary as shown on Miscellaneous Map 564 South 72°15'22" West 1629.76 feet to the intersection of the Southerly prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Southerly Right-of-way of 32nd Street; thence North 23°03'04" West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of- way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right- of-way line of said 24th Street said point being also on the Easterly Right-of-way of said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands Avenue North 15°00'40" West 15.02 feet, said point being a prolongation of the Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of Tidelands Avenue South 72° 14'20" West along said prolongation and Northerly Right- of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of- way of 24th Street; thence continuing along said Northerly Right-of-way of 24th Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of- way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and a prolongation thereof South 72°14'20" West 715.55 feet to a point on the U.S. Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21 feet to a point on the boundary of the San Diego Unified Port District lands; thence along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West 1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East 365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 147.09 feet to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence along said Westerly Right-of-way North 05°48'13" East 67.47 feet to the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 02°29'39" an arc distance of 247.24 feet to an intersection with the centerline of 12th Street (now closed); thence leaving the said Westerly Railroad Right-of-way along said centerline North 72° 14'20" East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of- way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of McKinley Avenue (now closed); thence along said centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th Street (now closed); thence along said Northerly Right-of-way North 72°14'20" East 290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street; thence along said Southerly Right-of-way North 72°14'25" East 466.14 (1 • feet to the Point of Beginning. Containing 317 acres more or Tess. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. c).., c,, m& Chris D. Ciremele L.S. 5267 1-24-94 J-12174 Lrl EXHIBIT A LEGAL DESCRIPTION BOUNDARY OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at the intersection of the Southerly Right-of-way of 8th Street and the Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East 100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25" West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South 17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet; thence South 49°07'00" West 25.00 feet; thence leaving said Westerly Right-of-way South 06°41'56" East 233.22 feet to an angle point in said Westerly Right-of-way; thence continuing along said Westerly Right-of-way the following courses: South 17°45'40" East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South 17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence South 52°52'19" West 24.46 feet; thence South 72° 14'00" West 260.17 feet; thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence South 31 °19'37" East 268.23 feet; thence South 30° 1 1'05" West 66.08 feet; thence South 27 ° 10'57" East 34.34 feet; thence leaving said Westerly Right-of-way along the boundary of Record of Survey 11749, South 72°16'11" West 307.21 feet; thence South 17°43'49" East 164.89 feet; thence South 72°16'11" West 316.34 feet to the beginning of a non - tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the Easterly Right-of-way of the San Diego and Arizona Eastern Railroad as shown on said Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58 feet; thence South 10°54'2B" East 504.27 feet to the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot radius curve concave Northeasterly, to which a radial line bears South 72°42'48" West; thence Southeasterly along the arc of said curve through a central angle of 34°14'07" a distance of 718.88 feet; thence South 51 °31'18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to which a radial line bears North 38°57'27" East; thence Southeasterly along the arc of said curve through a central angle of 33°18'19" a distance of 348.01 feet; thence South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary; thence leaving said Easterly railroad Right-of-way Southwesterly along said City boundary as shown on Miscellaneous Map 564 South 72°15'22" West 1629.76 feet to the intersection of the Southerly prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Southerly Right-of-way of 32nd Street; thence North 23'03'04" West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of- way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right- of-way line of said 24th Street said point being also on the Easterly Right-of-way of said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands Avenue North 15°00'40" West 15.02 feet, said point being a prolongation of the Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of Tidelands Avenue South 72° 14'20" West along said prolongation and Northerly Right- of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of- way of 24th Street; thence continuing along said Northerly Right-of-way of 24th Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of- way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and a prolongation thereof South 72°14'20" West 715.55 feet to a point on the U.S. Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21 feet to a point on the boundary of the San Diego Unified Port District lands; thence along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West 1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East 365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 147.09 feet to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence along said Westerly Right-of-way North 05°48'13" East 67.47 feet to the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 02°29'39" an arc distance of 247.24 feet to an intersection with the centerline of 12th Street (now closed); thence leaving the said Westerly Railroad Right-of-way along said centerline North 72° 14'20" East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of- way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of McKinley Avenue (now closed); thence along said centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th Street (now closed); thence along said Northerly Right-of-way North 72°14'20" East 290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street; thence along said Southerly Right-of-way North 72° 14'25" East 466.14 L l feet to the Point of Beginning. Containing 542 acres more or less. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. Chris D. Ciremele L.S. 5267 1-24-94 J-12174 Rnas EXHIBIT A LEGAL DESCRIPTION SUBAREA 1 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN These properties located in the City of National City, County of San Diego, State of California, described as 'follows: Beginning at Point "A", as described in Subarea 3 of Harbor District Preliminary Redevelopment Plan; thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence South 31 ° 19'37" East 268.23 feet; thence South 30°11'05" West 66.08 feet; thence South 27°10'57" East 34.34 feet; thence leaving said Westerly Right-of-way along the boundary of Record of Survey 11749 on file in the office of the County Recorder of San Diego County, South 72°16'11" West 307.21 feet; thence South 17°43'49" East 164.89 feet; thence South 72°16'11" West 316.34 feet to the beginning of a non -tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the Easterly Right-of-way of the San diego and Arizona Eastern Railroad as shown on said Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58 feet; thence South 10°54'26" East 504.27 feet to the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot radius curve concave Northeasterly, to which a radial line bears South 72°42'48" West; thence Southeasterly along the arc of said curve through a central angle of 34°14'07" a distance of 718.88 feet; thence South 51°31'18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to which a radial line bears North 38°57'27" East; thence Southeasterly along the arc of said curve through a central angle of 33 ° 18' 19" a distance of 348.01 feet; thence South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary; thence leaving said easterly railroad Right-of-way Southwesterly along said City boundaries shown on Miscellaneous Map 564 South 72°15'22" West 1629.76 feet to the intersection of the prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right- of-way of Tidelands Avenue and the Souhterly Right-of-way of 32nd Street; thence North 23°03'04" West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of-way of said 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right-of-way line of said 24th Street; thence along said Northerly Right-of-way North 72°14'20" East 1600.52 feet to the POINT OF BEGINNING. Containing 126 acres more or less. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company c)i�Ck Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) feet to the Northerly Right-of-way line of said 24th Street; thence along said Northerly Right-of-way North 72°14'20" East 1600.52 feet to the POINT OF BEGINNING. Containing 126 acres more or less. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) EXHIBIT A LEGAL DESCRIPTION SUBAREA 2 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at Point "A", as described in Subarea 3 of Harbor District Preliminary Redevelopment Plan; thence Westerly along the Northerly Right-of-way of 24th Street South 72°14'20" West 389.83 feet to a point on the Westerly Right-of-way of Harrison Avenue, said point being the TRUE POINT OF BEGINNING; thence continuing along the Northerly Right-of-way of said 24th Street South 72° 14'20" West 1210.69 feet to the Easterly Right-of-way of Tidelands Avenue; thence Northerly along the Easterly Right-of-way of said Tidelands Avenue North 15°00'40" West 15.02 feet; thence leaving said Right-of-way along the Northerly Right-of-way of 24th Street South 72°14'20" West 360.37 feet to an angle point in said Northerly Right-of-way of 24th Street; thence continuing along said Right-of-way South 17°45'40" East 15.00 feet; thence South 72°14'20" West 715.55 feet to the U.S. Bulkhead line as shown on Miscellaneous Map 564; thence along said line North 06°35'32" West 314.21 feet to a point on the boundary of the San Diego Unified Port District lands; thence along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West 1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East 365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 102.64 feet to the centerline of Harrison Avenue; thence Southerly along said centerline South 17°45'40" East 3301.70 feet to the Northerly Right-of-way line of 23rd Street; thence along said Northerly Right-of-way line of 23rd Street South 72°14'20" West 40.00 feet to the Westerly Right-of-way of Harrison Avenue; thence along said Westerly Right-of-way South 17°45'40" East 330.20 feet to the TRUE POINT OF BEGINNING. Containing 113 acres more or Tess. The above description was compiled or calculated from existing available record information and not a field survey by Rick En. ineering Company. Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) EXHIBIT A LEGAL DESCRIPTION SUBAREA 3 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at the intersection of the Southerly Right-of-way of 8th Street and the Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East 100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25" West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South 17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet; thence South 49 °07'00" West 25.00 feet; thence leaving said Westerly Right-of-way South 06°41'56" East 233.21 feet to an angle point in said Westerly Right-of-way; thence continuing along said Westerly Right-of-way the following courses: South 17°45'40" East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South 17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet to a point on the Northerly Right-of-way of 24th Street, said point herein after referred to as Point "A"; thence along said Northerly Right-of-way of said 24th Street South 72°14'20" West 389.83 feet to a point on the Westerly Right-of-way of Harrison Avenue; thence along said Westerly Right-of-way of Harrison Avenue North 17°45'40" West 330.20 feet; thence leaving said Westerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of said Harrison Avenue; thence along the centerline of said Harrison Avenue North 17°45'40" West 3301.70 feet to the Northerly Right-of-way of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 44.45 feet to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence along said Westerly Right-of-way North 05°48'13" East 67.47 feet to the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 02°29'39" an arc distance of 247.24 feet to an intersection with the centerline of 12th Street (now closed); thence leaving said Westerly Railroad Right-of-way along said centerline North 72°14'20" East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of-way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of McKinley Avenue (now closed); thence along said centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th Street (now closed); thence along said Northerly Right-of-way North 72°14'20" East 290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street; thence along said Southerly Right-of-way North 72°14'25" East 466.14 feet to the POINT OF BEGINNING. Containing 78 acres more or Tess. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. Ch�.(4, L\ , GA4Iry,2,Ez Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) C7 2 REVISED 1-24.94 ltMv4 NW11 Y+NONr 40 wllAN, COURSE TOLE / • YY•A• 1 !MIi Y Mt1'11.1 1I1.11 • Y • ll M• N. 14.41 • w.N • le Pro.11.w II IT4'M' • 111.11 • N.H • MN•1I. t Lfl. Il • !rot,..t ItH • IY 1l'1•N• • M• • Ir,YN' • /w.l, • ' • 1w.H • ...We «'w I IN.N • IT • )TIh.• t NC* iM. II •SO A441',, YIYN•1Y1 t1.. 1, 1 aY • l0',4. • i1 tMN•Ort iY f]YH'MI Mtl Ihw'WI •_II �) Y IT1•«. I IMN Y IYY•H' 1 NI.H . II IYY•y. / IN•1/ • • Yw•«' I lit. . Y 1414•1.4 1 ;i ' II I1.11... I M N ! I11,1'II• t III N I wM•w• 1 wl.w • 11'1404 t wl.w • w1YN' • w<w • •I.11'114 • 11111 • INI•H' • /«,rt .• Ih)•'N• f II.w • 4/1'11' • 10.1.14 Y 1h0'14. 1 111.N Y 14140. / IMw RICK ENGINEERIK;CCB+•fPnNY INTERSTATE •T • ^f1 SMAREA 14, H'L•I TILE S T, JAf IOC H TH•IY HLII Id,.., We' WYlt' ?MN 13.1'IY 344.01 .Nl.., 14,1'H' 111.Y 1ll,. .l YH'O, 10.II 1HI. H YJI'N• H.H LEGEND MhgN am *Lowe. Qp fe•pM i HIAIY YI 1N17Y AIA A Nu/l BOUNDARY PLAT FOR NATIONAL CITY HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN r11.H. MN w. REGCiiL RF SUGAREA I , 04. Y. f- ►aull« StN p;,60 6'aY Nut Ir l• v l.N EXHIBIT C PUBLIC FACILITIES AND INFRASTRUCTURE IMPROVEMENTS PROJECTS Project Description: Public Facilities/Infrastructure Improvement project to be constructed/implemented during the life of the Redevelopment Plan shall include but not be limited to: I STREET IMPROVEMENTS: Street improvements, including but not limited to street construction, median construction, drainage improvements, landscaping and street liuniture throughout the Project Area and the construction of additional streets to improve circulation. II TRAFFIC SIGNAL, TRAFFIC CALMING, PARKING & LIGHTING IMPROVEMENTS: To facilitate improved circulation flow and reduce traffic congestion for motorists, pedestrians and bicyclists. lII PARK AND RECRF.A'I'ION IMPROVEMENTS, LIBRARY AND ARTS FACILITIES: 'I'o provide safe, attractive, and well -maintained park and recreation facilities for the public by rehabilitating and/or installing improvements and amenities at parks, recreation and open space locations throughout the Project Area. IV CAPITAL. FACILITY IMPROVEMENTS: To develop and rehabilitate community facilities to meet the needs of the City's residents. V ECONOMIC DEVELOPMENT: Public facility and infrastructure improvements within the Project Arca to facilitate a more robust economic environment and to increase commerce. V1 HOUSING PROGRAMS: To preserve, rehabilitate, increase and improve the community's supply of housing affordable to very low, low and moderate income households and to increase opportunities for home ownership throughout the Project Arca. VII PUBLIC SAFETY AND SECURITY: To provide physical and technological enhancements to enhance public safety and protection. Examples of such improvements may include but are not limited to fencing of properties, the rehabilitation or construction of police storefronts, physical and technological improvements at Police Station(s) and Fire Stations within the Project Area. h''cdc :edc,clupiiiczd corn spando .erc1rvelnpm:nl pi+:i .uiccn.L:,er.t.rdplan-d&afidrafi dcc Adopted '07 EXHIBIT D LOCATION OF REAL PROPERTY POTENTIALLY SUBJECT TO ACQUISITION BY EMINENT DOMAIN Pursuant to Section 603 of this Plan, the CDC may acquire the following properties through the use of eminent domain: Existing Area (as defined in Section 300 of this Plan) • All parcels located immediately cast and adjacent to National City Boulevard, between Division Street and the south City limits. • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately west and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. Added Area (as defined in Section 300 of this Plan) All property in the Added Area, excepting the San Diego Unified Port District property. IN EXISTING AND ADDED AREAS, SINGLE-FAMILY AND MULTI -FAMILY RESIDENTIAL PROPERTIES ARE SPECIFICALLY EXCLUDED FROM THE USE OF EMINENT DOMAIN. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION 140 E 12th St, Ste 13, National City, CA 91950 Draft Report to the City Council 2007 AMENDMENT NATIONAL CITY REDEVELOPMENT PLAN !PSG INTELLIGENT COMMUNITY DEVELOPMENT June 2007 ATTACHMENT "B" ROSENOW SPEVACEK GROUP INC. 3O9 WCST 4T11 SIRFEI SANTA ANA, CAI IFORNIA 92/01.4502 T 714 541 4S8S F /14 5411175 E INFO:aWFHRSC, COM WFHHSG.f OM REPORT TO COUNCIL COMMUNITY DEVELOPMEN1 COMMISSION City of National City TABLE OF CONTENTS Introduction Plan Amendment 1 Reasons for the Proposed Amendment and Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area Introduction 4 H. Description of the Physical and Economic Conditions Existing in the Project Area Physical Blighting Conditions 6 Economic Blighting Conditions 6 Study Approach and Methodology 7 Economic Conditions that Cause Blight 11 Parcels Needed for Effective Redevelopment 24 Physical and Economic Burden on Community 24 C. Five -Year Implementation Plan 26 D. Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than 'I'ax Increment 27 E. Method of Financing 28 F. Method of Relocation 29 G. Analysis of the Preliminary Plan 30 II. Report and Recommendations of the Planning Commission 30 I. Report: of the Project Area Committee 30 J. General Plan Conformance 31 K. Environmental Documentation 31 L. Report of the County Fiscal Officer 31 M. Neighborhood Impact Report 32 N. Summary of Agency Consultation with Affected Taxing Agencies 32 Attachment 1 — Project Area Map With Current Eminent Domain .33 Attachment 2 — Negative Declaration 34 1:1Common1)/aft 2007 RTC 6-7-07.doc INTRODUCTION I PLAN AMENDMENT The Community Development Commission of the City of National City ("CDC") is processing an amendment ("2007 Amendment") to the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"). As proposed, the amendment will extend the Commission's existing authority to acquire property, as a last resort, through eminent domain to vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area ("Project Area"). The current exemption for single family residences would be expanded so that all housing uses, whether single-family or multi -family, are specifically excluded from the use of eminent domain. The CDC currently has the authority to acquire property through eminent domain until July 18, 2007 in the following areas: • Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • Properties located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • Properties located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • Properties west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. This amendment will extend the CDC's authority to acquire property through eminent domain within these areas until 2019. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. The 2007 Amendment will change the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses. The 2007 amendment will also revise Exhibit C — "Public Facilities/Infrastructure Improvement Projects". Revisions to Exhibit C include expanding the descriptions of the project objectives of the existing projects listed in Exhibit C, eliminating the list of streets identified under the Street Improvements project and adding a project entitled Public REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Safety and Security which as described, provides physical and technological enhancements to enhance public safety and protection. Examples of such improvements may include but are not limited to fencing of properties, the rehabilitation or construction of police storefronts, physical and technological improvements at Police Station(s) and Fire Stations within the Project Area. No other changes to the Redevelopment Plan for the Project Area are included in this amendment. This document is the CDC's Report to the City Council ("Report") for the proposed 2007 Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"). Pursuant to Section 33352 of the Law, the Report provides information, documentation and evidence to assist the City Council of National City with their consideration of the 2007 Amendment and in making the various determinations in connection with its adoption. This Report supplements the documentation and evidence contained in previous Reports to the City Council ("Original Reports"), prepared in connection with the original Redevelopment Plan and subsequent amendments; the Original Reports are incorporated herein by reference. Section 33457.1 of the Law dictates the required components of this Report. More specifically, Section 33457.1 states that the information required by Section 33352 is the only information warranted by the 2007 Amendment. Much of the information normally required that pertains to adopting a redevelopment plan was previously documented and presented in the Original Reports. Contents of this Report The contents of this Report are presented in fourteen (14) sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: A. Reasons for the Proposed Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area B. Description of the Physical and Economic Conditions Existing in the Project Area C. Five -Year Implementation Plan D. Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Altematives Other Than Tax Increment E. Method of Financing F. Relocation Plan G. Analysis of the Preliminary Plan PSG Page 2 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City H. Report and Recommendations of the Planning Commission I. Report of the Project Area Committee J. General Plan Conformance K. Environmental Documentation L. Report of the County Fiscal Officer M. Neighborhood Impact Report N. Summary of Agency Consultation with Affected Taxing Agencies RSG Page 3 SECTION A Reasons for the Amendment and Description of Specific Projects Proposed and How these Projects will Improve or Alleviate Blighting Conditions Found in the Project Area The CDC seeks to amend the Redevelopment Plan and extend the CDC's eminent domain authority (subject to all required procedures under California law) within the area identified as the 2007 Amendment Area as illustrated in Attachment 1. Specifically excluded from eminent domain are properties that are used for residential purposes. The CDC's authority to use eminent domain to acquire property shall run for 12 years from the effective date of the 2007 Amendment to the Redevelopment Plan. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. The 2007 Amendment will also change the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses, as well as revising Exhibit C — `Public Facilities/Infrastructure Improvement Projects". The 2007 Amendment does not amend, modify, change or affect in any way modify the Project Area boundaries. The CDC is undertaking the 2007 Amendment in order to expand its ability to assemble sites, thereby facilitating commercial, industrial and residential redevelopment projects in the Project Area. The CDC adopted the 1995 Redevelopment Plan authorizing the current limited eminent domain authority. The 1995 Report to the City Council ("1995 Report") cited socioeconomic conditions such as low median household income, high unemployment, high proportion of residential tenants versus home owners and low residential rents as blighting factors. The 1995 Report also discussed the mixture of land uses many of which are incompatible and/or obsolete as well as small parcel sizes and limited public infrastructure as additional blighting conditions. To facilitate the elimination of the above blighting conditions the CDC has initiated public right-of-way improvements, specific plans for development and environmental remediation of toxic sites over the last 12 years. Unfortunately, these efforts alone have not been successful in the elimination of blight from the Project Area. The CDC's overall efforts have been limited, due to the inability to negotiate land purchase transactions with private property owners. While the CDC has pursued land acquisition and consolidation through open market transactions and limited eminent domain actions, the lack of eminent domain in many commercial and industrial corridors has constrained redevelopment efforts. Because the CDC cannot forcefully encourage property owners to either redevelop or sell abandoned and dilapidated properties, many of these properties continue to be neglected 12 years later. RSG Page 4 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Adopting the 2007 Amendment will extend the Redevelopment Plan's eminent domain authority and afford the CDC one additional tool to eliminate blight in the Project Area, through the facilitation of land assemblage activities or the purchase of dilapidated properties within the areas identified in Attachment 1. RSG Page 5 SECTION B Description of the Physical and Economic Conditions Existing in the Project Area This section summarizes the existing physical and economic conditions within the 2007 Amendment Area. PHYSICAL BLIGHTING CONDITIONS Section 33031(a) of the Law describes physical conditions that cause blight as follows: 1. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by: a. Serious building code violations, b. Serious dilapidation and deterioration caused by Tong -term neglect, c. Construction that is vulnerable to serious damage from seismic or geologic standards, d. Buildings suffering from faulty or inadequate water or sewer utilities. 2. Conditions that prevent or substantially hinder the viable use or capacity of buildings or lots. These conditions may be caused by: a. Buildings of substandard, defective, or obsolete design given present general plan, zoning, and other development standards. 3. Adjacent or nearby incompatible land uses that prevent the development of those parcels or other portions of redevelopment project areas. 4. The existence of subdivided lots that are in multiple ownership and whose physical development has been impaired by their irregular shapes and inadequate sizes, given present general plan and zoning standards and present market conditions. ECONOMIC BLIGITING CONDITIONS Section 33031(b) of the Law describes the following economic conditions that cause blight: 1. Depreciated or stagnant property values. 2. Impaired property values due to significance in the presence of hazardous waste where the agency may be eligible to use its authority as specified in Article 12.5. 3. Abnormally high business vacancies, abnormally low lease rates, or an abnormally high number of abandoned buildings. RSG Page 6 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City 4. A serious lack of necessary commercial facilities such as those normally found in neighborhoods including grocery stores, drug stores, and banks and other lending institutions. 5. Serious residential overcrowding that has resulted in significant public health or safety problems. As used in this paragraph, 'overcrowding' means exceeding the standard referenced in Article 5 (commencing with Section 32) of Chapter 1 of Title 25 of the California Code of Regulations. 6. An excess of bars, liquor stores, or adult -oriented businesses that has resulted in significant public health, safety, or welfare problems. 7 A high crime rate that constitutes a serious threat to the public safety and welfare. STUDY APPROACH AND METHODOLOGY Several data sources were utilized to quantify existing conditions of the properties within the 2007 Amendment Area. An important data source was a field survey conducted by Rosenow Spevacek Group, Inc. (`RSG"), consultants to the CDC, in April of 2007. The survey encompassed those areas of the Project Area currently subject to eminent domain. Existing physical and economic conditions of each parcel, as observed from the public right-of-way, were documented. The observed physical and economic blighting conditions included deterioration and dilapidation, structural obsolescence, incompatible adjacent land uses, defective/substandard design and inadequate parcel size. Photographs illustrating the observed blighting conditions are included as Attachment 2 to this Report. The analysis and assessment of the blighting conditions found within the 2007 Amendment Area, is based upon the following sources: 1. The April 2007 field survey by RSG. 2. Commercial and industrial lease rates and vacancy rates from Grubb and Ellis, CB Richard Ellis, Inc. and CoStar Commercial Real Estate. 3. Information and data from the City of National City's General Plan. 4. Information from the City of National City Code Violation Department. 5. Information from the National City Fire Department 6. Information from the National City Police Department While RSG believes all information sources to be reliable, it is not responsible for the accuracy of data provided by such sources. The survey and supplementary research included analyzing the 2007 Amendment Area to determine the conditions of blight present. The primary blighting conditions observed during the survey were dilapidation and deterioration of buildings and buildings with RSG. Page 7 REPORT TO COUNCIL COMMUNII Y DEVELOPMENT COMMISSION City of National City substandard or defective design. A summary of these blighting conditions is presented in Table B-1. Physical Blighting Conditions in 2007 Amendment Area Exhibit B-1 National City Community Development Commission Physical Blighting Condition Detrioration and Dilapidation Substandard or Defective Design No. of % of 2007 Occurrences Amendment Area 493 71.24% 386 55.78% * Note: Some parcels have one or more blighting conditions. Source: RSG Field Survey Buildings Unsafe/Unhealthy to Live or Work In Section 33031(a)(1) of the Law describes physical conditions that cause blight to include "Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by serious building code violations, serious dilapidation and deterioration caused by long-term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities." The following discussion substantiates the presence of serious dilapidation and deterioration caused by long-term neglect in the 2007 Amendment Area. Serious Dilapidation and Deterioration Structures were determined to be dilapidated or deteriorated if they were suffering from deteriorating roofing or eaves; peeling paint; damaged exterior building material; exposed wiring or plumbing; and/or if the buildings were constructed with substandard building materials. Of the 692 parcels identified as being blighted, there were 493 occurrences of dilapidation and deterioration in the 2007 Amendment Area (71.2%). RSG Page 8 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 1: This photo depicts a building along Civic Center Drive showing signs of a rusting metal roof indicating lack of weather proofing materials. Photo 2: Damaged exterior building material on a building along Civic Center Drive. Photo 3: Along Cleveland Avenue this photo depicts a building showing signs of a rusting metal roof indicating lack of weather proofing materials. The property also has broken windows and damaged exterior building materials. RSG Page 9 REPORT TO COUNCIL COMMUNITY DFVELOF'MENI COMMISSION City of National City Photo 4: Along Civic Center Drive this building has damaged or deteriorating roof eaves and damaged exterior building materials. Physical Factors that Prevent or Substantially Hinder the Economically Viable Use of Buildings or Lots Section 33031(a)(2) of the Law describes physical conditions that cause blight to include "Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors." The following discussion substantiates the presence of inadequate lot and building size, lack of parking, substandard design and obsolescence. Substandard or Defective Design There were several examples of substandard building materials observed in the properties affected by the 2007 Amendment. Corrugated metal sheeting is a primary example and is not a permitted building material according to the City code. The corrugated metal readily deteriorates from the weather and becomes more structurally unsound as it warps from the elements. Canvas and plastic tarps are also prevalent and are not permitted to be used as building materials by the City. The results of the field survey indicate approximately 429 incidences of substandard or defective designs were present in the 2007 Amendment Area. The industrial parcels affected by the 2007 Amendment represent the older style of development, offering limited or no amenities. Modern industrial buildings often use concrete tilt -up walls that can withstand the physical demands associated with industrial uses. The Project Area has multiple examples of wood -frame residential structures converted to industrial use. Residential wood -frame buildings are not designed to withstand industrial use requirements that may include production equipment or storage mounted to the walls as well as the high level of wear and tear associated with these non-residential activities. These activities cause the wood -frame structure to become dilapidated and wear down prematurely from the high -demands of industrial as well as commercial usage. Other inadequacies of older structures built for other uses include insufficient electrical supply, storage, and indoor manufacturing areas. RSG Page 10 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 5: Substandard building materials and obsolete design of an abandoned building located on Cleveland Avenue. Photo 6: Substandard building materials and obsolete design of a vacated building located along Harrison Avenue. Photo 7: This photo depicts structures on a property along Civic Center Drive constructed with substandard building material. The structures also show signs of deterioration and dilapidation. PSG Page 11 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Structural Obsolescence While inadequate loading, parking and storage are characteristics of small lot size, these deficiencies are also indicative of properties 25 years or older. The deficiencies associated with many older properties are often referred to as obsolescence. Obsolescence is the result of a combination of blight factors, including the age of buildings, lack of maintenance, and a lack of desirable amenities such as parking and tenant improvements that occur as contemporary market standards evolve. For these reasons, obsolescence results in factors that substantially hinder the economically viable use of buildings and lots. Commercial and industrial development standards have changed significantly since the 1965 when over 40% of the commercial and industrial properties in the Project Area were developed. Modern industrial developments offer larger floor and lot sizes along with amenities such as landscaping, on -site parking and adequate loading areas for larger delivery vehicles. Commercial and industrial uses without adequate area often negatively affect surrounding properties through competition for on -street parking and on -street deliveries that restrict access to surrounding properties. Incompatible Adjacent Uses Incompatible adjacent uses where commercial and/or industrial properties are directly adjacent to residential uses were noted on 87 of the properties within the area affected by the 2007 Amendment. Outdoor manufacturing was commonly observed without any noise buffers to surrounding residences. Toxic dust created by outdoor industrial repairs and production drifts in an airborne state to surrounding residential properties, presenting a significant detrimental health and safety condition to these residents. Photo 8: Along McKinley Avenue a residential building between two industrial uses is incompatible for both residential occupants and industrial uses as there are no buffers between the two. RSG Page 12 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 9: Residential use along 22nd street adjacent to an industrial use. Photo 10: Residential use along Cleveland Avenue adjacent to an industrial use. Inadequate Lot Size Small parcel sizes particularly in the commercial corridors of 8th Street as well as the industrial portions of the Westside area north of 22nd Street hinder these parcels ability to be rehabilitated and redeveloped. Current development standards for neighborhood commercial development generally require at least a two -acre site and a four -acre site for light -industrial development. There are only 10 properties of four or more acres and 34 properties of two or more acres affected by the 2007 Amendment with 585 commercial or industrial properties being less than one-half acre. Inadequate lot size results in development that either (1) lacks adequate parking, loading and vehicle access; or (2) prohibits redevelopment and reuse of parcels because the density of development that exists today would not be allowed without provisions for adequate parking, loading and vehicle access. New development constructed to modern development standards would be required to provide adequate parking, loading and vehicle access, which many commercial and industrial parcels in the Project Area RSG Page 13 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City cannot accommodate. Once these amenities are included, the small lot sizes yield development that is substantially below allowed floor -area -ratios (density) and cause new development to be incapable of supporting the going land values in the Project Area. Photo 11: Along Cleveland Avenue If companies cannot find a consolidated site for operations they use nearby sites and have to transport goods between the areas. This is an unsafe condition for other vehicles as well as the driver of the forklift. Photo 12: The staging of vehicles to be repaired on the sidewalk is shown in this picture of a property along 14th Street. Photo 13: Another instance of staging of vehicles to be repaired on the sidewalk. RSG Page 14 REPORT TO COUNCIL COMMUNITY DEVELOPMFNT COMMISSION City of National City Photo 14: Another instance of staging of vehicles to be repaired as well as the repair of vehicles on the sidewalk. Excessive site coverage can also hinder the economically viable use or capacity of buildings or lots. There are industrial buildings in the area which lack adequate floor space for inside manufacturing and storage. As operations overflow outside into already constrained parking areas, there is nowhere for the parking needs to be met, except for the already congested street area. Inadequate loading is another typical characteristic of properties with insufficient lot size. Often small lots must employ sidewalk and/or street loading due to the lack of adequate on -site space. Unloading in the right-of-way; impedes access to businesses, reduces vehicle sight lines for pedestrian and other vehicular traffic as well as restricts traffic flow creating a hazardous traffic condition. Photo 15: Along Cleveland Avenue, the loading area for this industrial building is inadequate to accommodate larger delivery vehicles such as the one pictured. This creates access issues for the other vehicles seeking to enter and exit the area. RSG Page 15 REPORT TO COUNCIL COMMUNITY DEVELOI'MEN1 COMMISSION City of National City Photo 16: The loading and delivery area for this industrial building along 14th Street is inadequate to accommodate larger delivery vehicles such as the one pictured. Photo 17: The loading area for this industrial building along Cleveland Avenue shows signs of inadequate space. Outdoor storage and manufacturing is common throughout the Project Area for both commercial and industrial properties. Commercial properties often use outdoor storage for excess materials, trash and other items. The presence of outdoor storage is an indicator that the existing building stock provides inadequate building space for existing business activities. Businesses are using temporary canvas tarp (tent) buildings as permanent additions to existing areas for outdoor manufacturing and production. The 2007 Amendment will provide the CDC with a tool to assemble adequately sized properties, in which site development can meet modern market standards. RSG Page 16 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 18: Along Tidelands Avenue, this photo depicts the use of outdoor areas for storage of materials. Photo 19: This photo indicates outdoor storage of materials on a property along Civic Center Drive. Photo 20: This photo indicates outdoor storage of materials on a property along Civic Center Drive. RSG Page 17 REPORT TO COUNCIL COMMUNITY OEVEI OPMENT COMMISSION City of National City Photo 21: Along McKinley Avenue This photo indicates outdoor storage of materials. Code Enforcement Violations Violations of local or state building codes are a blighting condition identified under Section 33031(a) of the Law. Buildings and structures that do not meet current uniform building requirements, or other local codes mandated to ensure human health and safety, pose a threat to the workers, patrons, and residents of an area. Based on discussions with City staff, most code enforcement cases require at least one, if not two to three additional follow up visits to make sure the violation is not reoccurring. The following is a list of code violations observed by City staff in the commercial and industrial corridors of the properties affected by the 2007 Amendment: • Unsafe wiring such as extension cords being used as permanent wiring, this fire hazard was typically observed in residential structures converted to commercial and industrial uses: • Public right-of-way (streets and sidewalks) being used for manufacturing and repair area, particularly for auto related businesses, which leads to manufacturing debris and pollution being left in the public right-of-way and a hazard to pedestrians; • Due to overcrowding on street parking in commercial and industrial areas, commercial and industrial vehicles are stored on nearby residential streets. Small parcel size also leads to parking of vehicles on grass and other non -paved surfaces, which has contributed to environmental contamination of the Project Area; • Public streets being used for loading and unloading of merchandise, usually blocking or impairing traffic, which is a safety hazard for drivers and pedestrians; • Canvass or plastic tarps were often observed being used as Tong -term roof covering or to creating an unsafe building addition as well as permanent outdoor work areas; RSG Page 18 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City ■ Inadequate securing of trash in dumpster enclosures leads to unsanitary conditions; • Illegal dumping of trash (including vehicles) was observed throughout the Project Area, particularly on vacant property or abandoned commercial and industrial properties; • Residential structures converted to non-residential uses without proper permits. Without proper permitting/inspections residential structures cannot be properly evaluated if they are suitable for industrial conversion. For example, multiple residential structures that were being used for commercial/industrial uses were observed to have excessive storage facilities (over 120 square feet of area) in the dedicated setback area, creating a fire hazard; • Outdoor chemical usage in addition, to toxic manufacturing with exhaust and particle venting not to code. This was often observed with outdoor auto repair shops, which in multiple cases are next to residential uses; It is important to note that if all code enforcement violations were corrected in the properties affected by the 2007 Amendment, blighting factors such as environmental contamination, flooding, inadequately sized parcels and unsafe traffic conditions would still remain and the 2007 Amendment would still be justified and beneficial for the Project Area. ECONOMIC CONDITIONS THAT CAUSE BLIGHT The preceding section discussed physical conditions, which are indicators of physical blight within the proposed 2007 Amendment Area. This section will present existing economic conditions that are indicative of blight. To accurately represent existing economic conditions, the 2007 Amendment Area has been analyzed and information has been gathered from the City, the County, and private sources to document the deteriorating economic conditions of the 2007 Amendment Area. The primary economic blighting conditions noted in the 2007 Amendment Area were low lease rates, impaired property values due in part to hazardous wastes, and high crime rates. Lease Rates Based on real estate market publications, the Project Area has an average lease rate of $1.25 per square foot for retail properties, which is $0.88 per square foot lower than surrounding markets. Office lease rates are generally $1.98 per square foot or $0.35 - $0.44 per square foot lower than surrounding markets. Overall lease rates within the Project Area tend to be lower than in the surrounding markets because the buildings in the Project Area are older and lack amenities and do not provide opportunities for expansion. Table B-2 shows retail and office lease rates for the Project Area are in the low range when compared to the City of Chula Vista and the County average. RSG Page 19 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Lease Rates TABLE B-2 National City Community Development Commission Lease Rate Office Retail National City Chula Vista San Diego County Source: Grubb & Ellis $1.98 $2.33 $2.42 $1.25 $2.13 $2.13 According to real estate professionals there are a number of issues that act in concert to impede the economic success of real estate within the some of the older industrial and commercial corridors of the Project Area. For example, when the area developed, the standards for industrial development allowed for smaller lot sizes than would be permitted today and reduced set -backs from other properties. It was also noted that the age of many industrial and commercial buildings renders them obsolete in today's market. Deficiencies mentioned include: Small building size; Lack of parking on -site and off-street; Lack of access to industrial sites; Lack of other amenities or inadequate amenities such as loading and storage; Low ceiling heights which restrict indoor operations and lead to outdoor manufacturing and/or storage. The overall lack of amenities offered by a majority of industrial and commercial properties in the Project Area attracts less desirable uses which impacts the rents landowners are able to charge. Lower lease rates generally result in little net income to reinvest in buildings to improve their condition. An adequate revenue stream is necessary to enable property owners to perform routine maintenance of their properties. Without funding for repairs, deferred maintenance issues could become health and safety concerns. This may be especially true for older buildings. Impaired Property Values Due in Significant Part to Hazardous Waste The Project Area has multiple locations of environmental concern, most of these sites are found in the area affected by the 2007 Amendment, particularly the Harbor District. Generally there are three land -uses generating environmental contamination in the 2007 Amendment area; large industrial uses (particularly in the Harbor District) along with auto repair facilities, and small-scale industrial manufacturing. The Harbor District is approximately 300 acres of industrial and distribution area at the western edge of the Project Area between Interstate 5 and the San Diego Unified Port District ("Port District") Property along San Diego Bay. In 2003 the CDC undertook a Brownfield's Grant Study Project ("Study Project") with the United States Environmental Protection Agency to determine the extent of the pollution in the Harbor District. The Study Project divided the Harbor District into thirteen (13) sites for individual analysis and concluded that each of the sites likely suffered from hazardous materials contamination, while for some sites there was positive confirmation of contaminated soil and groundwater. RSG Page 20 REPORT TO COUNCIL COMMUNII Y DEVELOPMENT COMMISSION City of National City Historically the Harbor District was developed between 1885 and 1925 as a railroad staging area for transferring goods to ships on San Diego Bay. Industrial uses in the Harbor District over the last 100 years include: oil recycling and other oil distribution/refining facilities that used underground and aboveground storage tanks (including several gas stations), an ordnance company, aircraft parts manufacturer, a battery manufacturer, tank cleaning businesses, automotive servicing (including wreckers), machine and lumber storage, tool machining and metal fabrication, finishing and plating companies and gravel operations. At the time some of these businesses operated protective environmental regulations that are in place today did not exist. According to the Study Project many of these uses have resulted in the following types of pollution: soil and groundwater contamination with oils, lubricants, solvents, lead, and asbestos, PCBs, corrosives, petroleum hydrocarbons, metals and volatile organic compounds (`VOC's"). Many of these uses generated hazardous wastes that in several cases were illegally disposed of onsite. At least 10 monitoring wells have been installed in the Harbor District to investigate subsurface conditions, with elevated petroleum hydrocarbons having been detected in soil as well as the presence of petroleum hydrocarbons, metals and VOCs confirmed in groundwater monitoring wells. In addition, data obtained in connection with the Study Project shows that environmental sites requiring remedial investigation or that have recently undergone remedial action are highly concentrated in the Project Area. Available data for said environmental sites includes properties for which investigation and/or clean-up efforts are headed by one of the following lead agencies; San Diego Department of Environmental Health, California Regional Water Quality Control Board, and the California Department of Toxic Substances Control. Furthermore, according to environmental attomeys involved with the Study Project and the creation of the City's Brownfield Redevelopment Information System, sites located within the 2007 Amendment Area that have already undergone remedial action are not necessarily presumed suitable for all uses. While the CDC currently has eminent domain authority in the Harbor District and along National City Blvd, it is set to expire in July of 2007 and the 2007 Amendment would extend the CDC's eminent domain authority until 2019 to assist, if necessary, in the clean up of these properties. Photo 22: This Property along National City Boulevard suffers from environmental contamination and cannot be built upon for the foreseeable future. Storage activities are the only usage this site is able to maintain until the pollution subsides and the ground stops sinking. RSG Page 21 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 23: Along Bay Marina Drive this site suffers from environmental contamination and is under remediation. However remediation does not guaranty that the site can be built upon in the foreseeable future. The National City Fire Department ("Fire Department") in conjunction with the County issues permits for businesses handling hazardous materials ("Haz-Mat"). Currently, there are approximately 343 Haz-Mat permits in the City, with a high percentage of these being issued in the commercial and industrial corridors of the 2007 Amendment area. Fire Department staff believes the number of actual hazardous materials users or businesses with Haz-Mat permits that do not list all of the hazardous materials used on site, is often times much higher than the actual number of permits issued. During the time period between April 2006 and April 2007, the National City Fire Department responded to 15 Haz-Mat and hazardous release investigation calls inside the 2007 Amendment area. Outdoor manufacturing is a cause of hazardous materials being released in the outside environment, particularly with automobile related businesses. Many auto body shops were observed to be doing grinding of parts and spraying of toxic materials outside. This practice sends these hazardous materials airborne, often to surrounding residents. When these contaminants settle to the ground they either soak into the soil or run into the storm drains as contaminated urban runoff. This runoff eventually finds its way into San Diego Bay. Further, contributing to these conditions are some of the storage practices for chemicals and debris observed during the field survey. Approximately 40% of properties were found to have signs of garbage, debris, stagnant water and/or combustible materials on site. Outdoor storage while being unsightly is also dangerous as holding containers are subjected to weather elements and decompose more rapidly. Numerous substandard building additions were observed to be used for hazardous materials storage. Many of these sheds are made of plywood or canvass tarps that in and of themselves present a fire hazard, but when these substandard structures are combined with hazardous materials storage and usage, it become a significant environmental and fire hazard to the surrounding structures many of which are residential. RSG Page 22 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Crime A high crime rate that constitutes a serious threat to public safety and welfare is a condition of economic blight. In order to assess the impact of crime within the Project Area, information regarding the incidence of violent and other serious property crime reported by the National City Police Department was analyzed. All police agencies in the County report their crime statistics to the Automated Regional Justice Information System ("ARJIS"), which is a regionally standardized system that enables comparison of the number of crimes reported by jurisdictions across the County. ARJIS reports to the same categories as the nationally recognized Federal Bureau of Investigation ("FBI") Crime Index. The Index includes four violent offenses (willful homicide, forcible rape, robbery, and aggravated assault) and three types of property crimes (burglary, larceny theft, and motor vehicle theft). The offenses included in the FBI Index were selected due to their serious nature and/or volume, as well as the probability that these crimes will be reported to the police. Crime rates in Table B-3 were computed by occurrence per 1,000 persons using San Diego Association of Government 2006 population estimates. The regional crime rate based on ARJIS incorporates both local jurisdictions and unincorporated areas in the County. The 2006 County crime rate based upon ARJIS is 34.2 crimes per 1,000 persons. The 2006 crime rate for the Cities of Chula Vista and San Diego are 35.8 and 39.4 respectively. The 2006 crime rate in National City is 47.4 per 1,000 or 39% higher than the County average and 32% and 20% higher than the Cities of Chula Vista and San Diego respectively. The table on the following page uses data from the 2006 calendar year for all jurisdictions. In addition to having the highest overall crime rate in 2006, National City's crime rates were higher for the following individual categories; robbery, aggravated assault, burglary, and motor vehicle theft. The City had the second highest theft rate and similar murder and rape rates as the rest of the County. Due to the reporting format of ARJIS, crime data for National City is city-wide, which is larger than the proposed 2007 Amendment area. However, it is furthermore determined that a disproportionate share of the City's crime occurs within the boundaries of the 2007 Amendment Area. With the assistance of National City Police Department crime analysts, it is presumed that approximately 12.6% of the City's total reported crimes occurred within the boundaries of the 2007 Amendment area even though the area only constitutes approximately 8.5% of the City's total area PARCELS NEEDED FOR EFFECTIVE REDEVELOPMENT Section 33321 of the Law states that a project area need not be restricted to buildings and properties that are detrimental to the public health safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A project area may include lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area. Areas cannot be included for the sole purpose of obtaining the allocation of tax increment revenue but must have substantial justification that they are necessary for effective redevelopment. RSG Page 23 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City This Report documents that in the area affected by the 2007 Amendment there are parcels that do not exhibit blighting conditions but that they are interspersed with parcels that are blighted and necessitate inclusion in the 2007 Amendment area. The number of and severity of blighted parcels in the Project Area negatively affects the non -blighted parcels because of their appearance and proximity. In addition, there are certain types of blighting conditions that cannot be directly linked to a particular parcel such as substandard on -street parking, which is a cumulative factor. If only parcels that exhibited blighting conditions were included, the 2007 Amendment would not be a contiguous area. The intention of the CDC through the 2007 Amendment is to facilitate rehabilitation programs that will cure health and safety issues and improving the appearance of the Project Area. PIIYSICAL AND ECONOMIC BURDEN ON COMMUNITY When evaluated in whole, the numerous physical and economic conditions described in this section of the Report are a serious physical and economic burden on the community. This burden cannot reasonably be expected to be reversed or alleviated by private enterprise and/or existing governmental authority, without the 2007 Amendment. A summary of the issues includes: • The documented presence of environmental contamination in the industrial corridors of the Project Area, causes safety hazards to area occupants and the cost of removal of these substances increases rehabilitation costs. These conditions are an economic burden on the community as property owners choose to maintain obsolete buildings on polluted sites, instead of pursuing new development which would likely require an expensive cleanup of pollutants. • Obsolete buildings attract lower commercial and industrial lease rates, which provide Tess revenue for property owners to make regular repairs and upgrades. Without periodic maintenance, buildings become deteriorated or even dilapidated due to lack of reinvestment in the properties. • The higher crime rates in the City/Project Area require more calls for service which increases municipal costs and creates an additional burden on community services as public resources are diverted. • Incompatible adjacent uses where commercial and/or industrial properties are directly adjacent to residential uses could subject residents to toxic dust created by outdoor industrial repairs and production. • Response -based code enforcement is unable to address all of the health and safety code violations that exist in the commercial and industrial corridors of the Project Area. The added municipal cost of code enforcement activity is also a burden on the community as municipal resources are diverted from other programs to address code violations. • Inadequate lot size compounds blighting conditions in the Project Area, as these parcels are not of adequate area to accommodate the necessary parking and RSG Page 24 REPORT TO COUNCIL COMMUNITY DEVELOPMFNT COMMISSION City of National City loading amenities, while maintaining safe access to the site. Redevelopment of the small sized parcels in the Project Area is not economically viable for private development, which results in a lack of investment in new development that continues to negatively impacting the surrounding community. The extension of eminent domain authority would provide another tool to assist the CDC in correction of these and other blighting conditions for the properties affected by the 2007 Amendment. The private marketplace has not been successful in achieving the needed lot consolidations for new development due to limited number of property owners willing to enter into negotiations. Utilizing eminent domain would provide the CDC with a greater ability to achieve the Redevelopment Plan goals. The 2007 Amendment would provide the CDC with the ability to rectify the inadequately sized properties, improve circulation, make improvements to the commercial and industrial properties and remove substandard dilapidated buildings. RSG Page 25 SECTION C Five -Year Implementation Plan On June 14, 2005, the CDC adopted its current Five -Year Implementation Plan ("Implementation Plan") for the Project Area. The Implementation Plan was prepared pursuant to Section 33490 of the Law and contains specific goals and objectives for the Project Area, the specific projects, and expenditures to be made during the five-year planning period, and an explanation of how these goals, objectives and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by the proposed 2007 Amendment. The Implementation Plan is incorporated herein by reference. RSG Page 26 SECTION D Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the CDC's use of Financing Alternatives other than Tax Increment Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the CDC's use of financing alternatives other than tax increment financing. This information was previously provided in the supporting documentation prepared and provided at the time of the adoption of the existing Project Area. The 2007 Amendment will not make any changes that would affect the validity of the previously prepared documentation supporting the need for tax increment. RSG Page 27 SECTION E Method of Financing The method of financing redevelopment activities was provided in the Original Reports when the Project Area was adopted. The 2007 Amendment will not alter the Project Area boundaries, affect the base year value or change the proposed method of financing. Therefore the 2007 Amendment does not warrant that the method of financing be reviewed. RSG Page 28 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City SECTION F Method of Relocation Sections 33352(f) and 33411 of the Law require the CDC to prepare a method or plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities located within the Project Area. The Law also requires a relocation plan when nonprofit local community institutions are to be temporarily or permanently displaced from facilities actually used for institutional purposes in said Project Area. In addition, the Law requires relocation assistance for commercial and industrial businesses displaced by redevelopment activities. The CDC has previously approved the Relocation of Persons Displaced ("Method of Relocation"), which was amended on July 18, 1995. The final Method of Relocation is incorporated herein by reference and is on file with the Secretary of the CDC. PSG Page 29 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City SECTION G Analysis Of The Preliminary Plan An analysis of the Preliminary Plan was provided in the supporting documentation prepared at the time the Project Area was adopted. Pursuant to Section 33457.1 of the Law, because the analysis of the Preliminary Plan remains the same and is not affected by the 2007 Amendment, additional analysis is not required. SECTION H Report And Recommendation Of The Planning Commission Section 33352(h) of the Law requires inclusion of a report and recommendation of the National City Planning Commission ("Planning Commission"). The report and recommendation of the Planning Commission was provided in the supporting documentation prepared at the time the Project Area was adopted. The CDC did not request a new report and recommendation from the Planning Commission for the 2007 Amendment, because it does not affect the Plan's land use provisions and it was previously determined that the existing Plan was in conformance with the adopted General Plan of National City. Therefore, it was not necessary to require the Planning Commission to make additional findings. SECTION I Report Of The Project Area Committee Pursuant to the Law, a redevelopment agency shall call upon the property owners, residents, business tenants and existing community organizations in a redevelopment project area, or amendment area, to form a project area committee ("PAC") if: (1) granting the authority to the agency (CDC) to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate -income persons reside; or (2) add territory in which a substantial number of low- and moderate -income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. The CDC did not form a PAC because the 2007 Amendment specifically excludes properties that are used for residential purposes, and no projects or programs have been identified that will displace low- and moderate -income persons. Therefore, it was not necessary to form a PAC pursuant to Section 33385.3 for the purposes of making additional findings. RSG Page 30 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City SECTION J General Plan Conformance The 2007 Amendment does not contain provisions which would alter land use designations, nor does the proposed 2007 Amendment affect the land use provisions of the Plan. Information that determined the Plan was in conformance with the General Plan was provided in the documentation prepared at the time the Project Area was adopted. Therefore, Section 33352(j) of the Law requiring a report of General Plan conformance per Section 65402 of the Government Code is not required. SECTION K Environmental Documentation Section 33352(k) of the Law requires environmental documentation to be prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption of the Plan and the subsequent amendments, the CDC undertook appropriate environmental documentation as necessary. For the 2007 Amendment, a Negative Declaration (Initial Study) was prepared pursuant to California Environmental Quality Act guidelines, which found that the proposed 2007 Amendment to extend eminent domain authority would not have a significant adverse impact on the environment. A copy of the Negative Declaration follows as Attachment 3. SECTION L Report of the County Fiscal Officer The proposed 2007 Amendment will not enlarge the Project Area; therefore, it is not necessary for the CDC to request a base year report from the County of San Diego pursuant to section 33328 of the Law. Project Area fiscal information was provided in the supporting documentation prepared and provided at the time the Project Area was adopted. Because the proposed 2007 Amendment will not alter the boundaries of the Project Area, this report is not needed or required. RSG Page 31 REPORT TO COUNCIL COMMUNITY DEVELOPMCNT COMMISSION City of National City SECTION M Neighborhood Impact Report Section 33352(m) of the Law requires the inclusion of a Neighborhood Impact Report. This information is presented in the Original Reports that were prepared and provided at the time Project Area was adopted. Because the proposed 2007 Amendment will not enlarge the Project Area; pursuant to Section 33457.1 of the Law no additional analysis would be appropriate or required. SECTION N Summary of the Agency Consultation with Affected Taxing Agencies Because the 2007 Amendment does not add area to the Project Area, submission of a request to the County to prepare a report pursuant to Section 33328 of the Law was not required or appropriate. Therefore, a summary of this report is not included. With regard to consultations, the taxing agencies received all notices regarding the 2007 Amendment and they were invited to contact the CDC Executive Director regarding the 2007 Amendment. The 2007 Amendment does not affect the financing in any way nor does it change land uses or public improvement projects. RSG Page 32 APPENDICES ATTACHMENT 1 — PROJECT AREA MAP WITH CURRENT EMINENT DOMAIN See attached Project Area Map following this page, with eminent domain authority as proposed by the 2007 Amendment. Attachment 1 illustrates the Project Area boundaries and identifies the properties affected by the proposed 2007 Amendment to extend eminent domain authority by an additional twelve years. RSG Page 33 APPENDICES ATTACIIMENT 2 — NEGATIVE DECLARATION See attached Negative Declaration following this page. RSG Page 34 Attachment 1 --(Westside Areas If" CITY OF SAN DIEGO 1 . nr• _ fte.J.r 1Y ii a. munniJ itm 111111/111 I OI111�IIIR 11 .... 