Loading...
HomeMy WebLinkAbout2007 09-04 CC CDC AGENDA PKTAgenda Of Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - 'Tuesday — September 4, 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 be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. /, Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings 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 COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 09/04/07 - Page 2 CITY COUNCIL PRESENTATIONS 1. August Employee of the Month — Lavonne Watts, City Manager's Office 2. Presentation by Chief of Police — Luis Carbajal, Explorer Captain PROCLAMATION 3. Proclaiming the Month of September 2007, as "National Preparedness Month" CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or non controversial 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 a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of green curb 30-minute parking in front of 110 E. 16th Street, restricted between the hours of 8 am to 6 pm, Monday through Friday. (T. Lopez, TSC Item No. 2007-27) (Engineering) 6. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" on the south side of 8th Street, west of K Avenue, and installation of 25 mph speed limit signs on 9th Street between K Avenue and Edgerton Way. (M. Corral and F. Perez, TSC Item No. 2007-28) (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 09/04/07 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of one blue curb handicap parking space in front of the residence at 523 E. 5th Street. (A. Torres, TSC Item No. 2007-29) (Engineering) 8. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of one blue curb handicap parking space in front of the residence at 1334 Scott Drive. (F. Gallegos, TSC Item No.2007-30) (Engineering) 9. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 3 feet of red curb "no parking" on each side of the alley located on the south side of 18th Street, east of Prospect Street. (Resident at 2220 E. 18th Street, TSC item No. 2007-31) (Engineering) 10. Resolution of the City Council of the City of National City approving a Tentative Subdivision Map and Conditional Use Permit for 22 residential condominium units with exceptions for less than required setbacks and building separation on an approximately one acre vacant site bordered by East 8 h Street and Harbison Avenue. (Applicant: Joseph Bendah, for Nationwide Enterprise, Inc.) (Case File No. 2007-24 S, CUP) (Planning) 11. Resolution of the City Council of the City of National City authorizing waiver of the formal bidding process, and awarding a contract to Progressive Solutions, Inc. for Alarm Permitting & False Alarm Billing and Software Services. (MIS) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Deposit Placement Agreement and a Custodial Agreement with Neighborhood National Bank for up to $2,000,000 from the City's investment capital to invest in the Certificate of Deposit Account Registry Services (CDARS) Program with a 5.25% rate of return. (Economic Development Division) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 09104/07 - Page 4 CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City ratifying a Temporary Use Permit for National City's use of PASHA Parking Lot "J" located on San Diego Unified Port District property for temporary parking in conjunction with a free Bayfront Expo & Concert Program at Pepper Park. (Community Services) 14. Resolution of the City Council of the City of National City authorizing the Mayor to sign a lease agreement with Cricket Communications Inc. to lease a portion of the Louis J. Camacho Gymnasium for the installation and operation of an equipment cabinet and certain antenna facilities. (Engineering) 15. Neighborhood Councils Monthly Reports for July & August 2007. (Community Services) 16. WARRANT REGISTER # 5 (Finance) Ratification of Demands in the amount of $ 1,178,574.57 17. WARRANT REGISTER # 6 (Finance) Ratification of Demands in the amount of $ 582,104.80 PUBLIC HEARING 18. Public Hearing and Proposed Finding of No Significant Environmental Effect for an Amendment to an Existing Specific Plan (SP-2-90) on a 1.65-acre site on the north side of Plaza Boulevard, just east of 1-805 to accommodate a proposed 10,300 square foot Retail development on two vacant parcels within the Specific Plan Area. (Applicant: Schuss Clark, an Architectural Corporation) (Case File No. 2007-1 SP, IS) (Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 09/04/07 - Page 5 ORDINANCE FOR ADOPTION 19. An Ordinance of the City Council of the City of National City amending Title 1 of the Municipal Code by amending Chapter 1.08 pertaining to official City names, seals, logos, insignias, and badges. (City Attorney) NEW BUSINESS 20. Notice of Decision — Coastal Development Permit for Bay Marina Drive (West 24th Street) widening project from Interstate 5 to Marina Way (Harrison Street) within the Harbor District Specific Area Plan and the Coastal Zone. Applicant: Community Development Commission. Case File No. CDP 2006-1. (Planning) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 21. Resolution of the Community Development Commission of the City of National City authorizing the Board to approve an additional funding allocation of a not to exceed total amount of $195,023 for the Foodland Facade Project and authorizing Change Order Number 11 with Healy Construction Company for a not to exceed amount of $34,064.32 and Change Order Number 12 for a not to exceed amount of $9,090.83 and Change Order Number 13 for a not to exceed amount of $48,000 and authorizing the use of funds from the Facade/Storefront Improvement Program (Account No. 900731). (Economic Development Division). 22. Warrant Register for the period of 08/03/07 through 08/16/07 in the amount of $503,668.83. (Community Development Commission/Finance) NON CONSENT RESOLUTION 23. Resolution of the Community Development Commission of the City of National City approving a term sheet and authorizing the Executive Director to execute a three year market rate (10%) loan agreement for up to $2.6 million with the Constellation Property Group for the Centro Redevelopment Project on National City Boulevard. (Redevelopment Division) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 09/04/07 - Page 6 STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — September 18, 2007 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL,/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABL FOR SALE IN THE CITY CLERK'S OFFICE ITEM #1 9/4/07 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 August 15, 2007 TO Chris Zapata, City Manager FROM Stacey Steven n;, urnan Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM RECEIVED AUG 1 6 2007 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 August 2007 is Lavonne R. Watts, Executive Assistant. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, August 21, 2007, to be recognized for her achievement and service. Attachment cc: Lavonne R. Watts Leslie Deese, Assistant City Manager Councilmember Natividad Dionisia Trejo — Mayor/Council Office Human Resources — Office File SS:Igr Performance Recognition Program (2) 1?prvrlrrl Pfne,r Performance Recognition Award Lavonne R. Watts Nomination Form The City Manager's Office is proud to nominate Executive Assistant Lavonne Watts as August's "Employee of the Month." Lavonne has been a valuable employee of the City for over 16 years. Lavonne's commitment to the City Manager's Office takes her the extra mile to serve National City and its residents. Lavonne possesses exceptional communication and organizational skills which are evident in her responsibility for preparation of the City Council Agenda, which requires a great level of detail and follow-up to ensure a thorough and accurate agenda is produced. Lavonne is willing and able to take on any challenge we give her and is a consummate professional. Lavonne is the consummate team player and is always willing to stay late to get the job done. She collaborates on a daily basis with all facets of the City Manager's Office, which includes scheduling meetings and conferences, budgeting, and special projects. Throughout the changes and challenges associated with a shrinking department and increasing responsibilities, Lavonne always has a smile on her face and consistently provides excellent customer service to our residents and fellow employees. On behalf of the City Manager's Office, I am extremely honored to nominate Lavonne as National City's "Employee of the Month." Nominated by: Chris Zapata, City Manager Leslie Deese, Assistant City Manager 7/24/07 ITEM #2 9/4/07 PRESENTATION BY CHIEF OF POLICE - LUIS CARBAJAL, EXPLORER CAPTAIN ITF24 #3 9/4/07 CITY OF NATIONAL CITY (-4(I/Mali041 WHEREAS; California resirlcnis have experienced the effects of various disasters angir�g horn severe winter stanns to major earthquakes ar.d devastating wild land fires, resulting in damages costing hundn:ds of millions of dollars, and \\'IIEI2EAS; Southern California is currently experiencing prolonged, record breaking (bought and extreme fire concttions that highlight the importance of disaster preparedness, both at the individual and institutional levels; and WHEREAS; the aftermath or use !antcsi firestorm in California's history demonstrated the necessity for careful and thorough emergency plann ng and preparedness among individuals, cnmmnnires. and agencies locally; and WHEREAS; the loss of life and property damage can be greatly reduced if appropriate emergency preparedness measures are taken befiue, during, and after a major emergency; and \VHERF.AS; urge all pcisons io participaic in the countywide Duck. Cover, and Hold iarill on 'Tuesday. September 252007 at Sant, by taking. protec:iiye actions as if an earthquake had actually occnrr-rl. THEREFORE, as Mayor Rr. (Thy Council, by virtue of the authority vested in us by the (1ity of National ('ity, do herety proclaim the month of September 2001 as: NATIONAL. PREPAREDNESS MONTH \\'e call upon all citircns of Natianal City to leant how to protect themselves, their families, and neighbors in an emergency situation. Frank7'arra Vice Afavor Luis livid Corm thnern r Ron Morrison Mayor Fideles l)rigab Councilmember Rosalie G. 7 r; councilwoman ITEM #4 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 9/4/07 It is recommended that the City Council approve the following motion as part of the Consent Calendar. "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE September 4, 2007 AGENDA ITEM NO. 5 /ITEM TITLE Resolution of the City Council of National City authorizing the City Engineer to approve installation of green curb 30-minute parking in front of 110 E. 16"' Street, restricted between the hours of 8am to 6pm, Monday through Friday. (T. Lopez, TSC Item No. 2007-27) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Reso BOARD / C M 1 ION RECOMMEDATION At their meeting on August 8, 2007 the Traffic Safety Committee approved installation of approximately 90 feet of green curb 30-minute parking in front of 110 E. 16"' Street, restricted between the hours of 8am to 6pm, Monday through Friday. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7103) Explanation Mr. Tony Lopez, Assistant Manager of FinishMaster, requested the installation of 30-minute parking in front of his business located at 110 E. 16th Street (approximately one block east of National City Boulevard). Mr. Lopez stated that vehicles often park in front of his business for extended periods of time, sometimes for several days or longer. Furthermore, no off-street parking is available for customers. These factors impact his business as customers have difficulty accessing the site. Staff investigated the site on several occasions and agrees that time -restricted parking will increase vehicle turnover and provide customers better access to his business. At their meeting on August 8, 2007 the Traffic Safety Committee approved the staff recommendation to install approximately 90 feet of green curb 30-minute parking in front of 110 E. 161h Street, restricted between the hours of 8am to 6pm, Monday through Friday. Work will be completed by the City Public Works Department. TSC 2007-27 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH NINETY -FEET OF GREEN "30-MINUTE PARKING" IN FRONT OF 110 EAST 16TH STREET, RESTRICTED BETWEEN THE HOURS OF 8:00 A.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY (T. LOPEZ, TSC Item No. 2007-27) WHEREAS, Tony Lopez, Manager of FinishMaster located at 110 East 16th Street, has requested the installation of a "30-Minute Parking" zone on the west side of 901 National City Boulevard because vehicles often park in front of his business for extended periods of time, sometimes for several days or longer, and no off-street parking is available, which impact his business as customers have difficulty accessing the site; and WHEREAS, at its meeting on August 8, 2007, the Traffic Safety Committee approved the installation of ninety -feet of green "30 Minute Parking" on the west side of 901 National City Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a forty -foot "30 Minute Parking" zone in front of 110 East 16th Street, restricted between the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 8, 2007 ITEM TITLE: REQUEST FOR INSTALLATION OF 30-MINUTE PARKING IN FRONT OF 110 E. 16TH STREET (BY: T. LOPEZ) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Tony Lopez, Assistant Manager of FinishMaster, is requesting the installation of 30- minute parking in front of his business located at 110 E. 16th Street (approximately one block east of National City Boulevard). Mr. Lopez stated that vehicles often park in front of his business for extended periods of time, sometimes for several days or longer. Furthermore, no off-street parking is available for customers. These factors impact his business as customers have difficulty accessing the site. Staff investigated the site on several occasions and agrees that time -restricted parking will increase vehicle turnover and provide customers better access to his business. STAFF RECOMMENDATION: Staff recommends installation of approximately 90 feet of green curb 30-minute parking in front of 110 E. 16th Street, restricted between the hours of 8am to 6pm, Monday through Friday. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 2007-27 CrAutomotive & Industrial Paint ii FINISHMASTER. July 25, 2007 Traffic Safety Committee City of National City To Whom It May Concern: I would like to bring to your attention a problem of concern for FinishMaster; the business located at 110 E. 16th Street, National City. The problem is vehicles parked for weeks or months at a time up and down the street including in front the FinishMaster store. In addition, the cars not maintained; leaking oil; broken windows; etc. There are various used car dealerships in the area that appear to be parking these cars on 16th street. I have called National City Traffic Control to report this situation and, although the cars are removed; the cars are parked back on the street in a week. I have called DMV and have been told that it is the City of National City's responsibility. My concern is for the parking ability and safety of customers in front of the store. In addition, there are students who walk home from the school located down the street. I have observed some students writing in the dust on the cars. Because of the leaking oil, broken windows, etc., 1 worry about the safety of these students. I am requesting that the City of National City post parking signs in front of the business such as "parking 8 a.m. to 5 p.m. — Monday through Friday" or something similar. I appreciate your assistance with this matter. Please do not hesitate to contact me at (619) 474-4651 or 1-800-474-1723 if I can provide further information. Sincerely. i o G. Lodo4 -2--. "CONY G. LOPEZ Assistant Manager 110 E. 16`h Street (looking south) City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE September 4, 2007 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of National City authorizing the City Engineer to approve installation of red curb "no parking" on the south side of 8th Street, west of K Avenue, and installation of 25 mph speed limit signs on 9t Street between K Avenue and Edgerton Way (M. Corral and F. Perez, TSC Item No. 2007-28) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Reso • BOARD T ION REC ' TION At their meetin on August 8, 2007 the Traffic Safety Committee approved installation of approximately 80 feet of red curb "no parking" on the south side of 8th Street, west of K Avenue, and installation of 25 mph speed limit signs on 9th Street between K Avenue and Edgerton Way. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation l 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) Explanation - Mrs. Marina Corral, resident of 832 K Avenue, and Mr. Felix Perez, resident of 1038 E. 8th Street, requested red curb "no parking" on the south side of 8th Street, west of K Avenue. When vehicles are parked on the south side of 8th Street adjacent to the intersection of 8th Street and K Avenue, vehicles attempting to exit K Avenue with a left -turn or through movement have impaired sight distance. Higher speed traffic on 8th Street also impacts driver reaction time. Staff visited the site and agrees that sight distance is impaired due to vehicles parked on 8th Street adjacent to the intersection. Staff recommends Installing red curb immediately west of the intersection of 8th Street and K Avenue. Residents also requested speed humps on 9th Street between K Avenue and Edgerton Way. They are concerned for the safety of their children. Staff investigated the site, obtained traffic volume and speed data, and performed a speed hump warrant analysis. Results of the study indicate that only 3 of the 5 warrants listed in the City Council Policy for Speed Humps are met. The results are summarized as follows: 1. The warrants require a minimum of 1,000 vehicles per day (24-hour period). Average daily traffic (ADT) counts equal approximately 240 vehicles per day. This condition is not met. 2. The warrants require that a minimum of 60% of the vehicles surveyed must exceed a speed of 25 mph. Less than 10% of the vehicles surveyed exceeded the speed limit. This condition is not met. 3. The road must have no more than 2 traffic lanes. This condition is met. 4. The road must have a speed limit of 25 mph in accordance with State Law or City Council action. This condition is met. 5. The road must be a local street, i.e., not on the City's Classified Street System. This condition is met. Only 3 of the 5 warrants listed in the City Council Policy for Speed Humps are met. Council Policy requires that a minimum of 4 out of 5 warrants are met. Therefore, staff does not recommend installation of speed humps. To improve driver awareness and enforcement of the speed limit, staff recommends installation of 25 mph speed limit signs on 9"' Street between K Avenue and Edgerton Way. Currently no speed limit signs are posted. Staff will conduct a formal radar speed survey to allow enforcement of the posted speed limit. At their meeting on August 8, 2007 the Traffic Safety Committee approved the staff recommendations. Work will be completed by the City Public Works Department. TSC 2007-28 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF RED CURB NO PARKING ON THE SOUTH SIDE OF EAST 8TH STREET, WEST OF K AVENUE, AND THE INSTALLATION OF 25 MPH SPEED LIMIT SIGNS ON EAST 9TH STREET BETWEEN K AVENUE AND EDGERTON WAY (M. CORRAL AND F. PEREZ, TSC ITEM NO. 2007-28) WHEREAS, Mrs. Marina Corral, resident of 832 K Avenue, and Mr. Felix Perez, resident of 1038 East 8th Street, have requested the installation of red curb no parking on the south side of East 8th Street, west of K Avenue, and the installation of speed humps on East 9th Street between K Avenue and Edgerton Way because vehicles attempting to exit K Avenue with a left -turn or through movement have impaired sight distance, and higher speed traffic on East 8th Street also impacts driver reaction time; and WHEREAS, based on a site inspection, staff recommends installing red curb no parking immediately west of the intersection of East 8th Street and K Avenue to increase driver visibility; and WHEREAS, staff obtained traffic volume and speed data, and performed a speed hump warrant analysis and found that the site did not meet the requirements for a speed hump, but staff recommends the installation of 25 mph speed limit signs on East 9th Street between K Avenue and Edgerton Way to improve driver awareness and enforcement of the speed limit; and WHEREAS, at its meeting on August 8, 2007, the Traffic Safety Committee approved the installation of approximately 80 feet of red curb no parking on the south side of East 8th Street, west of K Avenue, and the installation of 25 mph speed limit signs on East 9th Street between K Avenue and Edgerton Way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish approximately 80 feet of red curb no parking on the south side of East 8th Street, west of K Avenue, and the installation of 25 mph speed limit signs on East 9th Street between K Avenue and Edgerton Way. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 8, 2007 ITEM TITLE: 2 l REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ON THE SOUTH SIDE OF 8T" STREET, WEST OF K AVENUE (BY: M. CORRAL AND F. PEREZ) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Marina Corral, resident of 832 K Avenue, and Mr. Felix Perez, resident of 1038 E. 8"' Street, are requesting red curb "no parking" on the south side of 8th Street, west of K Avenue. When vehicles are parked on the south side of 8'h Street adjacent to the intersection of 8'h Street and K Avenue, vehicles attempting to exit K Avenue with a left- tum or through movement have impaired sight distance. Higher speed traffic on 8th Street also impacts driver reaction time. Staff visited the site and agrees that sight distance is impaired due to vehicles parked on 8'h Street adjacent to the intersection. Staff recommends installing red curb immediately west of the intersection of 8th Street and K Avenue. Residents are also requesting speed humps on 9'h Street between K Avenue and Edgerton Way. They are concerned for the safety of their children. Staff investigated the site, obtained traffic volume and speed data, and performed a speed hump warrant analysis. Results of the study indicate that only 3 of the 5 warrants listed in the City Council Policy for Speed Humps are met. The results are summarized as follows: 1. The warrants require a minimum of 1,000 vehicles per day (24-hour period). Average daily traffic (ADT) counts equal approximately 240 vehicles per day. This condition is not met. 2. The warrants require that a minimum of 60% of the vehicles surveyed must exceed a speed of 25 mph. Less than 10% of the vehicles surveyed exceeded the speed limit_ This condition is not met. 3. The road must have no more than 2 traffic lanes. This condition is met. 4. The road must have a speed limit of 25 mph in accordance with State Law or City Council action. This condition is met. 5. The road must be a local street, i.e., not on the City's Classified Street System. This condition is met. Only 3 of the 5 warrants listed in the City Council Policy for Speed Humps are met. Council Policy requires that a minimum of 4 out of 5 warrants are met. STAFF RECOMMENDATION: Staff recommends installing red curb "no parking" on the south side of 8t° Street, immediately west of K Avenue. Specifically, approximately 40 feet of red curb in front of 1038 E. 8th Street and 40 feet of red curb in front of 1030 E. 8th Street shall be installed. Staff does not recommend installation of speed humps since only 3 of the 5 warrants listed in the City Council Policy for Speed Humps are met. Council Policy requires that a minimum of 4 out of 5 warrants are met. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. City Council Speed Hump Policy 5. Survey Data 200 7-28 Traffic Safety Committee 1243 National City Blvd. National City, Ca 91950 Re: Request for Red Curb and Speed Bumps June 22, 2007 Attn: Engineering Dept. A y: 0 3 This letter is on behalf of the residents of K Avenue and 8th Si, in National City. For many years now the intersection of 8h St. and K Avenue in National City has been a hazard Vehicles that are parked at the South West corner of this intersection block the view of oncoming traffic for cars exiting K Avenue. Countless vehicles have been at the verge of collision due to obscured view caused by parked vehicles in this corner. Many accidents have occurred at this intersection, as you may have record of, and we as a community wish to have this corner's curbside painted red. "Ibis is the only exit for people residing on 9t° Street, K Avenue and in the alley between I Iighland Avenue and K Avenue. Predenting parking in this corner will help alleviate the problem we all must face every day when leaving our homes. Furthermore, due to the growing development in the neighborhood more families with children have moved to this arca. On many occasions vehicles travel at high speeds through this intersection without regard to posted speed signs. 'Ibis has everyone on edge since children are out at all hours of the day. For this reason, we are also requesting that speed humps be placed on these streets to keep traffic from speeding and posing a danger to the children in our neighborhood. I have lived here for over 20 years and have never seen traffic as bad as it is now. Attached you will find signatures of people residing at or near this intersection requesting the red curbside and that speed bumps be put in place as soon as possible. Thank for your consideration in this urgent matter. Sincerely, Marina Corral 832 K Avenue National City, CA 91950 (619)477-0868 Petition to the City of National City to block parking at South West corner of the intersection of K Avenue and 8th St. in National City. Also, to put speed bumps at these same intersections to prevent vehicles from speeding. A B C 1 Print Name Address Sjgnature 2 Mat -Ina- do ma ,•132, Averia& , N • 6 kJ 3 Alaty00 CO ratt _K. X-I2/,',. e 4 12-0"-c.Z-ve_lAt, tAerocirefez• _A-vaiu , Lvvri5 t. (ak\r-k '',..A is-1 C ' --8r----:,<Ii4. '-,-. P.. ...„.er -e . Z'o.)±' --il 7 -fr ,1/--- 91--e- ZE-1.,1-7,-/ /2 6 difb C 1-1-a T_574. ta&4:0 pill 3E- 5 ct-; - - -'-?.i,_--)-Y- 8 .. (.. t. q e-si-3 E _ -Fp, 9 eabx, __/-._ - 110 /_ 10Gbrielc A 9t6,--S-?-1--* ti. _,i .lk0d 11 . ,# ID^ 12 •0(in0 A a4 ‘ \o_ k. 13 1 o-1- -...'k-hsZ7( 1 i() Afigai. i 14 '4 1(U_ is\ e',1 09 c0 9 -8V\ ct 1 4/09 ii_fillr 15 ii_OL GS _E_ l_Lq_ E_.4-_.-V,._-1=k tail 1 Yi•get4-- ,' . 16 r\t-lt si 63C__) 1.61.0,-\ 6.). t -4 17 Aa,,,,is„ 1 ,:k2y z _‘_,,,A. fW szo A\1),‘ ' ----- vi,s , , .__ _ -- 18 gc:0-7 . -,,,,,-/- ,-/2 ' 19 74rini- 021 ei leK-7-60, a r -k--Z 20 .0_11\ 6 , f_uwe '1_ go z• iLici-w # 21 ZA,11 ') CAD_ _,A, cy.,,z-b 74.- 4,44.0_,,,_ ,,_ -•-e-___ - -) _25 -t sAiT7-1 re-. 76- _ -716 - 27 40.MA Aid& -S r a 020 0 Mt c_ L . `I-Al/Ref RC '-' 28 OD, CkiZCI 29 zilt-K 4° V- 30 AC PA I-_\ , _MI- h, _Kit vt_. — 32 &we 1440-3 _g_ai 33 4e..1 600-21.41 (2 3 K Diw. Ai c 35 /73)PLIV A..""Z---4,N,,e- /00‘ 6 y7---,2,7 Petition to the City of National City to block parking at South West corner of the intersection of K Avenue and 8th St. in National City. Also, to put speed bumps -at these same intersections to prevent vehicles from speeding. A B I \ 36 //% f_h _ti 79ii778; til4--_ ! if - „._. . - 39 -%Uie. - - - • J '!l --��-mac- .. _- ._. -_ire^ / 41Miti . . • art t l..Et/ 8e-15 f119 A_ /,,,i 2- .4 v c... 46 a/oP ,c 47 JOe -+rrvrl nnwp6Z I OS 645dT S'1-- - - — �' i j,, 48 - 1-raY-"` ..afi T i _vd G AT .- // e, ieVu �k GF /3 ',Of), j S7- . _ �j .4._0.-----.---- 50 51 Ac 6U(Giatio ` ,(o e31'A—X 52 Cr- Gy +6cvc,7 . 1,,1 03-c- e- 914` I f 53 t_AILC, O A{_tZ - \ S%ab__ '- 614_1) -f2 4 . &AAR. rnPegiV _- -. 54 - K, Ax/ MM.ITtcv_L\ CL<r t L t3 -$ Z c 55 _. ( 4E-1._LOU CDG$A( _ y)`L r-, ziky- ' 2 -'/P c_C1t ''t-- 56 leas -- - - - 57 - - - - O tAX- 0i'1- C_ne k /aa/ r 0. 2.-0%2--__-.. 59 (S'f , c...- 60 ArnA _z- _ARo_0 ry �, io 12 _j/: __P _P� S-t- rve C ,,,00 I 5-LLN,Left- '� it .l� __,. _ (, .- ��. 61 f--` V � 63 64 65 66 67 68 69 70 . Petition to the City of National City to block parking at South West corner of the intersection of K Avenue and 8th St. in National City. Also, to put speed bumps at these same intersections to prevent vehicles from speeding. A Print Name Address 2 Mai/4k- __earn& 67,31- /e Ayerni& 3 acci3(0U_Cofra_i ,Y3 Z. I( Meiltie , » -6- ' 4 Vcr4w-tAt,lAtnitZATieL_Llibca 6 C61,xel fA i'l 5 ?' _•_,.., I .-,7"7-7' S7-5-z-C -:--,--- ctif,3_ I Rit Ar.Yo a ailio 7 ,-41__F 75crii 7w ;7-7-- 7 ,:1 8 ,-1/ 9 r Jy 3 E . 17), , 6-v,_ __ Aar evi , .4460011,14f/ 111 :,,ia.t.ligwaliti.., 0 11StiM6:"Pal"' V 11 1100 12 f)?-4Vit_ 13 cuut c, 11 SUE-1- 614--S1-,-* \ 0 cV 14 i(ksf 14 I ltty_ 19 N c '8V\ ck- 1 -P$ 1 0 'I 15 114 VO 'is. 911-W-1-_--, -VC t a 16 vAt k r\A-sv__J?)bC>t 17 C r-AC.ik, - 1 At.-W i'lf•W\\I'LA 18 L_Ii -,‘/ 762/47 gc-... 19 Valle OZI e7X-1eY-1-7 -0.1 A 6 - 7‹ 't- k.2-0,. _E_4=Ii_ 20 21 7_,A)1') Co X22.-D 74 cli ‘ ‘cl4. 7 0 y ,220 24 6'A /a4._. i.V / 26 _'f am t-r-e a_m_ai-l2 ttAcios two es, V ,S-1-1-_e,0-- A . , Celar Ita M L 9 5-bicol N.C. 1:,,A, 29 T3( fc A kn- &-i4v 30 1316, _ME._,.; 31 F S 3 -1<-4(v4 -#13 if 32 K(C7Die 14 i liG g 3 / th- if live. / 33 //441/40y. erop-.142(2, ,gg3 K ick, -21 V zada? 8 so Zr-f-t-r A jDo‘ 6 IT,_›7 „Pe 34 35 Petition to the City of National City to block parking at South West corner of the intersection of, IC Avenue and 8th St. in National City. Also, to put speed bumps'at these same intersections to prevent vehicles from speeding. A B 0 air lit 37 - tifY--_ S Ve2----031 4i>i<di 38 Q/L43(Ai2CT Arni% 39 ..4,, .3.--" eff("<5.— 6.1 .el-v--,,-t- ....4„s ,/ 7 40 a ,pc s",4,66f1_0--(4,- kit er1- -140-04 0 Ay_ '' 4 - '3'..u.v.e; 4r 41 v i ofr I ;Ala, 4 447_2— 42 ift1PAIVit- EV A , ....-. nicii S44 A _Ac, tivA„ 43 'BriArka.,Radt _cra- GLK W. aikci 41( 97(( E, Z SI- °MC, :rt. ? Allta (0. ‘A nco 447111*.: A110 46 ot-) 't--(. l t. 7W3- /117 4. eA(,,,-b 4vc._ • / 1 47 Joe 4A-Utiothpez I ssf q.:,,,st gm sr ', ---,1,Iv ' 48 4.1:2° (_)242"- / / 5/ O___q_ii-c, s 49 t 110 q (Nti\ av g1) A 50 A '5(' 0.4(../A>76/0 --5k- 606. 0907(13 '- io(y 23F 51 6U/trait iltittf452- 'Pt Ya-- K sT. . AN.; --- 52 C. cSav C.oavt.tet,z___ J ID )-S- C.- 914\ 51-re-t.)-- . • r 53 kk*.v\e_s?{' -0 '“Oiv-) `--- 1-i_-.1) --. 54 14hellUI1 ca-P -L_ 03-l- K 'kJ awiev 55 in COIL WU COPPAC 0 7.- Is< bk-k, _ /I/20p I Ou -. , ,..2-;(1- 56 Picagsc, 5 Ho 58 W Unike-r-t--e, ejlwi 153L ite.. PI bpi i-a_ticil-c-e.._-, _1_1) _ - /407-- Fil_54 -. i v c - 621-•-• _-0"b2=-7-,,, 60 1:A Of A ?) g_th S`Eie. cq. 61 E _/300‘ 6 gi:_ relit- 1.4 5Lit-i• e. ea 41:D_. 62 t--- 01 c it ovi i ko,Qr9iW 180 'X" 5/4 p c--1 63 64 65 66 67 68 69 70 . Location Map 811' Street, west of K Avenue (looking south) 96 Street, west of K Avenue (looking west) CITY VOUNCIL POLICY TITLE: SPEED HUMP POLICIES POLICY NUMBER:- 708 ADOPTED: AUGUST 25, 1992 AMENDED OR REVISED: PURPOSE The purpose of this Policy is to provide a uniform and equitable procedure for the installation of speed humps ' on National City streets. GENERAL 1. The initiation of a request for Speed Hump installation shall be in accordance with the following procedures: a. Requests shall be in the form of a formal Petition (copies of which will be supplied by the City Engineer). b. Petitions shall be circulated by the petitioners. c. A separate petition shall be used for each street segment. d. Petitions shall be circulated among property owners fronting on the street. e. Completed petitions shall be delivered to: City Engineer City of National City 1243 National City Boulevard National City, Ca 91950 f. Each Petition shall contain the signature of property owners representing at least 60% of the properties that access directly on the street. Only, one signature per property will be counted_ 2. -Speed Humps will only be installed in conformance with design guidelines that have been established by the City Engineer at the time of the installation. 1 City of National City CITY uOUNCIL POLK TITLE: SPED HUMP POLICIES POLICY. NUMBER 708 ADOPTED: AUGUST 25, 1992 AMENDED OR REVISED: 3. Speed Humps are still experimental roadway features, therefore; additions, alterations or removals._of any or all Speed Humps may occur at any time. 4. Prior to the installation of Speed Humpson- each street, the City Engineer will notify the Fire Department, the Police Department and Ambulance Service of said installations for their input (where they may incur delay). WARRANTS The installation of Speed Humps on public roads will be considered only if 4 out of the 5 following conditions are met, as determined by the City Engineer: 1. The average traffic volume must exceed 1000 vehicles in a 24 hour period. 2. More than 60% of the surveyed motorists :'must exceed a speed of 25 mph. 3. The road must have no more than 2 traffic lanes. 4. The road must have a speed limit of 2S.mph_in accordance with State Law or City Council action. 5. The road must be a local street, i.e.,not on the City's Classified Street System. PROCEDURES 1. After each petition is received, the City Engineer will: a) Verify that each petition contains the required number of signatures. b) Obtain necessary traffic data. 2 City of National City CITY L.OUNCIL POLA L'Y i TITLE: SPEED HUMP POLICIES POLICY NUMBER:* 708 ADOPTED :August 25. 1992 AMENDED OR REVISED: c) Ask the National City Police Department to schedule selective speed enforcement on said street at a level relative to the ranking index for each street. d) Verify compliance that all warrants are met. e) A "Ranking Index" will be determined for each street. Points for assigning priority will be based upon the schedule in the Speed Hump Ranking Form. f) Notify the Police Department, the Fire Department and Ambulance Services. 2. All requests for Speed Humps that meet all policies and warrants will be submitted to the Traffic Safety Committee once every 6 months (in August and February), at which time the T.S.C. will openly discuss all relevant issues. The Traffic Safety Committee will then confirm or adjust the ranking, make a recommendation as to which streets (if any) should receive Speed Humps, and recommend the order in which they should be installed. 3. Prior to the Traffic Safety Committee meeting, the City Engineer will prepare a notice of said meeting or hearing inviting all interested individuals to appear and enter into relevant discussions. These notices will be mailed out to all homes (residents and property owners) along the subject street; at all intersecting streets, and along all significant diversion streets. 4. Speed hump installations will be based on available funding. Those streets that are not funded for a given fiscal .year will be placed on a new ranking list and they will compete again for funding in the next 6 month cycle on an equal basis with all other requests (i.e., there will be no seniority privileges). 3 City of National City VehicleCount-9 Page 1 VehicleCount-9 — English (ENU) L .,sets: Site: Direction: Survey Duration: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: In profile: Traffic Data Service Southwest Vehicle Counts [23801] 9th St. Btwn Edgerton Way & K Ave 8 - East bound A>B, West bound B>A., Lane: 0 16:36 Wednesday, July 25, 2007 => 7:49 Friday, July 27, 2007 M:\Harris\2007\238\2380127Ju12007.ECO (Plus) M278T7ZB MC56 6 [MC55] (c)Microcom 02/03/01 Factory default Axle sensors - Paired (Class/Speed/Count) 17:00 Wednesday, July 25, 2007 => 6:00 Friday, July 27, 2007 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 0 - 100 mph. West (bound) All - (I leadway) Factory default profile Vehicle classification (Scheme F99) Non metric (It, mi, ftls, mph, lb, ton) Vehicles = 255 / 365 (69.86%) • Wednesday, July 25, 2007 - Total=65 (Incomplete) , 15 minute drops _ 0000 010n ono 0300 0400 0500 0600 0700 0900 0900 1000 1100 1200 1300 1400 1500 1'600 1700 1800 1900 2000 2100 2200 2300 5 6 13 16 13 6 6 • 1 nursday, July 26, 2007 - Total=185, 15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1 2 2 1 0 3 8 5 11 9 6 6 4 1 1 0 1 0 I 3 2 3 1 1 1 1 0 1 0 0 0 e 2 1 4 4 3 2 2 0 0 2 0 0 1 3 1 3 2 1 l 1 0 3 0 0 ii 1 0 1 1 7 1 1 C• AM Peak 0745 - 0845 (11), AM P11F-0.69 PM Peak 1430 - 1530 (27), PM PHF=0.68 0 2 7 2 1 1 1300 1.400 1.500 1600 1700 1800 7 18 26 14 9 18 4 2 10 2 1 7 1 4 5 1 3 I 8 6 7 0 1 I 4 5 2 (3 s 3 3 4 3 5 4 1900 2000 13 9 4 3 3 2 li C 4 4 4 1 2 7 1 2 0 2 0 0 0 2100 2200 2300 5 8 0 2 2 0 2 1 0 1 3 0 0 7 0 • Friday, July 27, 2007 - TotaL5 (Incomplete) , 15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1000 1900 2000 2100 2200 2300 0 2 1. 10 1 n 0 0 0 0 0 0 0 0 0 n 0 0 n 0 0 0 0 0 0 VehicleCount-9 Page 1 VehicleCount-9 — English (ENU) Datasets: Site: Direction: Survey Duration: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: In profile: Traffic Data Service Southwest Vehicle Counts [238011 9th St. Btwn Edgerton Way & K Ave 8 - East bound A>B, West bound B>A., Lane: 0 16:36 Wednesday, July 25, 2007 => 7:49 Friday, July 27, 2007 M:\Harris\2007\238\2380127Jul2007.ECO (Plus) M278T7ZB MC56-6 [MC55] (c)Microcom 02/03/01 Factory default Axle sensors - Paired (Class/Speed/Count) 17:00 Wednesday, July 25, 2007 => 6:00 Friday, July 27, 2007 1, 2, 3,4, 5, 6, 7, 8, 9, 10,11,12,13 0-100mph. East (bound) All - (Headway) Factory default profile Vehicle classification (Scheme F99) Non metric (ft, mi, ft/s, mph, Ib, ton) Vehicles = 107 / 365 (29.32%) • Wednesday, July 25, 2007 - Total=52 (Incomplete) , 15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1100 1800 1900 2000 2100 2200 2300 20 15 5 4 2 2 4 5 9 5 3 2 5 r.• 3 0 n. 1 * Thursday, July 26, 2007 - Total=54, 15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1100 1400 1500 16011 1700 1800 1900 2000 O 0 0 0 0 2 3 7 4 3 4 4 1 2 7 3 4 0 3 1 5 O 0 0 0 0 1 2 2 1 1 7 n 0 7 1 2 0 0 1 0 2 O u 0 0 0 0 1 1 0 1 n 3 1 0 0 1 1 0 1 0 1 O u o 0 0 1 0 0 1 1 1 1 0 0 4 0 3 0 1 0 0 O 0 0 0 0 0 6 4 2 0 1 0 0 0 2 0 0 0 0 1 2 AM Peak 0700 - 0800 (7), AM PI IF-0.44 PM Peak 1430 - 1530 (9), PM PHr=0.56 • Friday, July 27, 2007 - Total=1 (Incomplete) , 15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 08.00 0900 1000 1100 1200 O 0 0 0 0 1 2 r. n. 0 0 2100 2200 1 0 0 0 0 0 1 0 0 0 1 0 3 n 0 n 0 0 2300 0 0 0 0 1300 140n 1500 1600 1700 1800 1900 2000 2100 2200 2300 n 0 0 O 0 0 0 0 0 0 0 0 0 0 0 u 0 u 0 0 0 0 0 0 0 SpeedHist-10 Page 1 peedHist-10 — English (ENU) Datasets: Site: Direction: Survey Duration: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: In profile: Speed Statistics Traffic Data Service Southwest Speed Histogram (238011 9th St. Btwn Edgerton Way & K Ave 8 - East bound A>B, West bound B>A., Lane: 0 16:36 Wednesday, July 25, 2007 => 7:49 Friday, July 27, 2007 M:\Harris12007\238\2380127JuI2007.ECO (Plus) M278T7ZB MC56-6 [MC551 (c)Microcom 02/03/01 Factory default Axle sensors - Paired (Class/Speed/Count) 0:00 Thursday, July 26, 2007 => 0:00 Friday, July 27, 2007 1, 2, 3, 4, 5,6, 7, 8, 9, 10,11,12,13 0 - 100 rnph. West (bound) All - (Headway) Factory default profile Vehicle classification (Scheme F99) Non metric (ft, mi, ft/s, nuph, Ib, ton) Vehicles = 185 / 365 (50.68%) Vehicles = 185 Posted speed limit - 0 mph, Exceeding - 185 (100.00%), Mean Exceeding - 17.63 mph Maximum - 34.0 mph, Minimum = 3.8 mph, Mean = 17.6 mph 85% Speed - 22.8 mph, 95% Speed - 28.2 mph, Median = 17.9 mph 10 mph Pace 13 - 23, Number in Pace - 109 (58.92%) riance 36.94, Standard Deviation .. 