11 . 111i111 miinnnf ■EIID MUM RIME'� NATIONAL Palm Ave �J 1L,1„III "'MN gid�l3yl ui E_ 8th Street Corridor _ 1 :°�1 Hill -TM © 'AA IT ,:,��IIII1 lllll Ili ..... I I�IIIIIti 1 IIMINN =A ■Ins tlil ' uIt I :■I u 1.1 EMI Ill uwl= iii m§ so ' nlnnllIIIII l - 111111 Plaza Blvd Highland Ave 30th St/Sweetwater A CHULA VISTA National City Redevelopment Project - Parcels Subject to the 2007 Amendment Project Area Boundary Existing Eminent Domain Authority = Municipal Boundary ..125 025 c„ Attachment 2 Community Development Commission of National City 1243 National City Boulevard National City, California 91950-3312 Telephone (619) 336-4250 Fax (619) 336-4286 CALIFORNIA ENVIRONMENTAL QUALITY ACT Redevelopment Plan Amendment 2007 - Negative Declaration A. INTRODUCTION The Community Development Commission of the City of National City (the "CDC") prepared a Negative Declaration for the proposed 2007 Redevelopment Plan Amendment to extend the authority to use eminent domain. The CDC proposes to extend the CDC's existing authority to acquire property, as a last resort, through eminent domain to vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area. The current exemption for single family residences would be expanded so that all housing uses, whether single-family or multi -family, are specifically excluded from the use of eminent domain. The Commission currently has the authority to acquire property through eminent domain until July 18, 2007 in the following areas: • Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • Properties Located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • Properties located immediately west and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • Properties west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. This amendment will extend the Commission's authority to acquire property through eminent domain within these areas until 2019. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. The 2007 Amendment will also change the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses, as well as revising Exhibit C — "Public Facilities/Infrastructure Improvement Projects". No other changes to the Redevelopment Plan for the National City Redevelopment Project are included in this amendment. Community Development Commission of National City — Negative Declaration Page 1 Extension of the Authority to Use Eminent Domain The Negative Declaration for the 2007 Amendment evaluated the potential environmental impacts that could occur with making the proposed amendments to the existing Redevelopment Plan. The Negative Declaration was mailed for a 20-day public review period beginning June 7, 2007 and is scheduled to end on June 27, 2007. Comments on the 2007 Redevelopment Plan Amendment Negative Declaration should be submitted during this public review period. The Negative Declaration will be considered for approval July 3, 2007. The commercial and industrial properties within the Project Area that are now subject to the use of eminent domain are shown on the attached map. The change to the 2007 Redevelopment Plan Amendment to extend the eminent domain time limit in the existing project area, revising Exhibit D to exclude all residential. land uses, revising the transportation center section and revising Exhibit C — public facilities and infrastructure is now referred to as the 2007 Redevelopment Plan Amendment, which reflects the stated change. B. CEQA PROVISIONS As stated above, a Negative Declaration was prepared for the 2007 Redevelopment Plan Amendment pursuant to Section 15070 of the California Environmental Quality Act Guidelines (CEQA Guidelines). The revision to the 2007 Amendment is now reflected by the 2007 Amendment, which did not cause or generate any significant effects. C. ENVIRONMENTAL DETERMINATION The Negative Declaration did not identify any significant or adverse environmental impacts associated with the extension of the eminent domain time limit in the existing project area, revising Exhibit D to exclude all residential land uses, revising the transportation center section and revising Exhibit C — public facilities and infrastructure. Pursuant to CEQA Guidelines Section 15073.5(c)(2), the Negative Declaration is adequate in its analysis of the 2007 Redevelopment Plan Amendment. Community Development Commission of National City - Negative Declaration Page 2 Extension of the Authority to Use Eminent Domain City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. 16 rITEM TITLE Public Hearing — Planned Development Permit to Construct a Single-family Residence on a 12,200 Square foot Lot Containing an Existing Residence at 2901 Leonard Street. Applicant: Roy Di Stefano, Case File No. PD-2006-4, APN 564-071-09 PREPARED BY Peggy Chapin, 336-4319i DEPARTMENT Planning EXPLANATION The Planning Commission approved the Planned Development Permit on April 2, 2007. The Council set the project for hearing on April 17, 2007. On May 15, 2007, the City Council advised the applicant to redesign the project and continued the item for 30 days. The applicant has advised staff that the plans are not ready for review and requests a two week delay, until July 10, 2007. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION IR C That the hearing be continued to the meeting of July 10, 2007. BOARD / COMMISSION RECOMMENDATION The Planning Commission Approved the Planned Development Permit on April 2, 2006. Ayes - Alvarado, Baca, Carrillo, De LaPaz, Flores, Pruitt Nayes: Reynolds ATTACHMENTS ( Listed Below) Resolution No. A-200 (9/99) City of National City, California COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE .tune 19.2007 AGENDA ITEM NO. 17 M TITLE Joint Public Hearing Regarding the 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project and Related Negative Declaration PREPARED BY opDEPARTMENT Patricia Beard, Rede ment Manager Community Development Commission (ext 4255) EXPLANATION The Community Development Commission ("CDC") is proposing an amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007 Amendment") to: extend the CDC's authority to acquire property through eminent domain for certain commercial and industrial zoned properties until 2019, to modify the redevelopment plan text as it pertains to redevelopment actions and permitted land uses, revise the Public Facilities and Infrastructure Improvement Projects exhibit, and change the current exclusion of eminent domain on single-family homes to include all residential land uses. Prior to considering the 2007 Amendment, the California Community Redevelopment Law requires that the CDC and the City Council hold a public hearing to receive testimony both for and against the 2007 Amendment. Staff recommends that both bodies consider the actions listed in this report to approve and accept the CDC's Report to Council, open the joint public hearing, receive a staff report, receive public testimony, and then close the public hearing. Consideration of the Ks._ environmental Negative Declaration and the ordinance required to adopt the 2007 Amendment will occur at the July 3, 2007 CDC and City Council meetings. Environmental Review A Negative Declaration was prepared in accordance with the provisions of CEQA and will be certified by separate resolutions of the City Council and CDC prior to considering the ordinance that approves the 2007 Amendment. Financial Statement There are no immediate or direct fiscal impacts associated with the recommendations. However, implementation of the 2007 Amendment may result in future CDC expenditures. STAFF RECOMMENDATIONS Account No. The attached Recommendations and Background Report presents staff's recommendations. ATTACHMENTS 1. Recommendations and Background Report 2. Map A-200 (9/80) Attachment 1 Recommendations and Background Report Staff Recommendation: Staff recommends that the City Council of the City of National City ("City Council") and the Community Development Commission ("CDC") take the following actions: Prior to Convening the Joint Meeting and Opening the Joint Public Hearing: 1. CDC: Adopt CDC Resolution No. approving and adopting the Report to City Council and authorizing its transmittal along with the 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project to the City Council. 2. City Council: Consider City Council Resolution No.___ accepting the Report to City Council and the 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project. During the Joint Meeting and Joint Public Hearing: 1. Mayor: call joint meeting to order. 2. Mayor: open public hearing. 3. Executive Director or designee: present staff report. 4. Consultant: summarize Report to Council and Negative Declaration. 5. Mayor: call for public testimony - receive oral and written testimony. 6. Mayor: close joint public hearing. 7. Mayor: direct staff to prepare written responses to written objections submitted prior to and during the joint public hearing for consideration on July 3, 2007. At the July 3, 2007 Joint Meeting: 1. CDC: adopt resolution certifying the Negative Declaration for the 2007 Amendment. 2. City Council: adopt resolution certifying the Negative Declaration for the 2007 Amendment. 3. City Council: consider and adopt written responses to written objections. 4. CDC: consider and adopt a resolution approving the 2007 Amendment. 5. City Council: introduce by title only and waive first reading of Ordinance No._ approving the 2007 Amendment. Fiscal Impact: The staff recommendations will have no impact on the City of National City General Fund. However, implementation of the 2007 Amendment may result in future impacts on the CDC's budget. Environmental Impact: The CDC has followed the appropriate environmental review process, pursuant to the California Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000, et. seq.), with respect to the proposed 2007 Amendment. A negative declaration, including an initial study, has been prepared for the 2007 Amendment and is being circulated for a 20 day public review; the review period commenced on June 7, 2007, and will end on June 27, 2007. The Negative Declaration is provided as Attachment 2 to the CDC's Report to City Council which was provided via a separate staff report. The City Council and CDC will consider certification of the Negative Declaration at the July 3, 2007 joint meeting. Discussion: The CDC is processing the 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan")_ As proposed, the 2007 Amendment would modify the following provisions: • Extend the existing authority to acquire property, as a last resort, through eminent domain for vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area ("Project Area"). The current exemption for single family residences would remain and be expanded so that all residential uses, whether single-family or multi -family, are specifically excluded from the use of eminent domain. The time period to use eminent domain would be extended to 2019. The CDC currently has the authority to acquire property through eminent domain in the following areas: ✓ Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. ✓ Properties located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. ✓ Properties located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. ✓ Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. ✓ Properties located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. ✓ Properties west of Interstate 5, excepting the San Diego Unified Port District property. V Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. • Adds a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without of the Project Area pursuant to California Community Redevelopment Law ("CRL") Section 33445. • Modifies Section VII (c) of the Redevelopment Plan to allow used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. • Revises Exhibit C of the Redevelopment Plan — "Public Facilities/Infrastructure Improvement Projects" to clarify the objectives for the listed projects, eliminates the street names identified under the Street Improvements project and adds a project entitled Public Safety and Security which provides physical and technological enhancements to enhance public safety and protection. Examples of such improvements may include but are not limited to fencing of properties, the rehabilitation or construction of police storefronts, physical and technological improvements at Police Station(s) and Fire Stations within the Project Area. • The 2007 Amendment will change the current exclusion of eminent domain on single-family homes (Exhibit D of the Redevelopment Plan) to include all residential land uses. No other changes to the Redevelopment Plan are proposed by the 2007 Amendment. The California Community Redevelopment Law requires that the City Council and CDC hold public hearings prior to considering the 2007 Amendment to hear all testimony for and against the proposed amendment. When a city council serves as the governing board of the redevelopment agency (or community development commission) the Law provides that both bodies may hold a joint public hearing to receive testimony on a redevelopment plan amendment. On April 17, 2007, the CDC set and the City Council consented to a joint public hearing with the CDC, and authorized staff to notice the hearing. The joint public hearing notice must be published in a newspaper of general circulation not less than once a week for three (3) successive weeks prior to the hearing, and be mailed to all affected taxing agencies via certified mail, return receipt requested. Further, the joint public hearing notice must be mailed to all affected property owners, businesses, and residents at least 30 days prior to the hearing via first-class mail. The joint public hearing notice was: 1) published in the San Diego Union -Tribune and the National City Star News on June 1st, June 8th, and June 15th, 2007; 2) mailed to all affected taxing agencies via certified mail and return receipt requested on May 10, 2007; 3) mailed to all affected property owners, businesses, and residents via first class mail on May 11, 2007; and 4) posted at the City Hall and other community facilities serving the Project Area. The CDC prepared a Report to the City Council that details the rational for the 2007 Amendment, identifies the physical and economic blighting conditions that continue to exist in the Project Area and serves as the factual basis for the 2007 Amendment. The 2007 Amendment and all supporting documents have been prepared pursuant to the California Community Redevelopment Law. Staff recommends that the CDC and City Council hold the joint public hearing. Upon receiving all testimony, staff recommends that both bodies close the joint public hearing and defer action on the 2007 Amendment to July 3, 2007. Attachment 2 I? =11..11':- IILS g�.1111.111 •�1 j1 aul• uuull nl 1lnuna,vu;�p vul�n,; ww;inlhll< tt�t.l% •II: f1a ..u11 ;; 11111f i111.1a1: .l allllll enh lul` ,! !� 'IIP�' �„R'IIPI 1:PnY Jl;i ai 1 11111''1111111111111, 1111111111111-_ IIIIIIIIIII!• =ma 1 . uulu•11u1 lulu National City Redevelopment Project - Parcels Subject to the 2007 Amendment QProject Area Boundary - 2007 Amendment Area MMunicipal Boundary 0 0 on U]5 15 JOINT PUBLIC HEARING PROCEDURES 2007 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN Hearing Date: June 19, 2007 Subject: 2007 Amendment to the National City Redevelopment Plan Prior to Joint Public Hearing: • CDC takes up item: approving and transmitting to Council and the proposed 2007 Amended Plan. CDC Board approves Resolution No. to City Council on the 2007 Amendment • City Council takes up item: Accepting Report to Amended Plan. Y City Council approves Resolution No. ___ City Council and the 2007 Amended Plan. Joint Meeting and Public Hearing: City Council the CDC's Report to City approving and transmitting the Report City Council and the proposed 2007 acknowledging receipt of the Report to • Call into joint session both City Council and Community Development Commission ("CDC") to consider the 2007 Amendment to the National City Redevelopment Plan and Negative Declaration related thereto. Y Mayor: As the presiding officer for this joint meeting of the City Council and the CDC, this meeting is hereby convened and will come to order. The record will reflect that all members of the City Council and CDC are present together with the staff. • Mayor introduces order of procedure for the joint public hearing: Y Staff and consultants will present staff report relating to 2007 Amendment. ▪ City Council/CDC will acknowledge receipt and enter into record any written correspondence received prior to joint public hearing noting whether the written correspondence was for or against adopting the 2007 Amendment. City Council/CDC will receive any written evidence or oral testimony from audience concerning the 2007 Amendment. After oral comments, questions, and answers the public testimony portion of joint public hearing will be closed. • Mayor announces that this is time and place for the joint public hearing on the 2007 Amendment Page 1 Mayor opens the joint public hearing. ▪ Mayor introduces the Executive Director. i= Executive Director or his designee presents: o Staff report and reasons for 2007 Amendment. o Summary of CDC's Report to City Council and negative declaration. o Introduces staff and consultants that are available to address questions. City Clerk acknowledges all notices have been provided for joint public hearing and submits affidavits of mailing and publication into joint public hearing record. ▪ Mayor indicates that if there are no objections the Redevelopment Plan and Negative Declaration are accepted in evidence. Y Mayor asks the City Clerk to enter into record any written correspondence received prior to hearing. Mayor calls for testimony from members of public and states rules governing public testimony. ➢ Testimony received. ➢ Mayor closes joint public hearing. ➢ Staff provides summary comments and responds to oral testimony. • IF WRITTEN OBJECTIONS ARE RECEIVED BEFORE OR DURING THE JOINT PUBILC HEARING: • Mayor authorizes and directs staff, consultants, and legal counsel to prepare written responses to written objections received from taxing agencies and affected property owners and present such responses to the City Council for consideration at the July 3, 2007 continued joint meeting. City Council introduces and waives first reading of Ordinance No. approving the 2007 Amendment. Continue joint meeting on July 3`d, 2007. • IF NO WRITTEN OBJECTIONS ARE RECEIVED BEFORE OR DURING THE JOINT PUBLIC HEARING: ➢ Move to read Ordinance No. by number and title only and waive further reading. Introduce Ordinance on first reading to amend the Redevelopment Plan for the National City Redevelopment Project. Y Continue joint meeting on July 3rd, 2007 Actions to be taken at the Continued Joint Meeting on July 3`d, 2007: Page 2 • If written objections were received, the City Council and Agency consider and adopt written responses and findings to written objections. • City Council and CDC consider and adopt resolutions certifying the Negative Declaration for the 2007 Amendment. • CDC considers and adopts a resolution approving the 2007. • City Council adopts Ordinance No. approving the 2007 Amendment. Page 3 City of National City COUNCIL AGENDA STATEMENT 1a -MEETING DATE: June 19, 2007 AGENDA ITEM NO. ITEM TITLE: Request by InterAmerican College to use the MLK Community Center for a Graduation Luncheon on October 7, 2007 PREPARED BY: Rudy Lopez-" (619) 336-4560 DEPARTMENT Community Services EXPLANATION: lnterAmerican College has requested to use the Martin Luther King Community Center for their Graduation Luncheon on Sunday October 7, 2007 from 8:00 am to 1:00 pm. Their request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review N/A Financial Statement Approving the request for use will result in fees of $521.H0 plus $160 in refundable deposits. STAFF RECOMMENDATION Approve the request for use. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Facility Use Application City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council _ Facility Requested: please circle M North Roo King Jr. Building South Room Entire Facility Date(s) of Use: October 7, 2007 Kimball Senior Center Casa De Salud Day(s) of Use: Sunday Time of Use: From: 8 : 00 cigrenn To: 1 : 00 Type of Function/Activity: GRADUATION BRUNCH Name & Address of Organization/Group: InterAmerican Colle,e e INCLUDE SET-UP & CLEAN-UP TIME Is the event open to the public? YeS Non-profit organization: yes no Tax ID # 33-0590097 Anticipated Maximum Attendance: 100 Percentage of National City Residents 40% Will Admission be charged? NO Amount $ - Will this be a Fund Raising Event? NU Equipment Requested: 100 # of chairs 12 # of banquet tables Stage x Podium/Microphone tea" 11:r1, Use of Kitchen: x Yes No Use of Gas for Range and Oven: x Yes _ No Is the Use of Alcohol Requested? NO Will other paid services be used (Le., commercial caterer, DJ, Band, etc)? _ YES x NO Name: Phone: Name: Phone: 2 How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any Toss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations goveming said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED: 3/7/07 PRIM- NAME: Prof. Reymundo „SICNATttRe marin., ADDRESS OF APPLICANT: 140 W. 16th.. Street CITY, STATE, and ZIP CODE: National City CA 91950 PHONE: DAY (619)477- EVENING (619)477-6310 b310 EMAIL: rmarin@iacnc.edu FAX NUMBER: (619)477-7340 Please type or print clearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. CONTACT PERSON ON THE DAY OF THE EVENT: Dr. Maria Marin HOME PHONE: (619) 477-6310 CELL: (611 883-1627 Rental Amount Received: Deposit Amount: Check Community Services Staff On/y- Receipt Number: _ Deposit/Key Returned: Key Issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: InterAmerican College Person in charge of activity: Dr. Maria Mari n Address: 140 W. 16th Street, National City, CA. 91950 Telephone: ( 6 19) 477-6310 E-Mail: • drmarin@iacnc.edu City Facilities and/or property requested: Martin Luther King North Room Date(s) of use: Sunday October 7, 2007 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. cii.z.z.e,„0 //6.2.L,1 Signature. of Applicant Official Time Date Certificate of Insurance Approved by 3 Name and l i e 4 Safety/ Security Please describe your procedures for crowd control and internal security: This is a family luncheon for jraduates and their immediate family, College Professors are invited. We have never been required to have an officer 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: 5 Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: There is no alcohal :allowed or served. Organization must designate a person to ensure that alcohol is, being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES X.NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 6 Public Works Police Department _ Fire Department Community Services Building and Safety _ Engineering Risk Management _ Finance Department Planning Department Yes No Condition(s) of Approval Initial Specific Conditions of Approval: Date 01/09/2007 FRI 17:56 FAX ®002/003 ACORDTm. CERTIFICATE OF LIABILITY INSURANCE l DATE (MWDo/Yrr ) 03/09/2007 PRODUCER Plo,* (626)8i5.1550 Fax: (626)855.1557 CHARITY ONE INSURANCE AGENCY 680 E ALOSTA STE 211 AZUSA CA 91702 yercy Lick 0ES1017 INSURED INTERAMERICAN COLLEGE 140 W. 16TH STREET 1627 HOOVER AVE. NATIONAL CITY CA 91950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE GOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: St Paul Travelers Insurance Companies INSURER B: INSURER C- INSURER D: INSURER E ERAGES THE POLICIES DE INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE ANY REOUIREIAENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HERFN LS SUBJECT TO ALL POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FOR THE POLICY PERIOD TO WHICH T59S CERTIFICATE THE TERMS. EXCLUSIONS i POLICY iXPIA114N DATE IMWOONY) INDICATED. NOTWITHSTANDING MAY BE ISSUED OR AND CONDITIONS OF LIMITS SUCH INSR LTR AWL, INSRO TYPE OF INSURANCE POLICY NUMBER POLICY lif!CTNE DATE INWD NWW) GENERAL LIABILITY 6603757B02906 10/20/06 10/20/07 EACH OCCURRENCE 1 1,000,000 X COMMERCIAL GLNCPAL LIABILITY DAMAGE TO RENTED PB! Y6ES (FR eeu,renoe) f 100,000 CI AIMS MADE( X OCCUR MHO. EXP (Arty one person) S 10,000 A PERSONAL 8 AUV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENE AGGREGATEI IMIT APPI IFS PER. MtUDUC TS-CUMWOP AGG. $ 2,000,000 POLICY f } I JECT I ....1 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LRAIT __._ ANY AUTO (Ea SLONOOl) _-- ALL OWNED AUTOS .-- BODILY INJURY'_ -- (Per person) $ &CHECK/LW AUTOS HIRED AUTOS BODILY INJURY NOH.0WNEOAUI US (Per acu Oent) PROPERTY DAMAGE .._.. __. (Pan accident) 1 GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ AW AUTO OTHER THAN LA ACC $ AUTO ONLY. AGG S EXCESS I UMBRELLA LIABILITY EACH OCCURRCNCL S 7 OCCUR I 1 CLAIMS LADE AGGREGATE S DEDUCTIBLE $ RETENTION S — S WORKERSERS COMPENSATION AND NC STAID ITDHY i.TS I DINER EMPLOYERS' LIABILITY """---"---- - ANY PROPRILIONVTI PAAINELXELUVE C.L. EACH ACCIDENT b E.L DISEA;F• FA EMPLOYEE $ 01T10ER II TIER aSCLUOEDI R yIN, AN[AM w,ar SPECIAL PROVISIONS Awe. E. L. DISEASE• POLICY LIMIT S OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS THE CITY OF NATIONAL CITY, ITS OFFICIAL, AGENTS AND EMPLOYEES ARE HEREBY NAMED AS ADDITIONAL INSURED WITH RESPECTS TO CLAIMS ARISING OUT OF THE NAMED INSUREDS OPERATIONS WHILE PERMITTING THE USE OF THE "MARTIN LUTHER KING JR. BUILDING EFFECTIVE OCTOBER' 2007 CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA. 91950 SHOULD ANY OF THE ABOVE DESCRIBED .POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL. 1D DAYS WHII TEN NOI ICE 10 THE CERTIFICATE HOI OF NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBL IGATION OH L!ABUT Y OF ANY KIND UPON THE INSURER. IT'S AGEN I S OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .�y�Attention: C� L43 &/1114564TeXrd ACORD 25 (2001/08) Certificate # 950 0 ACORD CORPORATION 1988 InterAmerican College MLK North Room October 7, 2007 8am-lpm Luncheon Description Rate Amount Dining for 100 people 5hrs x 70.36 $ 351.80 PW Staff 2hrs x 35.00 $ 70.00 Building Use Fee 50 $ 50.00 Kitchen Use Fee 50 $ 50.00 Custodial Deposit Kitchen Deposit $ 521.80 Total Fee $ 100.00 $ 60.00 $ 160.00 Total Deposit City of National City COUNCIL AGENDA STATEMENT 19 MEETING DATE: June 19, 2007 AGENDA ITEM NO. iITEM TITLE: Request by InterAmerican College to use the MLK Community Center for Graduation on October 13, 2007 PREPARED BY: Rudy Lopez (619) 336-4560 DEPARTMENT Community Services EXPLANATION: InterAmerican College has requested to use the Martin Luther King Community Center for their graduation service on Saturday October 13, 2007 from 8:00 am to 12:00 pm. Their request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review N/A Financial Statement Approving the request for use will result in fees of $471.44 plus $100 in refundable deposits. STAFF RECOMMENDATION Approve the request for use. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Facility Use Application City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle Martin Luther King Jr. Building orth Roo South Room Entire Facility Kimball Senior Center Casa De Salud Date(s) of Use: Ot e . /3 02oo7 Day(s) of Use: g,4-Tu4.a Time of Use: From: _ $; e 6 _OPM To: i a.'v o AM/PM — INCLUDE SET-UP & CLEAN-UP TIME Type of Function/Activity: ���tziceaidrk) Name & Addrecs of Organization/Group: e Is the event open to the public? Vc-S Non-profit organization: Anticipated Maximum Attendance: / JR.3 Will Admission be charged? Ho Amount $ Equipment Requested: /6'a # of chairs no Tax ID#33-t 9oDQ7 Percentage of National City Residents •`/v% Will this be a Fund Raising Event? )4a # of banquet tables Podium/Microphone Use of Kitchen: Yes No Use of Gas for Range and Oven: Yes C No Is the Use of Alcohol Requested? ti Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? YES NO Name: Phone: Name: Phone: Stage rep How many times in the last twelve months have you requested to use a City Facility? 1 It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may apse during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, andJor injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLE I ED: PRINT NAME: SIGNATURE ADDRESS OF APPLICANT: .�sial) .-J4/6 LA-cr.�h u I Y, STATE, and ZIP CODE: hi/ ititi f PHONE: DAY 7-63/o EVENING (.01C -4/77- 63/0 EMAIL: rmaaleih e.foltA.F_ eefic FAX NUMBER: G/9-y77-73rd CONTACT PERSON ON THE DAY OF THE EVENT: ka4 j a .M1'i'i- 2 Please type or print clearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. HOME PHONE: ),,V G 3-.e,ti !r8 CELL: ((oil) cP('-i" .`(-- /40 --7 .en Community Services Staff Only Rental Amount Received: Receipt Number: Deposit Amount: Deposit/Key Returned: Check Key Issued: YES NO 3 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: _ ti 4 on4N Person in charge of activity: i aR e ►4 ,-14-4[J_. Address: �� Gd . / 6A S-61e� nit -ram Q Telephone: 4 i5 - y77- /n3/r) E-Mail: 4r-rn1ety ) Al ne, 'cbcL� City Facilities and/or property requested: IV act. Peo"') Date(s) of use: S'aVe1 t- /A P(Jo7 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. /�Y'`_ Signatureof Applicant Official Time Certificate of Insurance Approved by___Z Name and Tit a lido? Date 4 Safety/ Security Please describe your procedures for crowd control and internal security: YES _%P 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: 5 Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES %(- NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Public Works _ Police Department Fire Department Community Services _ Building and Safety _ Engineering Risk Management _ Finance Department _ Planning Department Yes No Condition(s) of Approval Initial Specific Conditions of Approval: Date 7 ACORD TM. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/0912007 PRODUCER Flux.. (626) 615-1550 Fax. (62(,) 815.152 CHARITY ONE INSURANCE AGENCY 680E ALOSTA STE 211 AZUSA CA 91 702 INSURED INTERAMERICAN COLLEGE 140 W. 16TH STREET 1627 HOOVER AVE, NATIONAL CITY CA 91950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Agency LOY OF61 D17 INSURER A: SI Paul Travelers Insurance Companies INSURER B: INSURER C: INSURER D. INSURER E: COVERAGES THE ANY MAY POLICIES INSAAf1(1T LTA POLICIES REQUIREMENT. PERTAIN, INSRD OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POI ICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES (*SCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS. EXCLUSIONS ANU CONDITIONS OE AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA° CLAIMS. SUCII - TYPE OF INSURANCE POLICY NUMBER POLICY fFf relpf1 DATE INWDD+YYj POLICY[xP1MT1ON DATE JNMIDDAY( LIMITS GENERAL LIABILITY 6603757B02906 10/20106 10/20/07 EACH OCCURRENCE S 1,000,000 X 1 COMMERCIAL GENERAL LIABILITY DAMAGE IO RENif° VRCMISES(FA occue.m) S 100,000 J CLAWS MADE X I OCCUR MLLE EXP one Benon) S 10D11 ,0 A _� _-`V`^Y PERSONAL 6 AOV INJURY __� — S 1,000,000 GENERAL AGGREGATE. S 2,000,000 GENE AGGREGATE IIMIT APPLIES PER: PROOUCTSCOMPUOP AGG. S 2,000,000 1 PRO- ('--I POLICY I I JECT I LOC —"'T --- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT —1 ANY AUTO (F.a accident) S ALL OWNED RJTOS BODILY INJURY SCHEDULED AUTOS (Pet person) S -- HIRED AUTOS -- I)QUIIY INJURY .— MIN.OWNE0 AUTOS (Ptu accident) S PROPERTY OAMAL,E S - -- (Pnr accident) GARAGE LLABII!TY AUTO OM Y • FA ACCIDENT I1 ANYAUrD OTHER THAN EA ACC 1 AUTO ONLY: AGG S EXCESS IUMRRF I LA LIABILITY EACH OCCURRENCE S 1 OCCUR 1 CLAWS MADE AGGREGATE S _1 S DEDUCTIBLE ---__-- S RE-TENT/UN S S WORKERS COMPFNSAI ION AND IV,C SIAtD me. Luors I-, I- EMP LOVERS' 1IABJ1ITY ,. ANY PROPRIETOH)PARTNEA/EX000TNt E.L. EACH ACCJUCN7 S Orr ICFAMEY•FR ExCL Del co 1, ye., bnarl 6e unMl E L. DISEASE• EA EMPLOYEE S • F.1 . DLSFASE-POLICY LIMIT S SYECIAL PRDVL:lowa blow OTHER: DESCRIPT ION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS THE CITY OF NATIONAL CITY, ITS OFFICIAL, AGENTS AND EMPLOYEES ARE HEREBY NAMED AS ADDITIONAL INSURE() WITH RESPECTS TO CLAIMS ARISING OUT OF THE NAMED INSUREDS OPERATIONS Wt)ILE PERMIT TING THE USE OF THE "MARTIN LUTHER KING JR. BUILDING EFFECTIVE OCTOHFR' 2007 CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CFI Y BLVD NATIONAL CITY, CA. 91950 Attention: SHOULD ANY OF DIE ABOVE DESCRIBED FOUCIES BE CANCEL En BE)U(L THE EXPIRATION UAIE THEREOF, TUC ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WHAT EN NOTICE 10 111E CENT VACATE KM DER NAMED TO THE IEFT, BUT f AILURE TO DO SO SHALL IMPOSE NO OBLIGATRIN OR LIABILITY OF ANY KIND UPON THE INSUP.E R. IT'S AGCNISORREPRESFNTAT NE 5. AUTHORQ'_L`REPRESENTATIVE C��Gi4F a8"dk; Jt f Ord \/_�Jj �CYl G"' ACORD 25 (2001/081 Celt:/irate p 950 ACORD CORPORATION 1958 InterAmerican College MLK North Room October 13, 2007 Sam- l 2pm Graduation Description Rate Amount Assembly for 150 people 4hrs x 70.36 $ 281.44 PW Staff 4hrs x 35.00 $ 140.00 Building Use Fee 50 $ 50.00 $ 471.44 Total Fee Custodial Deposit $ 100.00 $ 100.00 Total Deposit City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. 20 (ITEM TITLE Legal Notice Requirements for Denied Banquet Facility at 540 National City Boulevard i gf PREPARED BY Roger Post6 33315 DEPARTMENT EXPLANATION At the June 5, 2007 City Council meeting, an appeal of the Planning Commission's denial of a conditional use permit to operate a banquet facility at 540 National City Boulevard was considered. The appeallant was not present at the meeting and after considering public testimony, the Council voted to deny the appeal. While notice of the hearing was mailed to the property owner at the address listed on the County Assessor Rolls, as required by Law, notice was not sent to the mailing address indicated on the application and Letter of appeal. Planning staff and City Attorney's office have discussed this matter and recommend that the appeal be renoticed for a reopened public hearing to take place on July 10, 2007. Planning Environmental Review NIA Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION That the appeal be renoticed for a reopened public hearing on July 10, 2007. BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below) Resolution No. NA A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. 21 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for A Recycling Facility Behind the Foodland Grocery Store at 303 Highland Avenue (Applicant: Southwest Recycling) (Case File 2007-04 CUP) V� PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The subject property is an L-shaped parcel, developed with the 28,9(X) square -foot Foodland IGA Supermarket, in the General Commercial (CG) zone. The lot has frontage on I-iighland Avenue and East 4°i Street. There is a 186- space parking lot servicing the supermarket. There are single-family residential uses to the north and south, as well as to the east beyond a multi -family residential property adjacent to the east property line. Foodland IGA has recently been undergoing a City -funded facade improvement program. The improvements, scheduled to be completed in August of this year, include exterior paint and signage. The applicant is proposing to install a mobile recycling center consisting of an 8-foot by 10-foot by 8 1/2-foot high mobile office, one 221/2-foot by 71/2-foot by 8-foot high recycling container, and three 4-foot by 6-foot by 41/2-foot high smaller recycling containers (see photos); all of' the containers would be metal. "1'he center will he directly behind and adjacent to Foodland, south of the loading dock. The proposed operating hours are 9 a.m. to 5 p.m. seven days a week, with an attendant on -site during this time. The facility will provide for the recycling of aluminum cans, glass and plastic bottles, with California Redemption Value (CRV) payments provided through a voucher, redeemable inside the supermarket. Foodland IGA is in an area that is not served by a certified recycling facility, thus one is needed in the area per State Law. The Planning Commission held a hearing on this application on June 4, 2007. Commissioners asked questions regarding the potential size of the facility and about some of the Conditions of Approval. The Commission voted to approve the CUP based on the attached findings and subject to the eighteen 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 —Alvarado. Flores. Pruitt. Reynolds Absent — Carrillo. Baca. DeLaPaz ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution 36-2007 2. Location Map Resolution No. 3. Site Photos 4. Applicant's Plans A-200 (9/99) RESOLUTION NO. 36-2007 A RESOLUTION OF TILE PI.ANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFOR.NIA, APPROVING A CONDU'IONAL USE PERMIT FOR A RECYCLING FACiI.I'1'Y BEHIND THE FOODLAND GROCERY STORE AT 303 HIGHLAND AVENUE. API'i.ICANT: SOUTHWEST RECYCLING CASE FILE NO. 2007-04 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a recycling facility behind the Foodland Grocery store at 303 Highland Avenue, at a duly advertised public hearing held on June 4, 2007 at which time oral and documentary evidence was presented; and, WIIEREAS, at said public hearing the Planning ('onunission considered the stair report contained in Case File No. 2007-04 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 he 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 Comnussion at the public hearing held on June 4, 2007, support the following findings: I. The site for the proposed use is adequate in size and shape, since there is adequate area on -site for a mobile recycling facility, and there is adequate parking to serve the supermarket, in accordance with Land Use ('ode requirements. 2. The site has sufficient access to a major street that is adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the use is expected to generate a minimal amount of additional traffic for the market, as many of the recyclers will also shop at the supermarket; Foodland IGA has frontage on both Highland Avenue, an arterial, and Fourth Street, a collector. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is currently developed with a commercial use, and the nearest residences are separated from the proposed facility by a six-foot fence and more than one hundred feet; additionally, Conditions of Approval require the construction of a screening wall to further reduce the potential for adverse effects. 1 That the proposed use is deemed essential and desirable to the public convenience and welfare, since it provides a convenient location for residents to recycle beverage containers in accordance with State regulations. 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 recycling facility at 303 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Revised, Case File no. 2007-04 Cl JP, dated 5/23/2007. 2. Plans crust 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. 3. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not Tess than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. The business shall be operated in compliance with National City Land Use Code Section 18.95 at all times. 5. A decorative block wall shall be constructed, that will screen the facility from adjoining residential properties. The wall shall he of standard construction and shall be of the same texture and color as the Foodland building. Plans shall be submitted to the Planning Department for review and approval by the Planning Department prior to construction; the wall shall he completed prior to operation of the facility. 6. A signage plan shall be submitted to the Planning Department showing the location, size and type of signage, including labeling of containers, prior to operation of the facility. 7. The hours of operation shalt be permitted only between the hours of 9 a.m_ and 5 p.m. daily. 8. All recyclable material shall be stored in containers and not left outside of designated storage containers at any time; the recycling center area shall be maintained tree of litter, and any undesirable materials, and removed at the end of each collection day. Any discarded material left overnight shall he removed immediately upon opening of business in the morning. 9. No recyclable material shall be accepted from persons transporting said material in non - motorized canying devices including, but not limited to, shopping carts, wagons, etc. 10. The proposed Recycling Collection Center shall comply with Best Management Practice (BMP) requirements, which will prevent any discharge from the site. BMP's are outlined in the Preventing I.Jrban Runoff Pollution Guide and are available at the Engineering counter. 11. 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. 12. Additional exterior lighting of the area surrounding the recycle enter shall be provided, to deter vandalism and theft. to the satisfaction of the Police Department. The height, type and location of the lighting shall be provided for review and approval by the Planning Department prior to installation and shall be subject to appropriate building permits. 13. Loitering at the facility or in its vicinity shall be prohibited. 14. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary 2 environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County ('Icrk and submitted to thc 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. 15. Before this Conditional Use Permit shall become effective, the applicant and the propeityowner both shall sign and have notarized an Acceptance Fonn, 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 he approved as to form by the City Attomey and sigried by the Planning Director prior to recordation. 16. 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. i 90 of the Municipal Codc. 17. 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 Iand Use Code, if discontinued for any lesser period of time. 18. 'Ibis Conditional Use Pennit may be revoked if it is determined that the use is operating contrary to the conditions of approval or is negatively impacting nearby properties. BE IT FURTHER RESOLVED that copies of this Resolution be 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 thc 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 June 4, 2007, by the following vote: AYES: Alvarado, Pruitt, Flores, Reynolds NAYS: ABSENT: Carrillo, Baca, DeLaPaz ABSTAIN: CHAIRWOMAN 4 200 228 w �w E3rdSt -4 0 405 0 322 330 340 133 Co 205 - 217 309 311 321 - 327 333 E 4th St 0 306-314 316-320 CO iv to V CO Co fJl - - E 2nd St 0 0 N co f -pp 0 O O , 0 0 RS_ 401 427 O W 0 CD RS 2 O 0) E 3rd St 0 305 2007-04 CUP Recycling Center behind Foodland IGA Site Photos Looking North at Project Location Looking West at Project Location 6 Looking Northeast towards Side Entrance of Foodland Looking East Towards Adjacent Condominiums 7 LU N NYId 31.15 NM. VNMfW Wt N• ft n.• IYM' A1NDIA e" • 1 SIDE SIDE BACK FRONT SMALL. BIN 1,4- • •cr g s' 1 .k, SIDE SIDE BACK szbE 0 BACK r- FRONT FAONT City of National City, California COUNCIL AGENDA STATEMENT 22 MEETING DATE June 19, 2007 AGENDA ITEM NO. ITEM TITLE Notice of Decision - A Variance Application for a Reduced Side Yard Setback from Four Feet to One Foot Along the Southerly Property Line for an Attached Garage and For a Garage With Less Than the Required Interior Dimensions at 2409 Granger Avenue within the RS-3-PD zone. Applicant: David Stebbins. Case File No. 2007-30 Z, APN 554-071-02 PREPARED BY Peggy Chapin, 336-4314" DEPARTMENT Planning EXPLANATION The Planning Commission held a public hearing on June 4, 2007 and voted 4-0 to approve the Variance and Resolution 37-2007. The attached Background Report describes the proposal in detail. Environmental Review x _ N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION Ayes - Alvarado, Flores, Pruitt, Reynolds Absent: Baca, Carrillo, De LaPaz. ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Planning Commission Resolution No. 37-2007 3. Site Photos 4. Applicant's Proposed Plans A-200 (9/99) BACKGROUND REPORT The project site is located within the RS-3 PD zone on the east side of Granger Avenue, south of East 24°i Street and north of Leonard Street. The narrow parcel, 35' wide by 122', is also bordered on the south and east by the Iglesia Comunidad Cristiana Conquista church. The property was previously developed with a small single-family residence located on southern property line and an approximately 192- square foot storage building. The Building Department issued a notice to demolish the existing residential structure on September 18, 2005 due to the unsafe nature of the dwelling, prior to change of ownership to the current owner. The single-family residence was partially demolished. The current owner submitted plans to renovate the remaining portion of the residence and construct a room addition. The City's Land Use Code, Section 18.14.240, would permit a property owner to construct a room addition utilizing the setbacks of an existing structure constructed with appropriate building permits. However, a prior room addition constructed at the existing residence extended to the property line was constructed without building permits; the existing structure would be an illegal nonconforming use. The applicant was advised to stop any work being conducted at the site and to redesign the proposed residence to meet the setbacks for the zone. Rather than renovating the existing structure, in May 2007, the applicant submitted revised plans to construct a 1,697-square-foot two-story single-family residence containing three bedrooms and 2 % bathrooms with an attached 365 square -foot two -car garage. The revised plans reflects an offset two -car attached garage, a diagonal entranceway, arched windows, varying gable roof and pop outs. Since the site is located within the RS-3 P1) zone, the required setbacks for the residence are: 20-foot front yard, 5-foot rear and side yard, and four -feet for an attached garage. The Land Use Code, Chapter 18.114 provides for a property owner to request approval of a Variance of the Land Use standards due to physical hardship resulting from the size, shape or dimensions of a site. The off -set garage and diagonal entranceway has necessitated the applicant to request for variances from the Iand Use Code Section 18.14.220 as the standard setbacks cannot be achieved due to the narrowness of the parcel. The proposed two -car garage is 15 square feet less than the standard two -car garage due to a reduction to allow for the diagonal entranceway. Ilowever, the garage would he able to accommodate two -cars, one standard and one compact space. The applicant submitted a request for Variances from of the Land Use Code as follow: 1. A reduced side yard from four feet to one foot for the garage portion of the residence. 2. A two -car garage 15 square -feet less than standard two -car garage of 20' x 19' or 380-square foot. 1 An existing approximately 192 :square foot storage building is situated on the property line along the south side, adjacent to the church property. Since the storage building was constructed without permits and does not meet current building codes, the applicant has agreed to demolish the structure prior to occupancy of the residence. I lowever, the storage building would be used to secure building materials during the construction period. A letter from the adjacent neighbor, Dr. Alberto Jimenez, pastor for the Comunidad Cristiana Conquista church, was received on March 19, 2007 (copy attached). Dr. Jimenez and members of the church attended the June 4, 2007 Planning Commission hearing. The Pastor and church members requested that the property line be staked prior to construction and the chain link fence adjacent to the church parking lot be repaired until the final fencing is installed. Staff assured the church members that the applicant is required to conduct a survey prepared by a licensed land survey and stakes the property lines and building corners prior to construction. The proposed Variance request would be compatible with the characteristics of the neighborhood, as the adjacent home to the north is constructed at a one -foot setback to the property Tine. Additionally, the proposed habitable portions of the residence would adhere to the setbacks and the portion of the garage that would be constructed one -foot from the setback would not have any windows facing the adjacent property and the roof would drain on the subject property. Standard Conditions of Approval for the Engineering and Fire Departments and Sweetwater Authority are included. Conditions specific for this Variance application include the following: • A certified property survey shall he completed by a licensed surveyor to determine the location of the property lines and the property lines and building corners shall be staked prior to construction. • Installation of the water heater within the residence to eliminate the potential for the water heater to utilize space intended for vehicle parking. • Removal of the storage building prior to occupancy of the proposed residence. This will enable the property owner to utilize the storage building during construction. • Design the structure so that the garage roof does not drain on the adjacent property to the south (church property). • Construction of a six-foot high cedar fence, decorative block wall, or similar along the rear and side yard property lines to provide a separation between the church parking and recreation area, and the adjacent residence to the north. 2 RESOLUTION 37-2007 A RFSOI,IJTION OF TILE PLANNING COMMISSION OF TIIE C'CI'Y OF NATIONAL CITY, CALIFORNIA, APPROVING A VARIANCE FOR A REDUCED SIDE YARD SETBACK. FROM FOUR FEET TO ONF. FOOT ALONG TIIE SOUTIIERLY PROPERTY LINE FOR AN ATTACIIED GARAGE AND FOR A GARAGE, WTTFI LESS THAN THE REQUIRED INTERIOR DIMENSIONS AT 2409 GRANGER AVENIJF API'I JCAN I': DAVID STEBBINS CASE FILE NO 2007-30 Z WHEREAS, the Planning Commission of the City of National City considered a Variance for a reduced side yard setback from four feet to one foot along the southerly property line for an attached garage and for a garage with less than the required interior dimensions at 2409 Granger Avenue at a duly advertised public hearing held on June 4, 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 Casc File No. 2007-30 i which is 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 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 ('ity, Calitbrnia, that the testimony and evidence presented to the Planning Commission at the public hearing held on June 4, 2007, for approval of a Variance for a reduced side yard setback from four feet to one foot along the southerly property line for the attached garage and for a garage with less than the required interior dimensions support the following findings: I. Due to the narrowness of the parcel that restricts development of a single-family residence on the property, the strict application of Title 18, hand Use Code deprives the property owner with the ability to develop the property with a reasonable size residence that incorporates principles of the City's Design Guidelines. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since nearby residences in the neighborhood have similar setbacks. 3. The Variance does not authorize a use or activity that is not otherwise expressly authorized by the zoning regulations governing the parcel of property, sing; a single-family residential development is a permitted use in the RS-3/PD zone. 3 BE II' FURTHER RESOLVED that the application for Variance for a reduced side yard setback from four feet to one foot along the southerly property line and for a garage with less than the required interior dimensions is approved subject to the following conditions: This Variance authorizes a reduced side yard setback along a 19-foot portion of the garage and a 15-square foot reduction of the standard two -car garage for a proposed residence located at 2409 Granger Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File 2007-30 Z, dated 05/03/07. The Building plans shall indicate architectural elevations and exterior colors as provided in the application and as approved pursuant to Case File 2007-30 Z. 3. The remaining portions of the existing building and footings shall be removed within 60 days of the approval of this application. A demolition permit shall be obtained from the Building Department prior to demolition. 4. The storage building shall be demolished prior to occupancy of the single-family residence provided that a building pennithas been submitted for plan check to the Building Department within 60 days from the approval of this application. if a Building Permit for the construction of the residence has not been submitted to the Building Department within 60 days from the date of approval of this permit, the storage building shall be demolished. A demolition permit shall be obtained from the Building Department prior to demolition. 5. Prior to issuance of the building permit, the property owner shall provide a certified copy of the property survey prepared by a licensed land surveyor. The property lines and the building perimeter shall be staked and marked to the satisfaction of the City Building Official. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing ('ode, the 2004 edition oldie California Electrical Code, and California Title 24 energy and handicapped regulations. 7. hn the event that the Fire Department requires that a fire protection system is required, the existing 3/4 —inch water service shall be abandoned and a I -inch meter shall be installed. The fire protection service shall be reflected on the building plans to the satisfaction of the Fire Marshall. 8. The water heater shall be placed within the residence, not within the garage to ensure adequate area is available for parking of vehicles. 9. Landscape and Irrigation Plans shall be providcxl that indicates a below -grade automatic irrigation system, plant species and plant sizes to include a minimum of one strut tree for every 30-feet of linear street frontage. All retaining walls, fencing, and free-standing walls shall be reflected on the landscape plans and shall be of decorative Klock and/or colored stucco finish. The landscape and irrigation 4 plans shall be submitted with the building plans. A six -loot high cedar fence, decorative block wall, or similar fencing along the rear and side yard property lines to provide a separation between the church parking and recreation area shall be included in the plans; and fencing along the adjacent residence to the north where appropriate shall also be reflected on the plans. 10. 'Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 11. Within four (4) days of approval, pursuant to Fish and Game Code 71 1.4 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 he 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. 12. Prior to issuance of a building permit, 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, Licensed Architect or Licensed Land Surveyor, and shall he 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. if it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 14. The Rest Management Practices (BMPs) for the maintenance of the proposed construction shall he undertaken in accordance with the National Pollutant Discharge Elimination System (NPI)ES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing ofa construction permit. 15. All surface run-off, shall he directed to the street. Adjacent properties shall he protectcxl from surface run-oll'resulting from this development. 16. A five-foot street right-of-way along (hanger Avenue shall he dedicated to the City. 17. The deteriorated portions of the existing street improvements (5' of sidewalks) along the property frontages shall be removed and replaced. 5 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. Street improvements shall be in accordance with City Standards. 20. I'roject to be designed, developed and constructed in compliance with the California Fire Code (CF(7) 2001 exfition 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. 21. Property to be addressed in manner to be clearly visible from the street. 22. Estimated minimum fire flow requirements will be 1,000 gpm measured at 20 psi residual pressure. 23. Before this Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of tlus 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 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 ('ity Attorney and signed by the Planning Director prior to recordation. 24. 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 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 6 BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: 'his certifies that the Resolution was adopted by the Planning Commission at their meeting of June 4, 2007, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Pruitt, Flores, Reynolds Carrillo, Baca, DeLaPaz --41JAZA CHAIRWOMAN 7 Site Photographs 2409 Granger Avenue, 2007-30 I Figure 1: Facing cast from Granger Avenue Figure 2: Facing north east from Granger Avenue 8 Figure 3: Facing east towards the storage building. Figure 4: Facing west from the church property towards the storage building. 9 O a. I�;.•-• •L GRANGER AVENUE .IT. PUN ....INO .DD.I$4 .1.D 010 40 W \ Ot.v0N11. �D ...lV 0V.0. .N. 40DTigd N.JTV 4VI1.1..1.11 T04DV \ Y. 4#T.WO D.YIID YYD 6.YAT'ON. MILL.. MOND.D Wi?N OON...u[TgS ..1N• DT mmne.. .IV 'IC:NITY MAP • • o PIR•IFLOOR PLAN EGA •F !,A• . 1Y0• •CALL wet Imi hnum um 1■11 n r -a•nlarWW IVY SUMMARY OF PROPOSED REOUE•T: CONSTRUCT I4•7 OF TWO STORY NEW RESIDENCE AND SIPS SF OARAOL ON S•00 SF LOT- VARIANCE REQUEST FOR REDUCED SLTUACK ON SOUTN SIDE OF DARAOE TO IS' PROM PROPERTY -.INE. ALL OTHER •ET•ACRS TO MEET CITY CONING STANDARD• NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. 2007-30 Z DATE 05/03/2007 Pr. ` LAUNDRY D Ti A LA4.E. ••0R00M te%I4 0 •LC. 11103. •LLOW ■ECOND FLOOR PLAN 2409 GRANGER AVENUE NATIONAL CITY, CA C•1 Fr- •OUTH ItLIVATION -COE STUCCO FRONT ILEVATION•WIST COMPOSITION POOP NO 011 1100.1N0 ALUM...AU •E ID! I --- 1 Fin NORTH KLZVATION • •IDC RCAt6.EVATION 2409 GRANGER AVENUE NATIONAL CITY, CA N 1 c•2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. 23 i:TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO.-1, THE PERIOD OF 05/18/07 THROUGH 05/31/07 OF $445,524.96 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 05/18/07 THROUGH 05/31/07 amount to $445,524.96 Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 05/18/07 through 05/31/07 A-200 (9/80) STREETSCAPE FOUNTAIN PLAZA I IIGI (LAND AVE MEDIANS PI IASE 1-8TH PURPLE COW - LEGAL SVCS ABATEMENT -DAYS INN SITE ON PLAZA CDBG REIMB CLAIM FOR APR 2007 FOODLAND FACADE REDEV OFFICE SUPPLIES TAX SHARE IN THE HARBOR D157' REDEV P1(01 VAP PROGRAM RET BENEFIT FOR MAY 200/ UNEMPLOYEMN'1' INS REIMB PPE 3/31/07 MAIL 'D(ANSFOR'I A11ON FEES EDUCATION VILLAGE COSTCO FOODLAND MARKET IIENSCIIEL (CDC VS PARK VILLAGE) NAT'L DISTRIBUTION CNTR/PORT JOINT FIRST HALF OF MAY 2007 EQUIP RENTAL (FENCING) OF'FICF. SI JPPI.IES PARK VILI AGE/GENERAL FINAL PAYMENT - PACIFIC VIEW NC ENTERPRISE ZONE APPLICATION AQUATIC CENTER- EQUIP RENTAL POSTAGE REFILL MILEAGE REND -CAA CONFERENCE BAY MARINA DRIVE WIDENING REDEV PLAN AMENDMENT APR 2007 SUBSCRIPTIONS- B. RAUISTON CLIPPING SERVICE AC(T 15406366017 4/17 5/16/07 DIRE('TORY AIVFR'IISIN(i CLEVEIAND'CUYAMACA - MARCH 07 CORPORATE ALLIANCE FY 2006-2007 PUBLIC NOTICE - CDBG CDBG REIMD CLAIM FOR FY06-07 CREDIT CARD - D RAULSTON SUB'1'OTAI. - MONTHLY SVC . MAY 2007 DINNER ROLLS MEAT PKUUCCIS WATER FOR MORGAN TOWERS FOOD/CONSUMABI.ES MILK PRODUCTS LINEN JANITORIAL SUPPLIES SHARPENING SERVICE MILEAGE REIMBURSEMENT ROI ITF: 4374765 4/20•5.4,07 CONSUM A BLE_S/F( )01) FOOD.." CON SUM AISLES MAINTENANCE SUBTOTAL -NUTRITION TOTAL - GENERAL. FIINI) Payee FOR MEETING OF JIJNE 19, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 05/18/07 - 05/31/07 Descri.•'o Chk No Amount SPA PORTILLO CONCRETE, INC. PORTILLO CONCRETE, INC. CI IRISTENSEN SCI IWERDTFEG ER CITY OF NATIONAL CITY COMMUNITY YOUTH CORNERSTONE. BUILDING GROUP CORPORATE. EXPRESS INC COUNTY OE SAN DIEGO DEP T' OF EN V I RONM ENTAI. HEALTH PAI JI. UESR(K'HERS EMPLOYMENT DEVELOPMENT DFYF. FEDEX GEOSYNTEC CONSULTANTS I IARRIS & ASSOCIATES I IEALEY CONSTRUCTION CO. LAW OFFICE OF DON DETISCII MCKENNA LONG & ALDRIDGE MOREI.AND & ASSOCIATES, INC. NATIONAL CONSTRUCTION RENTAIS OFFICE SUPPLIES PLUS OPI'ER & VARCO LIP OVERLAND PACIFIC & CUTLER, INC PMC POWER PLUS PURCHASE POWER BRAD RAIIISI'ON RICK ENGINEERING COMPANY ROSENOW SPF:VACEK GROUP INC. SAN INFO() BIJSINF.SS JOURNAL. SAN DIEGO CLIPPING SERVICE. SAN DIEGO GAS & ELECTRIC SAN DIEGO PUBLISHING CO. SCS ENGINEERS SOUTII COUNTY ECONOMIC THE STAR NEWS TRAUMA INTERVENTION PROGRAM WFLIS FARGO NUTRITION AT SYSTEMS WEST, INC. CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION CULLIGAN WATER JOSEPH WEBB FOODS MIil IMF DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, IN( PRO -EDGE KNIFE NIANUEI. SANCIIEZ SIERRA SPRINGS SMART & FINAL SYSCO SAN DIEGO T HE (1X)I.IN(i SPORE. 17085 S 143,913.06 17086 11,400.00 17090 3,646.02 17091 488.55 17092 1,666.67 17093 4,701.01 17094 209.49 17095 43,253.00 17097 12,121.00 17098 110.00 17099 2,396.00 17100 52.57 17101 900.91 17102 1,705.00 17103 8,510.00 17105 10,382.28 17107 8.891.09 17109 5,244.75 17110 380.12 17111 113.10 17112 6,352.76 17113 3,150.00 17115 2,113.97 17116 195.00 17118 1,297.13 17119 106.94 17120 10,853.75 17121 21,648.75 17122 69.00 17123 54.10 17124 1,975.16 17125 695.00 17127 10,891.52 17130 5,000.00 17133 584.2E 17134 8,000.00 17135 1,245.79 5 334,317.95 17087 S 709.10 17088 642 A0 170%9 5,057.93 17096 172.20 17104 6.771.43 17106 1,172.20 17108 137.25 17114 3,535.71 17117 80.00 17126 57.72 17128 30.00 17129 72.01 17131 6.041.54 17132 187.75 $ 24,667.24 S 358,985.19 t. sY� ga_;.- . ]-..�;e.^":iP _ U ITM,.. Mai. _ .. xn_atv 1 :, . __ CORPORATE EXPRESS INC S8 OFFICE. SUPPLIES 10352 5 215.98 PURCHASE POWER POSTAGE REFILL. 10353 1,297.13 XEROX CORPORATION S8 EQUIP RENIAI. APRII.2007 10354 419.19 TOTAL. - SECTION 8: IF% >jtige D r 4' cXP* Sz t ' ''e.:nTrt`flYttilia<.` 1'AVRf )LI. PPE 0'30/0/ TOTAL - ADSIINISTRATI V E REVOLVING FUND: $ 1,952.30 S 84,587.47_ S /14,587.47 TOTAL. OF ALL FUNDS: S 445,524.96 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 24 MEETING DATE June 19, 2007 AGENDA ITEM NO. (ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING THE MORGAN AND KIMBALL TOWERS BUDGETS FOR THE FISCAL YEAR 2007-2008 PREPARED BY EXPLANATION DEPARTMENT Tess E. Limfueco , Finance - CDC See attached Environmental Review ' N/A Financial Statement N/A Approved By: dzi. Finance Director Account No. STAFF RECOMMENDATION Adopt the Morgan and Kimball Towers budgets for the Fiscal Year 2007-2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1, Resolution 2. Kimball Tower Budget 3. Morgan Tower Budget n_2nn toioo\ RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE KIMBALL AND MORGAN TOWERS BUDGETS FOR THE FISCAL YEAR 2007-2008 WHEREAS, the Community Development Commission of the City of National City (CDC) owns the Kimball and Morgan Towers; and WHEREAS, Falkenberg, Gilliam and Associates has been the property management company for said Towers since 1995; and WHEREAS, an operating budget for each building is prepared by the management company and is reviewed and approved by the CDC Board; and WHEREAS, the Kimball and Morgan Towers operations do not have a direct financial impact on CDC operations, and the Morgan and Kimball Towers Budgets should be presented and approved independently of the CDC's annual budget; and WHEREAS, the last rent increase for Kimball Tower was in 2000, and no rent increase is recommended for fiscal year 2007-2008; and WHEREAS, an approximately 2.8% rent increase for the Morgan Tower, based on the HUD Automatic Annual Adjustment Factor, is recommended to cover the costs of increased water expenses, insurance costs and benefits, and other operating and maintenance costs; and WHEREAS, the budgets for the Kimball and Morgan Towers for the fiscal year ending 2007-2008 have been prepared and presented for CDC approval. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Kimball and Morgan Towers budgets for Fiscal Year 2007-2008. PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Mayor ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, HI Legal Counsel KIMBALL TOWER 2007-2008 BUDGET NOTES SUMMARY The budget for fiscal year ending June 30, 2008 does not propose a rent increase. The fast rent increase was in 2000. Since then, Kimball Tower has been able to continue to operate and maintain its premises at a safe and decent level using the current rental income as well as the revenue in the operating account. Residents pay 30% of income up to a maximum of $470. 5120 RENTAL INCOME APARTMENTS: Rents are as follows: Unit Type # Units Current Rents Utility Allowance Total Rents 1 Bedroom 151 $470 $24 $494 5220 VACANCIES/APARTMENTS - Budgeted at 1.5"/o of rents. 5410 INTEREST INCOME/PROJECT OPERATIONS - Budgeted per audit. 5440 REPLACEMENT RESERVE INTEREST - Budgeted per audit. This is a memo entry only; interest remains in reserve for replacement account and is not used for operations. 5910 LAUNDRY AND VENDING - Budgeted per audit. 6250 OTHER RENTING EXPENSE - Budgeted per current expense plus 5% for a Service Coordinator at $500 per month. 6310 OFFICE SALARIES — Budgeted per current expense plus 5% for Carina Roman, Office Assistant, working 35 hours per week, earning $2,123 per month. Audit amount is low since it reflects temporary office help during personnel vacancy. 6311 OFFICE EXPENSE - Budgeted per audit plus 5% fur telephone and Internet Services, office equipment and maintenance, traveling and training, printing and copying expenses, office supplies, postage, tenant background screening fees, etc. 6320 MANAGEMENT FEE - Budgeted an increase to management fee at 6.59" of net rental income and laundry income. Previous increase was not processed, since HUD was not processing Morgan Towers' increase. 6330 MANAGERS' SALARIES - Budgeted per audit plus 5% for Naomi Jiles, Resident Manager, working 16 hours a week, earning $1,325 per month and for Kalinka Angueliev, Assistant Manager, working 32 hours a week, earning $2,219 per month. Budgeted additional amount for vacation, sick time, and salary increase, if merited by performance. Note that Resident Manager's salary is split between Morgan Rc Kimball Towers. Current is low due to personnel vacancies. 6331 ADMINISTRATIVE RENT FREE UNIT - Budgeted for 2 staff units at S494 each per month. 6340 LEGAL EXPENSES (PROJECT) - Budgeted per audit plus 5% for project related expenses. 6350 AUDIT EXPENSES (PROJECT) - Budgeted at $1,555 for annual audit. 6351 ACCOUNTING/BOOKKEEPING - Budgeted per audit plus $500 for computer servicing and technical and software support. 6390 MISC. ADMINISTRATIVE EXPENSES - Budgeted at $100 per month for resident council. 6450 ELEC1'RICTIY - Budgeted per audit plus 5%. Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agenfs 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Kimball Tower 2007-2008 Budget Notes Page 2 6451 WATER - Budgeted per audit plus 6.1%. Received notification from Sweetwater Authority that water rates increased by 6.1%. 6452 GAS - Budgeted per audit plus 5%. 6453 SEWER - Budgeted per current invoice of $43,500 plus 5%. Audit amount was high since it included three year's worth of sewer bills. 6510 PAYR01.1. - Budgeted per current expense plus 5% for I;ill Jiles, Superintendent, working 20 hours a week at S1,836 per month. Ivan Angueliev, Assistant Superintendent, working 40 hours per week at S2,773 per month, and for Charles Ray, Maintenance, working 40 hours per week at $2,427 per month. Budgeted additional amount for vacation, sick and salary increase, if merited by performance. Note that Superintendent's salary is split between Morgan & Kimball Towers. Current is low due to personnel vacancies. 6515 SUPPLIES - Budgeted per audit (less S15,707 for purchase of refrigerators and stoves) plus 5% for maintenance and cleaning supplies, electrical parts, plumbing supplies, hardware and tools, uniforms, appliance parts, paint supplies, lights, locks, keys, etc. Current is high because it includes $9,81 I for purchase of refrigerators and stoves. 6520 CONTRACT - Budgeted per audit (less S2I4,352.69 for rehab expenses and less $130,987 for carpeting and interior painting project, all of which are non -recurring expenses) plus 5% for landscaping, exterminating, elevator service, plumbing, electrical repairs, water treatment, gate and door repairs, generator maintenance, etc. Current is high because it includes lobby remodeling expenses of $21,287 and steam cleaning project at $20,722. 6525 GARBAGE AND TRASH REMOVAL. - Budgeted per current annualized plus 5%. 6530 SECURITY PAYROLL/CONTRACT - Budgeted per audit plus 5% for guard service at $1,600 per month, quarterly fire inspections at $832 per quarter, annual fire alarm monitoring at $360, fire alarm repairs at $1,443, and fire extinguisher maintenance at $148. 6531 SECURITY RENT FREE UNIT — Did not budget for a security' rent free unit, since employee is no longer working for Kimball Tower. 6546 HEATINCi/COOLING REPAIRS - Budgeted per audit plus 5%. 6711 PAYROLL TAXES (FICA) - Budgeted at 7.65% of salaries for Social Security and Medicare, and $224 each for L'E-LT taxes. 6720 PROPERTY AND LIABILITY INSURANCE - Budgeted per audit plus 5%. 6722 WORKER'S COMPENSATION - Budgeted per current expense plus .5%. 6723 HEALTI I INSURANCE & OTHER EMPL. BENEFITS - Budgeted per current expense plus 5% for health, dental and life insurance for Live employees. Current monthly amount for each employee is $422.51 for health insurance, $5.49 for fife insurance and $14.33 for dental insurance. In addition, budgeted new pension cost for all five employees, which is 5% of employee's base salary. Audit and current are low because of personnel vacancies. 6790 MISCELLANEOUS TAXES, LICENSES AND PERMITS - Budgeted per audit plus 5'%% for elevator permits at $420. elevator inspections at $140, annual occupancy permit at $701, backflow license fee at $562, and environmental health permit at $245. RESERVE FOR REPLACEMENTS DEPOSIT REQUIRED - Budgeted per current monthly rate of$10,000. Net Cash Surplus (Deficiency) - Even though the audit amount reflects a large net deficit, the budget did not take into account the audit cash position of the project, which was over $200,000. In the audit year, the project was able to pay for and obtain all necessary income from revenue account, which offset the deficit. May 17, 2007 Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Budget Worksheet come and Expense Projection FISCAL YEAR JULY 1, 2007 - JUNE 30,2008 KIMBALL TOWER Description of Account Acct. No Audited FYE 6/30/200b Per Unit Month 151 / 12 Cmretn 7/1/2006 3/31.2007 Per Unit Month 151 / 9 Budget 7/1/2007 6/30/2008 Per Unit Month 151 / 12 Rental Rent Revenue - Gross Potential 5120 498,868 275.31 377,951 278.11 510,675 281.83 Income Tenant Assistance Payments 5121 383,672 211.74 287,302 211.41 384,453 212.17 5100 Stores and Commercial 5140 - - - - - - Garage and Parking Spaces 5170 - - - - - - Flexible Subsidy Rcvenuc 5180 - - - - Miscellaneous Rent Revenue 5190 - - - - - - Excess Rent (Temo�nly) 5191 - - - - - - Rent Revenue/Insurance 5192 - - - - - - - - Special Claims Revenue 5193 - Retained Excess Income 5194 - - - - - - Totat Rent Revenue Potential (6)IOe% Occupancy 5100T 882,540 487.05 665,253 489.52 895,128 494.00 Vacancies Apartments 5220 10,769 5.94 5.680 4.18 13,427 7.41 5200 Stores and Commercial 5240 - - - - - - Rental Concessions 5250 - - - - - - (iarage and I'arkine, Spaces 5270 - - - - - - Miscellaneous 5290 - - - - - - Total Vacancies 5200 T 10,769 5.94 5,680 4.18 13,427 7.41 Net Rental Revenue (Rent Rev. Less Vac.) 5152N 871,771 481.11 659,573 485.34 881,701 486.59 Income Nursing Hanes/Assisted Living/ Board & Care/Other 5300 EIdely Care/Coop/Other Revenues 5300 - - - - - - 'inancial Interest Income -Project Operations 5410 9,174 5.06 5,582 4.11 9,174 5.06 Revenue Residual Receipts Interest (memo only) 5430 - - - - - 5400 Replacement Reserve Interest (memo only Miscellaneous interest 5440 5490 21,511 - 11.87 - 22,723 16.72 21,511 11.87 - - - Total Financial Revenue 5400T 9,174 5.06 5,582 4.11 9,174 5.06 Other Laundry and Vending 5910 7,282 4.02 5,086 3.74 7,282 4.02 Revenue Tenant Charges 5920 75 0.04 - - - 5900 Interest Reduction Payments r 5945 - - - - - - - Gifts (nonprofiLs) 5970 - - - Miscellaneous Revenue 5990 5900'I 15 7,372 0.01 4.07 60 5,146 0.04 - Total Other Revenue 3.79 7,282 4.02 Total Revenue 5000T 888,317 490.24 670,300 493.23 898,157 495.67 Admin. Conventions and Meetings 6203 - - - - - - Expenses Management Consultants 6204 - - - - - - - - 6200/ Advertising and Marketing 6210 - 6300 Other Renting Expense 6250 6310 5,750 1,691 3.17 4,500 3.31 6,300 3.48 Office Salaries 0.93 14,073 10.36 26,754 14.76 Office I menses 6311 14.336 7.91 9,009 6.63 15,053 8.31 Office or Model Apartment Rent 6312 - - - - - - Manapement Fee 6320 54.768 30.23 41.182 30.30 57,784 31.89 Manager Salaries 6330 45,854 25.31 14,508 10.68 48,147 26.57 Administrative Rent Free llnit 6331 6340 11.856 705 6.54 0.39 8.892 312 6.54 11.856 6.54 Leg ! Expenses (Project) 0.23 740 0.41 0.86 Auditing Expenses (Project) 6350 - - - 1,555 Accounting/Bookkeeping 6351 160 0.09 503 0.37 660 0.36 Misc. Administrative Expenses 6390 1,100 0.61 900 0.66 1,200 0.66 Total Administrative Expenses 6263T 136,220 75.18 93,879 69.08 170,049 93.85 5/172007 form 11LLi-92547-A Description of Account Acct. No Audited EYE 6/>02006 Per Unit Month I s 1 ! 12 Current 7/12006 3i3112007 Per Unit Month 151 / 9 Budget 7/12007 6/30/2008 Per Unit Month 151 / 12 Utilities FuelOil!('oal 6420 - - - - - 6400 Electricity 6450 42,042 23.20 34,431 25.34 44,144 24.36 Water 6451 29,661 16.37 26.447 19.46 31,470 17.37 Gas 6452 60.433 33.35 40,092 29.50 63.455 35.02 Sewer 6453 121,516 67.06 - - 47,565 26.25 Total Utilities Expense 64001 253,652 139.98 100,970 74.30 186,634 103.00 Operating Payroll 6510 87,003 48.01 52,938 38.95 92,159 50.86 & Mainten Supplies 6515 41,5:38 24.58 35,414 26.06 30,273 16.71 Expenses Contracts 6520 478,617 264.14 153,976 113.30 139,941 77.23 6500 Operating'Maintenance Rent Free l init 6521 10.926 - - - 6.93 Garbage and Trash Removal 6525 6.03 8.970 6.60 12,557 Security Payroll/Contract 6530 23,577 13.01 15,248 11.22 24,756 13.66 Security Rent Free Unit 6531 2.:379 1.31 3,952 2.91 - - Heating/Cooling Repairs and Maintenance 6546 15,164 8.37 10,533 7.75 15,922 8.79 Snow Removal 6548 6570 - - - - Vehicle & Maint Fqu. Open. and R_pairs - - - - - - Misc. Operating and Maint Expenses 6590 - - _ - - Total Operating & Maintenance Expenses 6500T 662,204 365.45 281,029 206.79 315,609 174.18 Taxes and Real Estate Taxes 6710 - - - Insurance Payroll Taxes (ProjeclX 6711 12,653 6.98 8.737 6.43 14,010 7.73 6700 Property and Liability Insurance 6720 6721 35,311 19.49 24,675 18.16 37,077 20.46 Fidelity Bond Insurance - - - - - Worket's Compensation 6722 12,113 6.68 12.466 9.17 13,089 7.22 Health Insurance & Other Empl. Benefits 6723 13.665 7.54 7.698 5.66 35,489 19.59 Misc. Taxes, Licenses, Permits & Ins. 6790 2,103 1.16 805 0.59 2,208 1.22 Total Taxes & Insurance 6700T 75,845 41.86 54,381 40.02 101,872 56.22 Financial Interest on Mortgage Payable 6820 - - - - - - Expenses Interest on Notes Payable (Long fern) 6830 - - - - - - 6800 Interest on Notes Payable (Short Term) 6840 - - - - - Mortgage Insurance Premium!Svice Charge 6850 - - Miscellaneous Financial Expenses 6890 - - - - Total financial Expenses 6800T - - - - Expenses Nursing Hornes/,tssisted Living/ Board & 6900 Care/Other Elderly Care/Coop/Other Expenses -� 6900 - - - - Total Cost of Operations 6000T 1,127,921 622.47 530,260 390.18 774,164 427.24 J Replacement Reserves 120,000 66.23 90,000 66.23 120,000 66.23 Principal Payments Required - - - - - - Debt Service for other approved loans - - - - Debt Service Reserve (if required) - - - - - - General Operating Reverve (Coops) - - - _ - Total Cash Requirements -- 1,247,921 688.70 62(1,260 456.41 894,164 493.47 Less Total Revenue 888,317 -r- 490.24 670,301) 493.23 898,157 495.67 Net Cash Su/plus (Deficiency) (359,604) (198.46) 50,040 36.82 3,994 2.20 We hereby ce:rt,ly that all the information stated herein, as well as any nformation provided in the aconrnpamment herewith c, to the best of our knowledge„ nee and accurate Signature Date 2`l - 0-7 1 alkenherpfGilltarn & Associates, Inc. Managing Agents Signature Date The Conmumity Development Commission of the City of National City, Owners 5/172007 lean ttUD-97547,A MORGAN TOWERS 2007-2008 BUDGET NOTES COPY SUMMARY The budget for the fiscal year ending June 30, 2008 proposes a rent increase based on the i1UD automatic Annual Adjustment Factor (AAF). This is the entire increase to which the building is entitled. Since the last rent increase was effective last year, water expenses, insurance costs and benefits have increased the most among other expenses. We will submit this rent increase package to CaQuadel and expect the rent increase to be effective September 1, 2007. Currently there are 8 Non -Section 8 tenants who may be affected by this rent increase. 5120 RENTAL INCOME APARTMENTS: The proposed rents are as follows: Unit Type # Units Current Rents AAF increase Proposed Rents I Bedroom 151 $602 $17 $619 1 Bedroom 1 Non -Revenue 5220 VACANCIES/APARTMENT'S - Budgeted at 1.5% of rents. Current loss amounts to 1.14% of rental income. 5410 INTEREST INCOME/PROJECT OPERATIONS - Budgeted per audit. 5430 RESIDUAL. RECEIPTS INTEREST INCOME - Budgeted per audit. This is a memo entry only; interest remains in residual receipts account and is not used for operations. 5440 REPLACEMENT RESERVE INTEREST - Budgeted per audit. "Phis is a memo entry only; interest remains in reserve for replacement account and is not used for operations. 5910 LAUNDRY AND VENDING - Budgeted per audit. 6210 ADVERTISING AND MARKETING — Current is for classified advertising of rental units. 6310 OFFICE SALARIES - Rudgeted per current expense plus 5% for assistance with Iit.II) paperwork at $554 per month. Budgeted additional amount for front line help with MOR Audits, additional paperwork assistance, and gross rent increase implementation. Current is high because it includes temp office help during personnel vacancies. 6311 OFFICE EXPENSE - Budgeted per current expense annualized for telephone and Internet, office equipment and maintenance, traveling and training, copying and printing, office supplies, postage, tenant screening fees, etc. 6320 MANAGEMENT FEE - Budgeted a .25% increase to 4.25% of net rental income and laundry income. Previously, HUD has not processed the increased fee, even thought it is within 11111) guidelines. 6330 MANAGERS' SALARIES - Budgeted per current expense plus 5% for Naomi Jiles, Resident Manager, working 16 hours a week, earning $1,325 per month and for Carol Green, Assistant Manager, working 32 hours a week, earning $2,4l8 per month. Budgeted additional allowance for vacation, sick, and salary increase, if merited by performance. Note that Resident Manager's salary is split between Morgan & Kimball Towers. 6340 LEGAL EXPENSES (PROJECT) - Budgeted per audit plus 5%4, for project related expenses. 6350 AUDITING i::XPENSES (PROJECT) - Budgeted per anticipated expense of $8,725 for annual audit. electronic submission and filing fees. 6351 ACCOUNTING/BOOKKEEPING - Budgeted per audit plus 5% for computer servicing, technical and software support. 6390 MISC. ADMINISTRATIVE EXPENSES - Rudgeted for a service coordinator at $500 plus 5% and for resident council expense at $100 per month. Auditor misclassified service coordinator's expense into line item #6204 - Management Consultants Expense in the actual audit. Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 # f 1 to T^t.' t Morgan Tiers 2007-2008 Budget Notes Page 2 6450 ELECTRICITY - Budgeted per audit plus 5%. 6451 WATER - Budgeted per audit plus 7.91%. Current rate is 7.91% higher than same period last year. 6452 GAS - Budgeted per audit plus 5%. 6453 SEWER - Budgeted per 2006 amount of $45,600 plus 5%. 6510 PAYROL.i. - Budgeted per current expense plus 5% for Bill hies, Superintendent, working 20 hours a week at $1,836 per month, Eddie Green, Assistant Superintendent, working 40 hours per week at $3,023 per month. and for Keyanue McCallon, Maintenance, working 40 hours per week at $2,427 per month, Budgeted additional amount for vacation, sick and salary increase, if merited by performance. Audit is high because it includes charges for temp help during personnel vacancies. Note that Superintendent's salary is split between Morgan & Kimball Towers. 6515 SUPPLIES - Budgeted per audit plus 5% for maintenance and cleaning supplies, electrical parts, plumbing supplies, hardware and tools, uniforms, appliance parts, paint supplies, lights, locks, keys, etc. Current is high because it includes replacement of stoves and refrigerators at $11,322, building decoration at $6,706, and nutrition center disposal at $5,960. 6520 CONTRACT - Budgeted per audit (less $14,158 for flooring, $17,000 for painting hallways, and $15,220 for replacement of elevator roller guides and detector edges, all of which have been reimbursed from the reserve for replacement fund) plus 5% for exterminating, elevator service, plumbing, electrical repairs, interior painting, window cleaning, water treatment, landscaping, gate and door repairs, etc. Current is high because it includes partial payment of $68,975 for the corridor carpeting project, tile work at $23,627, unit flooring/carpeting of $14,298, repairing parking lot leak at $10,080, and window coverings, fuminire and interior design work at $19,261. 6525 GARBAGE AND TRASH REMOVAL - Budgeted per audit plus 5%. 6530 SECURITY PAYROLL/CONTRACT - Budgeted per audit plus 5% for guard service, quarterly fire inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, and smoke detector installation/repairs. 6546 HEATING/COOLING REPAIRS - Budgeted per audit (less $35,244 for replacement of chiller and pump) plus 5%. 6711 PAYROLL TAXES (FICA) - Budgeted per audit plus 5% for Social Security, Medicare, and S.V.1, EFT taxes. 6720 PROPERTY Y AND LIABILITY INSURANCE - Budgeted per audit plus 5%. 6722 WORKER'S COMPENSATION - Budgeted per current plus 5%. 6723 HEALTH INSURANCE & OTHER EMi'L. BENEFITS - Budgeted per current expense plus 5% for health, dental and life insurance for 4 employees. Current monthly amount for each employee is $422.51 far health insurance, $5.49 for life insurance and $14.33 for dental insurance. In addition, budgeted new pension cost for all five employees, which is S% of employee's base salary. Audit and current are low because of personnel vacancies. 6790 MISCEi,I.ANEOUS TAXES, 1.ICENSES AND PERMITS - Budgeted per audit plus 5% for annual occupancy permit at $701, two elevator permits at $420, and environmental health permit at $100. 6820 INTEREST ON MORTGAGE PAYABLE - Budgeted per amortization schedule. 6850 MORTGAGE INSURANCE PREMIUM - Budgeted per amortization schedule. RESERVE FOR REPLACEMENTS DEPOSIT REQUIRED - Budgeted per current monthly rate of $3,127. PRINCIPAL PAYMENTS REQUIRED - Budgeted per amortization schedule. Net Cash Surplus (Deficiency) - Even though the audit and current amounts reflect a net deficit, the project was reimbursed from the reserve fund which, in turn, offset the deficits. May 21, 2007 Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 8 (323) 258-3512 Budget Worksheet come and Expense Projection .,'ROJRCT NUMBER #129-38013-PB-WA-L8 FISCAL. YEAR JULY 1, 2007 - ,TUNE 30,2008 .MORGAN TOWERS M -~ Description of Account Acct. No Audited EYE 6/30/2006 Per Unit Month 151 i 12 Current 7/I2006 3/31/2007 Per Unit Month 151/9 Budget 7/1/2007 6/30/2008 Per Unit Month 151 / 12 Rental Rent Revenue - Gross Potential 5120 465,227 256.75 366,959 270.02 504,706 278.54 Income Tenant Assistance Payments 5121 563,933 311.22 432.120 317.97 611,788 337.63 5100 Stores and Commercial 5140 - - - - Garage and Parking Spaces 5170 - - - - Flexible Subsidy Revenue 5180 - - - Miscellaneous Rent Revenue 5190 - - - - Excess Rent (memo only) 5191 - - - - - Rent Revenue/Insurance 5192 5193 - - - - Special Claims Revenue - - - - - Retained Excess Incotne 5194 - - - Total Rent Revenue Potential @I00%Occurnmy 5100T 1,029,160 567.97 799,079 587.99 1,116,494 616.17 Vacancies Apartments 5220 5,939 3.28 9,124 6.71 16,747 9.24 5200 Stores and Commercial 5240 5250 - - - - Rental Conecs.sions 647 0.36 - - - Garage and Parking Spaces 5270 - - - Miscellaneous 5290 - - - - Total Vacancies 5200T 6,586 3.63 9,124 6.71 16,747 9.24 Net Rental Revenue (Rent Rev. Less Vac.) 5152N 1,022,574 564.33 789,955 581.28 1,099,747 606.92 income Nursmg Homes/Assisted Living,/ Board & CatcA.)11 5300 Fldcdy Care/Coop/Other Revenues 5300 - - - - inancial Interest Income -Project Operations 5410 187 0.10 138 0.10 187 0.10 ,revenue Residual Receipts Interest (memo only) 5430 10,590 5.84 3,369 2.48 10,590 5.84 5400 Replacement Reserve Interest (memo only) 5440 13,858 7.65 11,748 8.64 13,858 7.65 , Miscellaneous Interest 5490 - - - - - Total Financial Revenue 5400T 187 0.10 138 0.10 187 0.10 Other Laundry and Vendina 5910 7,872 4.34 5,602 4.12 7,872 4.34 Revenue Tenant Charges 5920 5945 - - - - - - 5900 Interest Reduction Payments - - - Gifts (nonprofits) 5970 - 45 - - Miscellaneous Revenue 5990 0.02 190 0.14 - - Total Other Revenue 5900T 7,917 4.37 5,792 4.26 7,872 4.34 Total Revenue 5000T 1,030,678 568.81 795,885 585.64 1,107,806 611.37 Admin. Conventions and Meeting 6203 - - - -_ _ Expenses Management Consultants 6204 6210 - - - - 6200/ Advertising and Marketing - - - 353 0.26 - 6300 Other Renting Expense 6250 6310 - - - 7.81 - - Oflice Salaries 7,578 4.18 10.91 10,610 7,985 4.41 8.73 Office Expenses 6311 19,773 11,300 8.32 15,820 Office or Model Apartment Rent 6312 - - 22.75 1. - - Management Fee 6320A 6330 41.220 .31,498 23.18 47,074 25.98 J Manager Salaries 42.821 23.63 38,226 28.13 49,166 27.13 Administrative Rent Free Unit 6331 - - _ - - - - Legal Expenses (Project) 6340 477 0.26 150 0.11 501 0.28 Auditing Ixpenses (Project) 6350 3,350 1.85 - - 8,725 4.82 Accounting/Bookkeeping 6351 600 0.33 453 0.33 630 0.35 Misc..Administrative Expenses 6390 , 9,913 5.47 5,400 3.97 7,500 4.14 Total Administrative Expenses 6263T 125,732 69.39 97,990 72.10 137,401 75.83 erztrzco7 form HUC 92547 A Description of Account Acct. No Audited PIE 6/30/7006 Per Unit Month 151 / 12 CuiTeut 7/1/2006 3/31/2007 Per Ulla Month 151! 9 Rudget 7/1/2007 6/301200g Per Unit Month 151 / 12 Utilities Fuel Oil/Coal 6420 - _ - - 6400 Electricity 6450 38,731 21.37 31.057 22.85 40,668 22.44 Water 6451 28,866 15.93 17,683 13.01 31.149 17.19 (ias 6452 50,109 27.65 27,887 20.52 52,614 29.04 Sewer 6453 121.442 67.02 - 47.880 26.42 Total Utilities Expense 6400T 239,148 131.98 76,627 56.39 172,311 95.09 Operating Payroll 6510 81,739 45.11 73.795 54.30 95.304 52.60 & Mainten Supplies 6515 31,748 17.52 46.492 34.21 33,335 18.40 Expenses Contracts 6520 144.703 79.86 230,231 169.41 103,241 5698 6500 Operating/Maintenance Rent Free Unit 6521 - - - - 11.525 - Garbage and Trash Removal 6525 10,976 6.06 8,977 6.61 6.36 Security Pa`oll/Contract 6530 25,964 14.33 20,880 15.36 27,262 15.05 Security Rent Free Unit 6531 - - - - - Fleating/Cooling_Repairs and Maintenance 6546 55,829 30.81 10,523 7.74 20,585 11.36 Snow Removal 6548 - - - - Vchicle & Maint Equip. Oper. and Repairs 6570 - -Misc. Operating and Maint Expenses 6590 - - - - - Total Operating& Maintenance Expenses 6500C 350,959 193.69 390,897 287.64 291,253 160.74 Taxes and Real Estate Taxes 6710 - - - - - 7.39 Insurance Payroll Taxes (Project) 6711 12,748 7.04 11,736 23.289 8.64 17.1.4 13,385 6700 Property and Liability Insurance 6720 35,265 19.46 37,028 20.44 Fidelity Bond Insurance 6721 - - - - - Workers Compensation 6722 12,118 6.69 12,466 9.17 13,089 7.22 Health insurance & Other Empl. Bene its 6723 13,665 7.54 7.581 5.58 28,911 15.96 Misc. Taxes, Licenses, Permits & Ins. 6790 1,403 0.77 420 0.31 1,473 0.81 Total Taxes & Insurance 6700T 75,199 41.50 55,492 40.83 93,887 51.81 Financial Interest on Mortgage Payable 6820 211,969 116.98 152,504 1 12.22 191,470 1(15.67 Expenses Interest on Notes Payable (Long Term) 6830 - - - - - - 6800 Interest on Notes Payable (Short Term) 6840 - - • - Mortgage Insurance PremiurNSvice Charge 6850 16.240 8.96 15,344 11.29 14.517 8.01 Miscellaneous Financial Expenses 6890 - - - - Total Financial Expenses 6800T 228,2(19 125.94 167,848 123.51 205,986 113.68 Expenses Nursing Homes/Assisted Living/ Board & 6900 Care/Other Elderly Care/Coop/Other Expenses 6900 - - - Total Cost ofOperafions 6000T 1,019,247 562.50 788,854 580.47 900,839 497.15 Reserve for Replacements Dep. Required 37,524 20.71 28,143 20.71 37.524 20.71 I'rincipal Payments Required 148,087 81.73 _ 117,538 86.49 168.587 93.04 Debt Service for other approved loans - - - - - - Debt Service Reserve (if required) - - - - - General Operating Reserve (Coons) - - - - - - 'I'tal Cash Requirements 1,204,858 664.93 934,535 687.66 1,106,949 610.90 4 Less Total Revenue 1,030,678 568.81 795,885 585.64 1,107,806 611.37 Net Cash Surplus (Deficiency) (174,180) (96.13) (138,650) (102.02) 857 0.47 We hereby ccitfy that atl the information stated herein, as well as any into rnahon provided in the accompaniment herewith is. to ;he best of our knows ,dye. true and accurate Signature Falkenbcrg' Gilliam & Associates, Inc , Managing Agents Date Signature The Community Development Commission of the City of National City, Owners 5/21/2007 2 'orm Ht;n 0254/.A City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 19.2007 AGENDA ITEM NO 25 /ITEM TITLE Resolution of the Community Development Commission (CDC) of the City of National City Authorizing the Mayor to Execute an Agreement with Pacific Municipal Consultants (PMC) for $91,000, of which CDC is responsible for paying 20% of the costs and San Diego is responsible for paying 80% of the costs, 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 (ext. 4293) Economic Development Division 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 SDREZ 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 E1R 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 the CDC of 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 $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 S 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. r ATTACHMENTS 1. Background Report 2. Agreement 3. Resolution Resolution No. A-200 (9/80) ATTACIIMENT 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 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 (E1R). This new SDREZ designation is a long-temi (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 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 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 E1R. 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 RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH PACIFIC MUNICIPAL CONSULTANTS IN THE AMOUNT OF $91,000 TO PREPARE AND SUBMIT AN ENVIRONMENTAL IMPACT REPORT (EIR) TO THE CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ("HCD") FOR FINAL DESIGNATION OF A SAN DIEGO REGIONAL ENTERPRISE ZONE 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 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 ("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 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 Pacific Municipal Consultants ("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 $15,603.08 for PMC 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 by HCD, effective October 15, 2006; and WHEREAS, final designation of the SDREZ is pending a completed EIR; and WHEREAS, the 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. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with Pacific Municipal Consultants in the amount of $91,000, of which CDC is responsible for paying 20% of the costs, and San Diego is responsible for paying 80% of the costs, for professional services to prepare and submit an Environmental Impact Report (EIR) to the California Housing and Community Development Department. -- Signature Page to Follow -- Resolution No. 2007 — June 19, 2007 Page 2 PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel 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 19TH 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 a 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 CDC to PMC; and WHEREAS, the CDC wishes to contract with PMC to provide the Enterprise Zone EIR services required by the State of California'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. Z 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 Reynoso 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 shall be mailed and faxed to National City and copied to the City of San Diego. The invoice shall include the total invoiced amount, and include a breakdown to reflect the 80% due from San Diego, and the 20% due from National City. San Diego shall be responsible for delivery of timely payment to National City for its 80% share within 10 business days of receipt of PMC's invoice. Monthly invoices will be processed for payment and remitted within thirty (45) 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. 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 turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the 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 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. Alt agreements by CONSULTANT with its subconsultant(s) shall require the subconsuttant 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 5 Agreement, any license, permit or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. 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 regions. 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 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 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 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 attorney'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. 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 loss 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 California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. I. 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 the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation, shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for, and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. 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 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, retum receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950 10 To the CONSULTANT: Philip O. Carter 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. I Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. 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 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 parry'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. IZ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISION OF THE CITY OF NATIONAL CITY PACIFIC MUNICIPAL CONSULTANTS By: By: Ron Morrison, Chairman Philip O. Carter, President APPROVED AS TO FORM: By: George H. Eiser, III Jennifer LeBoeuf, Secretary CDC Legal Counsel 19) TABLE OF CONTENTS Exhibit A • ttflZRQ Introduction 1-1 Project Scope 2-1 Schedule 3-1 Statement of Qualifications 4-1 Estimated Cost 5-1 1 Li INTRODUCTION ib K :i C'4A �va+i.a a4KYa28iLY'Y "si:>.YieV]sr41:a-X.^ UNDERSTANDING Pacific Municipal Consultants (PMC) is pleased to provide this proposal for the preparation of a Prograrntnatic Environmental Impact Report (PEIR) for the establishment of a California Enterprise Zone. 'l'he. City of San Diego will serve as the lead agency in the processing of the PEIR. The City of San Diego, City of Chula Vista, and National City are engaged in the task of applying to the California Department of Housing and Community Development (I !CD) for establishment of the California Enterprise Zone designation. The proposed Enterprise Zone does not change any land use designations, nor does it propose any specific development. The. designation of Enterprise Zone 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 be eligible to for benefits that include: tax credits for luring qualified employees, tax credits for sales and use tax paid on qualifying machinery purchases, interest deductions to lenders on loans to firms 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 specialized technical and financial assistance programs. The environmental planning services to be provided by PMC shall include input and inforrnation obtained from the City of San Diego, City of Chula Vista, and the City of National City on previous documentation. PROJECT SCOPE "1'hc 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 7.one 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. 1'MC will then review all relevant data for the project including project files, previous technical studies, maps, additional environmental documents prepared in the respective Cities, and studies prepared by the respective agencies. During this early stage of the project, PMC will rake the opportunity to field visit and photograph the project site as well as collect all pertinent information available on the site and the environunental 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 part of the preliminary application. TASK 2 ADMINISTRATIVE DRAFT EIR An Administrative Draft Environmental impact Report (ADLER) will be prepared in conformance with the CF.QA Guidelines. The ADEIR 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 avernal review and continent prior to public release of the Draft FIR (wider Task 3, below). The ADEIR will rely primarily on existing environmental docutnents supporting the General Plans for each jurisdiction. The major sections and areas of concern to he addressed arc outlined below. Introductory Sections Introduction. This brief introductory section will discuss the legal authority for preparing the RIR under CEQA and the City's envirorunental 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 seeping process as appropriate. Executive Summary. This section will include a brief description of the project and a sun -unary table that lists all of the potential impacts identified in the E1R by topic, along with the corresponding mitigation I to PROJECT SCOPE measures and the level of significance after mitigation. A summary of the project alternatives will also be included. Project Description. The project description will describe all,aspects of project design, construction, phasing and operation as required by CEQA. The project description will include, using text, graphics and tables, all anticipated public improvements (infrastructure systems, roads, etc.) and other project details. Also included will be a discussion of the 'Uses of the EIR,' which will itemize. the entitlements and approvals required, which may rely on the FAR for environmental information as required by CEQA. Environmental Setting and Analysis This is the main chapter of the LlR, and will include separate sections for each environmental topic area. This chapter will be 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 timing and enforcement responsibility. The analysis tasks for each anticipated topic are described below. Aesthetics The following tasks will he performed for the Aesthetics section of the EIR: • 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 be described. 11 PROJECT SCOPE • 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 ideuli.fied. Agricultural Resources The proposed project area appears to be 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. • 1)etennunc the project's consistency with all applicable General Plan policies, Area Plan policies, Conservation Plans and other appropriate plans and guidelines. • Identify mitigation mcasure.s 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 luring (qualified employees, tax benefits, expedited project processing, reduction of some City fees, and employee hiring assistance. While no spec development projects are planned or proposed as part of the proposed EZ project, it is anticipated that new industrial a.nd commercial development, rehabilitation of existing structures for new business, and employment growth would occur throughout the Enterprise Zone area. The EIR will also include an analysis of potential air resource impacts associated with increased development and employment associated with the EZ. Biological Resources Review of the California Naniral Diversity Database and other available information identifies that sensitive species may occur on the project site. 'The Biological Resources Section of the EIR will identify and describe these baseline conditions of the project area utilizing existing PROJECT SCOPE information to greatest degree feasible; analyze the foreseeable impacts of the proposed project to these resources and others as applicable; and provide mitigation for significant impacts to biological resources that will reduce project impacts to less- than-signrificant. PMC will perform the biological resources analysis for the FIR, 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 arca. This increase in development may result in the removal or disturbance of sensitive biological resources, landmark trees and/or wetlands. This is a potentially significant issue and will be further addressed in the. FIR. 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 F,IR: • 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 S1. 18; and • Completion of the cultural resources section for the Environmental Impact Report (FIR) for the project area that includes a description of the environmental setting and presents appropriate mitigation measures. 1/A PROJECT SCOPE Geology and Soils The purpose of the geological and geotechnical analyses outlined in this proposal will he to evaluate the site geological, geotechnical, and seismic conditions. The following tasks will be performed for the geology and soils section of the 1 1R: • 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 gcoluorphology. • 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 gco-hazards; an impact 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 arc planned or proposed as part of the proposed FY. 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 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 be performed for the hazardous materials/public health section of die EIR: • Review Federal, State, and local hazardous material databases, records and reports for potential hazardous conditions. • Research historic laud usage within the project area to identify potential land uses that may have contaminated the area. • Sunnnnarize applicable federal, state, and local hazardous materials and safety regulauons and standards as they pertain to the project. S:c;of ?'.'. PROJECT SCOPE :.Lw+'cry • 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 F:Z. 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 result in 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 he reduced to less than significant. The following tasks will he 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 FEMA Flood Insurance Study, (Unincorporated and Incorporated Areas). flooding risk and conditions will be characterized based, in part, on existing FLiMA information. • Review of policies and standards pertauung 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. 7I PROJECT SCOPE ra 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 fur 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 he 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 funire development patterns and land uses. identify adopted, planned and proposed development in the project arca and buildout under the respective. General flans. • Describe and snap 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 Gmeral Plan policies, Area Plan policies, Conservation Plans, development standards and other appropriate plans and guidelines. • Identify mitigation measures for auy potentially significant land use impacts identified. Noise The proposed individual projects within the designated enterprise zone may result in short torn 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 I{quivalent Level (CNEL) may he subject to mitigation to a compatible level through harrier 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. "I'he following tasks will he completed for the noise section of the EIR PROJECT SCOPE • 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 Stare and Federal standards. • Significant noise unpacts will occur if the project. generated traffic results in a significant increase in traffic noisc 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 treasures 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 FIR 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 Arca 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 Impleanentation 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 Ellt: • Service providers will be contacted in order to determine existing service levels in the project arca. This would include documentation regarding existing staff levels, equipment and � 7 PROJECT SCOPE 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 treasures 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 iu 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 FiR. This would include a description of the existing traffic conditions in the area, identification of level of service standards, identification of short terns 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 CF,QA 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. PROJECT SCOPE The cumulative analysis will address each topic covered in the etvironmental 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 FIR will include other required sections including growth -inducing impacts of the project, significant irreversible environmental effects and sununary of significant and unavoidable impacts of the project Project Altematives 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 the extent that the alternatives can achieve project objectives or reduce adverse impacts. This analysis will be presented in a separate chapter of the EIR. Deliverable: Five (.5) copies of the ADL?1R will be delivered for internal review and continent. TASK 3 DRAFT EIR PREPARATION AND DISTRIBUTION Based on comments received from staff review of the Administrative Draft F.IR wider 'Task 2, the public Draft FIR 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 continence 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 FTR 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. r PROJECT SCOPE TASK 4 FINAL EIR PREPARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Concurrent with the 15 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 connnent letters from individuals and agencies, PMC will then prepare draft responses to comments, along with an errata section containing any ETR text revisions. Upon complerion, 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 cotmncnts received from staff, final revisions to the docurnent will be made. Fifty (50) copies of the Final EIR and MMRP will he 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 Cll. 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 wehsite postings to provide information to the public regarding the EIR 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 anticipate.s participation at up to five public meetings (two with the Planning Commission, two with the City Council and one for the public scoping meeting) inn addition to periodic meetings with staff throughout die RIR preparation process. OPTIONAL TASK 7 CEQA FINDINGS OF FACT AND STATEMENTS OF OVERRIDING CONSIDERATION This optional task would involve PMC preparing the CF,QA Findings of Fact and Statements of Overriding Consideration for certification of the Final EIR. -up PROJECT SCOPE 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) 1/1 SCHEDULE The following is r.hc FIR completion schedule. The schedule provides a expedited timeline tot EIR completion, accounting fur staff review time, public review, and current staff workloads. Project Schedule for the Enterprise Zone EIR Project Task Approx. Weeks Dates 2) Administrative Draft EIR Agency Review 4) Administrative Final EIR Agency Review FEIR 5 Completed 2 June 8 - June 22, 2007 1 August 14 - August 20, 2007 2 August 21- September 5, 2007 1 September 6 - September 14, 2007 6) Staff Meetings and Public Through DEUR and FEIR process Hearings Total 16 weeks PMC is coIInrllttcd to meeting the project schedule identified above. The PMC tears 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 derailed above in a timely and responsible manner. 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`7u. 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 FIR 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 inability to 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 he requested, additional budget may be required. The budget assumes that any discrepancies between comments will he 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 re.quirc additional budget. '.a ESTIMATED COST Enterprise Zone EIR F: „a Sur., s: S: Crime .. ... z, r 'ao0.• r..z'r,. m Gr, cs Cc ns4e. Proeq aroaaan 20 8.0 00 0.0 4.0 0.0 $14 $280 $840 50 50 $320 50 50 51,440 Subtotal $3 $13 50 50 512 S2 50 50 $30 Task! $420 $1,365 50 $0 $960 5130 50 3800 $3,675 IntroductorySections 2.0 12.0 1.0 1.0 10 6.0 0.0 0.0 26.0 $280 $1,260 $100 $100 S320 S390 50 50 $2.450 Agricultural Resources 0.0 8.00.0 00 80 2.0 18.0 f0 $840 50 SO $640 $130 SD $1,610 Biological Resources 8.0 40.0 0.0 O.G 00 6.0 54,0 51,120 $4,200 50 30 $0 5390 $250 35,960 2.0 20.0 0.0 0.0 8.0 10 31.0 $260 52,100 $0 SO 5640 $65 SO $3,065 Hydrology end Water 2.0 24.0 0 0 0.0 8.0 4.0 38.0 Quaky 5280 52,520 50 SO $640 $260 SO $3,700 1.0 16.0 00 0.0 80 2.0 27.0 $140 51,680 50 50 $640 $130 50 $2590 Public Services and 7.0 14.0 0.0 0.0 6.0 2.0 24.0 U080es $280 $1,470 50 50 $480 $130 60 $2.360 Traffic and Crculabon 2.0 20.0 O.0 00 4.0 2.0 28,0 $280 52,100 $0 50 $320 $130 f0 $2.830 Ccatul:6ve Impacts 2.0 15.0 0.0 0.0 80 20 770 and OM:ec CFQA Sucp $280 $1.5/5 50 50 5640 $130 50 $2,625 Document Productrn 0.0 0.0 0.0 0.0 1.08.0 9.0 50 50 30 50 S80 S520 5800 $1.400 In. Revise ADERIPreparaUoo of DER IV Preparation of FEIR and MMRP SuWdd 8 30 0 0 20 6 0 0 64.0 Iasi It $1.120 63,150 $0 50 $1,600 $390 50 $2.860 59,120 Preparation of t.oeces 0.0 4.0 00 0.0 8.0 4.0 16.0 SO $420 SO $0 $640 $260 $0 $250 $1,570 Vi. Meetings and Public Hearings �I ' ESTIMATED CO ST Fe- Su0tdd 16 40 0 0 0 0 0 0 56.0 lark ll $2,240 04.200 S0 50 50 50 50 5500 $6,940 Project Hours 95.0 442.0 1.0 10 139.0 71.0 0.0 0.0 799.0 Project Cost $13,300 $46 410 5100 $100 515.170 54,615 S0 $10.960 S90.605 Cc• ena! task a'd Costs 0.0 0.0 0.0 0.0 0.0 00 0.0 50 60 S0 50 50 60 f0 50 60 00 0.0 0.0 0.0 60 50 50 So ?he Mn Dd In Me sns4m kks46Od:ltanv is rid kr 120 days. ADDITIONAL STAFF RESOURCES 0.0 The above list represents the staff which PMC anticiparrs will Fir requited, however it is possible that the nerd for additiunal staff may arise Therefore PMC may assign additional staff type, as necessary to complete the services required trader thus agreement Compensation races for adtbnunal staff types will be determined by PM(: and wll be consistent with the rates Itstcd herein. Assignment of additional staff will out change the budget of this agreement, unless agreed upon by both parties with the execution of an amendment. Without teed rig PMC's wntteu peumssioq client agrees not to hoc, lawn 01 contract with any employee of PMC who performs services tor client under this agreement for a period bt uric yur (terms the date this agreement ss temunated. -211 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 26 MEETING DATE Jame 19 2007 AGENDA ITEM NO ( EM TITLE // Resolution to Authorize the Execution of the Supplemental Memorandum of Understanding to the FIRST MOU with the City of San Diego and the City of Chula Vista allocating environmental analysis fees for the San Diego Regional Enterprise Zone, with San Diego to pay for 80% of the cost, not to exceed S72,800 and National City to pay 20% of the costs, not to exceed $18,200. PREPARED BY DEPARTMENT Jacqueline Rcynoso (ext. 4293) Economic Development Division 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 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). 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 Calilbrnia 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 Supplemental 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 invoiced amount not exceed S72,800, 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 SUPPLEMENTAL MOU to the FIRST MOU with the City of San Diego and the City of Chula Vista for the San Diego Regional Enterprise Zone. I' ATTACHMENTS 1. Background Report 2. SUPPLEMENTAL MOU 3. Resolution Resolution No. A-200 (9/80) 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 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-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 325,000 to provide environmental consulting services related to the submittal of the Application in compliance with the requirements of the Califomia 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 arc 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 SUPPLEMENTAL 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 weed to pick up since Chula Vista has already completed an EIR submitted to the State with our application). 1 RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A SUPPLEMENTAL MOU WITH THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA 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"j 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"j; 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 Department of Housing and Community Development ["HCD"j 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 Supplemental Memorandum of Understanding to the First MOU 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 Executive Director to execute the Supplemental Memorandum of Understanding to the FIRST MOU with the City of San Diego and the City of Chula Vista for the San Diego Regional Enterprise Zone to reflect each jurisdiction's fiscal responsibility to complete the Environmental Impact Report, with San Diego to pay for 80% of the costs, not to exceed $72,800; and National City to pay 20% of the costs, not to exceed $18,200. -- Signature Page to Follow — Resolution No. 2007 — June 19, 2007 Page 2 PASSED and ADOPTED this 19th day of June, 2007. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING TO THE FIRST MOU ALLOCATING ENVIRONMENTAL ANALYSIS FEES FOR TiHE SAN DIEGO REGIONAL ENTERPRISE ZONE RECITALS This Supplemental Memorandum of 1 Jnderstanding [SUPPLEMENTAL MOU] is entered into by the City of San Diego [San Diego], the (City of National City [National City], and the City of Chula Vista [Chula Vista], all California municipal corporations [hereinafter collectively "the Parties" or "the Partners" or "the Partnership"], for the limited purpose of allocating financial responsibility of environmental analysis fees for the San Diego Regional Enterprise Zone. WIIEREAS, on August 31, 2006, the Partners executed a First Memorandum of Understanding [FIRST MOU] for purposes of identifying the Partnership and its intended goals, and allocating financial responsibility for consulting services necessary only for the submittal of the application to the California Housing and Community Development Department [HCD] for designation of a San Diego Regional Enterprise Zone [EZ]. WHEREAS, in the FIRST MOl l the Partners agreed upon conditional approval of the EZ. to negotiate a second memorandum of understanding [SECOND MOU] setting forth each Partners' specific arca of responsibility and financial obligation from that point forward for the duration of the EZ. This Si.JPPLFMEN'1'AI, MOIJ does not constitute the SECOND MOU contemplated by the Partners, but rather serves the limited purpose of allocating financial responsibility of environmental analysis fees for the EZ as further described below. WHEREAS, on November 3, 2006, IICD awarded conditional EZ designation, and in a letter dated January 17, 2007 (attached as Exhibit "A") set forth conditions to be satisfied prior to the final EZ designation. WHEREAS, a condition of anal EZ designation is submittal of an Environmental Impact Report and Notice of Completion pursuant to (;iQA Guidelines, Section 15085 ["EIR"]. WHEREAS, to satisfy the condition pertaining to the EIR, the Parties concur that National City will enter into a contract with PACIFIC MUNICIPAL CONSULTANTS ["PMC"] to provide environmental consulting services and produce the required EIR documents. WHEREAS, the Parties agree the total fiscal PMC contractual obligation shall not exceed $91,000, and that San Diego shall be responsible for a total amount not to exceed $72,800, and National City shall be responsible for a total amount not to exceed $18,200. This allocation is based on San Diego's and National City's acreage within the EZ, as well as the fact that Chula Vista obtained a certified Environmental impact Report in 2006, which the Parties are informed and understand will he included by reference in the completed EZ EIR. In the event Chula Vista's previously certified Environmental Impact Report is insufficient, or further environmental review related to any areas within Chula Vista's boundaries is necessary, the L allocation set forth above will be null and void and a new allocation among all three Partners shall be negotiated. NOW "THEREFORE, in consideration of the above recitals and the mutual covenants and conditions set forth herein, and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Partners hereby agree to the following: 1. The Recitals set forth above are true and correct and fully incorporated herein. 2. National City will enter into a contract for professional services with PACIFIC MUNICIPAL CONSULTANTS [PMC] for PMC to provide environmental consulting services to the Partners, and for PMC to produce the Environmental Impact Report and Notice of Completion pursuant to (7EQA (iuidelines, Section 15085 ["EIR"] as required by IICD in its letter dated January 17, 2007 (Exhibit "A" hereto). All documents, invoices, and records related to any services rendered by PMC shall promptly be made available to San Diego upon request. 3. National City expressly represents and warrants PMC is properly trained and experienced to prepare the environmental documents required by HCD. 4. The total amount of the PMC contractual obligation shall not exceed $91,000. 5. The Parties shall pay the PMC contractual obligation in accordance with the following allocation: a. San Diego shall be responsible for 80% of all invoices received from PMC, not to exceed a total amount of $72,800; b. National City shall be responsible for 20% of all invoices received from PMC, not to exceed a total amount of $18,200; c. At this time, the Parties agree Chula Vista shall not be financially responsible for any share of the PMC contractual obligation because it obtained a certified Environmental Impact Report in 2006, which the Parties are informed and understand will be included by reference in the completed EZ EIR. In the event Chula Vista's previously certified Environmental Impact Report is insufficient, or further environmental review related to any areas within Chula Vista's boundaries is necessary, the allocation set forth above shall be null and void and a new allocation among all three Partners shall be negotiated. 6. Within 30 days of completion of any billable work, PMC shall prepare an itemized invoice and shall promptly mail and fax it to National City for payment. PMC shall concurrently deliver copies of the same invoice to San Diego for reference. The invoice shall include the total invoiced amount, and a breakdown to reflect the 80% due from San Diego and the 20% due from National City. 3 7. National City shall deliver a copy of PMC's invoice to San Diego with a request for payment of San Diego's 80% share of the invoice. Within 10 business days of receipt of a request for payment from National City, San Diego shall deliver a check to National City, made out to "Community Development Commission of the City of National City," for San Diego's 80% share of the invoice. 8. In accordance with National City's contract with PMC, National City shall be solely responsible for delivery of timely payment to PMC for all invoices received, including National City's 20% share, within 45 days. 9. Each Partner acknowledges and agrees this SUPPLEMENTAL MOU, as well as any payments hereunder, may be subject to approval by their respective City Councils. 10. This SUPPLEMENTAL MOU frilly expresses the final and complete understanding of the Partners concerning the matters covered therein. No change, alteration, or modification of the terms or conditions of this SUPPLEMENTAL MOU, and no verbal understanding of the Partners, their officers, agents, or employees shall be valid unless made in writing and signed by the each Partners' daily authorized representatives. All prior negotiations and agreements concerning the matters covered herein are merged into this SUPPLEMENTAL MOU. IN WITNESS WHEREOF, each Partner agrees to abide by the terms of this SUPPLEMENTAL MOU and hereby executes the same by and through its duly authorized representative on this 19tr' day of June, 2007. THE CITY OF SAN DIE;GO Date: By William Anderson Director City Planning and Community Investment Approved as to form and legality: By Jana I.. Garrno, Deputy City Attorney THE CITY OF CHULA VISTA Date: By Approved as to form and legality: By Jim' Thomson, Interim City Manager Elisa Cusato, Deputy City Attorney THE CITY OF NATIONAI. CITY Date: By Brad Raulston, Executive Director, Community Development Commission of the City of National City Approved as to form and legality: By_ _ George Eiser, City Attorney b1T- ,4 BTATE.QE CAUE9RMA.-8.t1SINESS=Tf3ALYSPORTATI()N A[ h atalN.aAGEliCY 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: Arnotr+ Schwar�tr ger Gove{nor 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 fetter 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 to 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 request an 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. ffyou have any questions, please contact me at (916) 327-2862. Sincerely, FWere ief St-te Enterprise and Economic Development 2. r 4. Conditions for Designation For The San Diego Enterprise Zone Condition(s) Describe the specific steps the multi-jurisidictional enterprise zone will take 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. Authority _ _ Page 12 Provide explicit, quantifiable goals that will be accomplished in the first five years of the proposed enterprise zone. Describe how performance of the activities in the Financing Plan will be self -evaluated. Page 20 Page 24 Describe the self -evaluation process to be used to evaluate the performance of each Loc IIncentiv offered to zone VC - businesses. '-✓ P " `1"`) � �y"'� / sr' j, All/ Ch C Submit two copies of the certified Environmental 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 28 Page 32 tireless otherwise stated, the authority cited is the page number from the Department of Housing and Community Development's Application for Designation--2006 (handbook). 3 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. 