6.08 mph Speed Histogram SpeedHist-10 (Nnnetric) Site: Z5e31.0iAE Description: 9h St Elm EdjettiVlfy& KAe Filter time:000 Mush, 1fy 2007=>(t00 Frith .1ty27,ail Filter: as( 1234567891011 1213) Dir(1.4: (0,100) Hadne,(>( Scheme: idedasifi ui(alHIeF99j L a E Number of Vehicles(1 0 14 2.8 42 `b ) 84 Speed (mph) 112 126 140 SpeedHist-10 Page 1 SpeedHist-10 - English (ENU) Datasets: Site: Direction: Survey Duration: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: In profile: Speed Statistics Traffic Data Service Southwest Speed Histogram [23801] 9th St. Btwn Edgerton Way & K Ave 8 - East bound A>B, West bound B>A., Lane: 0 16:36 Wednesday, July 25, 2007 => 7:49 Friday, July 27, 2007 M:\t Iarris\2007\238\2380127JuI2007. ECO (Plus) M278T7ZB MC56-6 [MC55] (c)Microcom 02/03/01 Factory default Axle sensors - Paired (Class/Speed/Count) 0:00 Thursday, July 26, 2007 => 0:00 Friday, July 27, 2007 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 0 - 100 mph. East (bound) All - (Headway) Factory default profile Vehicle classification (Scheme F99) Non metric (ft, mi, ftfs, mph, Ib, ton) Vehicles - 54 / 365 (14.79%) Vehicles = 54 Posted speed limit = 0 mph, Exceeding = 54 (100.00%), Mean Exceeding - 15.97 mph Maximum = 31.9 mph, Minimum = 5.5 mph, Mean = 16.0 mph 85% Speed 21.5 mph, 95% Speed = 25.5 mph, Median = 15.4 mph 10 mph Pace = 9 19, Number in Pace = 34 (62.96%) Variance = 33.54. Standard Deviation = 5.79 mph Speed listogram SpeedHist-10 (tinmetric) Site: ,aiin. W Description: 9hs HwiatatcnNt i&KAe Filter time: 000111rsdv,Jtlyak 207=> (KO Dicky,J/y27, dlit/ Filter: as(12345678910111213) Dirt) 4.1(0.1I) ,(>1 Scheme: Veridedassilicatim pi. re 1-99j Number of Vehlcles(1 mph) 0 14 28 42 1-6 70 84 Speed (mph) 140 City of National City, California COUNCIL AGENDA STATEMENT dEETING DATE September 4, 2007 AGENDA ITEM NO. 7 /ITEM TITLE Resolution of the City Council of National City authorizing the City Engineer to approve installation of one blue curb handicap parking space in front of the residence at 523 E. 5"' Street (A. Torres, TSC Item No. 2007-29) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION d • pt the Resolution. OARD / C'OMMISSION RECOMMEDATION At their meeting on August 8, 2007 the Traffic Safety Committee approved installation of one blue curb handicap parking space in front of the residence at 523 E. 5"' Street. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) Explanation Mrs. Alda Torres requested installation of a handicap parking space in front of her house located at 523 E. 5th Street. Mrs. Torres is disabled and has a valid "Disabled Person Parking Placard". Staff visited the site and observed that no off-street parking is available. In addition, staff did not observe any on -street handicap parking spaces in the immediate vicinity of Mrs. Torres' residence. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street, parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing one blue curb handicap parking space with sign in front of the residence at 523 E. 5th Street. At their meeting on August 8, 2007 the Traffic Safety Committee approved the staff recommendation. Work will be completed by the City Public Works Department. Engineering Department staff will investigate the status of existing blue curb handicap parking on an annual basis (every January) to determine if removal is warranted based on changes in residency or handicap status. TSC 2007-29 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF ONE BLUE CURB HANDICAP PARKING SPACE IN FRONT OF THE RESIDENCE AT 523 EAST 5TH STREET (A. TORRES, TSC ITEM 2007-29) WHEREAS, National City resident Mrs. Aida Torres, who has a valid Disabled Person Parking Placard, has requested the installation of a handicap parking space in front of her home located at 523 East 5th Street; and WHEREAS, during an on -site inspection, staff found that there was no off-street parking available, nor were there any on -street handicap parking spaces in the immediate vicinity of Mrs. Torres' residence; and WHEREAS, at its meeting on August 8, 2007, the Traffic Safety Committee approved the installation of one blue curb handicap parking space in front of the property located at 523 East 5th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish one blue curb handicap parking space in front of the residence located at 523 East 5th Street. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 8, 2007 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 523 E. 5TH STREET (BY: A. TORRES) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Alda Torres is requesting the installation of a handicap parking space in front of her house located at 523 E. 5"' Street. Mrs. Torres is disabled and has a valid "Disabled Person Parking Placard". Staff visited the site and observed that no off-street parking is available. In addition, staff did not observe any on -street handicap parking spaces in the immediate vicinity of Mrs. Torres' residence. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 523 E. 5`h Street. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 523 E. 5th Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. City Council Policy for Disabled Persons Parking 2007-29 - DEPT. -To k,..\(-IoNr-i-N n\-5N" Or) vta.J). \`sr.-w k\• V\S\4 REMOVE FROM MIRROR BEFORE DRIVING VEHICLE CALIFORNIA EXPIRES JUNE 30 2009 "WARNING: The illegal use of a disabled parking placard could result in a maximum fine of $3.500." v 1 cv -o cn 0 z 520752 J PURCHASE OF FUEL ;Business 3 Professions Cade 13660) State law rea::ires service stations to re`ue' a disabled person's vehice at self-service rates. except at service facilities with or: y one employee or Cu:y. A Public Service Agency DISABLED PERSON (DP) PARKING PLACARD Enclosed are your 2009 DP Placard and Placard Identification Card (ID), which have been renewed and processed by DMV. If a 2009 placard has already been received, the placard owner Is no longer at this address, or the placard owner is deceased. the placard must be returned to your local DMV office or mailed to: r• Department of Motor Vehicles P.O. Box 942869 M/S E271 Sacramento. CA 94269-0001 Please use this placard responsibly. Protect your parking privileges and help eliminate placard abuse by never allowing your placard to be used by others (even family members or friends) when you are not being transported in the vehicle. To avoid misuse, please destroy your previously issued placard. WARNING: Placard misuse is a misdemeanor, which can result in cancellation, revocation and Toss of parking privileges, and subject to fines up to $3,500 and/or imprisonment up to 6 months in the county Jail. (See explanation of misuse on the enclosed DP ID Card). PEG 6001 (REV. 11,2006, 1 TYPE: N 1 TV: 92 DOB: 04/17/1931 ISSUED TO TORRES ALDA P 525 E 5TH ST NATIONAL CITY CA. 91950 Purchase of fuel (Business & Professions Code 13660): State law requires service stations to refuel a disabled person's vehicle at self-service rates. except self-service facilities with only one cashier. DEPARTMENT OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: 520752J EXPIRES: 06/30/2009 DATE ISSUED: 04/10/2007 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, you may park in or on: CO: 37 * Disabled person parking spaces (blue zones) • Metered zones without paying. Green zones without restrictions to time limits. Streets where preferential parking privileges are given to residents and merchants. You may not park In or on: Red, Yellow, White or Tow Away Zones. • Crosshatch marked spaces next to disabled person parking spaces. It Is considered misuse to: • Display a placard unless the disabled owner is being transported. " Display a placard which has been cancelled or revoked. ' Loan your placard to anyone, including family members. Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines. Ott JPPOvJ Fiev(3lJ1) .i L O C CL a Y C C ..., a+ e h. i. V) s V> r..1 tM N V1 DISA31.= PETS:NS L=C' The gurt7ose of a disabled persons parking :cne is to pruvide desigiat_d parking spaces at major points of assembly for the exclusive use of physi- cally disabl-d persons whose vehicle displays a distinguishing License plate as author;-_ed by the California Depa=ient of Motor Vehic'_es. The City Council may upon recommendation of the City Engineer, designate specially marked and posed an -sweet parking spaces for disabled persons pursuant to Calfar_.ia Vehicle Ccd2 2 101, et seq. at the folio -wing facilities: 1. Gover-n "t j4nas serving the public sti i as administration b ii ii- gs, public employment offices, Public libraries, police st_.tians, eta. 2_ Hospitals and cenvalesc nt homes witi more than 75-bed capacity. 3. M(edical facilities and cccters' offices saf=e by a ma_:ir.1_-a cf lye or ctit_cners. ?ones shall be located tc serve a max 'r'n-R number cf facilities an one block. 4. C.?RIII1.n± 7.7 se -r.ca =� ch ai senior c =t::ens C'_^_tzrseta. 5. vccat=cT.a7 training and e..-i:C icna na a> sue_ yet *Jaricing g i provicied for ± .sob l per=ins . 6. Euplcvment c_= _C'S Ecr ra jar .tar rises e..oicying mere ±a+l zoo tersans _ 7. Public facilities : 1 :7111± cols, ha?' , rau_etfs, etc. 8. P72.c1ic , (.ilr i r= IIIS, et ng hails , r r..aS, more than ::00 seat ..^_g c_aracirr. 9. Other p1.acus of assembly such as s`hc01.5 and c. urahes_ 10. Comer=ial and/cr of'ce bui1d'ng(s) w-_ih an agg egaze cf :Lore t`an 3iJ,000 c=e fee- ci usable`_=car si.ac_ _ one ,hail be 1CCted :c serve a :` -1 _cue_- oi c-' :.__ems Cn cne J.icC1c- 1 :. E'ci.' 1 ;i 1...:1t'r .g �� lit =i�! and ,_ er icbCV J.? _ A :'1c Z' lCT�. -o' <"_'7. .J li. _T:(.: .. _ ! J'. and =0 _7 T'.1._.l._e _-v_ j .�.. .. _,_. �1�7L� % .hl..'_:.._ _..��(��..♦ _.^Ll- Ea[.!: disabled ;.ersuns paring ',:,ace mall ;e Indicate:_ 'Dy blue pa nr and a sign (wh i7 '- on ;flue) showing the Inte r a::cna_ `_',vncO1 of notes it ll Lr / (a profile view of a wheelchair with oc_cnnanr) . Where installed Under the above criteria t.:e total umber of disabled persons curb parking spaces will be l ignited to 3 or che total number of on -street parking snaces available in the area and shall he distributed uniformly within the area. Disabled persons parking will not be installed at locations with a run- time parking prohibition. When a disabled persons parking _one is installed where a part-cime parking prohibition is in the disabled persons park- ing :one will have the same time restricitcns as the part -tine parking prohi- bition. The cost of installing disabled persons Dark:ng will 'oe assume.'_ by the C:ty on public streets and public off-:.itreet parking facilities. In establishing on -strut parking rac-? :t _es for the disabled there shall be a reasonable determination made that the need is of an ongoing nature. The intent is to prevent the proliferation of serial parking stalls that may be installed for a short -tern purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the (Lc 's main- tenance and operations c )5:_.j, reduce available on -street parking for the general public, and det_ac from the overa17 c::fectiveness of the disabled persons parking program. Sr e LaI Har:iamb Cases Et is not t:1e int_ent:on of r!le City to provide personal res•r-lee: parking OR the public __g^t-01:var , et,b]cial_I / in residential ,2:.-. (i C:ve♦e',excep- tions may he .:aclv�, _n sec:al har:"hLp cases, frov1dea all of the ai1owing cond:t ons exist: (1) Applicant (or guardian) imist he .n possession of valid 1 :cene plate for "disabled pe: Jns" or "disabled veterans." (:) The proposed disabled parking space mIlLz be :n _:out of .lie annl._c_anc' s rcr guar::. an's) place of residence.' (;) Suuie'_: residence mist not have 'useable of-_-'ii -'r parkingable or of= - sir aer. .1.:(:- available _ at may be c:nve::. ' into disabled .327. es i. r r t,._ .:`.i _-U i1: �: ..._ �'.\- : Vic' City of National City, California COUNCIL AGENDA STATEMENT iEETING DATE September 4, 2007 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of National City authorizing the City Engineer to approve installation of one blue curb handicap parking space in front of the residence at 1334 Scott Drive (F. Gallegos, TSC Item No. 2007-30) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the 'on. 66 / C ISSION RECOMMEDATION At their meeting on August 8, 2007 the Traffic Safety Committee approved installation of one blue curb handicap parking space in front of the residence at 1334 Scott Drive. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) Explanation Mrs. Felicitas Gallegos requested installation of a handicap parking space in front of her house located at 1334 Scott Drive. Mrs. Gallegos is disabled and has a valid "Disabled Person Parking Placard". Staff visited the site and observed that no off-street parking is available. In addition, staff did not observe any on -street handicap parking spaces in the immediate vicinity of Mrs. Gallegos' residence. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing one blue curb handicap parking space with sign in front of the residence at 1334 Scott Drive. At their meeting on August 8, 2007 the Traffic Safety Committee approved the staff recommendation. Work will be completed by the City Public Works Department. Engineering Department staff will investigate the status of existing blue curb handicap parking on an annual basis (every January) to determine if removal is warranted based on changes in residency or handicap status. TSC 2007-30 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF ONE BLUE CURB HANDICAP PARKING SPACE IN FRONT OF THE RESIDENCE AT 1334 SCOTT DRIVE (F. GALLEGOS, TSC ITEM 2007-30) WHEREAS, National City resident Mrs. Felicitas Gallegos, who has a valid Disabled Person Parking Placard, has requested the installation of a handicap parking space in front of her home located at 1334 Scott Drive; and WHEREAS, during an on -site inspection, staff found that there was no off-street parking available, nor were there any on -street handicap parking spaces in the immediate vicinity of Mrs. Gallegos' residence; and WHEREAS, at its meeting on August 8, 2007, the Traffic Safety Committee approved the installation of one blue curb handicap parking space in front of the property located at 1334 Scott Drive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish one blue curb handicap parking space in front of the residence located at 1334 Scott Drive. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 8, 2007 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1334 SCOTT DRIVE (BY: F. GALLEGOS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Felicitas Gallegos is requesting the installation of a handicap parking space in front of her house located at 1334 Scott Drive. Mrs. Gallegos is disabled and has a valid "Disabled Person Parking Placard". Staff visited the site and observed that no off-street parking is available. In addition, staff did not observe any on -street handicap parking spaces in the immediate vicinity of Mrs. Gallegos' residence. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 1334 Scott Drive. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 1334 Scott Drive. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. City Council Policy for Disabled Persons Parking 200/-30 "WARNING: The Illegal use of a disabled parking placard could result In a maximum fine of 83,500." 522603 PURCHASE OF FUEL (Business & ereessions Coda 13660) State law requires service stabols to refuel a disabled person's vehicle at self-service rates, except akseryipa facilites with only one employee an duty 1/EA 1/ 14(12658732 Fnencisco GIL M.D. F41A4.v Po4.6ncT 502 S. Emu° AVENUE. Sun E 300 NATIONAL Cov. CA 91950 619-4 0622 FAX:619-479 106 1-/C No. AA 7839 N4(4E AOIMESS 7 1( 27.'J 4:-737;12-- eu-e_sL__ 9.10 ,)33r 3c_c2// 194 IXBEL AU/1-TO WA- Cfrq- Zbc5-S2 e? To mum BRAND NAME IXSPEMMOG, CHECK MID INTTIAL VOL Rcr Kt. TIMES 12A1P14 OT TRIO71412 1007.14011.1 28_01_511541_01:C6 CT) (X) ri cD ULJ Cfl Pr. I •11 IS Location Map 1334 Scott Drive (looking south) DISkrLED �CNS ?^RK:NG • The purose of a disabled persons parking ccne is to provide designated parking spatas at majcr points of assembly far the exclusive use of physi- cally disabled persons whose vehicle displays a distinguishing License plate as author__ed by the California Department of Motor Vehicles. The City Council may upon re'•-mmezdar.icn of the City E^.gireer, designate specially marked and posted -an -street parking sacs for disabled persons pursuant to Ci1f:.r_.ia Vehicle Ccce 21101, et seq. at the following facilities: l _ Government buildings serving the public such as administration buildings, public emplcyment offices, public libraries, pclica stations, etc. Z_ Fospir l s and cmvalesc_Tnt homes with more t'-.ar_ i 5-bed c pacit'r. 3. Medic3l facilities and doctors' o=__ces s-affad by a maximum cf five oracciticrers. Zones shad be lccatad tc . eve a .ra.:c -"I number cf facilities cn cne bicck. 4. C^aaunizr service facilities suca as senicr citizens serr ce cent2r' etc. 5. :1e__ .._... vcc:stIcr•=, t--:iz..ing and ...:cat c^s rrc' --._� no of=-st='et parting Ls provided Ear dis- red ne 6. EmnicYmeT_ir Of:f c. s Earnj0r am rr_ses e'S.D ia`r_og 31 r _ ?'JO rerss . 7. Publ!c r` r az-anal fact i __es Lac_-cd_ng 7IIa:_c. "3L i n : g cols, Zl C'.ci__s , Tlili c'--.:L: , t... 8. PubI c t_`:eatars, c _-sr_ n5, meectng hails, arenas, _t_c_=is more :Han 50(J seating ^;ratio_ 9. Ott'�r piacas al': ass e'_DL.r sUC..'1 as schcols and churches. 10. CommPrtih1 andlcr af.= :ce "_. ,n agg gata cf .-rc= e than =0,000 :71.3 7. 'aer CL n able Elcor tic - i "12'_ 1Cc2t2'-: :c serve a ,:J..:im._-~i mmber ai :: c'! :r cne i�1CGi_ 11. %O 1� c_ata'_ 7 ;.i1_ ! �� �nai.- �Z� L7G cc and a 7w:_� C_ar - i c-rcr- .--": c:r 12. A 7C: ' _=C ca%.'_:__�} :re`-.'{.;,r or c _ ±_y J '- - j and .' c. ra La ad:_'1_-_::., __err_.._ :'r:cr. _tea recces a: J _ "-' _ •-.a. ••—_� . ea.n c rem ,.e.t.a Each < i`-ii)le'_ ;:e, sons parking 'ti acc steal_ Iraica__._ l)v blue paint: and a sign (white on blue) showing the inc.Inational ='/mi ii or ac:.:',2ssiiil i r'I (a profile view or a wiieelcnair with occirnanr). Where Installed under the above criteria t :e total ni:±er of disabled persons curb parking spaces will be limited to 31 of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at lc'cations with a full- time parking prohibition. When a disabled persons parking zone is installed where a par -time parking prohibition is in effec_, the disabled persons park- ing :one will have the same time restricitens as the part-time parking prohi- bition. The cost of installing disabled persons parking will be assumed by the Cirj on public_ streets and public off-streetparking facilities. In establishing on -street parking fac.L it_es for the disabled there hall be a reasonable determination made that the need is of all on -going pat-. re. The intent is to prevent the proliferation of ec:al parking stalls that inay he installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls ur1P.'''' r l;r increases the .City's main- tenance and ope'_'ations costs, reduce. available on -strut parking for the general 1n)nllc, and cietract from the overall effectiveness or rhe, disabled persons pa_.'__:ng program. : oe' ial 14.:-tr:-.1sn'p Cases 1t is nor. the Intention of the Clr,/ to provide perscrai reser-ved :)irking on the pu:Di'.0 _ g_'lt-of-wiiy, especially in re�idearlal ai-.'a-. ircwe`er, xc`_"J- t'_oiis may be .:'.due, it s t'cial ha:-:i:--1 p cases, Provided ail or the F.ol.lcwtrig conditions Applicant (or guardian) rnu_st he in possession cf zai'c? plates for "disabled persons" or "disabled vet2r-ans." (;'1 The proposed di -able.^_ parking space :w r, be in i-nnt of the applicant's (or g :ardion' s) pL c :ii res idcnc2. :iub)e'c: residence must_ not have 1se''b1e or_ 'jr.='r"r par:; n; avaL able or of=-st:"_et Dace ova ;;.";I)_e t_'.at.. may he ccnver`ed c1i•anl':i 7:ark'nv. ?'�"r•.- - te-- be .v1-.^c_:' ,,-...-:. _ .r. 1 -7C7 rese7.-e.: _;_:a �.;;.ice =_".' :e n .c _.._' _(: •`�::. -, ......_ ;.:er c2n_t. piaz jai City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE September 4, 2007 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of National City authorizing the City Engineer to approve installation of 3 feet of red curb "no parking" on each side of the alley located on the south side of 18th Street, east of Prospect Street (Resident of 2220 E. 18th Street, TSC Item No. 2007-31) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION /#4. 0 1 ' / COMMISSION RECOMMEDATION At their meeting on August 8, 2007 the Traffic Safety Committee approved installation of 3 feet of red curb "no parking" on each side of the alley located on the south side of 18th Street, east of Prospect Street. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation l 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) Explanation A resident of 2220 E. 18th Street requested installation of red curb "no parking" adjacent to the alley located on the south side of 18th Street, east of Prospect Street (just east of his residence). The gentleman mentioned that parked vehicles at times partially block the alley, which can obstruct vehicular access to the alley and residences. The resident's name and phone number were not provided in the correspondence. Staff visited 2220 E. 18th Street on several occasions to obtain this information, but was unsuccessful. Staff visited the site and agrees that red curb is warranted. Since the alley is signed one-way for southbound traffic (inbound), staff recommends painting 3 feet of red curb "no parking" on each side of the alley. Work will be completed by the City Public Works Department. TSC 2007-31 RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF THREE FEET OF RED CURB NO PARKING ON EACH SIDE OF THE ALLEY LOCATED ON THE SOUTH SIDE OF EAST 18TH STREET, EAST OF PROSPECT STREET (TSC ITEM 2007-31) WHEREAS, a resident of 2220 East 18th Street has requested the installation of red curb no parking adjacent to the alley located on the south side of East 18th Street, east of Prospect Street because parked vehicles at times partially block the alley, which can obstruct vehicular access to the alley and residences; and WHEREAS, site inspection verifies that red curb is warranted, and staff recommends painting three feet of red curb no parking on each side of the alley; and WHEREAS, at its meeting on August 8, 2007, the Traffic Safety Committee approved the installation of three feet of red curb no parking on each side of the alley located on the south side of East 18th Street, east of Prospect Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish three feet of red curb no parking on each side of the alley located on the south side of East 18th Street, east of Prospect Street. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 8, 2007 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ADJACENT TO THE ALLEY ON THE SOUTH SIDE OF 18T" STREET, EAST OF PROSPECT STREET (BY: AREA RESIDENT) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: A resident of 2220 E. 18th Street is requesting the installation of red curb "no parking" adjacent to the alley located on the south side of 18th Street, east of Prospect Street Oust east of his residence). The gentleman mentioned that parked vehicles at times partially block the alley, which can obstruct vehicular access to the alley and residences. Staff visited the site and agrees that red curb is warranted. Since the alley is signed one-way for southbound traffic (inbound), staff recommends painting 3 feet of red curb "no parking" on each side of the alley. STAFF RECOMMENDATION: Staff recommends painting 3 feet of red curb "no parking" on each side of the alley located on the south side of 18th Street, east of Prospect Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 2007-31 Cs.r.P.S.21.••••••••••...01.... • . • -"` j 72-7 717fr ° rod, L') <V? Location Map Alley on 18th Street, located east of Prospect Street (looking southeast) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 4, 2007 AGENDA ITEM NO. 10 ITEM TITLE Resolution Approving a Tentative Subdivision Map and Conditional Use Permit for 22 Residential Condominium Units with Exceptions for Less Than Required Setbacks and Building Separation on an Approximately One Acre Vacant Site Bordered by East 8th Street and Harbison Avenue. (Applicant: Joseph Bendah, for Nationwide Enterprise, Inc.) (Case File No. 2007-24 S, CUP) PREPARED BY Angela Reeder 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the August 21, 2007 public hearing. The attached resolution is needed to follow through on the action. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. RcP BOAR / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Bolan) resolution No. i, Resolution A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR 22 RESIDENTIAL CONDOMINIUM UNITS WITH EXCEPTIONS FOR LESS THAN REQUIRED SETBACKS AND BUILDING SEPARATION ON AN APPROXIMATELY ONE ACRE VACANT SITE BORDERED BY EAST 8114 STREET AND HARBISON AVENUE. APPLICANT: JOSEPH BENDAH, FOR NATIONWIDE ENTERPRISE, INC. CASE FILE NO. 2007-24 S, CUP WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for 22 residential condominium units with exceptions for less than required setbacks and building separation on an approximately one acre vacant site bordered by East 8th Street and Harbison Avenue on property generally described as: Parcel A, the westerly 50 feet; Parcel B the easterly 96 feet of the westerly 146.00 feet; and Parcel C that portion of Quarter Section 106 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, by Morrill, filed in the Office of the County Recorder of San Diego County, May 11, 1869 WHEREAS, the Planning Commission of the City of National City considered said application at a public hearing held on August 6, 2007, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on August 21, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. 2007-24 S, CUP, which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State 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 City Council of the City of National City, California, that it hereby approves a Tentative Subdivision Map and Conditional Use Permit for 22 residential condominium units with exceptions for Tess than required setbacks and building separation on an approximately one acre vacant site bordered by East 8th Street and Harbison Avenue, based on the following findings: The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential development, at a density of 22.7 units per acre, is consistent with the uses and density, 22.9 units per acre, permitted in the Limited Commercial (CL) Zone, the proposal adds infill development suitable for families as described in the report, and since there is no specific plan applicable to the property. Resolution No. 2007 — September 4, 2007 Page 2 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, and since there are no unusual geologic hazards on -site. 3. The site is physically suitable for the proposed density of development, since the two- and three-story units will buffer an established single-family neighborhood adjacent to the east from existing and approved institutional development along East 8th Street, and since site improvements will ensure adequate driveway access to each unit. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no native habitat nor bodies of water on the site, and the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services and improvements will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no easements are known to exist on the site and any easements located on the site will be relocated prior to map recordation. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the L- shaped 0.96 acre property can accommodate development of 22 two- and three-story townhouses with on -site parking, ten on -site guest parking spaces, private access driveways, and common landscape areas. Resolution No. 2007 — September 4, 2007 Page 3 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since nearby local residential streets, Harbison Avenue, and the major collector, East 8th Street, all have sufficient capacity to handle the additional average daily trips without suffering a significant decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the unit design is compatible with the adjacent residential and commercial development, and enhanced landscaping will screen the proposed development from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for the adjacent hospital workforce population as well as moderate and middle income families, allowing for mobility in the housing market. FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR SETBACKS AND BUILDING SEPARATION 1. Due to the slope of the parcel that restricts development of multi -family development on the property, the strict application of Title 18, Land Use Code in regard to building setbacks deprives the property owner with the ability to develop the property to accommodate required parking and adequate housing units that incorporate principles of the City's Design Guidelines. 2. The requested exceptions are subject to such conditions which will assure that the reduced setbacks 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 development have similar setbacks. 3. The requested exception for reduced building separation does not authorize a use or activity that is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since multi -family development is a permitted use in the Commercial Limited, CL, zone and since the proposed development would appear as typical condominium units whereas each unit would be detached structures. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit for 22 residential condominium units with exceptions for less than required setbacks and building separation on an approximately one acre vacant site bordered by East 8th Street and Harbison Avenue is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the development of 22 condominiums for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits "A", "B", and "C", Case File no. 2007-24 S, CUP dated July 18, /2007. Resolution No. 2007 — September 4, 2007 Page 4 2. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, 24" box specimen trees along the south property line and along the west property line beside the driveway from 8th Street to reduce noise and glare on adjacent properties, enhanced decorative paving for the patios and courtyards, and a wrought iron fencing for the area south of the parking garage with locked, gated access. 3. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, and open spaces, prior to approval of the final map. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. The CC&Rs shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 4. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attomey as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 5. Plans must comply with the 2001 editions of the California Building Code, the Califomia Mechanical Code, the California Plumbing Code, the 2004 Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. A color board shall be attached to project elevations for review and approval by the Planning Department prior to submittal of building permits. 8. The applicant shall provide documentation from the local trash service provider, EDCO, that service can be safely accommodated as proposed, prior to the issuance of any building permits. Any exterior trash enclosures shall be provided in accordance with city standards and shall include stucco finish and a solid roof to match the buildings. 9. Exterior walls of buildings/walls/fences/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. Resolution No. 2007 — September 4, 2007 Page 5 10. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 11. 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) approved SUSMP documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 12. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 13. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 15. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 16. A sewer permit and fees will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new Sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. Resolution No. 2007 — September 4, 2007 Page 6 17. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 18. The deteriorated portions of the existing street improvements (sidewalk 10') along the property frontages shall be removed and replaced. 19. 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. 20. Street improvements shall be in accordance with City Standards. All missing street improvements (sidewalk 146') shall be constructed. Abandoned driveway aprons (20') shall be replaced with curb, gutter and sidewalks. 21. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 22. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 23. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Code including certification, acknowledgement, complete boundary information and monumentation. 24. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 25. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 26. All utility distribution facilities within the. boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground two poles. Resolution No. 2007 — September 4, 2007 Page 7 27. The final map shall be recorded prior to issuance of any building permit. 28. All new property line survey monuments shall be set on private property, unless otherwise approved. 29. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 30. The applicant must provide a Standard Urban Storm Water Mitigation Plan (SUSMP) that provides Site Design, Source Control and Treatment Control Best Management Practices, which are in compliance with the City SUSMP Ordinance to the Engineering Department. 31. Any new water services installed to serve the proposed project will require the installation of backflow prevention assemblies, and water meters cannot be located within three feet (3') of the edge of the driveway apron. 32. The project shall be designed, developed, and constructed in compliance with the Califomia Fire Code (CFC) 2001 edition or CFC in effect at the time of permit issuance and the most current National Fire Protection Association (NFPA) standards as adopted by the City of National City. 33. The property must be addressed in a manner clearly visible from the street, subject to the satisfaction of the National City Fire Department. 34. Fully automatic fire sprinkler and standpipe systems will be required, subject to the satisfaction of the National City Fire Department. 35. A minimum clear width of access (driveway) roadways must be 20 feet with a minimum clear vertical height of 13 feet 6 inches. Corner radius must be a minimum of 28 feet throughout the project, subject to the satisfaction of the National City Fire Department. 36. An estimated minimum fire flow requirement with a fully automatic fire sprinkler system installed will be 1,125 gpm measured at 20 psi residual pressure with a flow duration of two hours is required. 37. 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 environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. Resolution No. 2007 — September 4, 2007 Page 8 38. Before this Subdivision and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 39. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. The Conditional Use Permit shall expire concurrently with the Tentative Map. 40. The applicant will work with the City Traffic Engineer to arrive at the appropriate traffic signage and tuming approaches, including tum lanes and/or signage precluding left tums, so as to not negatively impact the traffic circulation in the neighborhood, to the satisfaction of the City Traffic Engineer. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 09/04/2007 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City Authorizing waiver of the formal bidding process, and awarding a contract to Progressive Solution, Inc. for Alarm Permitting & False Alarm Billing and Software Services. PREPARED BY Gabby Soriano 336-4378 DEPARTMENT MIS EXPLANATION lhe City's current software for alarm billing is limited in support. unreliable, inefficient, impedes the City's ability to collect alarm fees, and false alarms. Staff have evaluated the software system provided by Progressive Solutions, Inc., and concluded that this system would accurately track billing and false alarms, is the best system available, and is the only system available to meet the City's unique requirements. 1. M.I.S. and Finance have worked with Progressive Solutions on the cashier and business license project, and are comfortable with the quality of their work, their technical expertise. and reliability. M.I.S. also has first hand knowledge (and confidence in) Progressive Solution's engineering services and support capabilities. Progressive Solutions has already integrated their cashiering and business module with our financial system providing a benefit for the purchase of the additional alarm module. 2.Since Progressive was Involved in building the City's cashier and business license system. they understand the scope of work. 3. Progressive Solutions Is familiar with M.I.S. and Finance Projects for the City. and understands the immediate and long term goals for software projects. (le. payments over the internet) 4. There is a one time software setup, installation, and conversion of $17,400.00. 5. Contract term is 1 year with option to renew. Purchasing Agent will negotiate annual approximate renewals of $2200.00 a year. Environmental Review 1 N/A Financial Statement Funds will be used from the Alarms Fees Account No. 211-411-000-502-0000 STAFF RECOMMENDATION City staff recommends that the formal bidding requirement be waived, and that Progressive Solutions, Inc„ be awarded the contract Alarm Permitting & False Alarm Billing Software. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Progressive Solutions Proposal for Alarm Permitting and False Alarm Billing Software and Service. A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS AND AWARDING A CONTRACT TO PROGRESSIVE SOLUTIONS, INC. FOR ALARM PERMITTING AND FALSE ALARM BILLING, AND SOFTWARE SERVICES WHEREAS, the City's current software for alarm billing is limited in its support, is unreliable, inefficient, and impedes the City's ability to collect alarm fees and false alarms; and WHEREAS, Staff has evaluated the software provided by Progressive Solutions, Inc., and concluded that this system would accurately track billing and false alarms, it is the best system available, and it is the only system available to meet the City's unique requirements; and WHEREAS, pursuant to Section 12.60.220(B) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the commodity can be obtained by only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need; and WHEREAS, the City has determined that Progressive Solutions, Inc. is qualified by experience and ability to perform the services desired by the City, and Progressive Solutions, Inc. is willing to perform such services for a one-time software setup, installation and conversion of $17,400; for a term of one year with an option to renew; and annual approximate renewals of $2,200, which will be negotiated by the City's Purchasing Agent. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds that Progressive Solutions, Inc. is the only source from which the desired services are available, and awards the contract for Alarm Permitting and False Alarm Billing, and False Alarm Billing and Software Services to: PROGRESSIVE SOLUTIONS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract between Progressive Solutions, Inc. and the City of National City for Alarm Permitting and False Alarm Billing, and False Alarm Billing and Software Services. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attomey Progressive Solutions° Proposal for Alarm Permitting & False Alarm Billing Software and Services for the City of National City Progressive Solutions® Glenn R. Vodhanel P.O.Box 783 Brea, California 92822-0783 (714) 671-1597 Progressive Solutions''' June 11, 2007 TABLE OF CONTENTS A. Alarm Permitting and other Services 4 B. Scope of Services 7 C. Firm History and Key Personnel 10 D. Compensation 11 E. Relevant Experience/References 13 F. Sample Screens, Reports & Documentation 14 G. Web Payment Samples 21 H. Options 30 Progressive Solutions"' 2 June 11, 2007 PROGRESSIVE SOLUTIONS° POBox 783 Brea, California 92822-078 3 (714)671-1597 Vuice (7/4) 255-9775 1•'acsnnile June 11, 2007 Mr. Gabby Soriano, IT Coordinator City of National City 1243 National City Blvd. National City, CA 91950-4397 Thank you for the opportunity to respond to your request for proposal. Please allow me to re -introduce our company and services. The Company. Progressive Solutions a California corporation, located in the city of Brea, has assisted cities with their data processing needs since 1979. The Company currently has thirty cities and water districts (Utility Billing) as clients and offers several other software products. Purpose. The Company's mission is to provide the finest software and support available anywhere. We are unique in the marketplace for three reasons: • our commitment to service, • the close attention we pay to our clients' needs and the incorporation of client suggestions in software design and enhancements, and • availability, for training and software modifications, of the experts who designed the software. Software The attached estimate includes specifications and feature information for AlarmTrack'", the premier Windows' based Alarm Permitting and false alarm billing municipal software system. AlarmTrack" has gone through many changes and enhancements to reach its present form. Our Windows' version has been in use for over 9 years and has benefited from a stead stream of upgrades based upon customer requests. Thank you for considering Progressive Solutions for your licensing and permitting software needs. • AlarmTrack" operates on Windows' NT and Novell systems. • In most cases our software is flexible enough to adapt to your City's needs without the need for additional programming. • We have an extensive audit trail coupled with simple and effective system security. • PSI software support is only a phone call away. We provide quick response and knowledgeable support staff available to you from 8:00 AM through 5:00 PM. In the following pages you will find brief descriptions of the system features that Progressive Solutions" has recognized as important in an alarm permitting and false alarm billing software system. We will be pleased to provide you with any additional information needed in making your vendor selection. Respectfully Submitted, is �.alw/ Glenn R. Vodhanel Progressive Solutions 3 June 11, 2007 A. Alarm Permitting and other Services AlarmTrack" 98/NT/ 2000 and Windows`'' XP AlarmTrack- has been designed for reliability and flexibility. Features have been designed as table-driven options to ensure complete flexibility. AlarmTrack' was designed with extensive input from data entry clerks and customer service representatives --the people who use the system with the greatest frequency. Most day- to-day operations may be handled from a single screen for fast and efficient processing. • AlarmTrack' uses the Microsoft SQL Server database engine. Data entry and modifications are controlled through C++ programs that implement extensive data validation. With a web interface, AlarmTrack' has the ability to accept renewals and applications and payments over the Internet. Optional ad -hoc invoicing is integrated into the system, supplementing the regular invoicing function. > Ad hoc reporting is available as well as the ability to export data into Excel or Quattro Pro or any other ODBC compliant application. Accounts may be located by searching anv fields such as customer name, address or account number. Our system handles multiple charges and late fees. In fact virtually any method of charging you can dream up, AlarmTrack can accommodate. > Additional information such as home or work phone numbers, associated parties (landlord and tenant information) are easily maintained and retrieved. • An extensive note subsystem allows tracking of specific items through customer records. > Linked accounts allows a parent account to have unlimited associated accounts and the system allows the user to quickly switch between "parent" and "child" accounts. When financial reports are run, linked accounts can be grouped. > Linked files allow the attachment of any kind of file or scanned document to an account. > Fire, Police, Planning or any other department can process approvals on-line. > Account name, latitude and longitude can be exported & passed to GIS system. Tight integration with your existing Ca$hierCentral for printing to a receipt/validation printer and existing electronic interface to your GL. > Optional integration with fingerprint recognition hardware for access control. > The system supports data import/export of system data to a laptop. Progressive Solutions'' 4 June 11, 2007 One screen is minimum necessary Most commonly needed on-line data may be entered in the Account Maintenance Screen. Cash receipts, customer notes, associated parties and additional information may be added for new customers by selecting the appropriate tab with no screen changes. This makes learning and navigation within the program very simple. Detailed customer data can be recorded and accessed quickly by the intuitively designed interface. Report Customization AlarmTrack' allows the user complete control over the query generated by a report. AU fields can be queried on and then passed to a report with many different sort and display options. The user may select from a choice of predefined report settings or may create and save their own. The user may select the type of report based on a wide variety of data classifications (e.g., reports by business type, tax code, status code, note code, sorted by account name or address, etc.). There is a complete permit register that prints out all certificates generated. AlarmTrack~ also allows the user to preview the report before it is printed. Reports may be exported to Microsoft Excel, Microsoft Access, a comma -delimited file and others. Finally, reports may be emailed without leaving the AlarmTracksoftware system. Menu & Table Driven AlarmTrack' is completely menu and table driven. Processes may be selected from the toolbar or main menu using a mouse or keyboard. Right click menus are supported as well as context sensitive and online helps. Software Documentation Our documentation is concise and thorough. The documentation consists of an online help file. Documentation updates are generally provided with major software revisions for clients subscribing to annual software support. "On-line" Data Entry The software allows on-line entry of all new customer data in Customer Account Maintenance. This entry is usually performed while the customer service representative is on the telephone with the requesting customer. Free Form Notations AlarmTrack' includes an extensive note subsystem. These notes may be utilized to make any notations needed for customer service information. Multiple User Design AlarmTrack" was designed as a multi-user system. Each user is given a security level. The system administrator may elect to allow a user access to certain fields but not to others. Field labels may be changed (even into different languages) depending on the user security level. Access to the systems may also be granted and revoked at any time or on specific dates. Progressive Solutions 5 June 11, 2007 Audit Trail All changes to the database are time/date stamped and the user's name and workstation is recorded. In addition, the user's name and workstation appears at the bottom of all data entry screens. Changes to fields can also be automatically archived to notes. Search Capabilities Any field may serve as the basis of an account lookup. In addition, when searching for accounts the user may specify the sort order for the results. Address Validation The alarm permitting and false alarm billing system includes an integrated geographic data base for address verification. In addition, an optional database is available on CDROM that provides immediate nationwide address and zip plus four validations. This service provides updates every 2 months. Software Maintenance & Upgrades No charge is made for software assistance provided: (1) a Software Support Agreement is in effect, and (2) software assistance is not the result of modifications made by parties other than Progressive Solutions®. Software enhancements that are part of the regular update process are included in the cost of the Software Maintenance Agreement. Charges for custom system enhancements that the City may specifically request are made pursuant to written proposals and are billed at the rate specified in such proposals. Progressive Solutions' 6 June 11, 2007 B. Scope of Services Project Management Team The project manager for the City will be Glenn Vodhanel. Kevin Harker, Software Development Manager for AlarmTrack' may assist. Steve Le Van may assist with customer interviews to create development of installation/program specifications and Shawn Cobarrubias may serve as a client liaison and provide Crystal Reports' customization. Additional personnel may be retained as needed to meet or exceed client objectives. Installation, training and on -going support during the implementation period are all provided and included. Primary Objectives • Efficient data entry, maintenance and validation. • Efficient generation of licenses, renewals, permits, delinquents and custom letters. • Ease of obtaining ad hoc management and operational information. Outline of Implementation Plan and Services 1. Discuss how the City is now doing business and what improvements can be made. Current city forms will be reviewed and suggestions made for improvements based upon examples from our current inventory of forms. 2. Review city municipal code and implement tables and rate structures in AlarmTrack'v. This will involve setting up rate structures where applicable for each type of charge that is utilized in the system. 3. Have the City provide us with the current data files so that we can develop a migration matrix to specify where and how data will be migrated. The data files will be provided in a machine readable format and will include a description of the data fields. A test migration and evaluation will be conducted at this time. We will also discuss the fields to be utilized and how they will be configured in the system to best suit the City's needs. 4. Install software at the City with migrated data for evaluation, testing and review. 5. Have City review Custom Renewal, Delinquent, permit and Underpayment forms developed by Progressive Solutions based upon the City's specifications. 6. Schedule a go live date. 7. Upon receipt of city's final data, migrate data to AlarrnTrack- 8. Provide migrated data and operational training to city staff. 9. Provide additional data tuning. 10. Software maintenance and customer support. Progressive Solutions' 7 June 11, 2007 Timeline The number of days required for delivery and installation of the software after execution of the contract and receipt of payment are determined by our receipt of your purchase order. Implementation of our packaged software can be completed in as few as 30 days after contract execution. An implementation schedule detailing the steps and responsibilities of each party will be provided upon execution of the contract. Data migration assumes that the city provides their data to PSI in personal computer readable format, and that the format will not change between the initial migrated test data versus the final live migrated data. Access to the system and data must be made available via internet using the Symantec's PC Anywhere or other similar application at the time of the live implementation. Training Training will be provided to end -users, managers and administrators of the software. No special training is required for technical personnel other than a familiarization where the data is stored and where the executable and dll files reside on the server. The training will be conducted in the City's training room if one is available, or at the user's workstations at the choice of the City. All training is hands-on with the most current converted City data. Training or end -user workstations can be set up on the first day of training. Training and documentation for setting up additional workstations will be provided to the City's IS staff. The training generally takes 2-3 days. Due to the intuitive nature of the software, most users are comfortable with daily operations within 1 or 2 days. After the initial training, questions may arise that can easily be handled through our courteous and prompt phone support that is included in our maintenance agreement. Additional training can be purchased at our standard daily rate of $1200. Data Conversion Procedure The Migration procedure consists of: • Matrix definition (to identify customer fields and determine where fields will be transferred) • 2 data conversions (The first conversion is a test to identify any data issues. The second conversion is done immediately prior to the live date.) • For the purposes of this proposal, it is anticipated that only Alarm Permitting & Billing records will be converted. On the first conversion, the City will provide to us their current data via internet or mail in a suitable format. We will convert the data and check it in AlarmTrack to identify any data issues as mentioned above. The City's current data will also help us to determine how the fields will best he configured and utilized. The migration procedure does not include any detailed data evaluation or modification unless specified in writing and approved by both parties prior to migration. All customer data must he provided in the