27 ITEM TITLE APPROVING AN AGREEMENT WITH RORE, INCORPORATED FOR AS NEEDED ENVIRONMENTAL CONSULTING RELATED TO THE NATIONAL CITY REDEVELOPMENT PROJECT PREPARED BY C7 Colby Young (Ext. 429 ) Redevelopment Intern DEPARTMENT P" Community Development Commission EXPLANATION In April and May of 2005, CDC staff conducted a Request for Qualifications (RFQ) process to select on call environment consultants for fiscal years 2005-2006 and 2006- 2007. The process was conducted to diversify and add to the services being provided to the CDC exclusively by Environmental Business Solutions (EBS) since 1999. The Request for Proposals sought "as needed" environmental consulting services to the Community Development Commission (CDC) to facilitate redevelopment of the National City Redevelopment. PLEASE SEE BACKGROUND REPORT >� Environmental Review Not applicable. Financial Statement The 2007-2009 CDC Budget anticipates expenses up to $1 million for environmental studies, site remediation and oversight for various sites within the National City Redevelopment Project. Although it is impossible to predict how much environmental consulting will be requested during the upcoming fiscal year, the contract contains a "not to exceed" amount of $250,000 for services from the effective date until June 30, 2007, with the same stipulation given to three (3) additional environmental consulting firms. Funding is budgeted by project and is primarily paid for through developer deposits and/or reimbursements. Account No l 1 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Resolution No. 2007-XX 2. Proposed agreement by and between CDC and Resolution No. ATTACHMENT 1 BACKGROUND REPORT Services provided on an as needed basis by environmental consultant: • Provide advice on contaminated site remediation processes to CDC staff, officials and legal counsel • Represent the CDC in meetings with regulators environmental matters must be discussed • Conduct research, analyze data, and provide expert actions of the CDC related to contaminated sites • Prepare various legally required hazardous materials reports and plans for regulators on behalf of the CDC and regulatory when technical advice for legal The on call services performed under this general consulting contract are regarding properties for which no development project has yet materialized, for multiple properties and projects, for properties owned and operated by the CDC itself, for environmental oversight on continuing projects, and for miscellaneous planning/processing discussions where expert advice or research is needed. In some cases, projects would be assigned by special expertise or scheduling needs. In other cases, the firms will submit competitive proposals to the CDC to facilitate a selection for an assignment. The 2005 RFQ process produced 13 responses, which were reviewed by a staff committee made up to two members of the CDC staff, one member of Public Works staff and one member of the Engineering Department staff. Twelve (12) of the submitting environmental firms were deemed qualified to serve the CDC's needs, following which a consensus process was used to select four firms for a two-year period. Highly valued attributes included consistency with organizational values, attention to detail in the submitted proposal, and references from other jurisdictions. Two of the selected firms are long-time local companies with extensive experience in regulatory requirements for remediation projects, two of the firms are well -qualified but newer organizations, one of which is a minority woman -owned firm. Due to the CDC's high satisfaction with the previously qualified consultants, staff desires to retain the firms for an additional two year period. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH RORE, INCORPORATED TO PROVIDE AS -NEEDED ENVIRONMENTAL CONSULTING SERVICES FOR FISCAL YEARS 2007/08 AND 2008/09 WHEREAS, the Community Development Commission of the City of National City ("CDC") desires to employ a contactor to provide as -needed Environmental Consulting Services for Fiscal Years 2007/08 and 2008/09; and WHEREAS, the CDC has determined that Rore, Incorporated is qualified by experience and ability to perform the services desired by the CDC, and Rore, Incorporated is willing to perform such services for the not to exceed amount of $250,000. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an agreement with Rore, Incorporated in the not to exceed amount of $250,000 to provide as - needed Environmental Consulting Services for Fiscal Years 2007/08 and 2008/09. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of June, 2007. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RORE, INCORPORATED THIS AGREEMENT is entered into this 1st day of July, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and RORE, Incorporated (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide on- catl environmental consulting services for the fiscal years 2007-2008 and 2008-2009. WHEREAS, the CDC has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit A.to keep staff and the Community Development Commission advised of the progress on the project. The CDC 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 CDC and the Revised May 2007 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. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Gila Murthy, Ph.D. thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed $250,000 with the understanding that each separate Project to be completed by CONTRACTOR will be on a time and materials basis, as described in Exhibit B, with a Project budget having received prior written authorization from the Redevelopment Projects Manager prior to any work being conducted. On call services that cannot be deemed a Project, for example, general inquiries, shall not exceed $10,000 without prior written authorization from the Executive Director. 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 B as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shalt make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. The Agreement shall be in effect from the date of authorization through June 30, 2009. 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 CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be 2 Revised May 2007 unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent contractors and that the CONTRAC- TOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and 3 Rovmod May 2007 regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES. PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is Legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments Identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for 4 Revised May 2007 training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the 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 faultof the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said 5 Revised May zoo? acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, al its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years atter expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIIi according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. ment. 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 6 Revised May 2007 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 attomey'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 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 shalt be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business 7 Revised May 2007 reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONTRACTOR: Brad Raulston Executive Director Community Development Commission of the City of National City 140 East 12th Street, Suite B National City, CA 91950 Gita Murthy, Ph.D. BORE, Inc. 5151 Shoreham Place, Ste. 260 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 AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City 8 Revised May 2007 Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. S. 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 shalt 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 shalt be govemed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an 9 Revised May 2007 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, (li) 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 parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY (Two signatures required for a corporation) By: By: Ron Morrison, Chairman (Name) Gti• My-n+1 CCo APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel 10 By: (Title) ,l• (Name) GtTA n a .y r GF0 (Title) Revised May 2007 SCHEDULE OF FEES Effective January 1, 2007 PROFESSIONAL SERVICES irTiamitirckotticttfisotet aw HOURLY RATE Project Director $115 Project Manager $105 Project Engineer, Geologist, Scientist $90 Staff Professional $75 Environmental Technician $58 Designer/Drafter $50 Consultants (outside) $150 SUPPORT SERVICES Office Manager/Executive Secretary Computer Word Processing $45 $45 OTHER COS'I'S Field Truck $100/day Equipped Field Van $100/day Per Diem Per Govt. Organic Vapor Analyzer $100/day Materials (PPE, Level C-I)) $55/person All Other Direct Costs Actual Costs plus 10% G&A Telephone, Mail, and Copying 5% of Professional Services Additional Terms & Conditions • Scheduled rates are effective through June 30, 2008 • Scheduled labor rates include overhead, administration, and profit • Direct Costs related to projects (for e.g., field equipment, subcontractor fees, permits, laboratory analyses) will be charged at actual cost plus 10%. • Work performed on the weekends and holidays will be charged at 150% of scheduled rates • Expert witness testimony (depositions) will be charged at $300 per hour. Preparation for testimony will he charged at normal hourly rates City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 28 MEETING DATE June 19, 2007 AGENDA ITEM NO. ITEM TITLE APPROVING AN AGREEMENT WITH GEOSYNTEC CONSULTANTS FOR AS NEEDED ENVIRONMENTAL CONSULTING RELATED TO THE NATIONAL CITY REDEVELOPMENT PROJECT PREPARED BY C Colby Young (Ext. 429 ) Redevelopment Intern DEPARTMENT Community Development Commission EXPLANATION In April and May of 2005, CDC staff conducted a Request for Qualifications (RFQ) process to select on call environment consultants for fiscal years 2005-2006 and 2006- 2007. The process was conducted to diversify and add to the services being provided to the CDC exclusively by Environmental Business Solutions (EBS) since 1999. The Request for Proposals sought "as needed" environmental consulting services to the Community Development Commission (CDC) to facilitate redevelopment of the National City Redevelopment. PLEASE SEE BACKGROUND REPORT Environmental Review Not applicable. Financial Statement The 2007-2009 CDC Budget anticipates expenses up to $1 million for environmental studies, site remediation and oversight for various sites within the National City Redevelopment Project. Although it is impossible to predict how much environmental consulting will be requested during the upcoming fiscal year, the contract contains a "not to exceed" amount of $250,000 for services from the effective date until June 30, 2007, with the same stipulation given to three (3) additional environmental consulting firms. Funding is budgeted by project and is primarily paid for through developer deposits and/or reimbursements. Account No 1 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Resolution No. 2007-XX 2. Proposed agreement by and between CDC and Resolution No. ATTACHMENT 1 BACKGROUND REPORT Services provided on an as needed basis by environmental consultant: • Provide advice on contaminated site remediation and regulatory processes to CDC staff, officials and legal counsel • Represent the CDC in meetings with regulators when technical environmental matters must be discussed • Conduct research, analyze data, and provide expert advice for legal actions of the CDC related to contaminated sites • Prepare various legally required hazardous materials reports and plans for regulators on behalf of the CDC The on call services performed under this general consulting contract are regarding properties for which no development project has yet materialized, for multiple properties and projects, for properties owned and operated by the CDC itself, for environmental oversight on continuing projects, and for miscellaneous planning/processing discussions where expert advice or research is needed. In some cases, projects would be assigned by special expertise or scheduling needs. In other cases, the firms will submit competitive proposals to the CDC to facilitate a selection for an assignment. The 2005 RFQ process produced 13 responses, which were reviewed by a staff committee made up to two members of the CDC staff, one member of Public Works staff and one member of the Engineering Department staff. Twelve (12) of the submitting environmental firms were deemed qualified to serve the CDC's needs, following which a consensus process was used to select four firms for a two-year period. Highly valued attributes included consistency with organizational values, attention to detail in the submitted proposal, and references from other jurisdictions. Two of the selected firms are long-time local companies with extensive experience in regulatory requirements for remediation projects, two of the firms are well -qualified but newer organizations, one of which is a minority woman -owned firm. Due to the CDC's high satisfaction with the previously qualified consultants, staff desires to retain the firms for an additional two year period. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CIT AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH GEOSYNTEC CONSULTANTS TO PROVIDE AS -NEEDED ENVIRONMENTAL CONSULTING SERVICES FOR FISCAL YEARS 2007/08 AND 2008/09 WHEREAS, the Community Development Commission of the City of National City ("CDC") desires to employ a contactor to provide as -needed Environmental Consulting Services for Fiscal Years 2007/08 and 2008/09; and WHEREAS, the CDC has determined that Geosyntec Consultants is qualified by experience and ability to perform the services desired by the CDC, and Geosyntec Consultants is willing to perform such services for the not to exceed amount of $250,000. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an agreement with Geosyntec Consultants in the not to exceed amount of $250,000 to provide as - needed Environmental Consulting Services for Fiscal Years 2007/08 and 2008/09. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of June, 2007. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND GEOSYNTEC CONSULTANTS THIS AGREEMENT is entered into this 1st day of July, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and GEOSYNTEC (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide on - call environmental consulting services for the fiscal years 2007-2008 and 2008-2009. WHEREAS, the CDC has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and the Community Development Commission advised of the progress on the project. The CDC 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 CDC and the Re'visc i May 2007 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. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Sam Williams, P.G. C. Hg. thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed $250,000 with the understanding that each separate Project to be completed by CONTRACTOR will be on a time and materials basis, as described in Exhibit B, with a Project budget having received prior written authorization from the Redevelopment Projects Manager prior to any work being conducted. On call services that cannot he deemed a Project, for example, general inquiries, shall not exceed $10,000 without prior written authorization from the Executive Director. 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 B as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. The Agreement shall be in effect from the date of authorization through June 30, 2009. 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 CDC for use with respect to this Project, and shalt be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be 2 Revised May 2007 unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. AU agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth. and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent contractors and that the CONTRAC- TOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and 3 Revised Me, 2C"C7 regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license. permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading. demotion, transfer, recruitment or recruitment advertising. layoff or termination, rates of pay or other forms of compensation, and selection for 4 Revised May 2007 training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's tees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said 5 H, cased May 2X7 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, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except tor the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance Limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event. the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have 6 Reyds€.d May 2007 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 borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business 7 Re'visrni May 2007 reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other Like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Brad Rauiston Executive Director Community Development Commission of the City of National City 1243 National City Blvd National City, CA 91950 To the CONTRACTOR: Sam Williams, F.G. C. Hg. Geosyntec Consultants ,zoo ,- 75-1*3O6 Rancho Bernardo Rd, Stems San Diego CA 92127 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, tolecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment. process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City 8 RC i,c41 May 200/ Conflict of Interest Code. The CONTRACTOR shalt immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall he governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an 9 Revised May 2007 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 hound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY (Two signatires required for a corporation) By: By: Ron Morrison, Chairman (Name)/ 1 �7x-S541Cx APPROVED AS TO FORM: By: (Title) George H. Eiser, III (Name) CDC Legal Counsel (Title) 10 Vicapsed May 2007 GEOSYNTEC CONSULTANTS RATE SCHEDULE FOR COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY (UPDATED 30 APRIL 2007) Professional Services Rate/Hour Staff Professional $ 86 Senior Staff Professional $100 Professional $112 Project Professional $126 Senior Professional $143 Associate $163 Principal $204 Field Services Engineering Technician Senior Engineering Technician Field Manager Site Manager Field Superintendent Design Support Services $ 55 $ 61 $ 66 $ 76 $ 66 Senior Drafter/Senior CADD Operator $ 98 Drafter/CADD Operator/Artist $ 86 Technical Word Processor $ 55 Administrative Assistant $ 61 Clerical $ 43 General Direct Expenses Subcontract Services Communications Fee Specialized Computer Applications (per hour) Personal Automobile (per mile) Photocopies (per page) Cost plus 0% Cost plus 10% 3% of Professional Fees $ 10 $ .485 $ .12 Rates are subject to annual adjustment based on mutual consent of the parties. Rates for field equipment, health and safety equipment. and graphical supplies presented upon request. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO 29 ITEM TITLE APPROVING AN AGREEMENT WITH NINYO & MOORE FOR AS NEEDED ENVIRONMENTAL CONSULTING RELATED TO THE NATIONAL CITY REDEVELOPMENT PROJECT PREPARED BY �- Colby Young (Ext. 4297) Redevelopment Intern DEPARTMENT ()k� Community Development Commission EXPLANATION In April and May of 2005, CDC staff conducted a Request for Qualifications (RFQ) process to select on call environment consultants for fiscal years 2005-2006 and 2006- 2007. The process was conducted to diversify and add to the services being provided to the CDC exclusively by Environmental Business Solutions (EBS) since 1999. The Request for Proposals sought "as needed" environmental consulting services to the Community Development Commission (CDC) to facilitate redevelopment of the National City Redevelopment. PLEASE SEE BACKGROUND REPORT i Environmental Review Not applicable. Financial Statement The 2007-2009 CDC Budget anticipates expenses up to $1 million for environmental studies, site remediation and oversight for various sites within the National City Redevelopment Project. Although it is impossible to predict how much environmental consulting will be requested during the upcoming fiscal year, the contract contains a "not to exceed" amount of $250,000 for services from the effective date until June 30, 2007, with the same stipulation given to three (3) additional environmental consulting firms. Funding is budgeted by project and is primarily paid for through developer deposits and/or reimbursements. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Resolution No. 2007-XX 2. Proposed agreement by and between CDC and Resolution No. ATTACHMENT 1 BACKGROUND REPORT Services provided on an as needed basis by environmental consultant: • Provide advice on contaminated site remediation and regulatory processes to CDC staff, officials and legal counsel • Represent the CDC in meetings with regulators when technical environmental matters must be discussed • Conduct research, analyze data, and provide expert advice for legal actions of the CDC related to contaminated sites • Prepare various legally required hazardous materials reports and plans for regulators on behalf of the CDC The on call services performed under this general consulting contract are regarding properties for which no development project has yet materialized, for multiple properties and projects, for properties owned and operated by the CDC itself, for environmental oversight on continuing projects, and for miscellaneous planning/processing discussions where expert advice or research is needed. In some cases, projects would be assigned by special expertise or scheduling needs. In other cases, the firms will submit competitive proposals to the CDC to facilitate a selection for an assignment. The 2005 RFQ process produced 13 responses, which were reviewed by a staff committee made up to two members of the CDC staff, one member of Public Works staff and one member of the Engineering Department staff. Twelve (12) of the submitting environmental firms were deemed qualified to serve the CDC's needs, following which a consensus process was used to select four firms for a two-year period. Highly valued attributes included consistency with organizational values, attention to detail in the submitted proposal, and references from other jurisdictions. Two of the selected firms are long-time local companies with extensive experience in regulatory requirements for remediation projects, two of the firms are well -qualified but newer organizations, one of which is a minority woman -owned firm. Due to the CDC's high satisfaction with the previously qualified consultants, staff desires to retain the firms for an additional two year period. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH NINYO & MOORE TO PROVIDE AS -NEEDED ENVIRONMENTAL CONSULTING SERVICES FOR FISCAL YEARS 2007/08 AND 2008/09 WHEREAS, the Community Development Commission of the City of National City ("CDC") desires to employ a contactor to provide as -needed Environmental Consulting Services for Fiscal Years 2007/08 and 2008/09; and WHEREAS, the CDC has determined that Ninyo & Moore ted is qualified by experience and ability to perform the services desired by the CDC, and Ninyo & Moore is willing to perform such services for the not to exceed amount of $250,000. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an agreement with Ninyo & Moore in the not to exceed amount of $250,000 to provide as -needed Environmental Consulting Services for Fiscal Years 2007/08 and 2008/09. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of June, 2007. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL.. CITY AND NINYO & MOORE THIS AGREEMENT is entered into this 1st day of July, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSfON OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and NINYO & MOORE (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide on - call environmental consulting services for the fiscal years 2007-2008 and 2008-2009. WHEREAS, the CDC has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGACIEMENT OF co.i.Acrian. The CDC hereby agrees to engage the CONTRACTOR and the CON 1 R hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and the Community Development Commission advised of the progress on the project. The CDC 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 CDC and the Revised May 2007 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 ,C DINATIQN AND SUPEiRYIP1ON. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Stephan A. Beck, CEG, FIG, REA tl thereby is designated as the Project Director for the CONTRACTOR. 4. COMPE JSATt_ON 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 $250,000 with the understanding that each separate Project to be completed by CONTRACTOR will be on a time and materials basis, as descrbed in Exhibit 5, with a Project budget having received prior written authorization from the Redevelopment Projects Manager prior to any work being conducted. On call services that cannot be deemed a Project, for example, general inquiries, shall not exoeed $10,000 without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished oonsistent with Exhibit B as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTHL QF Ah EiENT. The Agreement shall be in effect from the date of authorization tF rcwg June 30, 2009. 6. DISPOSITIQN, 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 CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the 2 flevsed MAy 2007 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with reSpect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and tts employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient perforrnance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent contractors and that the CONTRAC- TOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPUCABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with ail applicable 3 Revised May 2007 State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. uceNsEs, Pews, 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 ail times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANE RDitm g A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skin ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or irwolved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR' professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NQN-D1SCRIMlIAT1ON PRAVISJON-S. 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 ernployed 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, 4 Rovisad May 2007 layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL,1NNQR1 At1QN. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shalt 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 Seotion 13, however, shall not apply to any part of Me information that (i) has been disclosed in publicly available sources of information:; (a) Is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (Ili) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall riot disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND. HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and ail 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 Gaims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPE1 SATION, The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers. and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said 5 Revised May 2007 acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. iNSUR4NCE. 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: J 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 perforrnanoe 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 tiabitity insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Saki policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. if required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- {. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A Vtll according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager. J. This Agreement shall not take effect until certificates) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. ment. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breath 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 6 R©vised May 200Y 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. Attoney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MgDIATtONIARBITRAT1Qft. If a dispute arises out of or rotates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation In San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a speoified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shalt be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breath of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. in the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business 7 Aevtsaf May 2007 reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (1) if personally delivered, the date of delivery 10 the address of the person to receive such notice, (il) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (ili) if mailed by registered, certified or ordinary mall, 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 Btvd National City, CA 91950 To the CONTRACTOR: Stephan A. Beck, CEG, HG, REA 11 Ninyo & Moore 5710 Ruffin Road San Diego CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City 8 Revised May 2007 Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ 1f 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 Cterk. The CONTRACTOR shall be strictly liable to the CDC for aft damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEO tq PRQV1SIQNS. A. Computation of Time Periods. if any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation. or promise made by either party hereto, or by or to an 9 Ro+nsed May 2007 employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction, The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY (Two signatures required for a corporation) By:B�5b`-- y: Ron Morrison, Chairman (Name) (Title) APPROVED AS TO FORM: George H. Eiser, 11I CDC Legal Counsel 10 By: (Name) &dEE oppeift7411 QCES7-41g1 g►MUPkL evAi#1EFR (Titre) Hevised May 2007 CLmmunity UcamloPmnnt Comtnissian or afatianal tjtty HOURLY CHARGES FOR PERSONNEL Community Development Commission of the City of National City Environmental Consulting Services Project No. 106023 May 1, 2007 SCHEDULE OF FEES Principal Engineer/Geologist/Environmental Scientist $ 154 Senior Ergineer/GeofogisiEnvironmental Scientist $ 148 Senior Project Engineer/Geologist/Environmental Scientist S 145 Project Engineer/Geologist/Fnvironmentai Scientist $ 142 Senior Staff Engineer/Geologist/Environmental Scientist $ 128 Staff Engineer/Geologist/Environmental Scientist $ 120 GIS Analyst $ 120 Technical Illustrator/CAD Operator $ 78 Information Specialist $ 66 Data Processing, Technical Editing, or Reproduction $ 58 ENVIRONMENTAL FIELD EQUIPMENT/CONSUMABLES PID/FID Usage $ 120/day Air Sampling Cassettes $ 100 /case 4-Gas Monitor $ 95 /day Interface Probe Usage $ 80 /day Generator Usage $ 70 /day Hand Auger Kits $ 55 /day Level C Personal Protective Equipment (person/day [p'dj) $ 55 /p/d Air Sampling Pump Usage $ 45 lday Water 1 evel Meter Usage $ 40 Iday 60' Disposable Pump Usage $ 40 /day Conductivity/pH Meter Usage $ 30 /day Decontamination Kits $ 25 /ea Level D Personal Protective Equipment (persayday [p/d) $ 25 /p/d Disposable Bailers $ 20 /ea Field Vehicle Usage $ 15 /day Brass/Stainless Steel Sampling Sleeves $ 5 /ea Mileage $ .40/mi OTHER CHARGES Expert Witness Testimony $ 300 /hr XRF Lead Analysis $ 250 /day Vapor Emission Kits $ 30 Ail Direct Project Expenses Cost plus 10 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular houdy rates are charged during animal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays and Sundays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on holidays. lead time for any requested service is 24 hours. Field Tech- nician rates are based on a 2-hour rninimum. Special inspection rates are based on a 4-hour minimum tor the first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. 5710 Ruffin Road San Diego, California 92123 (858) 576-1000 1 *nrye&ffinnre City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 30 MEETING DATE June 19, 2007 AGENDA ITEM NO ITEM TITLE APPROVING AN AGREEMENT WITH ESSENTIA MANAGEMENT SERVICES LLC FOR AS NEEDED ENVIRONMENTAL CONSULTING RELATED TO THE NATIONAL CITY REDEVELOPMENT PROJECT PREPARED BY C Colby Young (Ext. 4297) Redevelopment Intern DEPARTMENT w Community Development ommission EXPLANATION In April and May of 2005, CDC staff conducted a Request for Qualifications (RFQ) process to select on call environment consultants for fiscal years 2005-2006 and 2006- 2007. The process was conducted to diversify and add to the services being provided to the CDC exclusively by Environmental Business Solutions (EBS) since 1999. The Request for Proposals sought "as needed" environmental consulting services to the Community Development Commission (CDC) to facilitate redevelopment of the National City Redevelopment. PLEASE SEE BACKGROUND REPORT Environmental Rvi w Not applicable. Financial Statement The 2007-2009 CDC Budget anticipates expenses up to $1 million for environmental studies, site remediation and oversight for various sites within the National City Redevelopment Project. Although it is impossible to predict how much environmental consulting will be requested during the upcoming fiscal year, the contract contains a "not to exceed" amount of $250,000 for services from the effective date until June 30, 2007, with the same stipulation given to three (3) additional environmental consulting firms. Funding is budgeted by project and is primarily paid for through developer deposits and/or reimbursements. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. 1. Resolution No. 2007-XX 2. Proposed agreement by and between CDC and l'nnfrar*nr ATTACHMENT 1 BACKGROUND REPORT Services provided on an as needed basis by environmental consultant: • Provide advice on contaminated site remediation and regulatory processes to CDC staff, officials and legal counsel • Represent the CDC in meetings with regulators when technical environmental matters must be discussed ■ Conduct research, analyze data, and provide expert advice for legal actions of the CDC related to contaminated sites • Prepare various legally required hazardous materials reports and plans for regulators on behalf of the CDC The on call services performed under this general consulting contract are regarding properties for which no development project has yet materialized, for multiple properties and projects, for properties owned and operated by the CDC itself, for environmental oversight on continuing projects, and for miscellaneous planning/processing discussions where expert advice or research is needed. In some cases, projects would be assigned by special expertise or scheduling needs. In other cases, the firms will submit competitive proposals to the CDC to facilitate a selection for an assignment. The 2005 RFQ process produced 13 responses, which were reviewed by a staff committee made up to two members of the CDC staff, one member of Public Works staff and one member of the Engineering Department staff. Twelve (12) of the submitting environmental firms were deemed qualified to serve the CDC's needs, following which a consensus process was used to select four firms for a two-year period. Highly valued attributes included consistency with organizational values, attention to detail in the submitted proposal, and references from other jurisdictions. Two of the selected firms are long-time local companies with extensive experience in regulatory requirements for remediation projects, two of the firms are well -qualified but newer organizations, one of which is a minority woman -owned firm. Due to the CDC's high satisfaction with the previously qualified consultants, staff desires to retain the firms for an additional two year period. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH ESSENTIA MANAGEMENT SERVICES, LLC TO PROVIDE AS -NEEDED ENVIRONMENTAL CONSULTING SERVICES FOR FISCAL YEARS 2007/08 AND 2008/09 WHEREAS, the Community Development Commission of the City of National City ("CDC") desires to employ a contactor to provide as -needed Environmental Consulting Services for Fiscal Years 2007/08 and 2008/09; and WHEREAS, the CDC has determined that Essentia Management Services, LLC is qualified by experience and ability to perform the services desired by the CDC, and Essentia Management Services, LLC is willing to perform such services for the not to exceed amount of $250,000. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an agreement with Essentia Management Services, LLC in the not to exceed amount of $250,000 to provide as -needed Environmental Consulting Services for Fiscal Years 2007/08 and 2008/09. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of June, 2007. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, lit Legal Counsel Ron Morrison, Chairman AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND ESSENTIA MANAGEMENT SERVICES LLC THIS AGREEMENT is entered into this 1st day of July, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the `CDC"), and Essentia Management Services, LLC (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide on - call environmental consulting services for the fiscal years 2007-2008 and 2008-2009. WHEREAS, the CDC has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and the Community Development Commission advised of the progress on the project. The CDC 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 CDC and the Revised May 2007 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. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Daryl P. Hernandez, P.E. thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shaft not exceed $250,000 with the understanding that each separate Project to be completed by CONTRACTOR will be on a time and materials basis, as described in Exhibit B, with a Project budget having received prior written authorization from the redevelopment Projects Manager prior to any work being conducted. On call services that cannot be deemed a Project, for example, general inquiries, Shall not exceed $10,000 without prior written authorization from the Executive Director. 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 B as determined by the CDC. The CONTRACTOR shalt maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENSLENOIR Qf. AGiREEMEt4T. The Agreement shall be in effect from the date of authorization through June 30, 2009. 6. DISPOSITION AND .O NE SHIP OF opcuMEHTB. The Memoranda, Reports, Maps, Drawings, Plans, pecifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be 2 Revise: May 2007 unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, after, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by CM Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC 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 CONTRACTORS 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 CONTRACTOR and the CONTRACTOR's employees; and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of .the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. Alt agreements by CONTRACTOR with its subcontractor(s) shall require thesubcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in anymanner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent contractors and that the CONTRAC- TOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPUCABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and 3 Revised May 2007 regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. UCENSESS _PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the 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 pro eedings 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 whoseavailability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range Thatallows 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 4 Revised M+v 2007 training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the 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; (tij is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (ill) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnifyy, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented. brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said 5 Revised Atay 2007 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, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance Wets must apply solely to this Agree- ment. I. Insurance shall be written with only •California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A Vill according to the current Bests key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have 6 REvis:e..t! may 2007 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 attorneys fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that eachparty shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shalt perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, ail finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business 7 Revised May 2001 reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. AU notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such 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 Blvd National City, CA 91950 To the CONTRACTOR: Daryl P. Hernandez, P.E. Essentia Management Services LLC 12396 World Trade Drive, Suite 306 San Diego CA 92128 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. CONFUCT OF INTEREST AND POLITICAL REFORM ACT OBUGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City 8 Revised tAay 2007 Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this. Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS .PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for ail 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. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an 9 Revised May 2007 employee, officer, agent or representative of any party hereto shad 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 parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY (Two signatures required tor a corporation) 6 By: By: Ron Morrison, Chairman (Name)Edward J. Rogan APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel President & CEO (Title) By arn8)1. aryl P. iandez Vice President (Title) 10 Revised May 2007 SCHEDULE OF FEES AND CHARGES Calendar Year 2007 E,s S e --- PERSONNEL CHARGES CHARGES 1 he charge for all time required in the performance of the Scope of Services, including office, field and travel time, will be at the Unit Price Hourly Rates set forth below for the labor classifications indicated. Labor Classification Clerk* Technical Assistant/Word Processor' Technician' Drafterllllustratoe Technical Editor* Senior Drafter/Illustrator' Senior Technician' LabfField Supervisor' Assistant Staff Professional Staff Professional Senior Staff Professional Assistant Project Professional Project Professional Senior Project Professional Consulting Professional Senior Consulting Professional Pnncipal/Senior Principal Hourly Rate $ 50.00 $ 55.00 $ 75.00 $ 75.00 $ 75.00 $ 75.00 $ 85.00 $ 85.00 $ 75.00 $ 85.00 $ 97.50 $ 108.00 $ 115.00 $ 120.00 $ 130.00 $ 140.00 $ 150.00 Charges for contract personnel under Essentia supervision and using Essentia facilities will be made according to the hourly rate corresponding to their classification. Overtime worked in excess of eight (8) hours per day) by exempt personnel will be charged at the above straight time hourly rate. Non-exempt (') Cd 1 5x rate. When Essentia staff appear as expert witnesses at court trials, mediation. arbitration hearings, and depositions, their time will be charged at 1.5 times the rate schedule . Time spent by personnel preparing for such trials, hearings, and depositions, will be charged at the above standard hourly rates. Annual increases, when allowed by the client, will not exceed 3%. Subcontracts and Equipment Rental The cost of services subcontracted by Fssentia to others, including but not limited to: chemical analysis, test borings, specialty contractors, surveyors, consultants, and equipment rental; e.g., backhoes, bulldozers, and test apparatus, etc., will be charged at cost plus 10%. Communications The cost of communications including telephone. telex facsimile. routine postage and incidental copying costs will be charged at cost. Computers The charge for use of Computer Aided Design and Drafting (CARD), Graphics generation, modeling applications and similar teclmical computing is $20.00 per hour. Document Reproduction In-house reproduction will be charged at $.15 a page fur black & white and $1.00 a page fix color for letter, legal, and 11 x 17 size copies. See attached for outside reproduction costs. Other Any other direct costs not specifically discussed herein wilt be charged at cost. Vehicles and Mileage Held vehicles (pick-ups, vans, trucks, etc.) and personal vehicles used on project assignments will be charged current IRS rates. Payment Essentia shall submit progress invoices to Client in showing the services performed during the invoice period and the charges therefore. Within thirty (30) days after receipt of an invoice. Client shall pay the full amount of the invoice; however, if Client objects to alt or any portion of any invoice, it shall so notify Essentia of the same within fifteen (15) days from date of receipt of invoice and shalt pay that portion of the invoice not n dispute. The parties shall immediately make every effort to settle the disputed portion of the invoice. This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal. Essentia Management Services Confidential 4/19/2007 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 19,2007 AGENDA ITEM NO 31 ITEM TITLE A Resolution approving an Agreement with Harris and Associates for as needed civil engineering services until June 30, 2008. PREPARED BY DEPARTMENT Patricia Beard .`) Redevelopment Division' Redevelopment Manager (ext 4250) Se EXPLANATION In 2005, the Community Development Commission ("CDC") retained Harris & Associates ("Harris") to perform as needed civil engineering services as the result of a Request for Qualifications process. Since then, Harris has completed a variety of projects including the Aquatic Center, Harrison Avenue improvements, Motivational Systems demolition bid documents, Foodland Market facade project management, and Bay Marina Drive widening right of way dedication. Staff continues to be very impressed with the customer -focused approach, efficiency and quality of work performed by Harris and would like to extend the contract for another year. If approved, this would be Harris' third contract and third year serving as on -call civil engineers to the CDC. Environmental Review This Agreement is exempt from the California Environmental Quality Act ("CEQA"). Financial Statement This Agreement is for time and materials as shown in the attachments, not to exceed $200,000. Actual expenditures for services are billed to projects. During fiscal 2006-07, CDC spent $77,000 of the $200,000 authorized for services related to a variety of projects. Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ! ATTACHMENTS Resolution No. 1. Proposed Agreement L A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH HARRIS AND ASSOCIATES TO PROVIDE AS -NEEDED CIVIL ENGINEERING SERVICES WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and, WHEREAS, the CDC desires to employ a contractor to provide as needed civil engineering related to various projects within the National City Redevelopment Project; and WHEREAS, the CDC has determined that Harris & Associates is a registered civil engineer, and is qualified by experience and ability to perform as needed civil engineering services. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of National City hereby approves the Agreement with Harris and Associates to provide as needed civil engineering services not to exceed $200,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Attachment 2 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES THIS AGREEMENT is entered into this 19th day of June 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and Harris and Associates (the "CONSULTANT."). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to prepare street rights of way dedication documents and exhibits related to Bay Marina Drive Improvements in the City of National City. WHEREAS, the CDC has determined that the CONSULTANT is a licensed engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. 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. 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 "__AZ. 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 cited in Exhibit A_" to keep staff and the Community Development Commission advised of the progress on the project. Revised August 2005 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 10 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The 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. Ehab Gerges thereby is designated as the Project Director for the CONSULTANT. 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 $200,000 (the base amount) utilizing the fee schedule given in Exhibit " _B__" without prior written authorization from the Chairman. 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. 5. LENGTH OF AGREEMENT. The Agreement shall be in effect until June 30, 2008. 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 turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the 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. 2 Revised August 2005 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 CONTRACTOR (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 employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the 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 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 subcontractors as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the 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 contractors, 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 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. 3 Revised August 2005 Consultant and City will use reasonable care to comply with applicable laws in effect at the time the services are performed hereunder which, to the best of their knowledge, information and belief, apply to their respective obligations under this Agreement. The CONSULTANT, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The 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. 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 govemmental 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: 4 Revised August 2005 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 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, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the 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, 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, Toss, 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, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's proportionate negligent performance from the professional services rendered from 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 California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CDC or 5 Revised August 2005 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 CONSULTANT under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense. shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1.000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. 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 Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the 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 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 6 Revised August 2005 dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATIONIARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by non -binding arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the 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 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 less 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; 7 Revised August 2005 (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 overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950 Mr. Javier Saunders, P.E. Harris & Associates 750 B Street, Suite 1800 San Diego CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the 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 8 Revised August 2005 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. 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. 1. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent 9 Revised August 2005 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. 10 Revised August 2005 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT HARRIS & ASSOCIATES OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel (Corporation — signatures of two c; (Partnership — one si for (Sole proprietorshii 11 By: Ehia�U�er`g6 ,r/P. E. Associate/Design & Development Review Services Manager 'rate officers) B avier Saunders, P.E. gional Manager Revised August 2005 EXHIBIT A SCOPE OF WORK When and as directed by CDC, the firms shaft perform oonsutting services for redevelopment projects to include, but not be limited to, the following: 1. Provide professional and technical civil engineering consultation and provide support services to the engineering effort, such as landscape architecture traffic engineering, surveying, end plan checking services on an as needed basis. 2. Provide civil engineering design for CDC Capital improvement Projects that are not subject to a separate RFC by the CDC. 3. Evaluate existing utility systems and plan new utility systems to accommodate development. 4. Prepare IY lamas and bid documents including special provisions and contract specifications, b. Process engineering drawings and related engineering materials through the National City Public Works/Engineering Departments and other departments as appropriate so as to obtain all necessary permits. S. Assist in the preparation of bid packages kw construction projects, 7. Aesist in tile scheduling and conducting of the bidding process for construction project& 8. Attend nr zings appropriate to kidding and constru lion projects as may be directed by CDC. 9. Prepare legal deer riptions parcel maps, conselidatioe and street vacation maps, process maps, and conduct land surveys as necessary. 10. Provide record maps and prepare as -built drawings as may be required, end process them as necessary to obtain approvals. 11, Provide general drafting as required. 12. Provide landscape and irrigation design services. 13. Provide mechanical, structural, and traffic engineering services as necessary to design/review construction projects. 14. Provide estimating services for demolition, rehabilitation and constnrtioe of existing and/or new structures. 15. Provided ele;trivaf, mechanical, structural, and traffic engineering services es requirod. EXHIBIT B Harris & Associates Schedule of Rates Staff Categories hourly Rates Program/Project Management Executive Project Director Senior Project Director Program Manager $ 185.00 $ 180 00 $ 170.00 Technical Support Coordinator Program Support Coordinator Senior Project Manager Project Manager Senior Financial Engineer Financial Engineer Senior Project Engineer Controls IT Specialist Administrative Assistant $ 150.00 $ 135.00 170.00 $ 140-160 $ 150.00 135.00 $ 130-145 $ 140.00 $ 63.00 File Clerk $ 50.00 Biddability/Constructability Architectural Reviewer $ 125-132 Mechanical Reviewer $ 125-132 Electrical Reviewer $ 120-125 Structural Reviewer $ 135.00 Civil Reviewer $ 125-132 Assistant Project Manager Civil Design $ 105.00 Senior Civil Designer $ 145.00 Civil Designer $ 137.00 Assistant Civil Designer $ 105.00 Scheduling Senior Scheduler $ 150.00 Scheduler $ I32.0(1 Assistant Scheduler $ 105.00 Claims Management Senior Claims Manager $ 185.00 Claims Manager $ 175.0(1 Construction Management/lnpection Project Director Construction Managers Resident Engineers Inspectors 185.00 $ 132-175 $ 132-175 105-135 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO. 32 ITEM TITLE A resolution approving the Sixth Amendment to the Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Marina Gateway Development Company, LLC and Sycuan Tribal Development Corporation to develop the Marina Gateway hotel and commercial project. PREPARED BY Patricia Beard, Redevelopment Manager Fxt 4250 DEPARTMENT sP( Redevelopment Division EXPLANATION On May 18, 2004, the Community Development Commission ("CDC"), Marina Gateway Development Company, LLC ("MGDC") and Sycuan Tribal Development Corporation ("STDC") entered a Disposition and Development Agreement ("DDA") to develop a hotel and commercial project on 6.5 acres at 1-5 and Bay Marina Drive. The property was a former dumpsite acquired using the CDC's power of eminent domain and remediated using the CDC's Polanco Act authority to order the clean up of contaminated sites. During the three years since the original DDA was approved, changes have occurred to the project description and a remediation project conducted under a grant from the California Integrated Waste Management Board was completed including certain improvements the developer has \ agreed to reimburse the state for. (Please see attached Background Report.) Environmental Review Not applicable. Financial Statement The original financial terms of the DDA remain unchanged. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD 1 COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background report 2. Proposed Agreement Resolution No. ATTACI-LMENT ] BACKGROUND REPORT The attached DDA amendment primarily refines and states with greater precision various components of the originally -approved project in which the CDC would remediate the former dumpsite on Cleveland Avenue, obtain regulatory closure for the site and transfer title of the property to MGDC for the development of a hotel and commercial project. Following is a summary of the changes within the agreement. The original project description: the originally proposed project included 150- room, three star hotel with a restaurant, 8,000 square feet of conference facilities, approximately 10,000 square feet of commercial space, a 1,000 square foot public vista and a walking path overlooking Paradise Marsh. Revised project description: the project as revised would include 173 room, three star hotel (further defined as an "American Automobile Association 3 Diamond rating"), a 4,000 square foot restaurant, 16,000 square feet of commercial space, a 1,000 public vista and a walking path overlooking Paradise Marsh. Reimbursement to the CIWMB: As part of the cap of the state -funded remediation project, a portion of the project parking lot, the walking path overlooking Paradise Marsh and Tight standards were constructed. This Agreement states that the Developer will reimburse CIWMB (via CDC) $392,998.08 for the portion of these improvements that benefit the project beyond functioning solely as a cap. CIWMB has agreed to the amount. Restaurant: The Amendment authorizes the Executive Director to approve the restaurant brand and design, for quality reasons, and links the quality of the restaurant with additional restaurants which may be developed by MGDC on sites immediately north of Bay Marina Drive from the hotel and commercial project. Hotel operator and Contractor approvals: The Amendment approves Pacifica Hotel Group as the operator of the hotel and delegates to the Executive Director the ability to approve the formal contract with the operator. It also delegates to the Executive Director the authority to approve the General Contractor contract for the project. Both of these are conditions prior to transfer of the property to MGDC. Ongoing environmental responsibility: The Amendment further defines the CDC's ongoing responsibility for ground and surface water monitoring in conjunction with the closure of the remediation project while also further defining and reiterating that the Developer will receive Polanco Act immunities from CDC but remain responsible for any additional remediation costs caused by Developer activities. Role of STDC: MGDC will be sole owner of the project and STDC will no longer acquire title to any of the property, except as a partner in MGDC. Price, terms and closing: The price and terms of the land transfer will remain as in the original DDA. Closing on the transfer is targeted for July 31, 2007 with a groundbreaking anticipated by MGDC in October, 2007. Sovereign immunity and gaming: Terms regarding the limited waiver of sovereign immunity by STDC and conditions covering the future potential for gaming at the site will remain as in the original DDA. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION • OF NATIONAL CITY APPROVING THE SIXTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MARINA GATEWAY DEVELOPMENT COMPANY, LLC, AND SYCUAN TRIBAL DEVELOPMENT CORPORATION TO DEVELOP THE MARINA GATEWAY HOTEL AND COMMERCIAL PROJECT WHEREAS, on May 18, 2004, the Community Development Commission of the City of National City ("CDC") entered into a Disposition and Development Agreement with Marina Gateway Development Company, LLC ("MGDC") and Sycuan Tribal Development Corporation ("SDTC") (jointly referred to as the "Developers") to develop the Marina Gateway Hotel and Commercial Project on 6.5 acres in the Harbor District area of the National City Redevelopment Project formerly used as a dumping site and impacted by hazardous materials; and WHEREAS, five amendments, solely to allow for more time to remediate the hazardous conditions and project planning efforts, were approved by the Executive Director between February, 2005 and May, 2007; and; WHEREAS, Developers have agreed that SDTC will no longer take title to any portion of the project site and the entire project will be owned by MGDC, and WHEREAS, a Post Closure Monitoring and Maintenance Agreement was approved for the remediation project by San Diego County Local Enforcement Agency on June 1, 2007; and WHEREAS, a revised project description consistent with the Coastal Development Permit for the project has been prepared; and WHEREAS, the CDC and Developers desire to memorialize Developer's financial responsibility for certain Site improvements made by the California Integrated Waste Management Board NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Sixth Amendment to the Disposition and Development Agreement by and between the Community Development Commission of the City of National City, Marina Gateway Development Company, LLC, and Sycuan Tribal Development Corporation to develop the Marina Gateway Hotel and Commercial Project. Said Sixth Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, Ill, Legal Counsel Attachment 2 Final draft dated 6-5-07 SIXTII AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS SIXTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (this "Amendment") is entered into as of June 19, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (the "CDC"), on the one hand, and MARINA GATEWAY DEVELOPMENT COMPANY, LLC, a California limited liability company (the "Developer") and SYCUAN TRIBAL DEVELOPMENT CORPORATION, a Tribally chartered corporation ("STDC") on the other (CDC, Developer and STDC are sometime referred to herein as the "Parties") and amends that certain Disposition and Development Agreement dated May 18, 2004 previously entered into by the Parties (the "Original DDA") as previously amended by that certain First Amendment to Disposition and Development Agreement dated February, 2005 (the "First Amendment"), that certain Second Amendment to Disposition and Development Agreement dated February 2006 (the "Second Amendment"), that certain Third Amendment to Disposition and Development Agreement dated June 29, 2006, (the "Third Amendment") that certain Fourth Amendment to Disposition and Development dated (erroneously) March 31, 2007, (the "Fourth Amendment") and that certain Fifth Amendment to Disposition and Development dated March 31, 2007, (the "Fifth Amendment") (collectively, the Original DDA, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment are referred to hcrein as the "DDA"), with reference to the following: RECITALS A. The Developer and STDC have agreed that STDC shall no longer take direct title to any portion of the Site at the Closing. Therefore, Developer shall be the only party to this Agreement with the CDC. B. The PMP is largely completed, a post closure monitoring and maintenance plan (the "PCMMP") has been prepared in draft form, a draft Covenant to Restrict Use of Property (the "Restrictive Covenant") has been prepared and no Additional Remedial Work is currently anticipated for the Site. C. The CDC and Developer desire to formalize the Developer's financial responsibility for certain Site improvements made by the California Integrated Waste Management Board (CIWMB) while the CIWMB was performing certain environmental remediation activities on a portion of the Site. D. The Parties desire to amend the DDA to reflect the above facts and to make certain other changes to the DDA all as set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the DDA as follows: SDCA_299040.2 Final draft dated 6-5-07 i. Section 2 of the Recitals on page 1 of the DI)A is deleted and replaced in its entirety with the following: The CDC and Developer desire by this Agreement for the Developer to purchase the Site from the CDC, and for the Developer to cause to construct on the Site an approximate 173 room three star hotel with a restaurant; an approximate 4000 square foot restaurant; an approximate 16,000 square foot office/commercial/tourist space; a 1000 square foot public vista point; all with associated parking and on -site improvements (the "Improvements"). 2. The following new definition is added to Section 100 as follows: "Three star hotel" means a hotel meeting the quality and amenity requirements sufficient to achieve an American Automobile Association 3 Diamond rating (AAA 3 Diamond rating). 3. Section 201.2 is deleted and replaced in its entirety with the following: 201.2 Title to the Site shall be deeded to Developer. Developer may create a new tentative map for the Site, by lot line adjustments, to delineate "pads" for the hotel, restaurant and commercial building (the "Parcelization"). CDC shall reasonably cooperate with and assist the Developer to accomplish the Parcelization within 9 months of the Closing Date. 4. The first two sentences of Section 202.4 are deleted and replaced with the following: This transaction shall close ("Closing") on or before July 31, 2007 (the "Outside Date"). 5. Section 205.1(a) is deleted. 6. Section 205.1(e) is deleted and replaced in its entirety with the following: (c) Design Approvals. Except for the approximate 4000 square foot restaurant, the Developer has obtained approval by the City of the Site Plan Drawings and Site Plan application as set forth in Section 302 hereof. With respect to the approximate 4000 square foot restaurant, the Developer shall have obtained (i) approval by the CDC of any revisions to the approved Concept Plans as set forth in Section 302 hereof, and (ii) approval by the Executive Director of the CDC, which approval shall not be unreasonably withheld, of the quality level of the restaurant pursuant to agreements concerning Sites A & B. 2 SDCA_299040.2 Final draft dated 6-5-07 7. Section 205.1(j) is amended to read: (j) General Contractor Contract: Developer shall have provided to CDC a copy of a valid and binding contract with a duly licensed general contractor reasonably acceptable to the Executive Director for the construction of Improvements, certified by the Developer to be a true and correct copy thereof. 8. Section 205.1(k) is deleted and rcplaccd in its entirety with the following: (k) Hotel Developer/Operator. CDC has approved S'I'DC and the Pacifica Hotel Group as the operator of the hotel. Developer shall have provided to CDC a copy of a valid and binding contract between Developer and the Pacifica Hotel Group, or one of its affiliates, reasonably acceptable to the Executive Director for the development/operation of the hotel portion of the Improvements as a three star hotel certified by the Developer to be a true and correct copy thereof. The hotel shall achieve and maintain a three star hotel rating. 9. Section 205.2(t) is deleted. Section 205.2(j) is deleted and replaced in its entirety with the following: 9. Section 205.2(j) is deleted and replaced in its entirety with the following: (j) Demolition of the Existing Improvements. All existing improvements shall have been demolished and all existing debris cleared from the Site prior to transfer to the Developer. However, prior to the Closing, Developer may remove the concrete slab which exists under several inches of soil where the southern to middle portions of the hotel are to be built. The Developer is prohibited from any off -site movement/disposal of soil and shall handle the soil in accordance with regulatory requirements, if applicable, and at CDC's on -site consultant's direction. CDC shall credit Developer, against the Purchase Price, for the cost of the slab removal. CDC will provide on site environmental monitoring during the slab removal and take any necessary steps to obtain the No Further Action Letter.. Should Developer not acquire the Site, the CDC shall promptly reimburse the Developer for the cost of the slab removal and all associated excavation work. During excavation, Developer shall comply with all local, state and federal regulations including but not limited to permits, the control of dust emissions, erosion, and storm water management. Developer shall also provide insurance certificates and/or bonds to the satisfaction of the 3 SDCA_299040.2 Final draft dated 6-5-07 CDC Risk Manager and/or City Engineer prior to conducting any on site work. Following excavation of the slab, CDC shall prepare a Post Closure Addendum Report and submit it to the San Diego County Department of Environmental Health. (k) Further, prior to Closing, if CDC acquires title to the property for the right of way to the east of Railcar Plaza, and which runs South from Bay Marina Drive to the railroad track switch that would exist behind the proposed hotel, Developer may remove the Railroad tracks in that right of way. CDC shall credit Developer, against the Purchase Price, for the cost of this track removal. If Developer removes the track after the Closing, CDC shall promptly reimburse the Developer for its costs incurred in removing the track. Should Developer not acquire the Site, the CDC shall promptly reimburse the Developer for the cost of the track removal. (Section 208.3 is deleted and replaced in its entirety with the following: 208.3 CDC's Performance of Remedial Work. The Developer shall be at no cost or expense in completing the Remedial Work in compliance with the PMP. To date, CDC has borne the costs of completing the work as identified in the PMP, and has proposed that the regulatory agency approve closing the Site and issue a No Further Action letter that will confirm the inception of Polanco Act immunities for the work which has been completed. The CDC shall have continuing obligations to take any actions necessary to obtain the No Further Action letter. To the extent that continuing monitoring of groundwater is required prior to the issuance of a "No Further Action" letter encompassing the groundwater and providing for the appropriate abandonment of on -site wells, the CDC shall hold the Developer, and their successors, harmless from all costs related thereto. CDC's continuing obligations shall end with the issuance of a final No Further Action letter, or Certificate of Completion, or other document that addresses all issues but for those continuing maintenance and monitoring obligations in the PCMMP. The Developer shall succeed to CDC's obligations for all the activities noted in the PCMMP, and shall faithfully follow all Site restrictive covenants that may be included in the Restrictive Covenant that will be recorded pursuant to California Civil Code section 1471. 11. The first sentence of Section 402 of the DDA is deleted and replaced in its entirety with the following: 4 SDCA_299040.2 Final draft dated 6-5-07 Unless Developer obtains approval from the applicable government authorities, for a term commencing upon the Conveyance and ending upon July 18, 2040, the Developer hereby covenants and agrees for itself, its successors, its assigns and all voluntary and involuntary successors in interest to the Site, or any part thereof, that the Site will only be used for an approximate 173 room three star hotel with food and beverage service; an approximate 4000 square foot restaurant; an approximate 16,000 square foot office/commercial/tourist space; a 1000 square foot public vista point; all with associated parking and on -site improvements. 12. The reference in the second sentence of Section 2 of Attachment No. 3 (Grant Deed) to "an approximately 150 room 3 star hotel" is deleted and replaced with the following: "an approximately 173 room three star hotel". 13. The first sentence of Attachment No. 5 (Scope of Development) is deleted and replaced in its entirety with the following: Developer will develop the Site with an approximate 173 room three star hotel with food and beverage service; an approximate 4000 square foot restaurant; an approximate 16,000 square foot office/commercial/tourist space; a 1000 square foot public vista point; all with associated parking and on -site improvements. 14. Recital B on page 2 of Attachment No. 8 is deleted and replaced in its entirety with the following: B. The CDC and Developer have previously entered into that certain Disposition and Development Agreement dated May 18, 2004 ("DDA") the provisions of which arc incorporated herein by reference and pursuant to which the Owner has purchased the Site from the CDC for the purpose of constricting an approximate 173 room three star hotel with food and beverage service; an approximate 4000 square foot restaurant; an approximate 16,000 square foot office/commercial/tourist space; a 1000 square foot public vista point; all with associated parking and on -site improvements (the "Improvements"). 15. The first sentence of Section 1.1.A on page 3 of Attachment No. 8 is deleted and replaced in its entirety with the following: For a term commencing upon the date of the recording of this Agreement and ending upon July 18, 2040 (the "Termination Date") the Owner hereby covenants and agrees for itself, its successors, its assigns and all voluntary and involuntary successors in interest to the Site, or any part thereof, that the Site shall only be 5 SDCA_299040.2 Final draft dated 6-5-07 used for an approximate 173 room three star hotel with food and beverage service; an approximate 4000 square foot restaurant; an approximate 16,000 square foot office/commercial/tourist space; a 1000 square foot public vista point; all with associated parking and on -site improvements. All the remaining terms of this section in the original DDA shall remain in full force and effect. 16. As necessary, the remainder of the terms of Attachment No. 8 will be made to be consistent with the DDA. 16. At the request of the Parties, the CIWMB, while performing the Remedial Work and grading plan for the environmental remediation and capping project on the "North Fill Bank", installed certain improvements specific to the planned development of the Site by the Developer and that would not have been necessary for the CIWMB to complete its work. Developer shall pay $382,998.08 for those improvements, as itemized on Attachment No. 9 to this Amendment. Developer shall deposit $382,998.08 into escrow, with appropriate instructions, executed by the parties, that the money shall be released to the CWIMB or CDC, upon (i) CWIMB and CDC, each, directing Escrow, in writing, to pay either agency $382,998.08; and (ii) CWIMB and CDC, each, acknowledging Developer's payment in full and releasing Developer from all obligations in connection with that payment. 17. The approved PCMMP for the Site and draft Restrictive Covenant are attached hereto as Attachment No. 11. Pursuant to Section 205.2(e) of the DDA, Developer hereby approves the PCMMP and Restrictive Covenant. Pursuant to Section 3.03 of the Restrictive Covenant, the CDC hereby provides written disclosure to the Developer that there is a closed disposal site on a portion of the Site and that the Developer as the new property owner will be responsible for certain post maintenance and regulatory compliance. In the event the Site is conveyed to the Developer after the recording of the Restrictive Covenant, the CDC and Developer agree that the Grant Deed shall contain substantially the following notice as required by Section 3.04 of the Restrictive Covenant: NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL RESTRICTION AND COVENANT TO RESTRICT USE OF PROPERTY ABOVE THE CAPPED AREA, RECORDS D 1N THE OFFICIAL RECORDS OF THE SAN DIEGO COUNTY RECORDER'S OFFICE ON , AS DOCUMENT NO.: IN FAVOR OF AND ENFORCEABLE BY THE DEPARTMENT OF ENVIRONMENTAL HEALTH, COUNTY OF SAN DIEGO. Developer agrees to include the notice set forth above in each and all deeds and leases for any portion of the Site. 6 SDCA_299040.2 Final draft dated 6-5-07 18. All references to "Additional Remedial Work" and to the "New PMP" in the DDA are deleted. 19. An assessment district may be established to pay for the cost of maintenance, repairs and replacements of landscaping improvements planned for the medians and parkways along Bay Marina Drive (a "Landscaping District"). Developer will not object to or otherwise impede the formation of a Landscaping District. Likewisc, Developer will not object to or otherwise impede the formation of a Tourism Business Improvement District that includes the Site. 20. Each person executing this Amendment represents and warrants that he or she has the authority to bind the party for which he or she is signing. 21. All capitalized terms in this Amendment shall have the same meaning as set forth in the DDA unless otherwise defined herein. 22. This Amendment may he executed in one or more counterparts. Facsimile copies of this executed Amendment shall be treated the same as "wet ink" originals. Remainder of Page Intentionally Left Blank 7 SDCA .299040.2 Final draft dated 6-5-07 IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as of the date first set forth above. CDC: COMMUNITY DEVELOPMENT COMMISSION OF THE OF THE CH'Y OF NATIONAL CITY, a public body, corporate and politic B y: , Chairman ATTEST: CDC Secretary APPROVED AS TO FORM: CDC Counsel Signature Page to Sixth Amendment to Disposition and Development Agreement 8 SDCA_299040.2 Final draft dated 6-5-07 DEVELOPER: MARINA GATEWAY DEVELOPMENT COMPANY, LLC, a California limited liability company By: MRW Group, Inc., a Nevada corporation, Managing Member By: Its: STDC: SYCUAN TRIBAL DEVELOPMENT CORPORATION, a Tribally chartered corporation By: Its: Signature Page to Sixth Amendment to Disposition and Development Agreement 9 SDCA_299040.2 ATTACHMENT NO. 9 CIWMB S1TE IMPROVEMENT COSTS FOR WHICH DEVELOPER IS RESPONSIBLE Tasks Project/ Developer's Cost Finish Grade/Subgrade Preparation $10,498.27 Drainage Inlets and Pipe $107,282.36 Curb & Gutter $58,408.35 CI II Aggregate Base $60,132.55 Asphaltic Concrete Paving $65,668.01 Electrical $81,008.54 Attachment No. 9 SDCA 299040.2 ATTACHMENT NO. 11 DRAFT POST -CLOSURE MONITORING AND MAINTENANCE PLAN DRAFT COVENANT TO RESTRICT USE OF PROPERTY RECORDING REQUESTED BY: Community Development Commission City of National City 140 E. 12th Avenue National City, California 91950 Attn: Redevelopment Director WHEN RECORDED, MAIL TO: Dept. of Environmental Health County of San Diego 12551mperial Ave, 3rd Floor San Diego, California 92101 Attn: Sayareh Amirebrahimi, Chief Southern California Cleanup Operations SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE COVENANT TO RESTRICT USE OF PROPERTY (Health and Safety Code section 253.55.5) ENVIRONMENTAL RESTRICTION (Civil Code section 1471) For Property at: 2501 and 2510 Cleveland Ave. National City, California San Diego County Assessor's Parcel Nos.: 559-160-03, -09, -11, and -21 This Covenant and Agreement ("Covenant") is made effective as of 2006 by and between the Community Development Commission of the City of National City, a body corporate and politic (the "Covenantor"), the current owner of property situated in National City, County of San Diego, State of California, described in Exhibit "A", and depicted in Exhibit "B", NEED TO SEE EXHIBIT B attached hereto and incorporated herein by this reference (the "Property"), and the Department of Environmental Health, County of San Diego (the "Department") which has been appointed as the "administering agency" for the mitigation of Attachment No. 11 Page 1 environmental conditions at the Property pursuant to Health and Safety Code sections 25260, et seq. (the "Unified Agency Review of Hazardous Sites Law"). Pursuant to Civil Code section 1471 (c) the Department has determined that this Covenant is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials as defined in Health and Safety Code ("H&SC") section 25260. The Covenantor and the Department, collectively referred to as the "Parties", hereby agree that pursuant to Civil Code section 1471 and I1&SC sections 25355.5 and 25222.1 that the use of the Property be restricted as set forth in this Covenant and that this Covenant shall run with the land. ARTICLE I STATEMENT OF FACTS 1.01 The Property is more particularly described and depicted in Exhibit "A", attached hereto and incorporated herein by this reference. The Property is located in the area now generally bounded by Paradise Marsh to the south, Bay Marina Drive to the north, the I-5 Freeway to the east, and Marina Way to the west, City of National City, County of San Diego, State of California. This property is more specifically described as San Diego County Assessor's Parcel Nos.: 559-160-03, -09, -11, and -21. 1.02 The Property Mitigation Plan (PMP) prepared and approved under the oversight of the Department, provides that a deed restriction be required as a result of the "capping in place" of materials on a portion of the Property which required remediation. The location and extent of the "capped" area of the Property below which hazardous materials are located is indicated in Exhibit "B". The PMP identifies burn ash constituents, including lead, arsenic, chromium, copper, mercury, zinc, polychlorinated biphenyls, and naphthalene, which are hazardous substances as defined in H&SC Section 25316, which are hazardous materials as defined in H&SC Section 25260, and which will remain at elevated levels in the fill materials to depths of approximately 24 to 26 feet below grade of the ground surface (bgs) of portions of the Property below the "cap" and the pavement above it. The Department approved the PMP on April 16, 2003, which requires the recording of this Deed Restriction on the Property with the County of San Diego, as detailed in the Final PMP prepared by Environmental Business Solutions, Inc., a division of SCS Engineers, as approved by the Department. As a result of the assessments and mitigation activities that have been conducted to date, the previously referended hazardous materials and hazardous substances, as defined in H&SC sections 25316, are found onsite. These hazardous materials/substances are located at the Property as follows: At depths of 0 to 2 feet bgs; Asphaltic pavement and clean imported fill soil. At depths of 02 to 26 feet bgs; Burn ash mixed with soil. These contaminants may pose a threat to human health if the cap is damaged or penetrated. Based on the Final PMP the Department concluded that use of the Property does not present an unacceptable threat to human safety or the environment if the integrity of the cap that has been placed over the hazardous materials is maintained. Attachment No. 11 Page 2 ARTICLE II DEFINITIONS 2.01 Department. "Department" means the Department of Environmental Health for the County of San Diego and includes its successor agencies, if any. 2.02 Owner. "Owner" means the Covenantor, its successors in interest, and their successors in interest, including heirs and assigns, who at any time hold title to all or any portion of the Property. 2.03 Occupant. "Occupant" means Owners and any person or entity entitled by ownership, leasehold, or other legal relationship to the right to occupy any portion of the Property. ARTICLE III GENERAL PROVISIONS 3.01 Restrictions to Run with the Land. This Covenant sets forth protective provisions, covenants, restrictions, and conditions (collectively referred to as "Restrictions"), subject to which the Property and every portion thereof shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered, and/or conveyed. Each and every Restriction: (a) runs with the land pursuant to H&SC Sections 25355.5 and Civil Code Section 1471; (b) inures to the benefit of and passes with each and every portion of the Property; (c) is for the benefit of, and is enforceable by the Department; and (d) is imposed only upon the that portion of the Property depicted in the attached Exhibit "B". 3.02 Binding upon Owners/Occupants. Pursuant to H&SC Section 25355.5(a)(1)(C), this Covenant binds all owners of the Property, their heirs, successors, and assignees, and the agents, employees, and lessees of the owners, heirs, successors, and assignees. Pursuant to Civil Code Section 1471(b), all successive owners of the Property are expressly bound hereby for the benefit of the Department. 3.03 Written Notice of the Presence of Hazardous Substances. Prior to the sale, lease or sublease of the Property, or any portion thereof, the owner, lessor, or sublessor shall give the buyer, lessee, or sublessee notice that hazardous substances are located on or beneath the Property, as required by H&SC Section 25359.7. 3.04 Incorporation into Deeds, Leases and Subleases. From and after the date of recordation of this Covenant, the Restrictions set forth herein shall be incorporated by reference in each and all deeds and leases for any portion of the Property. Further, each Owner or Occupant shall include in any instrument conveying any interest in all or any portion of the Property, including but not limited to deeds, leases, and mortgages, a notice which is in substantially the following form: NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL RESTRICTION AND COVENANT TO RESTRICT USE Attachment No. 11 Page 3 OF PROPERTY ABOVE THE CAPPED AREA, RECORDED IN THE OFFICIAL RECORDS OF THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON [DATE' , FILE NO. , IN FAVOR OF AND ENFORCEABLE BY THE DEPARTMENT OF ENVIRONMENTAL HEALTH, COUNTY OF SAN DIEGO. 3.05 Conveyance of Property. The Owner shall provide notice to the Department not later than thirty (30) days after any conveyance of any ownership interest in the Property (excluding mortgages, Liens, and other non -possessory encumbrances). The Department shall not, by reason of this Covenant, have authority to approve, disapprove, or otherwise affect proposed conveyance, except as otherwise provided by law, by administrative order, or by a specific provision of this Covenant. ARTICLE IV RESTRICTIONS 4.01 Prohibited Uses. The portions of the Property described in Exhibit B overlying the capped materials shall not be used for any of the following purposes: (a) A residence, including any mobile home or factory built housing, constructed or installed for use as residential human habitation. (b) A hospital for humans. (c) A public or private school for persons under 21 years of age. (d) A day care center for children. 4.02 Soil Management. (a) No activities that will disturb the soil (e.g., excavation, grading, removal, trenching, filling, earth movement or mining) shall be allowed on that portion of the Property above the capped area indicated in Exhibit `B" without an appropriate Soil Management Plan and a Health and Safety Plan approved by the Department. (b) Any contaminated soils brought to the surface by grading, excavation, trenching or backfilling shall be managed in accordance with all applicable provisions of state and federal law. (c) The Owner shall provide the Department written notice at least fourteen (14) days prior to any building, filling, grading, mining or excavating in the Property soils. 4.03 Access for Department. The Department and its designees, upon reasonable notice to Owner and Owner's tenants, shall have reasonable right of entry and access to the Property for inspection, monitoring, and other activities consistent with the purposes of this Covenant as deemed reasonably necessary by the Department in order to protect the public Attachment No. 11 Page 4 health or safety, or the environment. The Department shall indemnify Owner and its tenants and hold Owner and its tenants harmless from all liability and damages arising from such inspection, monitoring, and other activities. ARTICLE V ENFORCEMENT 5.01 Enforcement. Failure of the Covenantor, Owner or Occupant to comply with any of the Restrictions specifically applicable to it shall be grounds for the Department to require that the Covenantor or Owner, as applicable, modify or remove any improvements ("Improvements" herein shall mean all buildings or other improvements placed thereon) constructed or placed upon any portion of the Property in violation of the Restrictions. Violation of this Covenant shall be grounds for the Department to file civil or criminal actions as provided by law. ARTICLE VI VARIANCE, TERMINATION, AND TERM 6.01 Variance. Covenantor, or any other aggrieved person, may apply to the Department for a written variance from the provisions of this Covenant. Such application shall be made in accordance with H&SC Section 25233 as implemented by the Department pursuant to H&SC Section 25264. 6.02 Termination. Covenantor, or any other aggrieved person, may apply to the Department for a termination of the Restrictions or other terms of this Covenant as they apply to all or any portion of the Property. Such application shall be made in accordance with H&SC Section 25234, as implemented by the Department pursuant to H&SC Section 25264. 6.03 Term. Unless ended in accordance with the Termination paragraph above, by law, or by the Department in the exercise of its discretion, this Covenant shall continue in effect in perpetuity. ARTICLE VII MISCELLANEOUS 7.01 No Dedication Intended. Nothing set forth in this Covenant shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Property, or any portion thereof to the general public or anyone else for any purpose whatsoever. Further, nothing set forth in this Covenant shall be construed to effect a taking under federal or state law. 7.02 Department References. All references to the Department include successor agencies/departments or other successor entity. 7.03 Recordation. The Covenantor shall record this Covenant, with all referenced Exhibits, with the County Recorder's Office for the County of San Diego within ten (10) days of the Covenantor's receipt of a fully executed original. Attachment No. 11 Page 5 7.04 Notices. Whenever any person gives or serves any Notice ("Notice" as used herein includes any demand or other communication with respect to this Covenant), each such Notice shall be in writing and shall be deemed effective: (1) when delivered, if personally delivered to the person being served or to an officer of a corporate party being served, or (2) three (3) business days after deposit in the mail, if mailed by United States mail, postage paid, certified, return receipt requested: To Owner: To Department: Community Development Commission of National City 1243 National City Blvd. National City, CA 91950-3312 Attn: Redevelopment Director Department of Environmental Health County of San Diego 1255 Imperial Avenue San Diego, CA 92101 Attn: Site Assessment and Mitigation Division Any party may change its address or the individual to whose attention a Notice is to he sent by giving written Notice in compliance with this paragraph. After conveyance of this Property by the Covenantor future Notices shall be the responsibility of the owner of record as identified in the County Recorder's official books. 7.05 Partial Invalidity. If any portion of the Restrictions or other term set forth herein is determined by a court of competent jurisdiction to be invalid for any reason, the surviving portions of this Covenant shall remain in full force and effect as if such portion found invalid had not been included herein. 7.06 Statutory References. All statutory references include successor provisions. IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of the date first written above. Attachment No. 11 Page 6 ATTEST: , CDC Secretary APPROVED AS TO FORM: CDC Counsel CDC: COMMUNITY DEVELOPMENT COMMISSION OF THE OF TILE C1'I'Y OF NATIONAL CITY, a public body, corporate and politic By: Ron Morrison, Chairman COUNTY OF SAN DIEGO, DEPARTMENT OF ENVIRONMENTAL HEALTH By: Name: Title: Attachment No. 11 Page 7 STATE OF CALIFORNIA ) )ss. COUNTY OF On , 200_, before mc, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Attachment No. 11 Page 8 (SEAL) STATE OF CALIFORNIA ) )ss. COUNTY OF ) On , 200_, before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Attachment No. 11 Page 9 (SEAL) EXHIBIT A Legal Description of the Property APN 559-160-03 The westerly 125.00 feet (measured at right angles to the westerly line thereof) of Tract "A" of the Chamber of Commerce Industrial Lands No. 1, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1731, filed in the Office of the County Recorder of San Diego County, June 9, 1922. Together with those portions of 8th Avenue adjoining said Tract "A" on the west, as vacated and closed to public use by Resolution 1064 of the Board of Trustees of the City of National City, said portions being described as follows: That portion of the easterly 40.00 feet of said 8th Avenue lying southerly of the westerly prolongation of the northerly line of said Tract "A", and northerly of the easterly prolongation of the southerly line of 25th Street, and that portion of the east half of said 8th Avenue lying southerly of the easterly prolongation of 25th Street, and northerly of the westerly prolongation of the southerly line of said Tract "A". APN 559-160-11 Lots 1 to 10 inclusive, and Lots 13 to 22, inclusive, Block 282 of National City, 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. Also the westerly 50.00 feet of 8th Avenue adjoining the above block on the east, and the northerly 40.00 feet of 26th Street adjoining on the south together with the alley in said block, as closed by Resolution No. 1064 on July 20, 1926. Also that portion of the south half of 25th Street adjoining said Block 282 on the north and lying between the northwesterly prolongation of the easterly and westerly lines of said Block 282. APNs 559-160-09 and -21 All those portions of Tract "A" and "B" of Chamber of Commerce Industrial Lands No. 1, according to Map thereof No. 1731, and Lots 1 through 5, 18, 19, 20, 23, and 24 in Block 232 of National City, according to Map thereof No. 348, said maps being in the City of National City, County of San Diego, State of California, and filed in the Office of the County Recorder of San Diego County, together with that portion of the easterly 40.00 feet of 8th Avenue lying westerly of and adjoining said Lots 1 through 5 of said Map No. 348, lying westerly and southerly of a line described as follows: Beginning at a point on the south tine of said Tract "A", said point being the southeast comer of the land described in the Director's Deed to C&M Meat Packing Corp., a California corporation, Attachment No. 11 Page 10 recorded February 28, 1968 as file/page no. 34172 of official records, thence along the easterly line of said land north 27°10'57" west, 34.34 feet; north 30°11'05" east, 66.08 feet; north 31°19'37" west 268.23 feet; north 79°41'54" west, 120.04 feet; and north 88°45'34" west to a point on the westerly line of said Lot 23, said point also being the most southeasterly corner of the land described in the deed to the State of California, recorded December 8, 1961 as file/page no. 212155 of official records; thence along the southerly boundary of said State's land, north 88°45'34" west. Excepting therefrom the westerly 125.00 feet (measured at right angles to the westerly line thereof) of Tract "A" of the Chamber of Commerce Industrial Lands No. 1, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1731, filed in the Office of the County Recorder of San Diego County, June 9, 1922. Also excepting thereform all that portion lying southerly of the northerly line of land conveyed to the United States of America by grant deed recorded August 12, 1988 as File No. 88-399671 of Official Records, said land being shown on Record of Survey Map No. 11749 filed August 10, 1988 as File No. 88-394302 of Official Records. Also excepting from that portion lying within Lots 18, 19, 20, and 23 in Block 232 the title and exclusive right to all of the minerals and mineral ores of every kind and character now known to exist of hereafter discovered upon, within or underlying said land or that may he produced therefrom, including, without limiting the generality of the foregoing, all petroleum, oil, natural gas, and other hydrocarbon substances and products derived therefrom, together with the exclusive and perpetual right of said grantor, its successors and assigns, of ingress and egress beneath the surface of said land to explore for, extract, mine, and remove the same, and to make such use of the said land beneath the surface as is necessary or useful in connection therewith, which use may include lateral or slant drilling, boring, digging, or sinking, or wells, shafts, or tunnels; provided, however, that said grantor, its successors and assigns, shall not use the surface of said land in the exercise of any said rights, and shall not disturb the surface land or any improvements thereon. Attachment No. 11 Page 11 EXHIBIT B Figure Depicting Location of Capped Portions of the Property Attachment No. 11 Page 12 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 33 MEETING DATE June 19, 2007 AGENDA ITEM NO ITEM TITLE APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND MARINA GATEWAY DEVELOPMENT COMPANY, LLC FOR THE PROPERTY LOCATED AT 720 WEST 23r° STREET AND THE BLOCK WITHIN BAY MARINA DRIVE, HARRISON AVENUE, 23" STREET AND CLEVELAND AVENUE (APN # 559-117-04, 05, 06, 07, 12, 16) PREPARED BY Colby Young (Ext. 4297) Redevelopment Intern DEPARTMENT Redevelopment Division EXPLANATION The mentioned CDC owned property is within the National City Redevelopment Project Area. The CDC desires to increase the number of restaurants and commercial businesses within the Redevelopment Project Area and Marina Gateway Development Company, LLC desires to purchase the property to develop two (2) mid to high level quality restaurants. The Exclusive Negotiation Agreement will initiate exclusive negotiations for up to three hundred and sixty (360) days to allow the Marina Gateway Development Company, LLC to (i) undertake due diligence activities regarding the restaurant development; (ii) design the restaurants; (iii) establish the responsibilities, schedule, and financial parameters for developing the restaurants; (iv) negotiate the purchase price of the property; and (v) negotiate a Disposition and Development Agreement. The Exclusive Negotiation Agreement in} no way commits to a future project. Environmental Review Not applicable. Financial Statement Upon approval of the Exclusive Negotiation Agreement, Marina Gateway Development Company, LLC shall deposit with the CDC Twenty Five Thousand Dollars ($25,000) in the form of a cashier's or certified check, or wire transfer, payable to the CDC. Half of the deposit ($12,500) shall be refundable to Marina Gateway Development Company, LLC if there is a material default by the CDC of its obligations pursuant to the Exclusive Negotiation Agreement. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. 1. Proposed Exclusive Negotiation Agreement RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH MARINA GATEWAY DEVELOPMENT COMPANY, LLC FOR THE PROPERTY LOCATED AT 720 WEST 23rd STREET AND THE BLOCK WITHIN BAY MARINA DRIVE, HARRISON AVENUE, 23`d STREET, AND CLEVELAND AVENUE (APNs 559-117-04, 05, 06, 07, 12, 16) WHEREAS, the Community Development Commission of the City of National City (CDC) owns property located within the boundaries of the Harbor District and National City Redevelopment Project Area; and WHEREAS, the CDC desires to increase the number of restaurant and commercial businesses within the National City Redevelopment Project Area; and WHEREAS, on May 18, 2004, Marina Gateway Development Company, LLC was selected as the preferred developer for the property located at the southeast corner of Bay Marina Drive and Harrison Avenue, and on June 1, 2004, the CDC and Marina Gateway Development Company, LLC entered into an Exclusive Right to Negotiate for the property at 720 West 23rd Street; and WHEREAS, Marina Gateway Development Company, LLC desires to expand the scope and scale of the project to develop two mid to high quality level restaurants, one on the 720 West 23rd Street site and one on the property located between Bay Marina Drive, Harrison Avenue, 23rd Street, and Cleveland Avenue. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Exclusive Negotiation Agreement with Marina Gateway Development Company, LLC for the property at 720 West 23rd Street and block between Bay Marina Drive, Harrison Avenue, 23rd Street, and Cleveland Avenue. Said Exclusive Negotiation Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of June, 2007. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman EXCLUSIVE NEGOTIATION AGREEMENT By and Between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY And MARINA GATEWAY DEVELOPMENT COMPANY, LLC THIS EXCLUSIVE NEGOTIATION AGREEMENT (hereafter referred to as "AGREEMENT") is entered into this 19th day of June, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), and MARINA GATEWAY DEVELOPMENT COMPANY, LLC, a California limited liability corporation (hereafter referred to as "DEVELOPER"), on the terms and provisions set forth below. RECITALS WHEREAS, on July 18, 1995, the City Council of the City of National City adopted the Harbor District Redevelopment Plan Amendment for the City of National City ("REDEVELOPMENT PLAN") that expanded the National City Redevelopment Project Area ("PROJECT AREA"); and WHEREAS, the CDC is the owner of certain real property within the Project Area: (i) Assessor Parcel Number 559-118-02 and the adjacent property roughly described as running from the southeast corner of the APN parcel, along the western edge of the Caltrans right of way, to the intersection of the projection of the centerline of McKinley Avenue; and then, along the centerline projection, to the projection of the northern boundary of the Site; and then, along the northern boundary projection, to the northeast corner of the Site and (ii) Assessor Parcel Numbers559-117-04, 05, 06, 07, 12, in National City (further described in `EXHIBIT A'), as further described herein ("SITE"); and WHEREAS, on May 18, 2004, the DEVELOPER was selected by the CDC as the preferred developer for the SITE; and WHEREAS, the DEVELOPER is interested in purchasing the SITE from the CDC and developing the SITE to include two (2) mid to high quality level restaurants and other allowed commercial uses under the current zoning (hereafter referred to as "PROJECT"); and WHEREAS, the CDC desires to increase the number of restaurant and commercial businesses in the PROJECT AREA as stated in the REDEVELOPMENT PLAN, and the DEVELOPER agrees to develop three (3) mid to high level restaurants: two (2) on the SITE and one (1) on the Marina Gateway IIotel project site or another project that may be determined to be more feasible. In addition, the DEVELOPER agrees not to object or otherwise impede the formation of both a Tourism Business Improvement District pursuant to the Parking and Business Improvement District Law of 1994, plus a Landscape and Lighting Maintenance District to pay for the installation, maintenance and operation of high quality landscaping and lighting in the public areas adjacent to the SITE and Marina Gateway Hotel project site; and WHEREAS, the contemplated project would be designed to use slab on grade construction or other techniques that will minimize the need for significant excavation and will avoid underground parking or similar improvements; and WHEREAS, the CDC and the DEVELOPER desire to enter into this AGREEMENT to initiate exclusive negotiations for up to three hundred sixty (360) days (hereafter referred to as "EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPER to (i) undertake due diligence activities regarding the PROJECT; (ii) design the PROJECT; (iii) discern potential tenants' respective appetites for the PROJECT; (iv) establish the responsibilities, schedule, and financial parameters for developing the PROJECT; (v) negotiate the purchase price of the SITE; and (vi) negotiate a Disposition and Development Agreement (hereafter referred to as "DDA"); and WHEREAS, the AGREEMENT supersedes any agreement made prior to the entering of this AGREEMENT. NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. SITE The SITE constitutes the real property that is the subject of this AGREEMENT. The SITE is Assessor Parcel Number 559-118-02 and the adjacent property roughly described as running from the southeast corner of the APN parcel, along the western edge of the Caltrans right of way, to the intersection of the projection of the centerline of McKinley Avenue; and then, along the centerline projection, to the projection of the northern boundary of the Site; and then, along the northern boundary projection, to the northeast corner of the Site of Block 233, located on the north east corner of the Bay Marina Drive and Cleveland Avenue intersection and Assessor Parcel Numbers 559-117- 04, 05, 06, 07, 12 of Block 280 in National City, located on the north west corner of the Bay Marina Drive and Cleveland Avenue intersection within National City, CA. The exact square footage of the SITE will be determined during the Site planning activities outlined below. 1I. EXCLUSIVE NEGOTIATION PERIOD A. Exclusive Negotiation Period The EXCLUSIVE NEGOTIATION PERIOD begins when the CDC executes this AGREEMENT (hereafter referred to as "COMMENCEMENT DATE"). B. First Negotiation Period During the first two hundred seventy (270) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "FIRST NEGOTIATION PERIOD"), 2 the DEVELOPER and CDC shall meet regularly, in good faith, and jointly formulate a plan to develop the PROJECT (hereafter referred to as "Development Program"). The Development Program shall include and delineate the following elements: 1. The type and scope of the PROJECT;. 2. Development concept including a phased build out of the SITE; 3. Required on and off -site infrastructure improvements; 4. Project, infrastructure, and state and local regulatory requirement costs; 5. Prepare a market feasibility analysis for the PROJECT; 6. Funding sources for the PROJECT; 7. The parties/entities responsible for the various PROJECT development activities; and 8. A detailed Project development schedule. C. Due Diligence Also, during the FIRST NEGOTIATION PERIOD, the CDC and DEVELOPER, as applicable, shall conduct their respective due diligence activities, including but not limited to: 1. DEVELOPER'S timely delivery and submission to the CDC of sufficient evidence that the DEVELOPER is financially viable and has the required equity and financing to complete Site development; 2. DEVELOPER'S timely review of preliminary title report information prepared for the SITE; 3. DEVELOPER'S timely investigation of the SITE. In conjunction therewith, and subject to the DEVELOPER receiving all prior governmental approvals and agreeing to all conditions of such approvals, DEVELOPER and its consultants and agents shall have the right to enter upon the SITE to conduct tests, studies, and investigations pursuant to an Right of Entry Agreement, the form of which is attached hereto and incorporated herein as Exhibit 1; and 4. DEVELOPER'S timely submission of the Development Program to the CDC for review and comment. 3 D. Design Concept Plan Submission/Entitlements/Environmental Review By the end of the FIRST NEGOTIATION PERIOD, DEVELOPER shall submit its Design Concept Plan for the PROJECT, including a Site Plan, Floor Plans, Exterior Elevations and Project Description and elevations, for review and consideration of acceptance by the Board of Directors of the CDC (hereafter referred to as "CDC BOARD"). Upon the acceptance of the Design Concept Plan by the CDC BOARD, the DEVELOPER shall prepare and process with the City any necessary land use entitlements, environmental studies and reports. E. DDA Following Design Concept Plan acceptance by the CDC BOARD, and the close of the FIRST NEGOTIATION PERIOD, the CDC agrees to negotiate exclusively with the DEVELOPER for the remaining ninety (90) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "SECOND NEGOTIATION PERIOD") in order to negotiate and attempt to finalize the DDA. If, at the close of the SECOND NEGOTIATION PERIOD, the CDC and DEVELOPER have not agreed to the terms of the DDA, this AGREEMENT shall automatically terminate. Notwithstanding the above, the DEVELOPER or the CDC's Executive Director in his sole discretion, may extend the Negotiation Period for up to an additional one hundred and eighty (180) days to complete DDA negotiations, the land use entitlements and the environmental studies, if the CDC's Executive Director determines additional time is reasonably required. F. Execution of DDA After the DEVELOPER and the CDC Executive Director agree upon a proposed DDA, the EXCLUSIVE NEGOTIATION PERIOD may be extended for up to an additional ninety (90) days at the discretion of the CDC's Executive Director, or its acting Director (hereafter referred to as "THIRD NEGOTIATION PERIOD") in order to enable the CDC and the City to: 1. Notice and conduct a public hearing pursuant to Section 33433 of the California Health and Safety Code on the DDA; and 2. Process Site development, environmental and entitlement applications through the City's Planning Commission and City Council. The CDC agrees that during the EXCLUSIVE NEGOTIATION PERIOD, and during all of its extensions, the CDC shall not negotiate or enter into an agreement with any other person or entity regarding development of the SITE. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and in such communication to follow reasonable negotiation procedures, including meetings, telephone conversations, and correspondence. The parties understand that final accord on 4 all issues may not be reached. It is also understood that, (1) neither party is under any obligation to reach agreement on the SITE purchase price and/or DDA, and (2) the CDC reserves the right to approve or reject a DDA, the Project, or any disposition of the SITE, in its sole discretion, as more particularly set forth in Part IV of this AGREEMENT. G. CDC and Developer Obligations During the EXCLUSIVE NEGOTIATION PERIOD, the CDC and DEVELOPER obligations shall include, but not be limited to, the following: 1. CDC Obligations a. Provide the DEVELOPER with documents in the CDC's possession that would assist the DEVELOPER with the due diligence activities; b. Upon acceptance of the Development Program and verification of DEVELOPER financial commitments to both purchase and develop the PROJECT, prepare a draft of a DDA. 2. Developer Obligations a. Use its best efforts to investigate the SITE; b. Submit site plans, elevations, schematic drawings, detailed Project development costs, Project pro formas for Site improvements as well as a pro forma summarizing the total Project and respective returns and other documents necessary for CDC and City review; and c. Submit proof of adequate funding or funding commitments for the PROJECT. III. DEVELOPER DEPOSIT Upon the approval of this AGREEMENT by the CDC BOARD, the DEVELOPER shall deposit with the CDC Twcnty Five Thousand Dollars ($25,000) (hereafter referred to as "DEVELOPER'S DEPOSIT"), in the form of a cashier's or certified check, or wire transfer, payable to the CDC. The CDC agrees to hold the DEVELOPER'S DEPOSIT in the CDC's account and make disbursements therefrom only pursuant to the terms and provisions of this AGREEMENT. DEVELOPER agrees that the CDC may use the DEVELOPER'S DEPOSIT to reimburse itself for reasonable and actual attorneys' fees, consultant fees, appraisal fees, title reports, and any other related fees (excluding CDC staff costs) and costs (hereafter 5 referred to as "DDA NEGOTIATION COSTS") incurred by the CDC in (i) negotiating and preparing this AGREEMENT, (ii) reviewing any documents submitted in furtherance of this AGREEMENT and/or DEVELOPER'S proposal to develop the PROJECT, (iii) any negotiations relating to the DDA and any related documents, and (iv) drafting the DDA or any other related documents. The DEVELOPER shall be responsible for any additional costs and deposit the funds within ten (10) days of written request from CDC. CDC shall submit to DEVELOPER invoices reasonably detailing DDA NEGOTIATION COSTS CDC has incurred at the time it submits a reimbursement notice to the DEVELOPER. CDC shall be free to withdraw funds from the DEVELOPER'S DEPOSIT, as needed, provided that it has submitted such invoices to the DEVELOPER. The $25,000 DEVELOPER'S DEPOSIT, less the DDA NEGOTIATION COSTS incurred to date (hereafter referred to as "BALANCE OF DEVELOPER'S DEPOSIT"), if any, shall be refundable to DEVELOPER in the event this AGREEMENT is terminated prior to or at the conclusion of the EXCLUSIVE NEGOTIATION PERIOD. In the event the DDA is fully executed and approved by all requisite action, the BALANCE OF DEVELOPER'S DEPOSIT, if any, shall be applied to the DEVELOPER'S purchase price for the SITE if the parties consummate the proposed transaction. IV. RETENTION OF DISCRETION TO APPROVE TILE PROJECT AND DDA; NO PRE -COMMITMENT It is anticipated that the PROJECT and the DDA providing for its implementation will be presented to the CDC BOARD for approval. The parties understand that the CDC is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: A. Approval by the CDC of the Final Project as Contained in the DDA The parties understand that the CDC has the complete and unfettered discretion to reject the DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the DEVELOPER prior to DDA approval and execution shall be absorbed entirely by DEVELOPER. B. Review and Approval by the CDC of all Discretionary Findings and Conclusions The duty of the CDC to dispose of the parcel comprising the SITE shall be conditioned upon the successful review and approval of all necessary findings and conclusions which the CDC BOARD is required to make, including all necessary findings and determinations required under CEQA, state and local land use provisions, and the California Community Redevelopment Law. As to any matter which the CDC may be required to exercise its unfettered discretion in advancing the PROJECT to completion, neither anything contained herein, nor to be contained in the DDA shall obligate the CDC to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CDC duties under this AGREEMENT. 6 C. No Pre -Commitment by the CDC By its execution of this AGREEMENT, the CDC is not committing itself to or agreeing to undertake any activity requiring the subsequent exercise of discretion by the CDC, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the SITE; the provision of any financial assistance for the development of any public or private interest in real property; the acquisition of real property or any other property interest; or any other such activity. This AGREEMENT does not constitute a disposition of property or exercise of control over property by the CDC and does not require a public hearing. CDC execution of this AGREEMENT is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the CDC as to any proposed DDA and all proceedings and dccisions in connection therewith. V. THE DEVELOPER A. Developer Experience As a condition precedent to the CDC's execution of this AGREEMENT, DEVELOPER shall have submitted to the CDC a detailed description of the development experience of the DEVELOPER and its principals, associates, employees, partners, and joint ventures. B. Offices of the Developer The principal offices of DEVELOPER are located at: Marina Gateway Development Company, LLC c/o MRW Group, Inc. 922 West 23rd Street National City, CA 91950 The Project Manager for the DEVELOPER will be: We need a person's name in this space.MRW Group, Inc. Other prime developers, employees, consultants, or representatives who are proposed to be directly involved in the Project will be determined by DEVELOPER and submitted to the CDC upon any such determination. C. Full Disclosure The DEVELOPER shall maintain full disclosure to the CDC of its principals, officers, stockholders, partners, joint ventures, and all other pertinent non -confidential information concerning the DEVELOPER. D. Assignment 7 The DEVELOPER without prior written approval of the CDC may not assign this AGREEMENT. The CDC agrees that, notwithstanding the foregoing, the DEVELOPER may assign its rights under this AGREEMENT to a corporation, trust, or partnership of which the DEVELOPER owns the majority beneficial interest and operational control. E. Progress Reports The DEVELOPER agrees to provide written reports advising the CDC on progress and/or problems with the proposed development every thirty (30) days during the term of the AGREEMENT. VI. ENVIRONMENTAL REQUIREMENTS A. The DEVELOPER shall prepare all necessary environmental documents, conventionally undertaken by developers, and as required by the California Environmental Quality Act (public Resources Code Section 21,000 et seq.) and local regulations, for certification by the City. The DEVELOPER agrees to cooperate with the City and the CDC, as requested, to help determine the environmental impact of the proposed development and to prepare any other additional documents as may be needed to complete environmental review for the development of the PROJECT on the SITE; provided, however, that the CDC and the City shall not incur costs or expenses in collection therewith nor will CDC or City reimburse the DEVELOPER for costs incurred related to preparing these materials. B. REAL ESTATE COMMISSIONS The CDC has not engaged a broker, agent, or finder in connection with this transaction. As such, the CDC will not be responsible for any claims by a broker, agent or finder, and the DEVELOPER agrees to defend, indemnify, protect and hold the CDC harmless from any claim by any broker, agent, or finder retained by the DEVELOPER. VII. GENERAL PROVISIONS A. Legal Actions 1. Institution of Legal Actions In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover actual damages for any default, or to obtain any other remedy consistent with the purposes of this AGREEMENT; provided, however, that Paragraph C of this Part VIII shall supersede any conflicting provisions of this Paragraph A.1. Such legal actions must be instituted and maintained in the Superior Court of the County of San Diego, State of California, or in any other appropriate court in that county. 2. Applicable Law 8 The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. 3. Acceptance of Service of Process In the event that any legal action is commenced by the DEVELOPER against the CDC, service of process on the CDC shall be made by personal service upon the Executive Director or Secretary of the CDC, or in such other manner as may be provided by law. In the event that any legal action is commenced by the CDC against the DEVELOPER, service of process on the DEVELOPER shall be made by personal service upon the DEVELOPER or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. B. Rights and Remedies are Cumulative Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. C. Specific Performance as Developer's Exclusive Remedy Subject to the DEVELOPER'S right to terminate this AGREEMENT in accordance with the terms of Paragraph E of this Part VIII, the DEVELOPER'S exclusive remedy for an uncured CDC default under this AGREEMENT is to institute an action for specific performancc of the terms of this AGREEMENT, and in no event shall the DEVELOPER have the right, and the DEVELOPER expressly waives the right, to seek monetary damages of any kind (including but not limited to actual damages, economic damages, consequential damages, or lost profits) from the CDC in the event of a default by the CDC under this AGREEMENT or any action related to this AGREEMENT. Notwithstanding the foregoing, the DEVELOPER shall retain the right to seek a writ of mandate in the event of any final denial by the CDC of any CDC permit or approval pertaining to the PROJECT. D. Attomey's Fees If either party to this AGREEMENT is required to initiate or defend litigation in any way connected with this AGREEMENT, the prevailing party in such litigation in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to its actual and reasonable attorney's fees. If cither party to this AGREEMENT is required to initiate or defend litigation with a third party because of the violation of any terms or provision of this AGREEMENT by the other party, then the party so litigating shall be entitled to its actual and reasonable attorney's fees from the other party to this AGREEMENT. As used herein, the term "attorney's fees" shall include attorney's fees incurred related to the foregoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, retaining expert witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The parties hereto acknowledge and agree that each such party shall bear its own legal costs incurred in connection with the negotiation, approval, and execution of this AGREEMENT. E. Termination Rights Notwithstanding the nominal EXCLUSIVE NEGOTIATION PERIOD hereinabove set forth, either party may terminate this AGREEMENT if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. If such default is not cured within the thirty (30) days, the termination shall be deemed effective. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party shall also have the right to terminate this AGREEMENT in the event that (a) the CDC or the DEVELOPER determines that the PROJECT is infeasible, based on financial or environmental impact considerations, or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. Upon such a termination, the CDC shall return the BALANCE OF DEVELOPER'S DEPOSIT, if any, to the DEVELOPER. F. Indemnity The DEVELOPER shall indemnify, protect defend and hold harmless the CDC and the City and the CDC's and the City's respective elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this AGREEMENT or to the PROJECT, and any and all other losses, liabilities, damages, claims or costs (including attorneys' fees) arising from DEVELOPER'S negligent acts, errors, or omissions with respect to its obligations hereunder or the SITE. This indemnity obligation shall survive the termination of this AGREEMENT. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this AGREEMENT or to the PROJECT, DEVELOPER shall have the option to terminate this AGREEMENT in lieu of its indemnity obligation. G. Notices Demand and Communications Between the Parties Formal notices, demands, and communications between CDC and DEVELOPER shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: To CDC: Community Development Commission 10 Attn: Brad Raulston, Executive Director 1243 National City Boulevard National City, CA 91950-4301 With copy to: City of National City Attn: George Eiser, City Attorney 1243 National City Boulevard National City, CA 91950-4301 To Developer: Marina Gateway Development Company, LLC Attn: MRW Group, Inc., Michael Weber 922 West 23rd Street National City, CA 91950 With copies to: MRW Group, Inc. Attn: Ivar Leetma 922 West 23nd Street National City, CA 91950 Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail. H. Nonliability of City and CDC Officials and Employees No member, official, employee, or contractor of the City or the CDC shall be personally liable to the DEVELOPER in the event of any default or breach by the CDC or for any amount, which may become due to the DEVELOPER or on any obligations under the terms of the AGREEMENT. 1. Interpretation The terns of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction which might otherwise apply. The Part and Paragraph headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this AGREEMENT. J. Entire Agreement, Waivers, and Amendments This AGREEMENT integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the 11 provisions of this AGREEMENT must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of CDC and DEVELOPER. K. Counterparts This AGREEMENT may be executed in counterparts, each of which, after all the parties hereto have signed this AGREEMENT, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. L. Successors This AGREEMENT shall be binding upon and shall inure to the benefit of the permitted successors of each of the parties hereto. M. Further Assurances The parties hereto each agree, without further consideration, to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the transaction set forth in and contemplated by this Agreement. N. Severability In the event any section or portion of this AGREEMENT shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the panics hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this AGREEMENT. O. Time is of the Essence Time is of the essence for each of the DEVELOPER'S obligations under this AGREEMENT. P. Confidentiality The DEVELOPER acknowledges and agrees that the CDC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by the DEVELOPER to the CDC with respect to the SITE, the PROJECT or the DEVELOPER may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that the DEVELOPER reasonably deems and identifies in writing as proprietary and confidential in nature, the CDC agrees to exercise its hest efforts to keep such information confidential. 12 biVer IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this AGREEMENT on the respective dates set forth below. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Marina Gateway Development Company, LI C By MRW Group, Inc., Managing Member By: By: Ron Morrison, Chaimran ATTEST: By: Brad Raulston, Secretary APPROVED AS TO FORM: By: George Liser, III CDC Counsel Dated: Its By: Its 13 IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this AGREEMENT on the respective dates set forth below. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Marina Gateway Development Company, LLC By MRW Group, Inc., Managing Member By: By: Ron Morrison, Chairman ATTEST: B y: Brad Raulston, Secretary APPROVED AS TO FORM: By: George Eiser, III CDC Counsel Dated: Its By: Its L C.__ 13 EXIIIBIT 1 RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT (hereafter referred to as "Agreement") is made and entered into as of November 21, 2006, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), and MARINA GATEWAY DEVELOPMENT COMPANY, LLC, a California limited liability corporation (hereafter referred to as "Developer"), with respect to the following: RECITALS A. The CDC and the Developer have entered into an Exclusive Negotiate Agreement, dated as of May 19, 2007, for the negotiation of a disposition and development agreement with respect to certain real property in the City of National City known as Assessor Parcel Number 559-118-02 and 559-117-04, 05, 06, 07, 12, 16, 17 (hereafter referred to as "Property"). B. The Developer desires to perform certain predevelopment work consisting of certain tests, studies, and analyses necessary to evaluate the condition of the Property (hereafter referred to as "Predevelopment Work"). C. The CDC wishes to accommodate the Developer's desire to commence the Predevelopment Work on the Property by granting a right of entry to Developer upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Developer and CDC do hereby agree as follows: 1. Right of Entry. Provided that all of the terms and conditions of this Agreement are fully satisfied, the CDC hereby grants to Developer and its employees, agents and contractors the nonexclusive right to enter upon the Property to perform the Predevelopment Work, and for no other purposes without the prior written approval of the CDC's Executive Director or his designee. This Agreement shall automatically terminate and expire three hundred and sixty (360) days from the date of this Agreement. The term of this Agreement may be extended at the sole and absolute discretion of the CDC Executive Director or his designee for an additional period not to exceed one hundred eighty (180) days. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other interest in the Property to the Developer. 2. Agreement. By execution of this Agreement, Developer agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) That Developer will not permit any dangerous condition to he created on the Property. -1- Exhibit 1 (b) That all acts and things done by Developer on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. (c) expense. That Developer enters the Property entirely at its own cost, risk and (d) That prior to the Developer's entry upon the Property and during the period of this Agreement, there shall be in effect and shall provide satisfactory evidence to the CDC of the following: a. Workers' compensation insurance as required by law; b. Commercial general liability insurance written on an occurrence basis, with a combined single limit of at least One Million Dollars ($1,000,000) consisting of both bodily injury and property damage coverage; and c. Automobile liability insurance, including liahility for all owned, hired and non -owned vehicles, with minimum limits of One Million Dollars ($1,000,000) for bodily injury per person, One Million Dollars ($1,000,000) property damage and One Million Dollars ($1,000,000) combined single limit per occurrence. CDC of National City shall be named as an additional insured under the commercial general liability policy. (e) That Developer shall not permit any mechanics', material men's or other liens of any kind or nature (hereafter referred to as "Liens") to be filed or enforced against the Property in connection with the Predevelopment Work. Developer shall indemnify, defend and hold harmless CDC from all liahility for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. CDC reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices of non -responsibility or other notice as may be desirable to protect CDC against liability. In addition to, and not as a limitation of CDC's other rights and remedies under this Agreement, should the Developer fail, within ten (10) days of written request from CDC, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless CDC from and against any loss, damage, injury, liahility or claim arising out of a Lien, then CDC, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to CDC by the Developer upon written demand. (f) That Developer shall not have any interest in the Property or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to -2- Exhibit 1 this Agreement. Developer shall, at the written request of the CDC, leave the Property in a condition that does not create an unreasonable risk of harm to the public. (g) The Developer shall take all necessary precautions to prevent the import and/or release into the environment of any hazardous materials, which arc imported to, in, on or under the Property during the performance of the Predevelopment Work. If hazardous materials are imported onto the Property as a result of the performance of the Predevelopment Work, the Developer shall be solely responsible for removing such imported hazardous materials in conformance with all Governmental Requirements. The Developer shall report to the CDC, as soon as possible after each incident, any unusual or potentially important incidents with respect to the environmental condition of the Property. 3. Indemnity. Developer hereby agrees to defend, indemnify and hold the CDC and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or attributable to the activities of Developer or any of its employees, agents, consultants or contractors upon the Property pursuant to this Agreement. All use of and entry upon the Property shall be at the sole cost, risk and expense of the Developer. 4. Miscellaneous. (a) Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California. (b) Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and no one of them shall be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. (c) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall he deemed an original but all of which together shall constitute one and the same instrument. (d) Non -Liability of Public Officials. No officer, employee, member, agent or representative of the CDC shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the CDC, or for any amount which may become due to Developer or its successor, or for any breach of any obligation of the terms of this Agreement. -3- Exhibit 1 IN WITNESS WHEREOF, the patties hereto have entered into this Agreement as of the date first set forth above. CDC: COMMUNITY DEVELOPMENT COMIIIISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: Brad Raulston, Executive Director DEVELOPER Marina Gate ay t veiopment Company, LLC By MR p, . , Managing Member I I By: Its Paz -so -xIr By: Its - ?4'L C.c22"bwi l SZ . -4- Exhibit 1 :qXH City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 19, 2007 AGENDA ITEM NO 34 ITEM TITLE A resolution approving an Agreement, not to exceed $184,390, with Economic & Planning Systems, Inc. to conduct an economic analysis of comprehensive implementation of Westside Specific Plan and a feasibility study regarding the relocation of potential non -conforming uses to an industrial park located in the National City Harbor District. PREPARED BY Patricia Beard, Redevelopment Manager Fxt 4250 DEPARTMENT Redevelopment Division EXPLANATION The feasibility study being considered is a companion to the Westside Specific Planning effort ("WSP") and is detailed in the attached Background Report. At meetings on March 20, and April 17, 2007 the CDC Board directed staff to negotiate with consultant teams to reduce the proposed cost of the study from $325,000 and to consider consolidating the feasibility effort with completion of the WSP. As a result of further discussions among staff and with consultants, staff is now recommending proceeding with the feasibility study per the Agreement attached to this staff report. A verbal report on other components needed to complete and implement the WSP will be provided by the Executive Director. (Please see attached Background Report.) Environmental Review Not applicable. Financial Statement The revised proposal cost is $184,390, reduced from an original proposal of $325,000 and a second proposal of $205,000. These funds will be appropriated in the 2007-08 CDC budget. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background report 2. Proposed Agreement 3. Consultant credentials Resolution No. ATTACHMENT 1 BACKGROUND REPORT The Planning Department is working with the community to finalize a Specific Plan for the Westside neighborhood (frequently called Old Town). A major objective of the Specific Plan is to mitigate negative consequences in the neighborhood caused by the current zoning allowing a mix of residential and industrial uses. If the Specific Plan is ultimately adopted, certain industrial uses in the Westside Neighborhood will become non -conforming uses. In anticipation of the possible amortization of potential non -conforming uses from the Westside, the Environmental Health Coalition ("EHC") approached the City Council/CDC Board, requesting that a feasibility study be conducted. The study would consider how an industrial park could be developed west of Interstate 5, allowing some of the potential non -conforming uses to relocate and conduct operations in a LEED-certified setting. Under CDC Board direction and approval, staff prepared and issued an RFP for the requested study and five (5) proposals were received. A staff sub -committee made up of Brad Raulston - CDC Executive Director, Roger Post - Planning Director, Tony Garcia - Acting Building and Safety Director, and Patricia Beard - Redevelopment Manager reviewed the proposals and selected a preferred finalist consulting team — Economic & Planning Systems, Inc. ("EPS"). After three months of negotiations, staff is recommending the completion of the feasibility study including the following components: Feasibility analysis of the WSP: EPS will perform an expedited economic & feasibility analysis of the planning concepts being drafted as the WSP prior to the project description being finalized and environmental review for the plan being conducted. The "quick check" will allow the community to consider, if appropriate, any revisions to the WSP that might improve implementation efforts. Evaluation of potential "sending sites": Through stakeholder interviews, reviews of previous research and in conjunction with environmental assessments to be conducted as part of a WSP-area US EPA Brownfield grant, EPS will identify likely businesses to be key tenants in a relocation industrial park. This analysis will determine the size, configuration and amenities need to create the industrial park. Industrial market feasibility analysis: EPS will conduct a focused analysis to determine market conditions necessary to develop a successful relocation industrial park. Factors determined by the analysis will include lease rates, absorption rates, location and access, among others. Industrial park conceptual plan and project prototype: Site diagrams will be prepared and industrial park needs and amenities will be identified, configured as flexible plans that can be adapted to specific implementation needs. EPS will recommend development requirements to create a LEED-qualified facility to encourage sustainable "green" development practices. Industrial park pro forma feasibility analysis: EPS will evaluate the private -sector costs and revenues to determine if the development prototype can be developed feasibly. Implementation and funding strategy: The strategy will recommend methods for structuring a "deal" to develop the industrial park including identifying capital funding options in an action plan for development. Financing sources including one-time and on -going CDC support, Mello -Roos, Assessment Districts and the like will be analyzed. Other considerations will also be addressed including relocation, property acquisition and site preparation. The study is anticipated to be complete in December, 2007. Should unexpected considerations delay the project, the Executive Director will report to the CDC Board before extending the term of the Agreement. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY APPROVING AN AGREEMENT WITH ECONOMIC AND PLANNING SYSTEMS, INCORPORATED TO CONDUCT A FEASIBILITY STUDY REGARDING THE RELOCATION OF POTENTIAL NON -CONFORMING USES WITHIN THE SPECIFIC PLANNING AREA IN AN INDUSTRIAL PARK LOCATED IN THE NATIONAL CITY HARBOR DISTRICT WHEREAS, the Community Development Commission of the City of National City ("CDC") is implementing the National City Redevelopment Plan; and WHEREAS, the CDC is preparing the Westside Specific Plan to revitalize the neighborhood and mitigate blighting factors; and WHEREAS, on November 2, 2006, the CDC issued a Request for Proposals for a feasibility study regarding relocation of potential non -conforming uses within the specific planning area in an industrial park located in the National City Harbor District; and WHEREAS, the CDC rated five proposals in response to the Request for Proposals process and has determined that Economic and Planning Systems, Incorporated is the preferred qualified consultant to conduct the feasibility study. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves an Agreement with Economic and Planning Systems, Incorporated in the not to exceed amount of $184,390 to conduct a feasibility study regarding the relocation of potential non -conforming uses within the specific planning area in a industrial park located in the National City Harbor District. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of June, 2007. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman Attachment 2 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND ECONOMIC & PLANNING SYSTEMS, INC THIS AGREEMENT is entered into this 19th day of June, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and ECONOMIC & PLANNING SYSTEMS, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to conduct an economic analysis of the proposed Westside Specific Plan and a feasibility study of a industrial park to be located west of Interstate 5 in the National City Harbor District as further defined in Exhibit "A". WHEREAS, the CDC has determined that the CONTRACTOR is a qualified economic and land planning consulting firm selected through a competitive Request for Proposals process and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR, or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. Revised 6/1/2007 The CDC 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 CDC 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. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. David Zehnder thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $184,390 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "B". The work will be completed prior to January, 2008 unless extended under written authorization of the Executive Director following a report to the CDC Board. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. 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 CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this Agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be 2 Revised August 2005 unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees or subcontractors as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR, or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable 3 Revised August 2005 state and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, 4 Revised August 2005 layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which 5 Revised August 2005 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, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. All insurance required by this Agreement shall be provided by insurers licensed to do business in the State of California which are rated "A, VIII" or better by the current Best's Key Rating Guide and approved by the City's Risk Manager. Insurance may be accepted from a non -admitted, surplus lines carrier provided that insurer is included in the current California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meets the approval of the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party 6 Revised August 2005 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 attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. 7 Revised August 2005 E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personalty 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 overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: David Zehnder Economic & Planning Systems, Inc. 2150 River Plaza Drive, Suite 400 Sacramento CA 95833 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material 8 Revised August 2005 for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9 Revised August 2005 I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF THE CITY OF NATIONAL CITY By: ECONOMIC & PLANNING SYSTEMS, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: irt Ron Morrison, Chairman (Name) APPROVED AS TO FORM: Bv• George H. Eiser, III CDC Legal Counsel Managing Principal Kieser Managing. (Title) 10 e) James R. Musbatfi (Title) Revised August 2005 EXHIBIT A. - REVISED SCOPE OF WORK TASK 1: WESTSIDE SPECIFIC PLAN ECONOMIC ANALYSIS The EPS Team will work with EDAW to inform their work in the creation of the Westside Specific Plan. As part of this work, EPS will conduct a market review which will apply a specific focus to residential densities prescribed for the Specific Plan relative to current and emerging market trends, as well as opportunities for supporting commercial uses and mixed -use formats. In addition, the Specific Plan will be critically reviewed in terms of how educational, cultural, and civic uses can act as organizing elements to create a neighborhood of vital public places; how the circulation and streetscape system can be organized to promote safe, walkable streets; and how the existing park can be enhanced as an asset and focal point in the community. As a part of this evaluation of ongoing planning, EPS will also review and comment on strategics for maintaining landscaping, lighting, and other public facilities affected by the overall planning effort in the project area. This task will include EPS's attendance at one public meeting. Deliverable #1: Westside Specific Plan Economic Analysis "Technical Memorandum TASK 2: STAKEHOLDER INTERVIEWS EPS will conduct a series of stakeholder interviews to gain local context and obtain an independent perspective on key issues and research emphasis. These interviews may be conducted as one-on-one sessions or in groups, as appropriate. Three representative users, selected in cooperation with the Agency, will be interviewed. EPS will also interview representatives of the Saint Anthony Church, the Old Town Neighborhood Council, and Kimball Elementary School. EPS will conduct this work in parallel with Task 1 and 3, and will schedule these interviews, whenever possible, to coincide with community outreach meetings coordinated by EDAW. Econonnc & Planning Systems, Inc. Exhibit A - Revised Scope of Work Feasihility of Harbor District Industrial Park lune 1, 2007 TASK 3: RELOCATION CANDIDATES AND SENDING SITE IDENTIFICATION AND RESEARCH The EPS team will evaluate nonconforming industrial uses in order to advise the Agency on improving local neighborhood quality, as well as to identify key tenants in the Harbor Industrial Park. This evaluation will begin with available lists and other data already assembled by EDAW, the Environmental Flealth Coalition (EHC), and other resources, depicting priorities for relocation. Major priorities are expected to include auto body shops, paint shops, and industrial businesses in immediate proximity to Kimball Elementary School. The EPS Team also will incorporate any parcel information by land use created by the EHC that is based on Geographic Information (GIS) data. As necessary and appropriate, existing information will be augmented by the EPS Team as necessary to inform the implementation of the Westside Specific Plan and the development of the Harbor Industrial Park. The sites identified for relocation, or sending sites, will be prioritized in close cooperation with the Agency. It is anticipated that high priority candidates to retain in National City will have a good track record of operations (e.g., few code violations), will generate tax revenue to the Agency, and contribute employment opportunities to the local labor force. The evaluation will consider positive or negative market -related impacts to small businesses from relocating to a new location within the City. Deliverable #2: Industrial Relocation Recommendations Technical Memorandum TASK 4: HARBOR INDUSTRIAL PARK STRATEGY TASK 4.1: RECEIVING SITE IDENTIFICATION AND RESEARCH The consolidation of industrial uses will begin with an initial analysis of a primary site with reference to appropriate size, location, configuration, access, adjacent uses, and other factors that may influence the timing and magnitude of development (e.g., soil conditions, regulatory issues). Consideration of soil conditions, if necessary to inform project feasibility, development strategics, and sources and uses of funding, will be based on information derived from existing records which have already been researched and reported by CI)C. This analysis will include a general, summary level examination of the quality of the infrastructure (roadways, water, wastewater, storm drainage, and utilities) for accommodating proposed new development, and include high level, order -of hcortamic Planning Systems, J?u Exhibit A - Revised Scope of Work Feasibility of larbor District Industrial Park tune 1, 2007 magnitude costs associated with the EPS Team's recommendations for the replacement and/or augmentation of backbone infrastructure systems. This order -of -magnitude cost evaluation will identify basic infrastructure including new or expanded utilities, storm drainage, roadway, and sewer and water improvements. This analysis will also provide a brief conceptual overview of potential opportunities and constraints associated with one or two alternative sites. Deliverable #3: Industrial Park Site Evaluation Memorandum TASK 4.2: INDUSTRIAL MARKET FEASIBILITY ANALYSIS EPS will conduct focused analysis of market conditions to support the development of pro forma financial analysis and the sources and uses analysis, to characterize funding gaps and strategies. EPS will identify likely industrial park revenues, incorporate these within the pro forma (see Task 4.4) and, through analysis of tax increment and other ongoing or one-time funding sources provided in Task 4.5, determine if any financial gap is narrow enough to close. The iterative nature of this analysis is critical. As the implications of market research are fed into prototype and financial feasibility analysis, it will be possible to determine if available funding sources are capable of producing a viable project. Strategies to address key issues will be identified and communicated to the Agency through iterative analysis, and a strategy will be crafted to respond to market and financial conditions. The following approach will be used: 1. Identify market fundamentals such as absorption rates by price point, lease rates, vacancy rates, capitalization rates, required developer profit, cost of financing, and other variables; 2. Evaluate demand assumptions for specific uses, utilizing available analysis supplemented as necessary by review of population, employment, and development projections; 3. Identify any competitive projects within the trade area; and 4. Determine the development outlook, taking competitive market position into consideration based on project attributes such as location, access, proximity to other key uses, and other factors. Deliverable #4: Industrial i'ark Market Analysis Memorandum Economic & Planning Systems, Inc. Exhibit A - Revised Scope of Work Feasibility of Harbor District Industrial Park June 1, 2007 'TASK 4.3: INDUSTRIAL I'ARK CONCEPTUAL PI ,AN Task 4.3.1: Prepare Relocation Site Diagrams To effectively evaluate the number and configuration of businesses that can be relocated to a site, the El'S Team will prepare a conceptual layout of the primary receiver site, and evaluate its ability to accommodate prospective users. Of particular importance will be issues of access, infrastructure condition and capacity, and configuration to support sufficient relocation numbers. The EPS Team will evaluate multiple land use configurations (up to three) for the site based on internal review and discussion, information gathered from the Agency, as well as input from stakeholder groups and local industrial interests. Task 4.3.2: Develop Relocation Project Prototype EPS will work with GDeS to identify a building prototype, incorporating considerations of massing, setbacks, landscaping requirements, vertical building improvement costs, likely tenant improvements, soft costs, and other development assumptions that will feed into both the feasibility analysis below as well as the land use plan. This prototype would be designed to be flexible and adaptable to different site conditions and user sizes -- essentially a "kit" of parts with site guidelines that can be assembled in different configurations. Creation of a multi-user industrial park prototype will explore the issues of shared facilities such as air handling, toxic material storage, parking, and water treatment, both as a means to mitigate initial infrastructure costs, and in an effort to maintain a consistent environmental standards across many businesses. Creating a LEED-qualified facility will be explored to evaluate which improvements and strategies are appropriate and which level of certification is appropriate. There is an opportunity to employ a great deal of creativity in the exploration of materials and concepts for a multi-user industrial complex. EPS and GDeS will propose a conceptual development prototype that incorporates the business needs of the relocated users and demonstrates desired environmental (visual and other) enhancements. TASK 4.4: INDUSTRIAL PARK PRO FORMA FEASIBILITY ANALYSIS EPS will evaluate the specific private -sector costs and revenues to determine if the development prototype can be developed feasibly. This analysis will use the "income approach" whereby operations costs are netted out of lease rates to derive net operating income (NOI). The NOI will be capitalized to derive total asset value, from which Economic 5' Planning Systems, Inc. Exhibit A - Revised Scope of Work Feasibility of Harbor District Industrial Park June 1, 2007 construction costs, soft costs, and developer profit are deducted to determine residual value. If residual land value is driven down to close to zero because of factors specific to the project, there may be insufficient private sector incentive to take risks associated with creating the facility. Such factors might include unusual soil conditions, onerous infrastructure costs, or downward pressures on lease income because of negative perceptions of image or concerns about the credit worthiness of targeted tenants. With this information, the EPS Team can suggest types of actions or subsidies that will be most effective in prompting private investment. Revenue estimates and other key variables will be drawn from the market research (Task 4.2), in-house information, and/or standard industry assumptions. Working with other team members and Agency staff, EPS will evaluate required project capital improvements, as well as estimated costs of environmental remediation (provided by consultants already under contract with the City or Agency). Vertical development costs will utilize any available project information supplemented by in-house information and/or cost estimation manuals as necessary. This information will result in the identification of any project financial gaps to be addressed in Task 4.5. Deliverable #5: Draft Conceptual Plan Memorandum. This memorandum will incorporate the findings from tasks 4.3 and 4.4. TASK 4.5: IMPLEMENTATION AND FUNDING STRATEGY Task 4.5.1: Financing Strategy for Industrial Park As a result of the pro forma analysis, EPS will evaluate the potential need and capacity for debt issuance available for required capital funding. Based on expected costs of site remediation, infrastructure, predevelopment, and entitlement, a full range of financing resources will likely be needed including one-time and ongoing Agency financial assistance. The EPS Team will prepare a "sources and uses of funds" analysis as a key component of the implementation strategy. A matrix will be developed showing required improvements, associated costs, and potential funding sources including land -secured funding (e.g., Mello -Roos Community Facilities Districts, landscaping and lighting districts, etc.), impact fee revenue, joint public/private financing of certain improvements, and tax increment financing, as well as other applicable funding sources. The EPS Team will work closely with Agency staff to apply available information regarding property acquisition, relocation and other requirements associated with the plan's implementation. Economic & Planning Systems, Inc. Exhibit A - Revised Scope of Work Feasibility of -Harbor District Industrial Park June 1, 2007 The strategy will include recommended methods for addressing capital funding shortfalls, as appropriate, including modifications to project as necessary. Task 4.5.2: Prioritized Action Plan The final report will set -forth an action plan for Agency consideration, specifying sending areas and the essential components of new industrial park development. In addition, the phasing of capital improvements, and the optimal use funding resources and deal structures to realize development goals will be presented by the Action Plan. Deliverable #6: Draft Project Report, Revisions (up to two), Final Project Report, and Presentation Economic & Planning Systems, brc. Exhibit A (Continued) National City Harbor District Industrial Park Feasibility Analysis Project Budget Projection Task/ Amount Description [1] [2] Task 1: Westside Specific Plan Economic Analysis $30,820 Task 2: Stakeholder Interviews $9,110 Task 3: Relocation Candidates and Sending Site Identification and Research $12,840 Task 4: Harbor Industrial Park Strategy Task 4.1: Receiving Sites Identification and Research $20,170 Task 4.2: Industrial Market Feasibility Analysis $33,960 Task 4.3: Industrial Park Conceptual Plan Task 4.3.1: Prepare Relocation Site Diagrams Task 4.3.2: Develop Relocation Project Prototype Task 4.4: Industrial Park Prororma Feasibility Analysis Task 4.5: Implementation and Funding Strategy Task 4.5.1: Financing Strategy for Industrial Park Task 4.5.2: Prioritized Action Plan $11,960 $14,680 $19,490 $15,300 $16,060 TOTAL PROJECT COSTS [2] ;184,390 [1] EPS reserves the right to move budget between tasks. [2] EPS's fees are based on a direct cost (hourly rates and direct expenses) not -to -exceed basis; therefore, you will be charged only for the work actually completed up to the authorized budget amount. EPS will not exceed the maximum budget without prior authorization. Economic & Pfe'ming Systems Inc 6/I/2007 g:'obuOget1116663p&ud 4. xis Exhibit B National City Harbor District Industrial Park Feasibility Analysis Estimated Timeline of Work Completed by EPS Team Jane, 2007 July, 2007 August, 2007 September. 2007 October. 2007 November. 2007 December. 2007 Task 1: Westside Spec.flc Plan Econom-c Analysis 6 c1►[1] Task 2: Sta'keholder'n'erv:ews A ► Task 3 Re ocaticn Candicates and Sending Site :dentifcabon and Research �►[2] Task 4: Harbor Industral Pa•k Strategy Task 4.1: Receiving Sites Identification ar.d Research I. [3] Task 4.2: incustrial Market Feas:bi! ty Analysis ' ► [4] Task 4.3: Incustral Park Conceptual Plan Task 4.3.': Prepare Relocation Site Diagrams Task 4,3.2: Develop Relocation Project Prototype Tas< 4.4: Industria Park ProFcrma Feasib.Ity Ana'ysis Task 4.5: Impiernental:on and Funding Strategy Task 4.5.1 • Financing Strategy for Industrial Park Task 4.5.2. P'ic•it zed Action Plan [5) 6r0 = Potential meet'ngs to be coordinated with EDAW and the City (maximum cf 7). [Xj = Defverab'e: see be.ow [1 Deliverable 1: Westside Spedfic Plan Economic Analysis Technical Memorandum - Input to EDAW Westside Specific Plan [2 Deliverable 2: Industral Relocation Recommendations Technical Memorandum [3 Deliverable 3: Industral Park Site Evaluation Memorandum [4 Deliverable 4: Industra• Park Market Analysis Memorandum [5 Deliverable 5: Draft Conceptual P;an Memorandum [6 Deliverable 6: Craft Project Report 16663 tl• '+2.xa City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE .rune 19, 2007 AGENDA ITEM NO. 35 ITEM TITLE APPROVING ITS REPORT TO CITY COUNCIL ON THE 2007 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN AND AUTHORIZING TRANSMITTAL OF THE 2007 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN AND THE REPORT TO CITY COUNCIL ON THE 2007 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN TO THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PREPARED BY DEPARTMENT Patricia Beard, Redevelopment Manager Community Development Commission (ext 4255) EXPLANATION The Community Development Commission ("CDC") is proposing an amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007 Amendment") to: extend the CDC's authority to acquire property through eminent domain for certain commercial and industrial zoned properties until 2019, to modify the redevelopment plan text as it pertains to redevelopment actions and permitted land uses, revise the Public Facilities and Infrastructure Improvement Projects exhibit, and change the current exclusion of eminent domain on single-family homes to include all residential land uses. The CDC is required, pursuant to Califomia Community Redevelopment Law ("CRL") Section 33352, to submit a report on the 2007 Amendment to the City Council of the City of National City ("City Council"). CDC staff has prepared its report pursuant to CRL Section 33352 (Attachment 3) and requests that the CDC approve the Report to City Council on the 2007 Amendment to the National City Redevelopment Plan ("Report") and authorize transmittal of the 2007 Amendment and the Report to the City Council. Environmental Review A Negative Declaration was prepared in accordance with the provisions of the California Environmental Quality Act and is provided as Attachment 2 to the Report. Financial Statement There are no fiscal impacts associated with the recommendation. STAFF RECOMMENDATION Account No. Staff recommends that the CDC adopt Resolution No. 2007_ approving the Report and authorizing transmittal of the 2007 Amendment and the Report to the City Council. { ATTACHMENTS Resolution No. 1. Background Report A-200 (9/80) Background Report The Community Development Commission ("CDC") is processing an amendment to the Redevelopment Plan for the National City Redevelopment Project ("2007 Amendment"). As proposed, the 2007 Amendment would modify the following provisions of the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"): • Extend the existing authority to acquire property, as a last resort, through eminent domain for vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area ("Project Area"). The current exemption for single family residences would remain and be expanded so that all residential uses, whether single-family or multi -family, are specifically excluded from the use of eminent domain. The time period to use eminent domain would be extended to 2019. The CDC currently has the authority to acquire property through eminent domain in the following areas: ✓ Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. ✓ Properties located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. ✓ Properties located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. ✓ Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. ✓ Properties located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. ✓ Properties west of Interstate 5, excepting the San Diego Unified Port District property. ✓ Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. • Adds a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without of the Project Area pursuant to California Community Redevelopment Law ("CRL") Section 33445. • Modifies Section VII (c) of the Redevelopment Plan to allow used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. • Revises Exhibit C of the Redevelopment Plan — "Public Facilities/Infrastructure Improvement Projects" to clarify the objectives for the listed projects, eliminates the street names identified under the Street Improvements project and adds a project entitled Public Safety and Security which provides physical and technological enhancements to enhance public safety and protection. Examples of such improvements may include but are not limited to fencing of properties, the rehabilitation or construction of police storefronts, physical and technological improvements at Police Station(s) and Fire Stations within the Project Area. • The 2007 Amendment will change the current exclusion of eminent domain on single-family homes (Exhibit D of the Redevelopment Plan) to include all residential land uses. No other changes to the Redevelopment Plan are proposed by the 2007 Amendment. In accordance with the CRL, CDC staff and consultants have prepared the 2007 Amendment and must transmit it, along with the report required by CRL Section 33352, to the City Council. The CDC prepared, in accordance with CRL Section 33352, the Report to the City Council ("Report") that details the rational for the 2007 Amendment, identifies the physical and economic blighting conditions that continue to exist in the Project Area and serves as the factual basis for the 2007 Amendment. The Report has been prepared and contains all of the information set forth in CRL Section 33352, to the extent warranted by the proposed amendment pursuant to CRL Section 33457.1. The attached resolution provides the CDC's approval of its Report and authorizes transmittal of the 2007 Amendment and the Report to the City Council. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING ITS REPORT TO THE CITY COUNCIL ON THE PROPOSED 2007 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN, AND AUTHORIZING TRANSMITTAL OF THE 2007 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN TO THE CITY COUNCIL WHEREAS, the City Council of the City of National City ("City Council") and the Community Development Commission of the City of National City ("CDC") did duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project ("Plan"); and WHEREAS, on June 5, 1995, the Planning Commission of the City of National City adopted Resolution No. 7-95, finding that the National City Redevelopment Plan conformed to the City of National City General Plan; and WHEREAS, pursuant to of the Community Redevelopment Law ("CRL") (Health & Safety Code Section 33000, et seq.), the CDC has formulated an amendment to the Plan ("2007 Amendment") attached hereto as Attachment "A", and at its meeting on April 17, 2007, authorized by Resolution No. 2007-80 circulation of the 2007 Amendment for public review and comment; and WHEREAS, pursuant to CRL Section 33352, the 2007 Amendment submitted by the CDC to the City Council must be accompanied by a report, which contains all of the information set forth in CRL Section 33352, to the extent warranted by the proposed amendment pursuant CRL Section 33457.1. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves its Report to the City Council on the proposed 2007 Amendment to the Redevelopment Plan for the National City Redevelopment Project ("Report"), in the form attached hereto as Attachment "B". BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City hereby authorizes transmittal of the 2007 Amendment and the Report to the City Council. PASSED and ADOPTED this 19th day of June, 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III Legal Counsel REDEVF,LOPMEN'I' PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT Prepared: May 8, 1995 Adopted: July 18, 1995 Amended: December 1, 1981 May 22, 1984 April 16, 1985 June 18, 1991 July 18, 1995 June 19, 2001 July _, 2007 Prepared for. Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, California 91950-3312 619-336-4250 Prepared by: Rosenow Spcvacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana; California 92705 714/541-4585 619/967-6462 ATTACHMENT "A" uNkmoimna and udingsN'avi Word woioga`agrq+xary intuna fik:W&&Wpleo.d.n Adopted 7/18/95 SECTION I. (100) INTRODUCTION 1 A. (101) General 1 SECTION 11. (200) BACKGROUND 2 SECTION III. (300) GENERAL DEFINITIONS 2 SECTION IV. (400) PROJECT AREA BOUNDARIES 4 SECTION V. (500) REDEVELOPMENT PLAN GOALS 4 SECTION VI. (600) REDEVELOPMENT ACTIONS 5 A. (601) General 5 B. (602) Property Acquisition 7 C. (605) Participation by Owners and Persons Engaged in Business 8 D. (609) Implementing Rules 9 E. (610) Cooperation with Public Bodies 10 F. (611) Property Management 10 G. (612) Payments to Taxing Agencies 10 H. (613) Relocation of Persons Displaced by a Project 11 1. (616) Demolition, Clearance, Public Improvements, Site Preparation and Removal 11 J. (621) Rehabilitation, Moving of Structures by the CDC and Seismic Repairs 13 K. (625) Property Disposition and Development 14 L. (630) Provision for Low and Moderate Income Ilousing 16 SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA 20 A. (701) Map and Uses Permitted 20 B. (702) Major Land Use Designations (as now provided in the General Plan) 20 C. (703) Transportation Center 21 D. (704) Public Uses 22 E. (707) Conforming Properties 22 F. (708) Nonconforming tJses 23 G. (709) Interim Uses 23 H. (710) General Controls and Limitations 23 I. (720) Design for Development 25 J. (721) Building Permits 26 SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT 26 A. (801) General Description of the Proposed Financing Methods 26 B. (802) Tax Increment Revenue �7 C. (803) CDC Bonds 33 D. (804) Other Loans and Grants 34 c VIncnin n,s •,d snssingsSlnnsVocal seumgsVenynvy snse:nct ItIcs4,6.6c\iJplvsJuv Adopted 7/18/95 E. (805) Rehabilitation Loans, Grants, and Rebates 34 SECTION IX. (900) ACTIONS BY THE CITY 34 SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT 35 SECTION X1. (1100) DURATION OF TIIIS PLAN 35 SECTION XII. (1200) PROCEDURE FOR AMENDMENT 36 EXHIBIT A 37 EXHIBIT B 38 EXHIBIT C 39 EXHIBIT D 40 r'&.crn, nts WV! sctriogAddavi'$ 1 xtttngsUrspwruv 6urrm fiks4>h6eWit4m.Jw: Adoptcd 7/18/95 REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT SECTION I. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the National City Redevelopment Project as amended ("Plan"), located in the City of National City, County of San Diego, State of California. It consists of the text (Sections 100 through 1100), the Project Area Map of Redevelopment Project Area No. 1 ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and infrastructure improvement projects (Exhibit C), and a map of the properties potentially subject to acquisition by eminent domain (Exhibit D). This Plan has been prepared by the Community Development Commission (the "CDC") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et sec .), the California Constitution and all applicable laws and ordinances. It does not present a specific plan for the redevelopment, rehabilitation and revitalization of any area within the Project Area; instead, it establishes a process and framework for implementation. This Plan is based upon the Preliminary Plan formulated and adopted by the National City Planning Commission and the CDC on March 7, 1994 and March 15, 1994, respectively. This Plan supersedes, by amendment and restatement, the Redevelopment Plan for the National City Downtown Redevelopment Project adopted by Ordinance No. 1762 on December 1, 1981, as amended by Ordinance No. 1821 adopted on May 22, 1984, Ordinance No. 1851 adopted on April 16, 1985, and -Ordinance No. 91-2013 adopted on June 18, 1991, Ordinance No. 95-2095 adopted on July 18, 1995, and Ordinance No. 2187 adopted on June 19, 2001. This Plan was amended again by Ordinance No. adopted on Jul , 2007. This Plan will amend the preexisting Redevelopment Plan as follows: • extend the CDC's existing eminent domain may --authority by 12 years in those areas currently subject to eminent domain; • add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445; • modify Section V11 (c), thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. c.4ixum.W, and smug. ddasu\k.ual rniiuwsarnpnety uncmel lik-.oIkLc441111 m' 1 Adopted 7/18/95 SECTION II. (200) BACKGROUND The preexisting National City Downtown Redevelopment Project was comprised of seven separate project areas. Between 1969 and 1978, the City Council of the City of National City ("City Council") adopted four redevelopment projects: the E.J. Christman Business and Industrial Park Redevelopment Project by Ordinance No. 1233 on November 18, 1969, the South Bay Town and Country Redevelopment Project by Ordinance No. 1471 on June 24, 1975, the Center City Redevelopment Project by Ordinance No. 1505 on April 13, 1976, and the E.J. Christman Business and Industrial Park Redevelopment Project Amendment No. 2 by Ordinance No. 1610 on December 13, 1977. On December 1, 1981, the City Council adopted the National City Downtown Redevelopment Project by Ordinance No. 1762, merging the four preexisting redevelopment projects and incorporating additional properties to establish a 2,080-acre merged project area. The merged National City Downtown Redevelopment Project has been amended three times since its adoption: Amendment No. 1 adopted on May 22, 1984 by Ordinance No. 1821, Amendment No. 2 adopted on April 16, 1985 by Ordinance No. 1851, ftftEl Amendment No. 3 adopted on June 18, 1991 by Ordinance No. 91-2013, Amendment No. 4 adopted on July 18, 1995 by Ordinance No. 95-2095, and Amendment No. 5 adopted on June 19, 2001 by Ordinance No. 2187. Of these amendments, only Amendment No. 2 increased the size of the project area, adding approximately three acres, and enlarging the merged National City Downtown Redevelopment Project Area to approximately 2,083 acres. SECTION III. (300) GENERAL. DEFINITIONS The following definitions will be used generally in the context of this PIan unless otherwise specified herein: A. "Added Area" means the territories included in the Project Area by Ordinance No. 95-2095 adopted by the City Council on July 18, 1995, as depicted on Exhibit A and described in Exhibit B. B. "Annual Work Program" means that portion of the CDC's annual budget that sets forth programs and goals to be accomplished by the CDC during the fiscal year. C. "CDC" means the Community Development Commission of the City of National City, California. D. "Center City Area" means the territories originally included in the Center City Redevelopment Project Area by Ordinance No. 1505 adopted by the City Council on April 13, 1976, and subsequently merged into the Existing Area. E. "City" means the City of National City, California. F. "City Council" means the legislative body of the City. c'docmvrots and settings\44rvuUocal settiog,\Insv racy intctoct flks4>11<60.1drI . Aoc 2 Adopted 7/18/95 G. "County" means the County of San Diego, California. H. "Disposition and Development Agreement" means an agreement between a developer and the CDC that sets forth terms and conditions for improvement and redevelopment. I. "Downtown Original Area" means the territories originally added to the Existing Area by Ordinance No. 1762 adopted by the City Council on December 1, 1981. J. "Downtown 1985 Amendment Area" means the territories originally added to the Existing Area by Ordinance No. 1851 adopted by the City Council on April 16, 1985. K. "E.J. Christmanl Area" means the territories originally included in the E.J. Christman Business and Industrial Park Redevelopment Project Area by Ordinance No. 1233 adopted by the City Council on November 18, 1969, and subsequently merged into the Existing Area. l.. "E.J. Christman2 Arca" means the territories originally included in the E.J. Christman Business and Industrial Park Redevelopment Project Area Amendment No. 2 by Ordinance No. 1610 adopted by the City Council on December 13, 1977, and subsequently merged into the Existing Area. M. "Existing Arca" means the merged National City Redevelopment Project Area originally formulated by Ordinance No. 1762 adopted by the City Council on December 1, 1981, and subsequently amended by Ordinance No. 1821 on May 22, 1984, Ordinance No. 1851 on April 16, 1985, and Ordinance No. 91-2013 on June 18, 1991, as depicted on Exhibit A. N. "General Plan" means the City's General Plan, a comprehensive and long-term General Plan for the physical development of the City as provided for in Section 65300 of the California Government Code. O. "Map" means the Map of the Project Area attached hereto as Exhibit A. P. "Method of Relocation" means the methods or plans adopted by the CDC pursuant to Sections 33352(t) and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to be temporarily or permanently displaced by actions of the CDC. Q. "2007 Ordinance" means City Council Ordinance No. adopted on July 2007 amending this Plan. c'Nncunents auJ scttntda`JJasiAlocal vttinpaarngcnar, mtctat M1kstilk(c\Jylao.doc 3 Adopted 7n R/95 QR. "Owner Participation Agreement" means an agreement between the CDC and a property owner or tenant which sets forth terms and conditions for improvement and redevelopment. RS. "Person" means an individual(s), or any public or private entities. ST. "Plan" means the redevelopment plan for the Project as amended. TU. "Project" means the National City Redevelopment Project. UV. "Project Area" means the National City Redevelopment Project Area, inclusive of the Existing Area and Added Area, which is the territory this Plan applies to, as shown on Exhibit A. VW. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et semc .) as it now exists or may he hereafter amended. WX. "South Bay Town and Country Area" means the territories originally included in the South Bay Town and Country Redevelopment Project Area by Ordinance No. 1471 adopted by the City Council on June 24, 1975, and subsequently merged into the Existing Area. XY. "State" means the State of California. SECTION IV. (400) PROJECT AREA BOUNDARIES The boundaries of the Project Arca arc illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Area is as described in Exhibit B attached hereto and incorporated herein. SECTION V. (500) REDEVELOPMENT PLAN GOALS Implementation of this Plan is intended to achieve the following goals: • Eliminate and prevent the spread of conditions of blight including: underutilized properties and deteriorating buildings, incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, and other economic deficiencies in order to create a more favorable environment for commercial, office, industrial, residential, and recreational development. • Unify City's Ilarbor District with the downtown area through enhanced employment, commercial, and maritime development opportunities. • Expand the commercial base of the Project Area. c.Nocwocals rW sellutgs,ddavisLLx,l sctlingssAnnporary entente tSesoUk6eadp1audoc 4 Adopted 7/18/95 • Improve public facilities and public infrastructure. • Improve inadequate drainage infrastructure. • Itnprove and/or provide electric, gas, telephone, and wastewater infrastructure to both developed and undeveloped properties within the Project Area. • Promote local job opportunities. • Encourage the cooperation and participation of residents, businesses, business persons, public agencies, and community organizations in the redevelopment/revitalization of the Project Area. • Implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. • Address parcels of property that are: of irregular form and shape, are inadequately sized for proper usefulness and development, and/or are held in multiple ownership. • Remove impediments to land disposition and development through the assembly of property into reasonably sized and shaped parcels served by improved infrastructure and public facilities. • Recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City's financial resources. • Promote the rehabilitation of existing housing stock. • Increase, improve, and preserve the community's supply of ]reusing --affordable housing for very low, low and moderate income households. SECTION VI. (600) REDEVELOPMENT ACTIONS A. (601) General The CDC proposes to eliminate and prevent the recurrence of blight, and improve the economic base of the Project Area by: 1. Acquiring, installing, developing, constructing, reconstructing, redesigning, replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities, flood control facilities and other public improvements and public facilities. 2. Rehabilitating, altering, remodeling, improving, modernizing, or reconstructing buildings, structures and improvements. v'dvcw1Yp11 anal :<lluig11ddavtAkKd 5c ItcnzsMc l wnxy Y11rrno filet.. Th6MYQpIanitoc 5 Adopted 7/18/95 9 3. Rehabilitating, preserving, developing or constructing affordable housing in compliance with State law. 4. Providing the opportunity for owners and tenants presently located in the Project Area to participate in redevelopment projects and programs, and extending preferences to occupants to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced residential and nonresidential occupants, if necessary. 6. Facilitating the development or redevclop►nent of land for purposes and uses consistent with this Plan. 7. Acquiring real property by purchase, lease, gift, grant, request, devise or any other lawful means (including eminent domain on a limited basis), after the conduct of appropriate hearings. 8. Combining parcels and properties where and when necessary. 9. Preparing building sites and constructing necessary off -site improvements. 10. Providing for open space. 11. Managing property owned or acquired by the CDC. 12. Assisting in procuring financing for the construction of residential, commercial, and office buildings to increase the residential and commercial base of the Project Area, and the number of temporary and permanent jobs in the City. 13. The disposition of property including, without limitation, the lease or sale of land at a value determined by the CDC for reuse in accordance with this Plan. 14. Establishing controls, restrictions or covenants running with the land, so that property will continue to be used in accordance with this Plan. 15. Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other areas for public purposes consistent with the objectives of this Plan. 16. Providing replacement housing, if any is required. c,doctunrut\ and inpval- Nocsetting Vcmporray met (JCSMk(FbdpLvLSo 6 Adopted 7/18/95 17. Applying for and utilizing grants, loans and any other assistance from federal or State governments, or other sources. 18. Taking actions the CDC determines are necessary and consistent with State, federal and local laws to make structural repairs to buildings and structures, including historical buildings, to meet building code standards related to seismic safety. 19. Taking actions the CDC determines are necessary and consistent with State, federal and local laws to remedy or remove a release of hazardous substances on, under or from property within the Project Area or to remove hazardous waste from property. 20. Pursuant to Health and Safety Code Section 33445, pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area provided: (1) the buildings, facilities, structures, or other improvements arc of benefit to the Project Area; (2) no other reasonable means of financing the buildings, facilities, structures, or other improvements are available to the City; and (3) the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of blight within the Project Area. To accomplish these actions and to implement this Plan, the CDC is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. B. (602) Property Acquisition 1. (603) Acquisition of Real Property Without limitation, the CDC may acquire real property, any interest in property, and any improvements on it by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, or devise. In addition, the CDC may also employ eminent domain in projects involving land acquisition of any real property identified in Exhibit D incorporated herein. To the extent required by law, the CDC shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; c Vkx-anrntf wd ghylavn inc d .soinpsVernpntnry intcrrct tiilesW&&Vdplan.doc 7 Adopted 7/18/95 4% or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan by executing an Owner Participation Agreement. Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced within thc Center City Area, the Downtown Original Area, the Downtown 1985 Amendment Area, and the Added Area after twelve (12) years following the date of adoption of thc 2007 Ordinance amending ordinance adopting this Plan. Such time limitation may be extended only by amendment of this Plan. The CDC shall not employ eminent domain in acquiring property within the E.J. Christmanl Area, the E.J. Christman2 Area, or the South Bay Town and County Area or in acquiring any residential property in the Project Area. 2. (604) Acquisition of Personal Property Where necessary in the implementation of this Plan, the CDC is authorized to acquire personal property in the Project Area by any lawful means. C. (605) Participation by Owners and Persons Engpsed in Business 1. (606) Owner Participation 'I'his Plan provides for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Opportunities to participate in the redevelopment of property in the Project Area may include without limitation the rehabilitation of property or structures; the retention of improvements; the development of all or a portion of the participant's property; the acquisition of adjacent or other properties from the CDC; purchasing or leasing properties in the Project Area; participating with developers in the improvement of all or a portion of a participant's properties; or other suitable means consistent with objectives and proposals of this Plan and with the CDC's pules governing owner participation and re-entry. In addition to opportunities for participation by individual persons and firms, participation, to the extent it is feasible, shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. The CDC desires participation in redevelopment activities by as many owners and business tenants as possible. I-Iowever, participation opportunities shall c:Ndoc mints rani se ttingskWar,s'kc al xttogys'cnjsnry unmet files‘ok/r 'Arlan doc 8 Adopted 7/18/95 necessarily be subject to and limited by such minimum factors as the expansion of public or public utilities facilities; elimination and changing of land uses; realignment of streets; the ability of the CDC and/or owners and business tenants to finance acquisition and development activities in accordance with this Plan; and whether the proposed activities conform to and further the goals and objectives of this Plan. 2. (607) Reentry Preferences for Persons Engaged in Business in the Project Area The CDC shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the CDC's rules governing owner participation and re-entry. 3. (608) Owner Participation Agreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as arc necessary to make the provisions of this Plan applicable to their properties. In the event a participant breaches the terms of an Owner Participation Agreement, the CDC may declare the Agreement terminated and may acquire the real property or any interest therein, and may sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan. If conflicts develop between the desires of participants for particular sites or land uses, the CDC is authorized to establish reasonable priorities and preferences among the owners and tenants. Where the CDC determines that a proposal for participation is not feasible, is not in the best interests of the CDC or City, or that redevelopment can hest he accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the CDC shall not be required to execute such an agreement. D. (609) Implementing Rules The provisions of Sections 605-608 of this Plan shall be implemented according to the rules adopted by the CDC prior to the approval of the ordinance amending this Plan, which may be amended from time to time by the CDC. Such rules allow for Owner Participation Agreements with the CDC. c.UOCWISnl, and sctlmgAddav,<*xal scltings tcnq.urnn inicrnrl filrs4sh&Wplan.doc 9 Adopted 7/1 kS/')5 E. (610) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The CDC shall seek the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. Property of a public body shall not be acquired without its consent. The CDC shall seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner and business tenant participation if such public body is willing to enter into an Owner Participation Agreement with the CDC. All plans for development of property in the Project Arca by a public body shall be subject to CDC approval. The CDC may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The CDC is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. F. (611) Property Management During such time as property, if any, in the Project Area is owned by the CDC, such property shall be under the management and control of the CDC. Such properties may be rented or leased by the CDC pending their disposition. G. (612) Payments to Taxing Agencies The CDC may pay, but is not required to pay, in any year during which it owns property in the Project Area directly to any City, County or district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon such property had it not been tax exempt, an amount of money in lieu of taxes. The CDC may also pay to any taxing agency with territory located within the Project Arca, other than the City, any amounts of money which the CDC has found are necessary and appropriate to alleviate financial burden or detriment caused by the Project pursuant to an agreement executed prior to January I, 1994. The payments to a taxing agency pursuant to such an agreement in any single year shall not exceed the amount of property tax revenues which would have been received by that taxing agency if all the property tax revenues from the Project Area had been allocated to all the affected taxing agencies r4xmrcnts au1 setngs,ckiavis\kxd sating,\tatninnvy wtt-mct ftksbLL6e4dpLutktc 10 Adopted 7/I8/95 without regard to the division of taxes required by Section 33670 of the Redevelopment Law, except that a greater payment has been established by agreement between the CDC and one or more taxing agencies, except a school district, if the other taxing agencies agreed to defer payments for one or more years in order to accomplish the purposes of the Project at an earlier time than would otherwise be the case. The amount of any greater payments shall not exceed the amount of payment deferred. The payments shall have been approved by a resolution, adopted by the CDC, contained findings, supported by substantial evidence, that the Project will cause or has caused a financial burden or detriment to the taxing agency and that the payments are necessary to alleviate the financial burden or detriment. In the event that such an agreement described in the above paragraph does not exist between the CDC and an affected taxing agency, the CDC shall remit payments to any such taxing agency in a manner consistent with Section 33607.7 of the Redevelopment Law. H. (613) Relocation of Persons Displaced by a Project 1. (614) Relocation Program In accordance with the provisions of the California Relocation Assistance Law (Government Code Section 7260, et seq.), the guidelines adopted and promulgated by the California Department of Housing and Community Development (the "Relocation Guidelines") and the Method of Relocation adopted by the CDC, the CDC shall provide relocation benefits and assistance to all persons (including families, business concerns and others) displaced by CDC acquisition of property in the Project Area or as otherwise required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. In order to carry out a redevelopment project with a minimum of hardship, the CDC will assist displaced households in finding decent, safe and sanitary housing within their financial means and otherwise suitable to their needs. The CDC shall make a reasonable effort to relocate displaced individuals, families, and commercial and professional establishments within the Project Area. The CDC is also authorized to provide relocation for displaced persons outside the Project Area. 2. (615) Relocation Benefits and Assistance The CDC shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. I. (616) Demolition, Clearance, Public improvements, Site Preparation and Removal of Hazardous Waste cMxumcnln Atka saiutpn4Nsvi•Uxd uuutb::\Aeuprtary entreat files \°Mx-N plan. doe 1 1 Adopted 7/1 B/95 1. (617) Demolition and Clearance The CDC is authorized, for property acquired by the CDC or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. 2. (618) Public Improvements To the extent permitted by law, the CDC is authorized to install and construct or to cause to be installed and constructed the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Such public improvements include, but are not limited to: over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems' natural gas distribution systems; cable TV and fiber optic communication systems; water distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic; cultural; and recreational facilities; and pedestrian improvements. A list of proposed public facilities and infrastructure improvement projects is set forth in Exhibit C and incorporated herein by reference. The CDC, as it deems necessary to carry out the Plan and subject to the consent of the City Council, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or outside the Project Area, upon both the CDC Board and the City Council making the applicable determinations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such huilding, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the CDC may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such huilding, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the CDC under such contract shall constitute an indebtedness of the CDC for the purposes of carrying out this Plan. 3. (619) Preparation of Building Sites The CDC may develop as a huilding site any real property owned or acquired by it. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out in the Project Area this Plan. c:Wocuments end setltngs4Wurl>\ 4 seningsbcnQoran winut fiksb&( ttdmtdoc 1 2 Adopted 7/18/95 4. (620) Removal of Hazardous Waste To the extent legally allowable, the CDC may take any actions which the CDC determines are necessary and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. J. (621) Rehabilitation, Moving of Structures by the CDC and Seismic Repairs 1. (622) Rehabilitation and Conservation The CDC is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure in the Project Area owned by the CDC. The CDC is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the CDC to the extent permitted by the Redevelopment Law as it exists now or may be hereafter amended. The CDC is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. ft shall be the purpose of this Plan to allow for the retention of as many existing businesses as practicable and to enhance the economic life of these businesses by a program of voluntary participation in their conservation and rehabilitation. The CDC is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Arca to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the CDC based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the CDC. elWonwtnna and scdtops`67avisdoval settwgn\temporary mtrmet fiks4 U60.5dplandoc 13 Adopted 7/18/75 1� e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The CDC may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. 2. (623) Moving of Structures As necessary in carrying out this Plan, the CDC is authorized to move, or to cause to be moved, any building structures or other improvements from any real property acquired which can be rehabilitated to a location within or outside the Project Area. 3. (624) Seismic Repairs For any project undertaken by the CDC within the Project Area for building rehabilitation or alteration in construction, the CDC may, by following all applicable procedures which am consistent with local, State, and federal law, take those actions which the CDC determines are necessary to provide for seismic retrofits. K. (625) Property Disposition and Development 1. (626) Real Property Disposition and Development a. (627) General For the purposes of this Plan, the CDC is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the CDC is authorized to dispose of real property by negotiated lease or sale without public bidding. Except as otherwise permitted by law, before any interest in property of the CDC acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council after public hearing. Except as otherwise permitted by law, no real or personal property owned by the CDC, or any interest therein, shall be sold or leased to a private person or private entity for an amount less than its fair market value, or the fair reuse value at the use and with the covenants, conditions and development costs authorized by the sale or lease. c:Wonmrms and scuies'Mn is* c3.1 xlisugs temporary wnaut fiks4•k& Jylwndoc 14 Adopted 7/18/95 1� The real property acquired by the CDC in the Project Area, except property conveyed to it by the City, shall be sold or leased to public or private persons or entities for improvement and use of the property in conformance with this Plan. Real property may be conveyed by the CDC to the City, and where beneficial to the Project Area, to any other public body without charge or for an amount Tess than fair market value. All purchasers or lessees of property from the CDC shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time which the CDC fixes as reasonable, and to comply with other conditions which the CDC deems necessary to carry out the purposes of this Plan. During the period of redevelopment in the Project Area, the CDC shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, arc being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the City's planning and zoning ordinances, building, environmental and other land use development standards. Such development must receive the approval of all appropriate public agencies. b. (628) Purchase and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the CDC, as well as all property subject to Owner Participation Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the planning and zoning ordinances of the City, conditional use permits, or other means. Where appropriate, as determined by the CDC, such documents or portions thereof shall be recorded in the office of the Recorder of the County. Leases, deeds, contracts, agreements, and declarations of restrictions of the CDC may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. The CDC shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to c'docurmnts and scion svldavii\ncal setlw. s senr,rary interuct rdcablk(&Ydrlan.duc 15 Adopted 7/ I R/95 v+.tvaa#t+•'n prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The CDC shall obligate lessees and purchasers of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project to refrain from discrimination or segregation based upon race, color, creed, religion, national origin, ancestry, sex, or marital status in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to Disposition and Development Agreements shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain such nondiscrimination and non -segregation clauses as are required by law. 2. (629) Personal Property Disposition For the purposes of this Plan, the CDC is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property. L. (630) Provision for Low and Moderate Income Housing 1. (631) Definition of Terms The terms "affordable housing cost", "replacement dwelling unit", "persons and families of low or moderate income", "substantially rehabilitated dwelling units" and "very low income households" as used herein shall have the meanings as defined by the Redevelopment Law and other State and local laws and regulations pertaining thereto. 2. (632) Authority Generally The CDC may, inside or outside the Project Area: acquire real property, buildings sites, buildings or structures, donate real property, improve real property or building sites, construct or rehabilitate buildings or structures, and take any other such actions as may be permitted by the Redevelopment Law, in order to provide housing for persons and families of low or moderate income. 3. (633) Replacement Housing Except as otherwise permitted by law, whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the CDC shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale cAdnaunra> and senung>WJar\local seumysuenpira y mtesoct filesV11.6e4dplmdoc 16 Adopted 7/t8/95 F� to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the ten-itorial jurisdiction of the CDC. Except as otherwise permitted by law, seventy-five percent (75%) of the replacement dwelling units shall replace dwelling units availahle at affordable housing costs in the same income level of very low income households, lower income households, and persons and families of low and moderate income as the persons displaced from those units destroyed. The CDC may replace destroyed or removed dwelling units housing persons and families of low or moderate income with a fewer number of replacement dwelling units if the replacement dwelling units have a greater or equal number of bedrooms and are affordable to the same income level of households as the destroyed or removed units to the extent permissible by law as it now exists or may hereafter be amended. 4. (634) New or Rehabilitated Dwelling Units Developed Within the Project Area Except as otherwise permitted by law, at least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by the CDC shall be available at affordable housing cost to persons and families of low or moderate income and of such thirty percent (30%), not less than fifty percent (50%) shall be available to and occupied by very low income households. At least fifteen percent (15%) of all new and substantially rehabilitated dwelling units developed within the Project Area by public or private entities or persons other than the CDC shall be available at affordable housing cost to persons and families of low or moderate income and of such fifteen percent (15%), not less than forty percent (40%) shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this Section 634 shall apply independently of the requirements of Section 633 of this Plan and in the aggregate to the supply of housing to be made availahle pursuant to this Section 634 and not to each individual case of rehabilitation, development or construction of dwelling units. Pursuant to Section 33413(b)(4) of the Redevelopment Law, the CDC shall prepare and adopt a plan to comply with the requirements set forth above, for the Project Area. The plan shall be consistent with, and may be included within the Housing Element of the City's General Plan. The plan shall be reviewed and, if necessary, amended at least every five (5) years in conjunction with the housing element cycle. The plan shall ensure that the requirements of this section are met every ten (10) years. Except as otherwise permitted by law, the CDC shall require, by contract or other appropriate means, that whenever any low and moderate income housing units arc developed within the Project Area, such units shall be made availahle on a priority basis for rent or purchase, whichever the case may he, to persons and families of low or moderate income displaced by the Project; provided, however, that failure cAdmultsWs atd settingsWJa..locat scttmRSVctsporaty wi,ro•t tiles,otkfic Nrttplan.dr, 17 Adopted 7/ 18/95 to give such priority shall not affect the validity of title to the real property upon which such housing units have been developed. 5. (635) Duration of Dwelling Unit Availability The CDC shall require the aggregate number of dwelling units rehabilitated, developed or constructed pursuant to Sections 633 and 634 of this Plan to remain available at affordable housing cost to very low income, low income, and moderate income households for the longest feasible time, as determined by the CDC, but for not less than the period of the residential land use controls established in Section 1100 of this Plan. 6. (636) Relocation Housing If insufficient suitable housing units are available in the City for use by persons and families of low and moderate income displaced by a Project, the CDC may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within thc City, both inside and outside the Project Area. 7. (637) Increased and Improved Supply Except as otherwise permitted by law, not less than twenty percent (20%) of all taxes which are allocated to the CDC pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 602(2) and (3) of this Plan shall be used by the CDC for thc purposes of increasing, improving and preserving the City's supply of low and moderate income housing available at affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code, to persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, and very low income households, as defined in Section 50105 of the California Health and Safety Code, unless one or more applicable findings are made pursuant to the Redevelopment Law. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the Fund. In implementing Section 637 of this Plan, the CDC may exercise any or all of its powers including, hut not limited to, the following: 1. Acquire real property or building sites. 2. Improve real property or building sites with on -site or off -site improvements, but only if either (a) the improvements are made as part of a program which results in the new construction or r'V♦MypCnlf Lnl settingS,dinviOlncal ing SUcniuI oy WLTILY {1o1Ik6,-Vdp1.2.do, 18 Adopted 7/18/95 /)A rehabilitation of affordable housing units for low- or moderate - income persons that are directly benefited by the improvements, or (b) the CDC finds that the improvements are necessary to eliminate a specific condition that jeopardizes the health or safety of existing low- or moderate -income residents. 3. Donate real property to private or public persons or entities. 4. Finance insurance premiums. 5. Construct buildings or structures. 6. Acquire buildings or structures. 7. Rehabilitate buildings or structures. 8. Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105 of the California Ilealth and Safety Codc, lower income households, as defined by Section 50079.5 of the California Health and Safety Code, or persons and families of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, to the extent those households cannot obtain housing at affordable costs on the open market. Ilousing units available on the open market are those units developed without direct government subsidies. 9. Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness or pay financing or carrying charges. 10. Maintain the community's supply of mobile homes. 11. Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The CDC may use these funds to meet, in whole or in part, the replacement housing provisions in Section 633 of this Plan. These funds may be used inside or outside the Project Area; however, these funds may be used outside the Project Area only if findings of benefit to the Project Area are made pursuant to the Redevelopment Law. 8. (638) Duration of Affordability e:Ykoewuruln vld xnvy'skkInvisly.cnl ultingskterrporaly mtuun IJesblk(aNdpIrn dot. 19 Adopted 7/ 18/45 Except as provided in Section 33334.3 of the Redevelopment Law, all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund pursuant to an agreement approved by the CDC shall be required to remain available at affordable housing cost to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time: a. Fifteen years for rental units. However, the CDC may replace rental units with equally affordable and comparable rental units in another location within the City if (i) the replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (ii) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. h. Ten years for owner -occupied units. However, the CDC may permit sales of owner -occupied units prior to the expiration of the 10-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the CDC's investment of moneys from the Low and Moderate Income Housing Fund. SECTION VIl. (700) USES PERMITTED IN THE PROJECT AREA A. (701) Map and Uses Permitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of the Project Area boundaries, the immediately adjacent streets, and existing public rights -of -way and public easements. The land uses permitted by this Plan shall be those permitted by the General Plan, City zoning ordinances and the local Coastal Plan as they now exist or may hereafter be amended. B. (702) Major Land Use Designations (as now provided in the General Plan) The following land use categories are presently permitted by the General Plan: RESIDENTIAL Single -Family Large Lot (RS-1) Single -Family Small Lot (RS-2) Single -Family Extendible (RS-3) Two Family (RT) Multifamily Extendible (RM-t) Multifamily Limited (RM-2) Senior Citizen Housing (RM-3) COMMERCIAL c:Y7ocwncas and settwgsYWaviAlocal scuingsVemranrr annul files oll4cY.lplcatle c 20 Adopted 7/18/95 General Commercial (CG) Medium Commercial (CM) Limited Commercial (CL) Tourist Commercial (CT) Automotive Commercial (CA) Heavy Commercial (CH) INDUSTRIAL Light Manufacturing (ML) Medium Manufacturing (MM) Heavy Manufacturing (MH) Tidelands Manufacturing (MT) INST1TUTIONAL Civic Institutional (II.) Private Institutional (IP) OPEN SPACE C. (703) Transportation Center This use district encompasses all of the Commercial Zones (CA, CM, and CH) along National City Boulevard, south of 18th Street to 33rd Street, and is designed primarily to furnish areas for new and used automobile and truck sales and services. The objective is to. provide for a complete sales and service unit for each dealership on co uous land within the Transportation Center district. In all agreements entered into by the CDC, independent used car sales, services, or repairs will not be permitted unless such activity is an integral part of a new vehicle dealership. Permitted uses in the transportation center use district include: • New automobile and truck sales, leasing, and rentals. • Used auto and truck sales when part of a new vehicle dealership and located on eentigueus land within the Transportation Center district. • Service and repair of trucks and automobiles when provided by new vehicle dealer on eeetigt}ors-adjacent property. • Sale of vehicle parts and accessories when provided by new vehicle dealership on seetigueus-adjacent property. • Sale or rental of campers, camper trailers, vacation trailers, self-propelled mobile homes, boats, and other sporting and pleasure equipment which is substantial in size. This activity must be incidental to the principal activity of the automobile and/or truck dealershi p. cArkuvrteW. aal setim}uMlaviAivcal srstnys temputasy mtenri fik<W0.40rdpian,4x 21 Adopted 7/18/95 2 • Other related uses, with the review and recommendation of the Planning Commission, which are consistent with the objectives of this Plan. D. (704) Public Uses 1. (705) Public Street Layout, Rights -of -Way and Easements The public street system for the Project Area is illustrated on the Project Area Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the Circulation Element of the General Plan. Interstates 5 and 805 connect the Project Area to the greater metropolitan region. Primary streets in the Project Area include: Tidelands Avenue, Harrison Avenue, National City Boulevard, Highland Avenue, 8th Street, Civic Center Drive, and 24th Street. Certain streets and rights -of -way may be widened, altered, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may he created by the CDC and City in the Project Area as needed for proper development and circulation. The public rights -of -way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in public rights -of -way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (706) Other Public and Open Space Uses Both within and, where appropriate, outside of the Project Area, the CDC may take actions to establish, or enlarge public, institutional, or non-profit uses, including, hut not limited to, schools, community centers, auditorium and civic center facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform with all other applicable laws and ordinances and that such uses are approved by the City. The CDC may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. E. (707) Conforming Properties The CDC may, in its sole and absolute discretion, determine that certain real properties within the Project Area meet the requirements of this Plan, and the owners of such properties may be permitted to remain as owners of conforming properties without an Owner Participation Agreement with the CDC, provided such owners continue to operate, Wo.nntrots gad auttuipsYNa•uW,:al+ettegs,atm+oratr urtcNet fhOnik&WpLus.hx 22 Adopted 7/18/95 use, and maintain the real properties within the requirements of this Plan. An owner of a conforming property may he required by the CDC to enter into an Owner Participation Agreement with the CDC in the event that such owner desires to (1) as provided in the land use code, construct any additional improvements or substantially alter or modify existing structures on any of the real property described above as conforming; or (2) acquire additional property within the Project Area. F. (708) Nonconforming Uses The CDC is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The CDC may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for buildings which do not conform to the provisions of this Plan where, in the determination of the CDC, such improvements would be compatible with surrounding Project Area uses and proposed development. G. (709) Interim Uses Pending the ultimate development of land by developers and participants, the CDC is authorized to use or permit the use of any land in the Project Area for interim uses not in conformity with the uses permitted in this Plan. Such interim use, however, shall conform to all applicable City codes. H. (710) General Controls and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and all applicable City codes and ordinances. The land use controls of this Plan shall apply for the periods set forth in Section 1100 below. The type, size, height, number and use of buildings within the Project Area will be controlled by the applicable City planning and zoning ordinances as they now exist or may hereafter be amended from time to time. 1. (711) New Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to applicable City codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the CDC to control and direct improvement activities in the Project Area. c-Lkcun uts and xttmRsYldavis\Mxr.l satwgsvetni.trmy intern.+ Idcb1k6r4drWtdon 23 Adopted 7/ 18/95 2. (712) Rehabilitation Any existing structure within the Project Area which the CDC enters into an agreement for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will meet the following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (713) Number of Dwelling Units The total number of dwelling units in the Project Area shall be regulated by the General Plan. As of the date of adoption of the Plan, there are 10,107 dwelling units, not including mobile home units, in the Project Area. 4. (714) Open Space and Landscaping The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the Land Use Element of the General Plan and those areas in the public rights -of -way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. 5. (715) Limitations on Type, Size and Height of Buildings The limits on building intensity, type, size and height, shall be established in accordance with the provisions of the General Plan and the zoning ordinances, as they now exist or are hereafter amended. 6. (716) Signs All signs shall conform to the City's requirements. Design of all proposed new signs shall be submitted prior to installation to the appropriate governing bodies of the City and/or the CDC for review and approval pursuant to the Municipal Code of the City and procedures permitted by this Plan. 7. (717) Utilities The CDC, in conformity with municipal code and City policy, shall require that all utilities be placed underground whenever physically possible and economically feasible on projects funded in whole or in part by the CDC or subject to a Disposition and Development Agreement or an Owner Participation Agreement. 8. (718) Subdivision of Parcels c;,docwreuts nod settmgOidNmis\beat settugs4vtyo,ary interact Need -ilk Weilpl Joc 24 Adopted 7/I8/95 2� No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re -subdivided without the approval of the City. 9. (719) Variations The CDC is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the CDC must determine all of the following: a. Any variation must to be considered must first be consistent with the Land Use Code, Title 18. b. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. c. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls. d. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. e. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the CDC shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the purposes of this Plan. I. (720) Design for Development Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 701 and 710 herein, the CDC is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. No new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with this Plan and any such controls approved by the CDC. In the case of property which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the CDC, such property shall be developed in accordance with the provisions of such Agreement. One of the objectives of this Plan is to create an attractive cdocwnnts asd saltigaWdavnWcal senuytsVenfitnry iuternea filesblk&Wylau Jkc 25 Adopted 1/ 1 R/95 and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space and other amenities to enhance the aesthetic quality of the Project Arca. The CDC shall not approve any plans that do not comply with this Plan except as permitted by Section 719 of this Plan. J. (721) Building Permits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the CDC, any restrictions or controls established by resolution of the CDC, and any applicable participation or other agreements. The CDC is authorized to establish permit procedures and approvals required for purposes of this Plan. A building permit shall be issued only after the applicant for same has been granted all approvals required by the City and the CDC at the time of application. SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT A. (801) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the CDC is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, CDC bonds, donations, loans from private financial institutions or any other legally available source. The CDC is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the CDC. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in -kind assistance. Any assistance shall be subject to terms established by an agreement between the CDC, City and/or other public agency providing such assistance. As available, gas tax funds from the State and sales tax funds from the County may be used for the street system. The CDC may issue bonds or other obligations and expend their proceeds to carry out this Plan. The CDC is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation e•.'dtcun'rtsand senlatilda.tis, cnwg.Ne,ynnary muenmt ldes'o1V.Ardpba&.c 26 Adopted 7/18/95 activities. The CDC shall pay the principal and interest on bonds or other obligations of the CDC as they become due and payable. B. (802) Tax Increment Revenue All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City or other public corporation (hereinafter called "Taxing Agency" or "Taxing Agencies") after the effective date of the ordinance, shall be divided as follows: 1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said Taxing Agencies upon the total sum of the assessed value of the taxable property in the Project Area as shown upon the assessment roll used in connection with the taxation of such property by such Taxing Agency, last equalized prior to the effective date of the Ordinance, shall be allocated to and when collected shall be paid to the respective Taxing Agencies as taxes by or for said Taxing Agencies on all other property are paid (for the purpose of allocating taxes levied by or for any Taxing Agency or Agencies which did not include the territory in the Project Area on the effective date of the Ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the Ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes each year in excess of such amount shall be allocated to, and when collected shall be paid into, a special fund of the CDC to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CDC to finance or refinance in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. Whcn said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and interest on any bonded indebtedness for c.:WICWI¢llt. and settings \itelavi,\I•wal seninEAter5forary YIIRtFI IJcab IAGcYdptutinr 2/ Adopted 7/18/95 313 the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. 4. This Plan applies to redevelopment projects adopted by the CDC from 1969 through 1985. As such, the last equalized assessment rolls used to calculate taxes to be allocated to the Agency pursuant to Section 802, paragraphs (1) and (2) herein, will be those in effect when the following ordinances creating these redevelopment project areas were adopted: • E.J. Christmanl Area adopted by Ordinance No. 1233 on November 18, 1969. • South Bay Town and Country Area adopted by Ordinance No. 1471 on June 24, 1975. • Center City Area adopted by Ordinance No. 1505 on April 13, 1976. • E.J. Christman2 Area adopted by Ordinance No. 1610 on December 13, 1977. • Downtown Original Area adopted by Ordinance No. 1762 on December 1, 1981 • Downtown 1985 Amendment Area adopted by Ordinance No. 1851 on April 16, 1985. The CDC is authorized to make pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the CDC pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the CDC to finance or refinance, in whole or in part, the redevelopment program for the Project Area. The number of dollars of taxes which may be divided and allocated to the CDC pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed $300 million, adjusted annually in accordance with the San Diego County Consumer Price Index for all urban consumers (CPI-U) or a comparable inflationary index should the CPI-U cease to exist, except by amendment of this Plan. With respect to the E.J. Christman1 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after November 18, 2019. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent c.Vocunemnmi senmptddaviAlucal seituy;sNienpnnuy mtcmet files Nulk6tVdt•LeLduc 28 Adopted 7/18/95 required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the South Bay Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to IIeath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after June 24, 2025. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the dcticits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Ilealth and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 13, 2026. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the E.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC. shall not pay c.NelKuncoas Y1d setangs,exlavlskhcsl XIIM(<llrIIcorby m,c,C, filcaluMcl,J I dot 29 Adopted 7/18/95 indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 13, 2027. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Ileath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 1, 2031. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety code Section 33333.6(a), (c), (g), and (h), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 16, 2035. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to eliminate project deficits created under subdivision (g) of Health and Safety Code Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. In addition, these limitations shall not affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Health and Safety Code Section 33401, authorized by the City Council, or the CDC pursuant to the Redevelopment Law, prior to January 1, 1994, or the right of the cAdnanrcaac mal vrtmpslddavu\kxal senuagAte,yvivy caemet filesNolk6e rdplan doc 30 Adopted 7/1 R/95 CDC to receive property taxes, pursuant to Health and Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation. With respect to the Added Arca, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33332(a), or as otherwise permitted by law, the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670 or receive property taxes pursuant to Ilealth and Safety Code Section 33670 after 45 years following approval of the ordinance adopting this Plan. These limitations shall not be applied to limit the allocation of taxes to the CDC to the extent required to implement a replacement housing program pursuant to Health and Safety Code Section 33413. With respect to the E.J. Christmanl Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the South Bay Town and Country Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Ilealth and Safety C:odc Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to he repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Center City Area, notwithstanding any other provision of this Plan, and except as provided in this Section and IIealth and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in c.sdoevnrtus and seumgs'4devn3.cal sctimgslrngoran armlet fiks`olk(nYdptan dsre 31 Adopted 7/18/95 whole or in part the Redevelopment Project shall he established or incurred after January 1, 2004. Such loan, advance or indebtedness may he repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the E.J. Christman2 Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Ilealth and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Downtown Original Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after January 1, 2004. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after January 1, 2004, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.6(a), (g), and (h), or as otherwise permitted by law, no loan, advance or indebtedness to he repaid from such allocations of taxes established or incurred by the cA rincurrcms sod scuungsdda.0 i.nal wimpVrnpxary iurmrt fJrsNnIk4Y.iplan doe 32 Adopted 7/18/95 CDC to finance in whole or in part the Redevelopment Project shall be established or incurred after April 16, 2005. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after April 16, 2005, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the data on which the indebtedness would have been paid. With respect to the Added Area, notwithstanding any other provision of this Plan, and except as provided in this Section and Health and Safety Code Section 33333.2(a), or as otherwise permitted by law, no loan, advance or indebtedness to be repaid from such allocations of taxes established or incurred by the CDC to finance in whole or in part activities authorized under this Plan shall be established or incurred after 20 years following approval of the ordinance adopting this Plan. Such loan, advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may he extended only by amendment of this Plan. This limit shall not prevent the CDC from incurring debt to be repaid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the CDC's housing obligations under Health and Safety Code Section 33413. In addition, this limit shall not prevent the CDC from refinancing, refunding, or restructuring indebtedness after 20 years following approval of the ordinance adopting this Plan, if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. C. (803) CDC Bonds The CDC is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the CDC nor any persons executing the bonds are liable personally on the ponds or other obligations by reason of their issuance. The bonds and other obligations of the CDC are not a debt of the City or the State; nor are any of its political subdivisions liable for them; nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the CDC; and such bonds and other obligations shall so state on their face. The bonds and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. e:Nocuments nal settmgsNdevi,LLx nl vttinglVengnrvy interact facbNult(e4Jplm.dec 33 Adopted 7/18/95 The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time shall not exceed $100.0 million, except by amendment to this Plan. D. (804) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the CDC may make loans as permitted by law to public or private entities for any of its redevelopment purposes. E. (805) Rehabilitation Loans, Grants, and Rebates The CDC and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self -financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The CDC and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. SECTION IX. (900) ACTIONS BY THE CITY The City shall aid and cooperate with the CDC in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights - of -way, and for other necessary modifications of the streets, the street layout, and other public rights -of -way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights -of -way as appropriate to can-y out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be borne by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly -owned parcels and utilities in the Project Area. 3. Performance of the above, and of all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the c:4kxm,rn,s and settogs4ALsvVocal senvtetVrsstr,sary uUrsoc, t,ka ulk6c4dpbadoc 34 Adopted 7/18/95 Project Area to be commenced and carried to completion without unnecessary delays. 4. Imposition, whenever necessary, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the CDC, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the CDC or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry onto property, power of termination, or injunctions. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION XI. (1100) DURATION OF THIS PLAN With respect to the E.J. Christman l Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on November 18, 2009. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the South Bay Town and Country Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on June 24, 2015. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. c:4L.x meets au! scttug441la.0 Vo..al senmg>Ucmporary iote,uct f lcs4tlkWrcipkvsdoc 35 Adopted 7/18/95 With respect to the Center City Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 13, 2016. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the E.J. Christman2 Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 13, 2017. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Downtown Original Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 1, 2021. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Downtown 1985 Amendment Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 16, 2025. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. With respect to the Added Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire 30 years following adoption of the ordinance approving this Plan. After this time limit, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. SECTION XII. (1200) PROCEDURE FOR AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. c.tdocaitnws and settings ddaviclNcal se ttmgsUe.t7totaty uaemet files»46esntrlan drc 36 Adopted 7/18/95 EXHIBIT "A'' .s•1'111111fd''l::. 1111111 :N,111y+•II: -J'1•t1:i111111.=_t .Il lii It. I l llb,: '11i11.1: :I.11:111 11•1111.::1. 1,1...-�, ---__ttII .II I:IIV111.111111111� .IIIIIIIIII'I.f1 111111i11pa1f== - III❑Il':1:111'- l •� �n :Illli 111111. IIIII111 luul _ .lr:•La..n1i�ileViumi: LNIu' • 1 I lilii.=l!li a :11111111 Aul _IIIII LII .� ;,,,.'rri.*ry#;��� �I.�■lit uu11 1171'11111 nll!I IIII •ina•UIIIII National City Redevelopment Project - Parcels Subject to the 2007 Amendment QProject Aica Boundary - 2007 Amendment Area j Municipal Boundary Source: National Gay Planning 1--i �y *SEW OF THE CINATIOpNAL CITY National City Redevelopment Project Area J EXHIBIT "B" LEGAL DESCRIPTION NATIONAL CITY REDEVELOPMENT PROJECT AREA EXISTING AREA AREA "A" The perimeter description of this Project, situated in the City of National City, County of San Diego, State of California, is as follows: All that portion of the incorporated territory of the City of National City, County of San Diego, State of California, described as follows: Beginning at the point of intersection of the centerlines of Division Street and Highland Avenue, being on the common boundary line between the City of National City and the City of San Diego; thence South 72' 14' 16" West along said centerline of Division Street 3035 feet more or less to the Sasterly line .of Interstate Highway Route 5; thence along' said Easterly line as follows: South 12° 50' 02" East 75.38 feet: thence South 50' 10' East 28.46 feet; thence Southerly along the arc of a 200 foot radius curve 65.72 feet; thence South 17° 45' 15" East 1706.82 feet; thence South 12' 02' 37" East 80.40 feet; thence South 17. 45' 15" East 290.36 feet; thence South 72° 14' 25" West 110.07 feet to a tangent 31 foot radius curve concave Easterly; thence Southerly along the arc of said curve 48.69 feet; thence South 17' 45' 15' East 36.78 feet; thence South 3° 59' 30" West 172.85 feet; thence South 17' 45' 15" East 61.98 feet; thence South 72° 14' 25" West 136.32 feet; thence South 16' 06' 59" West 96.36 feet; thence South 17° 45' 15" East 59.01 feet; thence South 18° 07' West 235.91 feet; thence Southerly along the arc of a 144 foot radius curve concave Easterly 159.60 feet; thence South 18' 08' 56" West 66.10 feet; thence South 5' 35' 40" Last 22.37 feet; thence South 18' 08' 56" hest 210.39 feet; thence North' 72° 14' 25" East 69.20 feet; thence South 17° 07' 17" West 294.76 feet; thence South 5' 17' West 58.63 feet; thence South 14' 51' 00" West 432.91 feet; thence South 41° 43' West 23.92 feet; thence Southerly along the arc of a 162 foot radius curve concave Southeasterly 144.17 feet; thence South 8° 15' West 55.65 feet; thence South 17' 45' 09" East 76.61 feet; thence South 54° 39' East 132.23 feet: thence South 72. 14' 25" West 208.44 feet; thence South 9' 15' West 191.03 feet; thence South 17° 45' 40" East 186.31 feet; thence South 0° 40' 00" East 119.07 feet; thence South 17. 45' 40" East 1050.81 feet; thence South 17° 44' 00" East 7440 feet more or less to the Southerly line of Quarter Section 160 of Rancho de la Nation on the common boundary line between the City of National City and the City of Chula Vista; thence along said boundary North 72' 08' 04" East 1940 feet more or less to the Easterly line of National City Boulevard, 100 feet wide; thence Northerly along said Easterly line 2306 feet to the Southerly line of Lot 1 of Quarter Section 151 of said Rancho de la Nacion Map No. 166; thence Easterly along said Southerly line 600 feet more or less to the Easterly line of the Westerly half of said Lot 1; thence Northerly along said Easterly line 330 feet to the Northerly line of said Quarter Section 151; thence Easterly along said Northerly line 660 feet to the North and South centerline of Quarter - Section 151; thence Southerly along said line 1317 feet'" to the Southwest corner of Lot 13; thence Easterly along said Southerly line 240 feet to the centerline of Sweet- water River; thence along said centerline Southwesterly 300 feet more or less to the Westerly line of Lot 12 of Quarter Section 151; thence Southerly along the Westerly line of Lots 12 and 11, a distance of 370 feet to the Northerly line of the Southerly 130 feet of said Lot 11; tnence Easterly along said Southerly line 1274 feet to the Westerly line of Highland Avenue; thence Northerly along said Westerly line 502 feet to the Westerly prolonga- tion of the Northerly line of Trousdale Drive; thence Easterly along said prolongation 100 feet to the Easterly line of said Highland Avenue; thence Northerly along said Easterly line 1342 feet to the Northerly line of Quarter Section 135 of Rancho de la Nacion; thence North 70' 42' 39" East along said Northerly line 1144.85 feet to an angle point on the Easterly line•of Parcel 2 of Parcel Map No. 1308; thence along said line North 43° 34' 25" East 17.09 feet; thence North 7' 25' 35" West 125 feet; thence North 1° 08' 35" West 66.84 feet; thence North 40° 08' 25" East 170.40 feet to the Easterly line of Lot 4 of Quarter Sec- tion 134 of said Rancho de la Nacion; thence North 19° 07' 45" West along said Easterly lire 419.48 feet to the Northerly line of 30th Street, Road Survey No. 1323; thence Easterly along said Northerly line to the westerly line of Edaemere Avenue, Road Survey No. 670; thence Southeasterly along said Westerly line to the Northerly line of State Highway Route 54; thence Easterly along said Northerly line to the Southwesterly corner of Sweetwater Town & Country Shopping Center Map No. 8432; thence along the boundary line thereof, North 82° 33' 20" East 243.83 2 feet; thence Easterly along the arc of a 1700 foot radius curve 391.13 feet; thence South 79' 21' 42" East 809.08 feet; thence South 81' 09' 17" East 223.73 feet; thence Easterly along the arc of a 225 foot radius curve 155.79 feet to a compound curve having a radius of 100 feet; thence Northerly along said curve 204.61 feet; thence North 58° 13' 38" West 176.15 feet; thence Northerly along the arc of a 350 foot radius curve 222.34 feet; thence North 22' 06' 31" West 282.67 feet; thence North 71' 15' 46" West 105.74 feet; thence North 69" 22' 14" West 209.66 feet; thence North 78' 34' 34" West 208.58 feet; thence Westerly along the arc of a 957 foot radius curve 350 feet more or less to a point on the boundary line of Course No. 6 of the City'of National City Ordinance No. 1019; thence along said boundary being along the Southerly pro- longation of the Easterly line of Lot 52 of Lincoln Acres Map No. 1740, North 29' 17' 30" West 150 feet to the North- easterly corner of said Lot 52; thence Northeasterly along the Southeasterly line of Grove Street as shown on said Map No. 1740, 215 feet; thence Northwesterly 185.26 feet to a point on the Easterly line of Lot 4 of said Map No. 1740; thence North 31° 54' West to the Northeast corner of•said Lot 4; thence South 71' 05' West 49.37 feet; thence South 58' 06' West along the Northerly lines of Lots 4 and 3 a distance of.101.80 feet to the Easterly line of Lot 20 of said Map No. 1740; thence North 52' 06' West along said line 106.44 feet to the North line of the South 100-'feet of Lots 20 and 21 of said Map No. 1740; thence along said line South 58' 06' West 230 feet to the West line of said Lot 20; thence North 18' 55' West along the West line of said Map No. 1740 a distance of 370 feet more or less to an angle point on the boundary line of the City of National City, Ordinance No. 1061; thence Easterly along the Southerly line thereof 50 feet to the Easterly line of Lincoln Court; thence Northerly along said Easterly line 48 feet to the South line of Lot 15 of said Map No. 1740; thence North 61° 12' 30" East 296.52 feet to the Southeast corner of said Lot 15; thence.North 28' 47' 30" West 142.40 feet along the West- erly line of Lots 11 and 12 to the Southerly line of the North 20 feet of said Lot 12; thence Norte 61° 12' 30" East 85 feet more or less along said Southerly line to an angle point on said boundary line of the City of National City last mentioned; thence Northerly along tne Easterly line thereof 92.16 feet to tne Southerly line of said Lincoln Court; thence North 72° 49' 00" East along said Southerly line 82.20 feat to the Southerly prolongation of the Westerly line of Lot 27 of said Map No. 1740; thence along said prolongation and along said line North 19° 03' 00' West 330 feet to the Northwesterly corner of said Lot 27; thence North 44° 14' East 111.90 feet to the Southwest corner of Lot 30 of said Map No. 1740; thence North 19' 03' 00" West 230 feet to the Northwest corner of Lot 31 of said Map No. 1740; thence South 81' 34' 00" East 162.79 feet to a point on the bounaary line of Rae Place as shown on said Map No.e1740; thence Northeasterly along the arc of a 40 foot radius curve 62.83 feet to the West- erly line of Lot 33 of said Map No. 1740; thence North 19° 03' 00" West 43 feet along said Westerly line to the Southerly line of Lot 4 of Las Palmas Park Villas, Map No. 9128; thence along said Southerly line North 73' 13' East 120 feet to an angle point thereon; tnence South 17' 53' 09" East 97 feet; thence North 73° 13' East 120 feet; thence South 17° 53' 09" East 2.82 felt; thence North 71° 57' 37' East 255 feet more or less to the East- erly line of Newell Street as shown on the Westerly line of Interstate Route 805; thence along said Westerly line of said Interstate Route 805 as follows: Northerly along the arc of a 330 foot radius curve 43.99 feet; tnence North 12° 07' 40" West 258.68 feet; thence Northerly along the arc of a 1030 foot radius curve 98.37 feet; thence North 17. 36' West 685.32 feet; thence Northerly along the arc of a 1030 foot radius curve 93.65 feet; thence North 22' 48' 34" Wes 263.55 feet; thence Northerly along the arc of a 970 foot radius curve 88.19 feet; thence North 17. 36' West 809.97 feet; thence North 10° 47' 26" East 42.23 feet; thence North 17. 41' 02" West 200.33 feet; thence North 25' 18' 33" West 474.78 feet; thence ;aorta 45' 50' 36" West 67.83 feet; thence North 17' 43' 57" West 125.00 feet; thence North 31° 33' 50" West 688.61 feet; thence South 78' 59' 11" West 26.20 feet; thence North 45. 54' u2" West 17.68 feet; thence South 78° 59' 11" West 96.00 feet; thence North 15° 23' 31" West 30.29 feet; thence North 43° 19' 20" West 105.88 feet; thence North 17',44' 49" West 20 feet; thence North 56° 59' 46' East 106.76 feet; thence North 23° 34' 11" West 190.01 feet; thence North 3° 36' 49" West 14'4.30 feet; thence North 17' 53' 05" West 540.09 feet; thence North 27° 06' 55" East 35.36 feat; thence North 17' 53' 05" West 308.70 feet; thence North 25° 49' 53" West 180.84 feet; thence North 17. 53' 05" West 200 feet; thence North 21' 47' 45" West 250.59 feet; thence North 28° 01' 52" West 99.44 feet; thence South 61° 58' 08" West 42.24 feet; thence North 17' 52' 10" West 236.99 feet; thence North 57' 37' 09" West 172.52 feet; thence North 39' 07' 16" West 452.83 feet; thence South 72° 13' 30" West 6.64 feet; thence North 17' 46' 30" West 89.72 feet; thence North 46° 21' 02" West 113.63 feet; thence South 72° 00' 25" West 50.35 feet; thence North 40: 42' 58" West 283.16 feet; thence North 55' 54' 39" West 457.20 feet; thence North 50. 24' 12" West 661.84 feet; thence Northerly along the arc of a 30 foot radius curve 64.23 feet; thence North 59' 31' 47" West 107.30 feet; thence Northerly along the arc of a 30 foot radius curve 33.50 feet; thence North 43° 45' 17" West 244.18 feet; thence Northerly along the arc of a 599 foot radius curve 114.56 feet; thence North 74° 26' 28' West 222.29 feet; thence North 28" 30' 14" West 28.97 feet; thence North 48° 01' 12" West 188.16 feet to the common boundary line of the City of San Diego and the City of National City; thence along said line South'- 0' 45' 45" West 50.99 feet to an angle point thereon; thence South 89' 58' West along said line 637.21 feet to the West line of Lot 70 feet Horton's Purchase Mao No. 283; thence North 0' 01' 30' East along the test line thereof 218 feet to the centerline of Delta Street; thence along said centerline South 89' 55' 25" West 1335.78 feet to the centerline of Highland Avenue; thence Southerly along said centerline being along said common boundary 1500 feet more or less to the point of beginning. The land area contained within the Project Boundary is approximately 2,080 acres. 4 LEGAL DESCRIPTION NATIONAL CITY REDEVELOPMENT PROJECT AREA ADDED AREA AREA "B" Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at the intersection of the Southerly Right-of-way of 8th Street and the Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East 100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25" West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South 17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet; thence South 49 °07'00" West 25.00 feet; thence leaving said Westerly Right-of-way South 06°41'56" East 233.22 feet to an angle point in said Westerly Right-of-way; thence continuing along said Westerly Right-of-way the following courses: South 17°45'40" East 604.39 feet; thence South 26930'24" East 52.61 feet; thence South 17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet; thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence South 31°19'37" East 268.23 feet; thence South 30°11'05" West 66.08 feet; thence South 27°10'57" East 34.34 feet; thence leaving said Westerly Right-of-way along the boundary of Record of Survey 11749, South 72°16'11" West 307.21 feet; thence South 17°43'49" East 164.89 feet; thence South 72° 16' 11 " West 316.34 feet to the beginning of a non - tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the Easterly Right-of-way of the San Diego and Arizona Eastern Railroad as shown on said Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58 feet; thence South 10°54'26" East 504;27 feet to the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot radius curve concave Northeasterly, to which a radial line bears South 72°42'48" West; thence Southeasterly along the arc of said curve through a central angle of 34°14'07" a distance of 718.88 feet; thence South 51 °31' 18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to which a radial line bears North 38°57'27" East; thence Southeasterly along the arc of said curve through a central angle of 33°18'19" a distance of 348.01 feet; thence South 17°44'14" East 71 .01 feet; thence South 17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary; thence leaving said Easterly railroad Right-of-way Southwesterly along said City boundary as shown on Miscellaneous Map 564 South 72°15'22" West 1629.76 feet to the intersection of the Southerly prolo:rgation of the Easterly Right-of-way of Tidelands Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Southerly Right-of-way of 32nd Street; thence North 23°03'04" West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of- way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right- of-way line of said 24th Street said point being also on the Easterly Right-of-way of said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands Avenue North 15°00'40" West 15.02 feet, said point being a prolongation of the Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of Tidelands Avenue South 72°14'20" West along said prolongation and Northerly Right- of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of- way of 24th Street; thence continuing along said Northerly Right-of-way of 24th Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of- way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and a prolongation thereof South 72°14'20" West 715.55 feet to a point on the U.S. Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21 feet to a point on the boundary of the San Diego Unified Port District lands; thence along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West 1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East 365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 147.09 feet to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence along said Westerly Right-of-way North 05°48'13" East 67.47 feet to the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 02°29'39" an arc distance of 247.24 feet to an intersection with the centerline of 12th Street (now closed); thence leaving the said Westerly Railroad Right-of-way along said centerline North 72°14'20" East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of- way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of McKinley Avenue (now closed); thence along said centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th Street (now closed); thence along said Northerly Right-of-way North 72°14'20" East 290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street; thence along said Southerly Right-of-way North 72° 14'25" East 466.14 a feet to the Point of Beginning. Containing 317 acres more or Tess. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. Cam, Chris D. Ciremele L.S. 5267 1-24-94 J-12174 1-0 EXHIBIT A LEGAL DESCRIPTION BOUNDARY OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at the intersection of the Southerly Right-of-way of 8th Street and the Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East 100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25" West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South 17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet; thence South 49°07'00" West 25.00 feet; thence leaving said Westerly Right-of-way South 06°41'56" East 233.22 feet to an angle point in said Westerly Right-of-way; thence continuing along said Westerly Right-of-way the following courses: South 17°45'40" East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South 17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet; thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence South 31°19'37" East 268.23 feet; thence South 30°11'05" West 66.08 feet; thence South 27°10'57" East 34.34 feet; thence leaving said Westerly Right-of-way along the boundary of Record of Survey 11749, South 72°16'11" West 307.21 feet; thence South 17°43'49" East 164.89 feet; thence South 72°16'11" West 316.34 feet to the beginning of a non - tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the Easterly Right-of-way of the San Diego and Arizona Eastern Railroad as shown on said Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58 feet; thence South 10°54'2B" East 504.27 feet to the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot radius curve concave Northeasterly, to which a radial line bears South 72°42'48" West; thence Southeasterly along the arc of said curve through a central angle of 34°14'07" a distance of 718.88 feet; thence South 51 °31'18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to which a radial line bears North 38°57'27" East; thence Southeasterly along the arc of said curve through a central angle of 33°18'19" a distance of 348.01 feet; thence South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary; thence leaving said Easterly railroad Right-of-way Southwesterly along said City boundary as shown on Miscellaneous Map yl� 564 South .72°15'22" West 1629.76 feet to the intersection of the Southerly prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Southerly Right-of-way of 32nd Street; thence North 23°03'04" West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of- way of 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right- of-way line of said 24th Street said point being also on the Easterly Right-of-way of said Tidelands Avenue; thence along the Easterly Right-of-way line of said Tidelands Avenue North 15°00'40" West 15.02 feet, said point being a prolongation of the Right-of-way of said 24th Street; thence leaving said Easterly Right-of-way of Tidelands Avenue South 72 ° 14'20" West along said prolongation and Northerly Right- of-way of said 24th Street 360.37 feet to an angle point in said Northerly Right-of- way of 24th Street; thence continuing along said Northerly Right-of-way of 24th _ Street South 17°45'40" East 15.00 feet to an angle point in said Northerly Right-of- way of 24th Street; thence along said Northerly Right-of-way of said 24th Street and a prolongation thereof South 72°14'20" West 715.55 feet to a point on the U.S. Bulkhead Line; thence along said U.S. Bulkhead Line North 06°35'32" West 314.21 feet to a point on the boundary of the San Diego Unified Port District lands; thence along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West 1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands along said Westerly Right-of-way line of Tidelands Avenue North 10°03'44" East 365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 147.09 feet to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence along said Westerly Right-of-way North 05 °48' 13" East 67.47 feet to the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 02°29'39" an arc distance of 247.24 feet to an intersection with the centerline of 12th Street (now closed); thence leaving the said Westerly Railroad Right-of-way along said centerline North 72° 14'20" East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of- way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of McKinley Avenue (now closed); thence along said centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th Street (now closed); thence along said Northerly Right-of-way North 72°14'20" East 290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly Right-of-way North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street; thence along said Southerly Right-of-way North 72°14'25" East 466.14 feet to the Point of Beginning. Containing 542 acres more or less. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. Chris D. Ciremele L.S. 5267 1-24-94 J-12174 EXHIBIT A LEGAL DESCRIPTION SUBAREA 1 OF HARBOR pISTRICT PRELIMINARY REDEVELOPMENT PLAN These properties located in the City of National City, County of San Diego, State of California, described as•follows: Beginning at Point "A", as described in Subarea 3 of Harbor District Preliminary Redevelopment Plan; thence South 17°45'40" East 80.00 feet; thence South 88°45'34" East 182.30 feet; thence South 79°41'54" East 120.04 feet; thence South 31°19'37" East 268.23 feet; thence South 30°11'05" West 66.08 feet; thence South 27°10'57" East 34.34 feet; thence leaving said Westerly Right-of-way along the boundary of Record of Survey 11749 on file in the office of the County Recorder of San Diego County, South 72° 16' 1 1 " West 307.21 feet; thence South 17°43'49" East 164.89 feet; thence South 72° 16' 1 1 " West 316.34 feet to the beginning of a non -tangent 1652.28 foot radius curve concave Southwesterly, to which a radial line bears North 76°38'43" East; thence Southeasterly along the arc of said curve and the Easterly Right-of-way of the San diego and Arizona Eastern Railroad as shown on said Record of Survey 11749 through a central angle of 02°26'51" a distance of 70.58 feet; thence South 10°54'26" East 504.27 feet to the beginning of a tangent 1213.11 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 06°22'46" a distance of 135.07 feet; thence North 72°42'48" East 10.00 feet to the beginning of a non -tangent 1203.11 foot radius curve concave Northeasterly, to which a radial line bears South 72°42'48" West; thence Southeasterly along the arc of said curve through a central angle of 34°14'07" a distance of 718.88 feet; thence South 51 °31'18" East 233.81 feet to the beginning of a non -tangent 598.69 foot radius curve concave Southwesterly, to which a radial line bears North 38°57'27" East; thence Southeasterly along the arc of said curve through a central angle of 33 ° 18' 19" a distance of 348.01 feet; thence South 17°44'14" East 71.01 feet; thence South 17°42'10" East 971.98 feet to the City of National City/Chula Vista City boundary; thence leaving said easterly railroad Right-of-way Southwesterly along said City boundaries shown on Miscellaneous Map 564 South 72°15'22" West 1629.76 feet to the intersection of the prolongation of the Easterly Right-of-way of Tidelands Avenue; thence along said prolongation and the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 1031.20 feet to the intersection of the Easterly Right- of-way of Tidelands Avenue and the Souhherly Right-of-way of 32nd Street; thence North 23°03'04" West 108.46 feet to the intersection of the Easterly Right-of-way of Tidelands Avenue and the Northerly Right-of-way of 32nd Street; thence along the Easterly Right-of-way of Tidelands Avenue North 17°45'40" West 2430.00 feet to the Southerly Right-of-way of said 24th Street; thence North 17°07'00" West 80.00 feet to the Northerly Right-of-way line of said 24th Street; thence along said Northerly Right-of-way North 72°14'20" East 1600.52 feet to the POINT OF BEGINNING. Containing 126 acres more or Tess. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) feet to the Northerly Right-of-way line of said 24th Street; thence along said Northerly Right-of-way North 72°14'20" East 1600.52 feet to the POINT OF BEGINNING. Containing 126 acres more or Tess. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company Cvimi J (4.,Qk Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) EXHIBIT A LEGAL DESCRIPTION SUBAREA 2 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at Point "A", as described in Subarea 3 of Harbor District Preliminary Redevelopment Plan; thence Westerly along the Northerly Right-of-way of 24th Street South 72°14'20" West 389.83 feet to a point on the Westerly Right-of-way of Harrison Avenue, said point being the TRUE POINT OF BEGINNING; thence continuing along the Northerly Right-of-way of said 24th Street South 72°14'20" West 1210.69 feet to the Easterly Right-of-way of Tidelands Avenue; thence Northerly along the Easterly Right-of-way of said Tidelands Avenue North 15 °00'40" West 15.02 feet; thence leaving said Right-of-way along the Northerly Right-of-way of 24th Street South 72°14'20" West 360.37 feet to an angle point in said Northerly Right-of-way of 24th Street; thence continuing along said Right-of-way South 17°45'40" East 15.00 feet; thence South 72°14'20" West 715.55 feet to the U.S. Bulkhead line as shown on Miscellaneous Map 564; thence along said line North 06°35'32" West 314.21 feet to a point on the boundary of the San Diego Unified Port District lands; thence along said boundary North 83°24'28" East 107.43 feet; thence North 06°35'32" West 160.57 feet to the beginning of a tangent 564.18 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 74°24'15" a distance of 732.64 feet; thence North 06°35'32" West 1037.74 feet; thence North 83°24'28" East 269.08 feet; thence North 06°35'32" West 1587.95 feet; thence North 83°24'28" East 583.96 feet to a point on the Westerly Right-of-way line of Tidelands Avenue; thence leaving said Port District lands along said Westerly Right-of-way Tine of Tidelands Avenue North 10°03'44" East 365.20 feet to the Northerly Right-of-way line of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 102.64 feet to the centerline of Harrison Avenue; thence Southerly along said centerline South 17°45'40" East 3301.70 feet to the Northerly Right-of-way line of 23rd Street; thence along said Northerly Right-of-way line of 23rd Street South 72°14'20" West 40.00 feet to the Westerly Right-of-way of Harrison Avenue; thence along said Westerly Right-of-way South 17°45'40" East 330.20 feet to the TRUE POINT OF BEGINNING. Containing 113 acres more or less. The above description was compiled or calculated from existing available record information and not a field survey by Rick En • ineering Company. Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) EXHIBIT A LEGAL DESCRIPTION SUBAREA 3 OF HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN Those properties located in the City of National City, County of San Diego, State of California, described as follows: Beginning at the intersection of the Southerly Right-of-way of 8th Street and the Westerly Right-of-way of Interstate 5; thence along said Westerly Right-of-way the following courses: South 17°45'09" East 150.03 feet; thence South 12°04'00" East 100.63 feet; thence South 08°26'44" East 284.00 feet; thence South 13°50'25" West 152.72 feet; thence South 16°06'34" West 332.55 feet; thence South 17°45'40" East 186.36 feet; thence South 08°23'31" West 499.35 feet; thence South 15°38'16" West 108.99 feet; thence South 20°20'00" West 89.72 feet; thence South 49 °07'00" West 25.00 feet; thence leaving said Westerly Right-of-way South 06°41'56" East 233.21 feet to an angle point in said Westerly Right-of-way; thence continuing along said Westerly Right-of-way the following courses: South 17°45'40" East 604.39 feet; thence South 26°30'24" East 52.61 feet; thence South 17°45'40" East 2245.01 feet; thence South 02°39'23" East 333.59 feet; thence South 52°52'19" West 24.46 feet; thence South 72°14'00" West 260.17 feet to a point on the Northerly Right-of-way of 24th Street, said point herein after referred to as Point "A"; thence along said Northerly Right-of-way of said 24th Street South 72°14'20" West 389.83 feet to a point on the Westerly Right-of-way of Harrison Avenue; thence along said Westerly Right-of-way of Harrison Avenue North 17°45'40" West 330.20 feet; thence leaving said Westerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of said Harrison Avenue; thence along the centerline of said Harrison Avenue North 17°45'40" West 3301.70 feet to the Northerly Right-of-way of Civic Center Drive (formerly 13th Street); thence along said Northerly Right-of-way North 72°14'20" East 44.45 feet to a point on the Westerly Right-of-way of the Atchison Topeka and Santa Fe Railroad; thence along said Westerly Right-of-way North 05 °48'13" East 67.47 feet to the beginning of a tangent 5679.65 foot radius curve concave Westerly; thence Northerly along said curve through a central angle of 02°29'39" an arc distance of 247.24 feet to an intersection with the centerline of 12th Street (now closed); thence leaving said Westerly Railroad Right-of-way along said centerline North 72°14'20" East 474.70 feet to the Westerly Right-of-way of McKinley Avenue; thence along said Westerly Right-of-way North 17°45'40" West 40.00 feet to the Northerly Right-of-way of 12th Street; thence along said Northerly Right-of-way North 72°14'20" East 40.00 feet to the centerline of McKinley Avenue (now closed); thence along said centerline North 17°45'40" West 330.37 feet to the Northerly Right-of-way of 11th Street (now closed); thence along said Northerly Right-of-way North 72°14'20" East 290.25 feet to the Westerly Right-of-way of Taft Avenue; thence along said Westerly Right-of-way 55 North 17°45'07" West 910.30 feet to the Southerly Right-of-way of 8th Street; thence along said Southerly Right-of-way North 72° 14'25" East 466.14 feet to the POINT OF BEGINNING. Containing 78 acres more or less. The above description was compiled or calculated from existing available record information and not a field survey by Rick Engineering Company. ChJl . C(,47 1 Chris D. Ciremele 1-24-94 L.S. 5267 (Job No. 12174) 1471.11 ),/,•• ft, NI Ix... 're M.. Iltit Sr Id • SU. al in& ,a XT. )16.44 'VS.,' c.a. ...I MIN BOUNDARY PLAT FOR NATIONAL CITY HARBOR DISTRICT PRELIMINARY REDEVELOPMENT PLAN • •4.4 ,.82 EXHIBIT C PUBLIC FACILITIES ANI) INFRASTRUCTURE IMPROVEMENTS PROJECTS Project Description: Public Facilities/Infrastructure Improvement project to be constructed/implemented during the life of the Redevelopment Plan shall include but not be limited to: I STREET IMPROVEMENTS: Street improvements, including but not limited to street construction, median construction, drainage improvements, landscaping and street furniture throughout the Project Area and the construction of additional streets to improve circulation. 1I TRAFFIC SIGNAL, TRAFFIC CALMING, PARKING & LIGIITiNG IMPROVEMENTS: '1'o facilitate improved circulation flow and reduce traffic congestion for motorists, pedestrians and bicyclists. III PARK AND RECREATION IMPROVEMENTS, LIBRARY AND ARTS FACILITIES: To provide safe, attractive, and well -maintained park and recreation facilities for the public by rehabilitating and/or installing improvements and amenities at parks, recreation and open space locations throughout the Project Area. iV CAPITAL FACILITY IMPROVEMENTS: To develop and rehabilitate community facilities to meet the needs of the City's residents. V ECONOMIC DEVELOPMENT: Public facility and infrastructure improvements within the Project Area to facilitate a more robust economic environment and to increase commerce. VI HOUSING PROGRAMS: To preserve, rehabilitate, increase and improve the community's supply of housing affordable to very low, low and moderate income households and to increase opportunities for home ownership throughout the Project Area. Vll PUBLIC SAFETY ANI) SECURITY: To provide physical and technological enhancements to enhance public safety and protection. Examples of such improvements may include but arc not limited to fencing of properties, the rehabilitation or construction of police storefronts, physical and technological improvements at Police Station(s) and Fire Stations within the Project Area. h `.uic rcdnsbpnrni concsp M n • ✓cdevetep ch: mirn.frnenrvLplar.Nandnfi d:c Adopted-,�_'07 EXHIBIT D LOCATION OF REAL PROPERTY PO'I'ENTIALI,Y SUBJECT TO ACQUISITION BY EMINENT DOMAIN Pursuant to Section 603 of this Plan, the CDC may acquire the following properties through the use of eminent domain: Existing Area (as defined in Section 300 of this Plan) • All parcels located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately west and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. Added Area (as defined in Section 300 of this Plan) All property in the Added Area, excepting the San Diego Unified Port District property. IN EXISTING AND ADDED AREAS, SINGLE-FAMILY AND MULTI -FAMILY RESIDENTIAL PROPER I"IhS ARE SPECIFICALLY EXCLUDED FROM THE USE OF EMINENT DOMAIN. unicitykxnn CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION 140 E 12th St, Ste B, National City, CA 91950 Draft Report to the City Council 2007 AMENDMENT NATIONAL CITY REDEVELOPMENT PLAN INTELLIGENT COMMUNITY DEVELOPMENT June 2007 ATTACHMENT "B" ROSENOW SPEVACEK GROUP INC. 309 WFSI 4IH ti1H1-FI SANTA I NA. CALIFORNIA 92701-4502 T 714 541 4585 F 714 541 1175 E INFO'dWFRRSG.COM WEBRSG.COM REPORT TO COUNCIL COMMUNITY DEVCI OPMCNI COMMISSION City of National City TABLE OF CONTENTS i. Introduction Plan Amendment 1 A. Reasons for the Proposed Amendment and Description of Specific. Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area Introduction 4 B. Description of the Physical and Economic Conditions Existing in the Project Area Physical Blighting Conditions 6 Economic Blighting Conditions 6 Study Approach and Methodology 7 Economic Conditions that Cause Blight 11 Parcels Needed for Effective Redevelopment 24 Physical and Economic -Burden on Community 24 C. Five -Year Implementation Plan 26 D. Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment 27 E. Method of Financing 28 F. Method of Relocation 29 G. Analysis of the Preliminary Plan 30 H. Report and Recommendations of the Planning Commission 30 1. Report of the Project Area Committee 30 4. General Plan Conformance 31 K. Environmental Documentation 31 L. Report of the County Fiscal Officer 31 M. Neighborhood Impact Report 32 N. Summary of Agency Consultation with Affected Taxing Agencies 32 Attachment 1 — Project Area Map With Current Eminent Domain 33 Attachment 2 — Negative Declaration 34 I \Common )raft 7(07 IZ7 C 6-7•07_doc INTRODUCTION I PLAN AMENDMENT RSG The Community Development Commission of the City of National City ("CDC") is processing an amendment ("2007 Amendment") to the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"). As proposed, the amendment will extend the Commission's existing authority to acquire property, as a last resort, through eminent domain to vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which are currently subject to eminent domain authority within the National City Redevelopment Project Area ("Project Area"). The current exemption for single family residences would be expanded so that all housing uses, whether single-family or multi -family, are specifically excluded from the use of eminent domain. The CDC currently has the authority to acquire property through eminent domain until July 18, 2007 in the following areas: • Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • Properties located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • Properties located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • Properties west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. This amendment will extend the CDC's authority to acquire property through eminent domain within these areas until 2019. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. The 2007 Amendment will change the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses. The 2007 amendment will also revise Exhibit C — "Public Facilities/Infrastructure Improvement Projects". Revisions to Exhibit C include expanding the descriptions of the project objectives of the existing projects listed in Exhibit C, eliminating the list of streets identified under the Street improvements project and adding a project entitled Public Page 1 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Safety and Security which as described, provides physical and technological enhancements to enhance public safety and protection. Examples of such improvements may include but are not limited to fencing of properties, the rehabilitation or construction of police storefronts, physical and technological improvements at Police Station(s) and Fire Stations within the Project Area. No other changes to the Redevelopment Plan for the Project Area are included in this amendment. This document is the CDC's Report to the City Council ("Report") for the proposed 2007 Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"). Pursuant to Section 33352 of the Law, the Report provides information, documentation and evidence to assist the City Council of National City with their consideration of the 2007 Amendment and in making the various determinations in connection with its adoption. This Report supplements the documentation and evidence contained in previous Reports to the City Council ("Original Reports"), prepared in connection with the original Redevelopment Plan and subsequent amendments; the Original Reports are incorporated herein by reference. Section 33457.1 of the Law dictates the required components of this Report. More specifically, Section 33457.1 states that the information required by Section 33352 is the only information warranted by the 2007 Amendment. Much of the information normally required that pertains to adopting a redevelopment plan was previously documented and presented in the Original Reports. Contents of this Report The contents of this Report are presented in fourteen (14) sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: A. Reasons for the Proposed Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area B. Description of the Physical and Economic Conditions Existing in the Project Area C. Five -Year Implementation Plan D. Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment E. Method of Financing F. Relocation Plan G. Analysis of the Preliminary Plan RSG Page 2 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City H. Report and Recommendations of the Planning Commission I. Report of the Project Area Committee J. General Plan Conformance K. Environmental Documentation L. Report of the County Fiscal Officer M. Neighborhood Impact Report N. Summary of Agency Consultation with Affected Taxing Agencies RSG Page 3 SECTION A Reasons for the Amendment and Description of Specific Projects Proposed and How these Projects will Improve or Alleviate Blighting Conditions Found in the Project Area The CDC seeks to amend the Redevelopment Plan and extend the CDC's eminent domain authority (subject to all required procedures under California law) within the area identified as the 2007 Amendment Area as illustrated in Attachment 1. Specifically excluded from eminent domain are properties that are used for residential purposes. The CDC's authority to use eminent domain to acquire property shall run for 12 years from the effective date of the 2007 Amendment to the Redevelopment Plan. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. The 2007 Amendment will also change the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses, as well as revising Exhibit C — "Public Facilities/Infrastructure Improvement Projects". The 2007 Amendment does not amend, modify, change or affect in any way modify the Project Area boundaries. The CDC is undertaking the 2007 Amendment in order to expand its ability to assemble sites, thereby facilitating commercial, industrial and residential redevelopment projects in the Project Area. The CDC adopted the 1995 Redevelopment Plan authorizing the current limited eminent domain authority. The 1995 Report to the City Council ("1995 Report") cited socioeconomic conditions such as low median household income, high unemployment, high proportion of residential tenants versus home owners and low residential rents as blighting factors. The 1995 Report also discussed the mixture of land uses many of which are incompatible and/or obsolete as well as small parcel sizes and limited public infrastructure as additional blighting conditions. To facilitate the elimination of the above blighting conditions the CDC has initiated public right-of-way improvements, specific plans for development and environmental remediation of toxic sites over the last 12 years. Unfortunately, these efforts alone have not been successful in the elimination of blight from the Project Area. The CDC's overall efforts have been limited, due to the inability to negotiate land purchase transactions with private property owners. While the CDC has pursued land acquisition and consolidation through open market transactions and limited eminent domain actions, the lack of eminent domain in many commercial and industrial corridors has constrained redevelopment efforts. Because the CDC cannot forcefully encourage property owners to either redevelop or sell abandoned and dilapidated properties, many of these properties continue to be neglected 12 years later. RSG Page 4 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Adopting the 2007 Amendment will extend the Redevelopment Plan's eminent domain authority and afford the CDC one additional tool to eliminate blight in the Project Area, through the facilitation of land assemblage activities or the purchase of dilapidated properties within the areas identified in Attachment 1. RSG Page 5 SECTION B Description of the Physical and Economic Conditions Existing in the Project Area This section summarizes the existing physical and economic conditions within the 2007 Amendment Area. PHYSICAL BLIGIITING CONDITIONS Section 33031(a) of the Law describes physical conditions that cause blight as follows: 1. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by: a. Serious building code violations, b. Serious dilapidation and deterioration caused by long-term neglect, c. Construction that is vulnerable to serious damage from seismic or geologic standards, d. Buildings suffering from faulty or inadequate water or sewer utilities. 2. Conditions that prevent or substantially hinder the viable use or capacity of buildings or Tots. These conditions may be caused by: a. Buildings of substandard, defective, or obsolete design given present general plan, zoning, and other development standards. 3. Adjacent or nearby incompatible land uses that prevent the development of those parcels or other portions of redevelopment project areas. 4. The existence of subdivided lots that are in multiple ownership and whose physical development has been impaired by their irregular shapes and inadequate sizes, given present general plan and zoning standards and present market conditions. ECONOMIC BLIGHTING CONDITIONS Section 33031(b) of the Law describes the following economic conditions that cause blight: 1. Depreciated or stagnant property values. 2. Impaired property values due to significance in the presence of hazardous waste where the agency may be eligible to use its authority as specified in Article 12.5. 3. Abnormally high business vacancies, abnormally low lease rates, or an abnormally high number of abandoned buildings. RSG Page 6 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City 4. A serious lack of necessary commercial facilities such as those normally found in neighborhoods including grocery stores, drug stores, and banks and other lending institutions. 5. Serious residential overcrowding that has resulted in significant public health or safety problems. As used in this paragraph, `overcrowding' means exceeding the standard referenced in Article 5 (commencing with Section 32) of Chapter 1 of Title 25 of the California Code of Regulations. 6. An excess of bars, liquor stores, or adult -oriented businesses that has resulted in significant public health, safety, or welfare problems. 7. A high crime rate that constitutes a serious threat to the public safety and welfare. STUDY APPROACH AND METHODOLOGY Several data sources were utilized to quantify existing conditions of the properties within the 2007 Amendment Area. An important data source was a field survey conducted by Rosenow Spevacek Group, Inc. ("RSG"), consultants to the CDC, in April of 2007. The survey encompassed those areas of the Project Area currently subject to eminent domain. Existing physical and economic conditions of each parcel, as observed from the public right-of-way, were documented. The observed physical and economic blighting conditions included deterioration and dilapidation, structural obsolescence, incompatible adjacent land uses, defective/substandard design and inadequate parcel size. Photographs illustrating the observed blighting conditions are included as Attachment 2 to this Report. The analysis and assessment of the blighting conditions found within the 2007 Amendment Area, is based upon the following sources: 1. The April 2007 field survey by RSG. 2. Commercial and industrial lease rates and vacancy rates from Grubb and Ellis, CB Richard Ellis, Inc. and CoStar Commercial Real Estate. 3. Information and data from the City of National City's General Plan. 4. Information from the City of National City Code Violation Department. 5. Information from the National City Fire Department 6. Information from the National City Police Department While RSG believes all information sources to be reliable, it is not responsible for the accuracy of data provided by such sources. The survey and supplementary research included analyzing the 2007 Amendment Area to determine the conditions of blight present. The primary blighting conditions observed during the survey were dilapidation and deterioration of buildings and buildings with RSG Page 7 REPORT TO COUNCIL COMMUNITY DEVELO('MENr COMMISSION City of National City substandard or defective design. A summary of these blighting conditions is presented in Table B-1. Physical Blighting Conditions in 2007 Amendment Area Exhibit B-1 National City Community Development Commission Physical Blighting Condition No. of % of 2007 Occurrences Amendment Area Detrioration and Dilapidation Substandard or Defective Design 493 71.24% 386 55.78% Note: Some parcels have one or more blighting conditions. Source: RSG Field Survey Buildings Unsafe/Unhealthy to Live or Work In Section 33031(a)(1) of the Law describes physical conditions that cause blight to include "Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by serious building code violations, serious dilapidation and deterioration caused by long-term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities." The following discussion substantiates the presence of serious dilapidation and deterioration caused by long-term neglect in the 2007 Amendment Area. Serious Dilapidation and Deterioration Structures were determined to be dilapidated or deteriorated if they were suffering from deteriorating roofing or eaves; peeling paint; damaged exterior building material; exposed wiring or plumbing; and/or if the buildings were constructed with substandard building materials. Of the 692 parcels identified as being blighted, there were 493 occurrences of dilapidation and deterioration in the 2007 Amendment Area (71.2°A)). PSG Page 8 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 1: This photo depicts a building along Civic Center Drive showing signs of a rusting metal roof indicating lack of weather proofing materials. Photo 2: Damaged exterior building material on a building along Civic Center Drive. Photo 3: Along Cleveland Avenue this photo depicts a building showing signs of a rusting metal roof indicating lack of weather proofing materials. The property also has broken windows and damaged exterior building materials. RSG Page 9 REPORT TO COUNCIL COMMUNITY DFVEI OPMENT COMMISSION City of National City Photo 4: Along Civic Center Drive this building has damaged or deteriorating roof eaves and damaged exterior building materials. Physical Factors that Prevent or Substantially Hinder the Economically Viable Use of Buildings or Lots Section 33031(a)(2) of the Law describes physical conditions that cause blight to include "Factors that prevent or substantially hinder the economically viable use or capacity of buildings or Tots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors." The following discussion substantiates the presence of inadequate lot and building size, lack of parking, substandard design and obsolescence. Substandard or Defective Design There were several examples of substandard building materials observed in the properties affected by the 2007 Amendment. Corrugated metal sheeting is a primary example and is not a permitted building material according to the City code. The corrugated metal readily deteriorates from the weather and becomes more structurally unsound as it warps from the elements. Canvas and plastic tarps are also prevalent and are not permitted to be used as building materials by the City. The results of the field survey indicate approximately 429 incidences of substandard or defective designs were present in the 2007 Amendment Area. The industrial parcels affected by the 2007 Amendment represent the older style of development, offering limited or no amenities. Modem industrial buildings often use concrete tilt -up walls that can withstand the physical demands associated with industrial uses. The Project Area has multiple examples of wood -frame residential structures converted to industrial use. Residential wood -frame buildings are not designed to withstand industrial use requirements that may include production equipment or storage mounted to the walls as well as the high level of wear and tear associated with these non-residential activities. These activities cause the wood -frame structure to become dilapidated and wear down prematurely from the high -demands of industrial as well as commercial usage. Other inadequacies of older structures built for other uses include insufficient electrical supply, storage, and indoor manufacturing areas. RSG Page 10 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 5: Substandard building materials and obsolete design of an abandoned building located on Cleveland Avenue. Photo 6: Substandard building materials and obsolete design of a vacated building located along Harrison Avenue. Photo 7: This photo depicts structures on a property along Civic Center Drive constructed with substandard building material. The structures also show signs of deterioration and dilapidation. RSG Page 11 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION Gaty of National City Structural Obsolescence While inadequate loading, parking and storage are characteristics of small lot size, these deficiencies are also indicative of properties 25 years or older. The deficiencies associated with many older properties are often referred to as obsolescence. Obsolescence is the result of a combination of blight factors, including the age of buildings, lack of maintenance, and a lack of desirable amenities such as parking and tenant improvements that occur as contemporary market standards evolve. For these reasons, obsolescence results in factors that substantially hinder the economically viable use of buildings and lots. Commercial and industrial development standards have changed significantly since the 1965 when over 40% of the commercial and industrial properties in the Project Area were developed. Modern industrial developments offer larger floor and lot sizes along with amenities such as landscaping, on -site parking and adequate loading areas for larger delivery vehicles. Commercial and industrial uses without adequate area often negatively affect surrounding properties through competition for on -street parking and on -street deliveries that restrict access to surrounding properties. Incompatible Adjacent Uses Incompatible adjacent uses where commercial and/or industrial properties are directly adjacent to residential uses were noted on 87 of the properties within the area affected by the 2007 Amendment. Outdoor manufacturing was commonly observed without any noise buffers to surrounding residences. Toxic dust created by outdoor industrial repairs and production drifts in an airborne state to surrounding residential properties, presenting a significant detrimental health and safety condition to these residents. Photo 8: Along McKinley Avenue a residential building between two industrial uses is incompatible for both residential occupants and industrial uses as there are no buffers between the two. RSG Page 12 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 9: Residential use along 22'd street adjacent to an industrial use. Photo 10: Residential use along Cleveland Avenue adjacent to an industrial use. Inadequate Lot Size Small parcel sizes particularly in the commercial corridors of 8th Street as well as the industrial portions of the Westside area north of 22nd Street hinder these parcels ability to be rehabilitated and redeveloped. Current development standards for neighborhood commercial development generally require at least a two -acre site and a four -acre site for light -industrial development. There are only 10 properties of four or more acres and 34 properties of two or more acres affected by the 2007 Amendment with 585 commercial or industrial properties being Tess than one-half acre. Inadequate lot size results in development that either (1) lacks adequate parking, loading and vehicle access; or (2) prohibits redevelopment and reuse of parcels because the density of development that exists today would not be allowed without provisions for adequate parking, loading and vehicle access. New development constructed to modern development standards would be required to provide adequate parking, loading and vehicle access, which many commercial and industrial parcels in the Project Area RSG Page 13 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City cannot accommodate. Once these amenities are included, the small lot sizes yield development that is substantially below allowed floor -area -ratios (density) and cause new development to be incapable of supporting the going land values in the Project Area. Photo 11: Along Cleveland Avenue If companies cannot find a consolidated site for operations they use nearby sites and have to transport goods between the areas. This is an unsafe condition for other vehicles as well as the driver of the forklift. Photo 12: The staging of vehicles to be repaired on the sidewalk is shown in this picture of a property along 14th Street. Photo 13: Another instance of staging of vehicles to be repaired on the sidewalk. RSG Page 14 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 14: Another instance of staging of vehicles to be repaired as well as the repair of vehicles on the sidewalk. Excessive site coverage can also hinder the economically viable use or capacity of buildings or lots. There are industrial buildings in the area which lack adequate floor space for inside manufacturing and storage. As operations overflow outside into already constrained parking areas, there is nowhere for the parking needs to be met, except for the already congested street area. Inadequate loading is another typical characteristic of properties with insufficient lot size. Often small Tots must employ sidewalk and/or street loading due to the lack of adequate on -site space. Unloading in the right-of-way; impedes access to businesses, reduces vehicle sight lines for pedestrian and other vehicular traffic as well as restricts traffic flow creating a hazardous traffic condition. Photo 15: Along Cleveland Avenue, the loading area for this industrial building is inadequate to accommodate larger delivery vehicles such as the one pictured. This creates access issues for the other vehicles seeking to enter and exit the area. RSG Page 15 REPORT TO COUNCIL COMMUNITY DEVELOPMEN1 COMMISSION City of National City Photo 16: The loading and delivery area for this industrial building along 14th Street is inadequate to accommodate larger delivery vehicles such as the one pictured. Photo 17: The loading area for this industrial building along Cleveland Avenue shows signs of inadequate space. Outdoor storage and manufacturing is common throughout the Project Area for both commercial and industrial properties. Commercial properties often use outdoor storage for excess materials, trash and other items. The presence of outdoor storage is an indicator that the existing building stock provides inadequate building space for existing business activities. Businesses are using temporary canvas tarp (tent) buildings as permanent additions to existing areas for outdoor manufacturing and production. The 2007 Amendment will provide the CDC with a tool to assemble adequately sized properties, in which site development can meet modern market standards. RSG Page 16 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 18: Along Tidelands Avenue, this photo depicts the use of outdoor areas for storage of materials. Photo 19: This photo indicates outdoor storage of materials on a property along Civic Center Drive. Photo 20: This photo indicates outdoor storage of materials on a property along Civic Center Drive. RSG Page 17 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 21: Along McKinley Avenue This photo indicates outdoor storage of materials. Code Enforcement Violations Violations of local or state building codes are a blighting condition identified under Section 33031(a) of the Law. Buildings and structures that do not meet current uniform building requirements, or other local codes mandated to ensure human health and safety, pose a threat to the workers, patrons, and residents of an area. Based on discussions with City staff, most code enforcement cases require at least one, if not two to three additional follow up visits to make sure the violation is not reoccurring. The following is a list of code violations observed by City staff in the commercial and industrial corridors of the properties affected by the 2007 Amendment: • Unsafe wiring such as extension cords being used as permanent wiring, this fire hazard was typically observed in residential structures converted to commercial and industrial uses: • Public right-of-way (streets and sidewalks) being used for manufacturing and repair area, particularly for auto related businesses, which leads to manufacturing debris and pollution being left in the public right-of-way and a hazard to pedestrians; • Due to overcrowding on street parking in commercial and industrial areas, commercial and industrial vehicles are stored on nearby residential streets. Small parcel size also leads to parking of vehicles on grass and other non -paved surfaces, which has contributed to environmental contamination of the Project Area; • Public streets being used for loading and unloading of merchandise, usually blocking or impairing traffic, which is a safety hazard for drivers and pedestrians; • Canvass or plastic tarps were often observed being used as Tong -term roof covering or to creating an unsafe building addition as well as permanent outdoor work areas; PSG Page 18 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City • Inadequate securing of trash in dumpster enclosures leads to unsanitary conditions; • Illegal dumping of trash (including vehicles) was observed throughout the Project Area, particularly on vacant property or abandoned commercial and industrial properties; • Residential structures converted to non-residential uses without proper permits. Without proper permitting/inspections residential structures cannot be properly evaluated if they are suitable for industrial conversion. For example, multiple residential structures that were being used for commercial/industrial uses were observed to have excessive storage facilities (over 120 square feet of area) in the dedicated setback area, creating a fire hazard; • Outdoor chemical usage in addition, to toxic manufacturing with exhaust and particle venting not to code. This was often observed with outdoor auto repair shops, which in multiple cases are next to residential uses; It is important to note that if all code enforcement violations were corrected in the properties affected by the 2007 Amendment, blighting factors such as environmental contamination, flooding, inadequately sized parcels and unsafe traffic conditions would still remain and the 2007 Amendment would still be justified and beneficial for the Project Area. ECONOMIC CONDITIONS THAT CAUSE BLIGHT The preceding section discussed physical conditions, which are indicators of physical blight within the proposed 2007 Amendment Area. This section will present existing economic conditions that are indicative of blight. To accurately represent existing economic conditions, the 2007 Amendment Area has been analyzed and information has been gathered from the City, the County, and private sources to document the deteriorating economic conditions of the 2007 Amendment Area. The primary economic blighting conditions noted in the 2007 Amendment Area were low lease rates, impaired property values due in part to hazardous wastes, and high crime rates. Lease Rates Based on real estate market publications, the Project Area has an average lease rate of $1.25 per square foot for retail properties, which is $0.88 per square foot lower than surrounding markets. Office lease rates are generally $1.98 per square foot or $0.35 - $0.44 per square foot lower than surrounding markets. Overall lease rates within the Project Area tend to be lower than in the surrounding markets because the buildings in the Project Area are older and lack amenities and do not provide opportunities for expansion. Table B-2 shows retail and office lease rates for the Project Area are in the low range when compared to the City of Chula Vista and the County average. RSG Page 19 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Lease Rates TABLE B-2 National City Community Development Commission Lease Rate Office Retail National City Chula Vista San Diego County Source: Grubb & Ellis $1.98 $2.33 $2.42 $1.25 $2.13 $2.13 According to real estate professionals there are a number of issues that act in concert to impede the economic success of real estate within the some of the older industrial and commercial corridors of the Project Area. For example, when the area developed, the standards for industrial development allowed for smaller lot sizes than would be permitted today and reduced set -backs from other properties. It was also noted that the age of many industrial and commercial buildings renders them obsolete in today's market. Deficiencies mentioned include: Small building size; Lack of parking on -site and off-street; Lack of access to industrial sites; Lack of other amenities or inadequate amenities such as loading and storage; Low ceiling heights which restrict indoor operations and lead to outdoor manufacturing and/or storage. The overall lack of amenities offered by a majority of industrial and commercial properties in the Project Area attracts less desirable uses which impacts the rents landowners are able to charge. Lower lease rates generally result in little net income to reinvest in buildings to improve their condition. An adequate revenue stream is necessary to enable property owners to perform routine maintenance of their properties. Without funding for repairs, deferred maintenance issues could become health and safety concerns. This may be especially true for older buildings. Impaired Property Values Due In Significant Part to Hazardous Waste The Project Area has multiple locations of environmental concern, most of these sites are found in the area affected by the 2007 Amendment, particularly the Harbor District. Generally there are three land -uses generating environmental contamination in the 2007 Amendment area; large industrial uses (particularly in the Harbor District) along with auto repair facilities, and small-scale industrial manufacturing. The Harbor District is approximately 300 acres of industrial and distribution area at the westem edge of the Project Area between Interstate 5 and the San Diego Unified Port District ("Port District") Property along San Diego Bay. In 2003 the CDC undertook a Brownfield's Grant Study Project ("Study Project") with the United States Environmental Protection Agency to determine the extent of the pollution in the Harbor District. The Study Project divided the Harbor District into thirteen (13) sites for individual analysis and concluded that each of the sites likely suffered from hazardous materials contamination, while for some sites there was positive confirmation of contaminated soil and groundwater. RSG Page 20 REPORT TO COUNCIL COMMUNITY DEVFLOPMENI COMMISSION City of National City Historically the Harbor District was developed between 1885 and 1925 as a railroad staging area for transferring goods to ships on San Diego Bay. Industrial uses in the Harbor District over the last 100 years include: oil recycling and other oil distribution/refining facilities that used underground and aboveground storage tanks (including several gas stations), an ordnance company, aircraft parts manufacturer, a battery manufacturer, tank cleaning businesses, automotive servicing (including wreckers), machine and lumber storage, tool machining and metal fabrication, finishing and plating companies and gravel operations. At the time some of these businesses operated protective environmental regulations that are in place today did not exist. According to the Study Project many of these uses have resulted in the following types of pollution: soil and groundwater contamination with oils, lubricants, solvents, lead, and asbestos, PCBs, corrosives, petroleum hydrocarbons, metals and volatile organic compounds ("VOC's"). Many of these uses generated hazardous wastes that in several cases were illegally disposed of onsite. At least 10 monitoring wells have been installed in the Harbor District to investigate subsurface conditions, with elevated petroleum hydrocarbons having been detected in soil as well as the presence of petroleum hydrocarbons, metals and VOCs confirmed in groundwater monitoring wells. In addition, data obtained in connection with the Study Project shows that environmental sites requiring remedial investigation or that have recently undergone remedial action are highly concentrated in the Project Area. Available data for said environmental sites includes properties for which investigation and/or clean-up efforts are headed by one of the following lead agencies; San Diego Department of Environmental Health, California Regional Water Quality Control Board, and the California Department of Toxic Substances Control. Furthermore, according to environmental attorneys involved with the Study Project and the creation of the City's Brownfield Redevelopment Information System, sites located within the 2007 Amendment Area that have already undergone remedial action are not necessarily presumed suitable for all uses. While the CDC currently has eminent domain authority in the Harbor District and along National City Blvd, it is set to expire in July of 2007 and the 2007 Amendment would extend the CDC's eminent domain authority until 2019 to assist, if necessary, in the clean up of these properties. Photo 22: This Property along National City Boulevard suffers from environmental contamination and cannot be built upon for the foreseeable future. Storage activities are the only usage this site is able to maintain until the pollution subsides and the ground stops sinking. RSG Page 21 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Photo 23: Along Bay Marina Drive this site suffers from environmental contamination and is under remediation. However remediation does not guaranty that the site can be built upon in the foreseeable future. The National City Fire Department ("Fire Department") in conjunction with the County issues permits for businesses handling hazardous materials ("Haz-Mat"). Currently, there are approximately 343 Haz-Mat permits in the City, with a high percentage of these being issued in the commercial and industrial corridors of the 2007 Amendment area. Fire Department staff believes the number of actual hazardous materials users or businesses with Haz-Mat permits that do not list all of the hazardous materials used on site, is often times much higher than the actual number of permits issued. During the time period between April 2006 and April 2007, the National City Fire Department responded to 15 Haz-Mat and hazardous release investigation calls inside the 2007 Amendment area. Outdoor manufacturing is a cause of hazardous materials being released in the outside environment, particularly with automobile related businesses. Many auto body shops were observed to be doing grinding of parts and spraying of toxic materials outside. This practice sends these hazardous materials airborne, often to surrounding residents. When these contaminants settle to the ground they either soak into the soil or run into the storm drains as contaminated urban runoff. This runoff eventually finds its way into San Diego Bay. Further, contributing to these conditions are some of the storage practices for chemicals and debris observed during the field survey. Approximately 40% of properties were found to have signs of garbage, debris, stagnant water and/or combustible materials on site. Outdoor storage while being unsightly is also dangerous as holding containers are subjected to weather elements and decompose more rapidly. Numerous substandard building additions were observed to be used for hazardous materials storage. Many of these sheds are made of plywood or canvass tarps that in and of themselves present a fire hazard, but when these substandard structures are combined with hazardous materials storage and usage, it become a significant environmental and fire hazard to the surrounding structures many of which are residential. RSG Page 22 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City Crime A high crime rate that constitutes a serious threat to public safety and welfare is a condition of economic blight. In order to assess the impact of crime within the Project Area, information regarding the incidence of violent and other serious property crime reported by the National City Police Department was analyzed. All police agencies in the County report their crime statistics to the Automated Regional Justice Information System ("ARJIS"), which is a regionally standardized system that enables comparison of the number of crimes reported by jurisdictions across the County. ARJIS reports to the same categories as the nationally recognized Federal Bureau of Investigation ("FBI") Crime Index. The Index includes four violent offenses (willful homicide, forcible rape, robbery, and aggravated assault) and three types of property crimes (burglary, larceny theft, and motor vehicle theft). The offenses included in the FBI Index were selected due to their serious nature and/or volume, as well as the probability that these crimes will be reported to the police. Crime rates in Table B-3 were computed by occurrence per 1,000 persons using San Diego Association of Government 2006 population estimates. The regional crime rate based on ARJIS incorporates both local jurisdictions and unincorporated areas in the County. The 2006 County crime rate based upon ARJIS is 34.2 crimes per 1,000 persons. The 2006 crime rate for the Cities of Chula Vista and San Diego are 35.8 and 39.4 respectively. The 2006 crime rate in National City is 47.4 per 1,000 or 39% higher than the County average and 32% and 20% higher than the Cities of Chula Vista and San Diego respectively. The table on the following page uses data from the 2006 calendar year for all jurisdictions. In addition to having the highest overall crime rate in 2006, National City's crime rates were higher for the following individual categories; robbery, aggravated assault, burglary, and motor vehicle theft. The City had the second highest theft rate and similar murder and rape rates as the rest of the County. Due to the reporting format of ARJIS, crime data for National City is city-wide, which is larger than the proposed 2007 Amendment area. However, it is furthermore determined that a disproportionate share of the City's crime occurs within the boundaries of the 2007 Amendment Area. With the assistance of National City Police Department crime analysts, it is presumed that approximately 12.6% of the City's total reported crimes occurred within the boundaries of the 2007 Amendment area even though the area only constitutes approximately 8.5% of the City's total area PARCELS NEEDED FOR EFFECTIVE REDEVELOPMENT Section 33321 of the Law states that a project area need not be restricted to buildings and properties that are detrimental to the public health safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A project area may include lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area. Areas cannot be included for the sole purpose of obtaining the allocation of tax increment revenue but must have substantial justification that they are necessary for effective redevelopment. RSG Page 23 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City This Report documents that in the area affected by the 2007 Amendment there are parcels that do not exhibit blighting conditions but that they are interspersed with parcels that are blighted and necessitate inclusion in the 2007 Amendment area. The number of and severity of blighted parcels in the Project Area negatively affects the non -blighted parcels because of their appearance and proximity. In addition, there are certain types of blighting conditions that cannot be directly linked to a particular parcel such as substandard on -street parking, which is a cumulative factor. If only parcels that exhibited blighting conditions were included, the 2007 Amendment would not be a contiguous area. The intention of the CDC through the 2007 Amendment is to facilitate rehabilitation programs that will cure health and safety issues and improving the appearance of the Project Area. PHYSICAL AND ECONOMIC BURDEN ON COMMUNITY When evaluated in whole, the numerous physical and economic conditions described in this section of the Report are a serious physical and economic burden on the community. This burden cannot reasonably be expected to be reversed or alleviated by private enterprise and/or existing governmental authority, without the 2007 Amendment. A summary of the issues includes: • The documented presence of environmental contamination in the industrial corridors of the Project Area, causes safety hazards to area occupants and the cost of removal of these substances increases rehabilitation costs. These conditions are an economic burden on the community as property owners choose to maintain obsolete buildings on polluted sites, instead of pursuing new development which would likely require an expensive cleanup of pollutants. • Obsolete buildings attract lower commercial and industrial lease rates, which provide less revenue for property owners to make regular repairs and upgrades. Without periodic maintenance, buildings become deteriorated or even dilapidated due to lack of reinvestment in the properties. • The higher crime rates in the City/Project Area require more calls for service which increases municipal costs and creates an additional burden on community services as public resources are diverted. • Incompatible adjacent uses where commercial and/or industrial properties are directly adjacent to residential uses could subject residents to toxic dust created by outdoor industrial repairs and production. • Response -based code enforcement is unable to address all of the health and safety code violations that exist in the commercial and industrial corridors of the Project Area. The added municipal cost of code enforcement activity is also a burden on the community as municipal resources are diverted from other programs to address code violations. • Inadequate lot size compounds blighting conditions in the Project Area, as these parcels are not of adequate area to accommodate the necessary parking and RSG Page 24 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City loading amenities, while maintaining safe access to the site. Redevelopment of the small sized parcels in the Project Area is not economically viable for private development, which results in a lack of investment in new development that continues to negatively impacting the surrounding community. The extension of eminent domain authority would provide another tool to assist the CDC in correction of these and other blighting conditions for the properties affected by the 2007 Amendment. The private marketplace has not been successful in achieving the needed lot consolidations for new development due to limited number of property owners willing to enter into negotiations. Utilizing eminent domain would provide the CDC with a greater ability to achieve the Redevelopment Plan goals. The 2007 Amendment would provide the CDC with the ability to rectify the inadequately sized properties, improve circulation, make improvements to the commercial and industrial properties and remove substandard dilapidated buildings. RSG Page 25 SECTION C Five -Year Implementation Plan On June 14, 2005, the CDC adopted its current Five -Year Implementation Plan ("Implementation Plan") for the Project Area. The Implementation Plan was prepared pursuant to Section 33490 of the Law and contains specific goals and objectives for the Project Area, the specific projects, and expenditures to be made during the five-year planning period, and an explanation of how these goals, objectives and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by the proposed 2007 Amendment. The Implementation Plan is incorporated herein by reference. RSG Page 26 SECTION D Why the Elimination of Blight and Why Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the CDC's use of Financing Alternatives other than Tax Increment Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the CDC's use of financing alternatives other than tax increment financing. This information was previously provided in the supporting documentation prepared and provided at the time of the adoption of the existing Project Area. The 2007 Amendment will not make any changes that would affect the validity of the previously prepared documentation supporting the need for tax increment. RSG Page 27 SECTION E Method of Financing The method of financing redevelopment activities was provided in the Original Reports when the Project Area was adopted. The 2007 Amendment will not alter the Project Area boundaries, affect the base year value or change the proposed method of financing. Therefore the 2007 Amendment does not warrant that the method of financing be reviewed. RSG Page 28 REPORT TO COUNCIL COMMUNITY DEVFLOPMENT COMMISSION City of National City SECTION F Method of Relocation Sections 33352(f) and 33411 of the Law require the CDC to prepare a method or plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities located within the Project Area. The Law also requires a relocation plan when nonprofit local community institutions are to be temporarily or permanently displaced from facilities actually used for institutional purposes in said Project Area. in addition, the Law requires relocation assistance for commercial and industrial businesses displaced by redevelopment activities. The CDC has previously approved the Relocation of Persons Displaced ("Method of Relocation"), which was amended on July 18, 1995. The final Method of Relocation is incorporated herein by reference and is on file with the Secretary of the CDC. RSG Page 29 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City SECTION G Analysis Of The Preliminary Plan An analysis of the Preliminary Plan was provided in the supporting documentation prepared at the time the Project Area was adopted. Pursuant to Section 33457.1 of the Law, because the analysis of the Preliminary Plan remains the same and is not affected by the 2007 Amendment, additional analysis is not required. SECTION H Report And Recommendation Of The Planning Commission Section 33352(h) of the Law requires inclusion of a report and recommendation of the National City Planning Commission ("Planning Commission"). The report and recommendation of the Planning Commission was provided in the supporting documentation prepared at the time the Project Area was adopted. The CDC did not request a new report and recommendation from the Planning Commission for the 2007 Amendment, because it does not affect the Plan's land use provisions and it was previously determined that the existing Plan was in conformance with the adopted General Plan of National City. Therefore, it was not necessary to require the Planning Commission to make additional findings. SECTION I Report Of The Project Area Committee Pursuant to the Law, a redevelopment agency shall call upon the property owners, residents, business tenants and existing community organizations in a redevelopment project area, or amendment area, to form a project area committee ("PAC") if: (1) granting the authority to the agency (CDC) to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate -income persons reside; or (2) add territory in which a substantial number of low- and moderate -income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. The CDC did not form a PAC because the 2007 Amendment specifically excludes properties that are used for residential purposes, and no projects or programs have been identified that will displace low- and moderate -income persons. Therefore, it was not necessary to form a PAC pursuant to Section 33385.3 for the purposes of making additional findings. RSG Page 30 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City SECTION J General Plan Conformance The 2007 Amendment does not contain provisions which would alter land use designations, nor does the proposed 2007 Amendment affect the land use provisions of the Plan. Information that determined the Plan was in conformance with the General Plan was provided in the documentation prepared at the time the Project Area was adopted. Therefore, Section 33352(j) of the Law requiring a report of General Plan conformance per Section 65402 of the Government Code is not required. SECTION K Environmental Documentation Section 33352(k) of the Law requires environmental documentation to be prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption of the Plan and the subsequent amendments, the CDC undertook appropriate environmental documentation as necessary. For the 2007 Amendment, a Negative Declaration (Initial Study) was prepared pursuant to California Environmental Quality Act guidelines, which found that the proposed 2007 Amendment to extend eminent domain authority would not have a significant adverse impact on the environment. A copy of the Negative Declaration follows as Attachment 3. SECTION L Report of the County Fiscal Officer The proposed 2007 Amendment will not enlarge the Project Area; therefore, it is not necessary for the CDC to request a base year report from the County of San Diego pursuant to section 33328 of the Law. Project Area fiscal information was provided in the supporting documentation prepared and provided at the time the Project Area was adopted. Because the proposed 2007 Amendment will not alter the boundaries of the Project Area, this report is not needed or required. RSG Page 31 REPORT TO COUNCIL COMMUNITY DEVELOPMENT COMMISSION City of National City SECTION M Neighborhood Impact Report Section 33352(m) of the Law requires the inclusion of a Neighborhood Impact Report. This information is presented in the Original Reports that were prepared and provided at the time Project Area was adopted. Because the proposed 2007 Amendment will not enlarge the Project Area; pursuant to Section 33457.1 of the Law no additional analysis would be appropriate or required. SECTION N Summary of the Agency Consultation with Affected Taxing Agencies Because the 2007 Amendment does not add area to the Project Area, submission of a request to the County to prepare a report pursuant to Section 33328 of the Law was not required or appropriate. Therefore, a summary of this report is not included. With regard to consultations, the taxing agencies received all notices regarding the 2007 Amendment and they were invited to contact the CDC Executive Director regarding the 2007 Amendment. The 2007 Amendment does not affect the financing in any way nor does it change land uses or public improvement projects. RSG Page 32 APPENDICES ATTACHMENT 1 -- PROJECT AREA MAP WITH CURRENT EMINENT DOMAIN See attached Project Area Map following this page, with eminent domain authority as proposed by the 2007 Amendment. Attachment 1 illustrates the Project Area boundaries and identifies the properties affected by the proposed 2007 Amendment to extend eminent domain authority by an additional twelve years. RSG Page 33 APPENDICES ATTACHMENT 2 — NEGATIVE DECLARATION See attached Negative Declaration following this page. RSG Page 34 Attachment 1 Westside Areas I 1 L_L.\L:_ National City Redevelopment Project - Parcels Subject to the 2007 Amendment CIl Y OF SAN DIEGO //it. .c a =a i1�?��� �Is...�;.. ate___: r.Z���lllll_ EI' !HI 111! 111192 111111111•111111M1fri •'11 =II 11111111111= 111 1111111111Ng 11 111.1 lul=. lnnul� ■ uu !IIPI u :IIIIIII • 1 uu u,; II�IIIIII 11 H 111 Palm Ave 8th Street Corridor _ 11:11Lemu' i 1 owe, Eli .1II a�V sl' EN8 -li .e a• _4111111111111ot t au- illlllill Plaza Blvd Highland Ave ;;° .111a1.t _ in,.. L11���� ice 30th St/Sweetwater CHULA VISTA A Project Area Boundary _ Existing Eminent Domain Authority Municipal Boundary C.1?5 0;5 75 075 a Attachment 2 Community Development Commission of National City 1243 National City Boulevard National City, California 91950-3312 Telephone (619) 336-4250 Fax (619) 336-4286 CALIFORNIA ENVIRONMENTAL QUALITY ACT Redevelopment Plan Amendment 2007 - Negative Declaration A. INTRODUCTION The Community Development Commission of the City of National City (the "CDC") prepared a Negative Declaration for the proposed 2007 Redevelopment Plan Amendment to extend the authority to use eminent domain. The CDC proposes to extend the CDC's existing authority to acquire property, as a last resort, through eminent domain to vacant property (as defined in the National City Municipal Code Section 7.06.20), and all commercial and industrial zoned properties in those areas which arc currently subject to eminent domain authority within the National City Redevelopment Project Area. The current exemption for single family residences would be expanded so that all housing uses, whether single-family or multi -family, are specifically excluded from the use of eminent domain. The Commission currently has the authority to acquire property through eminent domain until July 18, 2007 in the following areas: • Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • Properties located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • Properties located immediately west and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • Properties west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. This amendment will extend the Commission's authority to acquire property through eminent domain within these areas until 2019. The 2007 Amendment also includes the addition and modification of redevelopment plan text as it. pertains to redevelopment actions and uses permitted in the project area. As proposed the amendment would add a provision for the CDC to pay all or part of the value of the land and the cost of the installation and construction of any publicly owned building, facility, structure, or other improvement within or without the Project Area pursuant to Health and Safety Code Section 33445. The 2007 Amendment would modify Section VII (c) of the Redevelopment Plan, thus allowing for used auto and truck sales when part of a new vehicle dealership and located on land within the Transportation Center district. The 2007 Amendment will also change the current exclusion of eminent domain on single-family homes (Exhibit D) to include all residential land uses, as well as revising Exhibit C — "Public Facilities/Infrastructure Improvement Projects". No other changes to the Redevelopment Plan for the National City Redevelopment Project arc included in this amendment. Community Development Commission of National City — Negative Declaration Page 1 Extension of the Authority to Use Eminent Domain The Negative Declaration for the 2007 Amendment evaluated the potential environmental impacts that could occur with making the proposed amendments to the existing Redevelopment Plan. The Negative Declaration was mailed for a 20-day public review period beginning June 7, 2007 and is scheduled to end on June 27, 2007. Comments on the 2007 Redevelopment Plan Amendment Negative Declaration should be submitted during this public review period. The Negative Declaration will be considered for approval July 3, 2007. The commercial and industrial properties within the Project Area that are now subject to the use of eminent domain are shown on the attached map. The change to the 2007 Redevelopment Plan Amendment to extend the eminent domain time limit in the existing project area, revising Exhibit D to exclude all residential land uscs, revising the transportation center section and revising Exhibit C — public facilities and infrastructure is now referred to as the 2007 Redevelopment Plan Amendment, which reflects the stated change. B. CEQA PROVISIONS As stated above, a Negative Declaration was prepared for the 2007 Redevelopment Plan Amendment pursuant to Section 15070 of the California Environmental Quality Act Guidelines (CEQA Guidelines). The revision to the 2007 Amendment is now reflected by the 2007 Amendment, which did not cause or generate any significant effects. C. ENVIRONMENTAL DETERMINATION The Negative Declaration did not identify any significant or adverse environmental impacts associated with the extension of the eminent domain time limit in the existing project area, revising Exhibit D to exclude all residential land uses, revising the transportation center section and revising Exhibit C — public facilities and infrastructure. Pursuant to CEQA Guidelines Section 15073.5(c)(2), the Negative Declaration is adequate in its analysis of the 2007 Redevelopment Plan Amendment. Community Development Commission of National City — Negative Declaration Page 2 Extension of the Authority to Use Eminent Domain