same format for each conversion. Any data inconsistency and/or migration rescheduling may result in implementation delay and/or additional charges. Typically, the data addresses will be validated and cleaned up if possible through the address validation software. From our experience, our current system has the capability of storing far more detailed information than the systems that we convert from, so it is anticipated that there will he no significant loss of data during conversion. /'royressive Solutions" 8 June 11, 2007 Interfaces Since the system is designed to the ODBC standards, interfaces can be created between other ODBC compliant products. In addition, AlarmTrack has built in financial export editors that allow the financial export files to be tailored to virtually any format as well as tight integration with our Ca$hierCentral product. An electronic interface to your existing cash receipting system, Ca$hierCentral is included. The estimated pricing for interfaces will be included in the quote on a time and materials basis. System Growth and Enhancements Regular enhancements to the system are made based upon customer requests. All customers benefit from any enhancements made to the software. Updates are available from our website ensuring our customers benefit from the latest changes in technology. Optional public lookup inquiry is available through the Internet. Progressive Solutions® can work with the City's web designer in order to configure this service. Other options available include taking payments and applications for business licenses through the Internet as a means of reducing data entry. Software Support The maintenance fee includes technical support, help with reports, etc. via phone, web and our integrated "connect desktop with support" functionality. Also included are periodic software updates downloadable from our website. Our current customers will verify that our customer support is very prompt and that most report customizations and letters are included in the software support fee, making us unique among our competitors. Other Services Progressive Solutions° currently performs a range of information services. All personnel involved in system development have earned computer science degrees from reputable colleges, and/or have proven their ability in past software development projects. Modification of Agreement Progressive Solutions° will perform strictly to any negotiated agreement. Any modifications to the negotiated agreement must be in writing and signed by the respective authorized representatives. Go Live Guarantee Customer and prospect feedback have proven that typical PSI software implementations are performed in a fraction of the time required by other software vendors. If meeting your go live date is critical and you are unable to provide PSI with the required items prior to the guarantee cut off dates (normally 30-60 business days before the go live date), PSI may still be able to meet your time frame. Once there are fewer than the number of business days left for non guaranteed implementation, an expedite fee (usually a 10% to 20% premium will be due to meet such agreed upon deadline. Expedite fees enable PSI management to authorize overtime). Please note customer delays shall serve to extend the expedited implementation by the total days of client delay. Should software customization be quoted, we will be pleased to discuss alternative guarantees once we are fully aware of all desired customizations. Progressive Solutions° 9 June 11, 2007 C. Firm History and Key Personnel Progressive Solutions®, a privately held California corporation, was started by Glenn R. Vodhanel in 1979. The firm began by providing facility management services to municipalities. Additional expansion occurred by marketing developed software and services to other governmental agencies. Glenn R. Vodhanel currently serves as president and Yolande C. Vodhanel serves as both secretary and treasurer. As president, Mr. Vodhanel is authorized to represent the company and to make most required decisions. From the beginning, the Company has maintained a sound and stable financial condition. It has had and continues to have the ability to meet its obligations as they come due, and has sufficient cash reserves for contingencies. Banking references are available from the Customer Service Department at Wells Fargo Bank, Brea, California. Our Federal Employer ID is 33-0113562. Our corporate office is located in Brea, California. Our mailing address is: Progressive Solutions®, PO BOX 783, Brea, CA 92822-0783 Progressive Solutions" maintains both workers compensation and general liability insurance. Should the city desire any coverage in addition to what we maintain, we will be pleased to comply provided the city compensates us for any cost difference resulting from the city's mandate. As a growing company, we work harder to exceed your expectations! Our customers are not just numbers! They are individuals with whom we have accomplished mutual objectives and formed personal relationships. Key Personnel Glenn R. Vodhanel Glenn Vodhanel is the founder of the company and continues to assist customers with consulting and software design services. The firm began providing services in 1979 and in the course of providing facility management to municipalities; PSI grew to employ over 20 employees. Today, PSI's primary focus is on municipal software development and support. In 1981, Mr. Vodhanel earned his BA in business administration with a concentration in accounting. He was first certified with Microsoft during the Lan Manager days and as a result of his efforts Progressive Solutions® has earned the title Microsoft`s Certified Solution Provider. Kevin Harker Kevin has been designing and programming software enhancements in Progressive Solutions' software products for over the past 8 years. He has been responsible for keeping our products on the leading edge of technology and making sure that all our customers benefit from any software enhancements. Steve Le Van Steve serves as our senior trainer and support staff & provides expertise in designing forms using Crystal Reports. He has worked with Progressive Solutions`' for over 7 years. He is a seasoned professional who works well with people and understands their desires. Shawn Cobarrubias Shawn acts as a client liaison for our customers. In addition, she serves as a valuable member of the migration team by providing her expertise in designing forms using Crystal Reports. Progressive Solutions° 10 June 11, 2007 D. Compensation AlarmTrack Components AlarmTrace License (4 concurrent edit users) Conversion of all convertible records from data provided by city Turnkey off -site configuration 2 days AlarrnTrackm training Total Installed Software Cost for AlarmTrack' Software Maintenance for AlarmTrack $6,000 $2,500 $2,500 $2,400 $13,400-J $2,200 Optional: Web Interface using the PSI packaged pages starts at: Optional: Wireless Interface using packaged web pages (per module) Optional: CAD Interface for Alarm Permitting and Billing Optional: SSL certificate good for 2 years including installation **Annual support fee will be prorated if not implemented by July 1", $8,500 $5,000 $5,000 $500 Progressive Solutions 11 June 11, 2007 First Year Setup and License Fee We propose an initial one-time fee to establish the various charges, finance codes and configuration of the AlarmTrack software system. Also included in this price are custom forms. We are proposing to utilize the Microsoft' SQL Server Client -Server Database for maximum performance and enhanced reporting capabilities. Assuming that a SQL Server box is available, it is expected that no additional hardware will be required unless the City decides to utilize additional receipt printers and cash drawers with the permitting system. If this is desired, the pricing for these 2 items is listed under H. Options. The above fees will include conversion of the city's active files if the current permit data can be provided in a standard PC format. Reasonable Travel and Lodging will be billed at actual cost if applicable. If the City has the following needs, an additional fee would apply as listed: 1. To establish Business Improvement District with separate fee tables, the cost is $1,900 per district. 2. AlarmTrack. is generally self -assessing systems. If the City wishes to pre -bill and convert to an Accounts Receivable Type System, the cost is $5,500. Web site payment setup and configuration. We will be pleased to work with your Information Services staff in developing web renewal and payment options for the City's Customers. We can quote a fixed price or provide a time and materials structure. This proposal is valid for 90 days. Most implementations can be completed within 30 to 90 days from receipt of an executed agreement! Optional Components AlarmTrack" is compatible with a variety of optional components to facilitate ease of use. Optional components are listed in H. Options and may require addition to the Software Maintenance Agreement with annual fees. Concurrent User License We have proposed a solution that includes 4 concurrent user licenses. This proposal allows an unlimited number of staff members to be established. The only limitation is that no more than 4 users may access the system concurrently (at the same time) except for departmental approval and read only users. We have made this proposal in the interest of providing the city with a low cost solution that meets or exceeds the city's needs. Forms Progressive Solutions' maintains a supply of blank forms designed specifically for AlarmTrack"'. Using these forms will ensure printer compatibility. The above custom forms design is quoted using PSI forms. The use of other forms may incur additional cost. If other forms must be used, we strongly recommend that our forms be used as a template. Zip+4 Validation Progressive Solutions® offers an optional CDROM update service AlarmTrack'' The annual subscription provides updates every 2 months. See H. Options. Customization Services AlarmTrack' is a table driven system designed to adapt to the operation of most permitting entities. Should the city desire specific programming modifications to our system, modifications are available on either a fixed price or time and materials basis. Progressive Solutions° 12 June 11, 2007 E. Relevant ExperiencelReferences At Progressive Solutions" our primary focus has been on providing software and service to municipal government. It is these hands on experience that we bring to your table. We gladly impart the benefits of our experience so that your objectives are met or exceeded. Client City of Monterey 351 Madison St Monterey CA 93940-2613 City of San Bernardino 300 N D Street San Bernardino CA 92418 City of Santa Barbara 735 Anacapa Street Santa Barbara CA 96251 City of Gardena 1700 W. 162nd Street Gardena CA 90247 City of Palmdale 38300 Sierra Hwy Ste 'D' Palmdale Ca, 93550 City of Wichita 455 North Main St, 1st Floor Wichita KS 67202-1678 City of San Marcos 1 Civic Center Drive San Marcos CA 92069-2918 City of Menlo Park 701 Laurel Street Menlo Park, CA 94025 City of Oceanside 300 North Coast Highway Oceanside, CA 92054 City of Glendale 131 N. Isabel St. Glendale, CA 91206 Progressive Solutions® Client Contact List Contact Person: Pam Erlandson Population - 29,702 Installed: Mar 2004 Cindy Buechter Population - 191,631 Installed: Sep 2003 Brenda Monser Population — 92,325 Installed: Aug 2006 Sheltie Gallagher Population - 59,657 Installed: Jun 1996 Kathy Inman Population - 131,295 Approved: Jul 2006 Sean Seamster Population - 355,562 Installed: Nov 1998 Veronica Martinez Population - 60,795 Installed: Nov 2005 Yvonne Gulley Population — 30,277 Installed: Nov 2005 Beverly Lira Population - 171,909 Installed: Jul 1997 Maria Perez -Hernandez Population — 199,430 Installed: Nov 2006 Telephone Number: (831)646-3958 Business and Pet Licensing & Cashiering (Eden User) (909) 384-5036 Business Licensing, Revenue Enhancement and Cashiering. Collected over $500,000 in additional revenues. (805) 564-5339 Business Licensing (310) 217-9693 Business Licensing, AlarmTrack, Web Renewals and Cashiering (Eden User) (661)267-5229 Business Licensing and False Alarm Billing (316)352-4848 Business Licensing, Pet Licensing and Cashiering (760)744-1050 x 3111 Alarm Permitting and False Alarm Billing (650) 330-6317 False Alarm Billing with Direct Import Interface (760) 966-8642 Business Licensing • Extensively utilize ad -hoc reporting features (818)548-3989 False Alarm Billing with CAD interface Progressive Solutions'' 13 June 11, 2007 F. Sample Screens, Reports & Documentation The above screen allows access to all account entry and information through tabs and pull down menus. More tabs can be activated if more information is to be utilized for the accounts. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS'! Progressive Solutions'' 14 June 11, 2007 IntaNej:P"-: PI*01411.4:31ifitikt1 2759 ,*.-;;Piwtig1FIRST SECURITY BANK Lje,c,410.h.: r-- Malrig too mAIN . - - § • c. r FIRESTONE PARK Jsr1rQ/:11D02co4 • 11,61044E.:itti z. - • 1:t4,41,6;je: ;:','6.4,/ • lc°CcpngContct 2:118013 GAL LAGER (4471 111 • • • • : :.; _ Liiciatisb.rrequericy otart date', .Cuienexpie A Annual j.7,1 I 1/ 112001 j 6/30/Arub : IAPR - Alarm Permit Residenlial • , -Attion - V -..:*M1111:::::-',-.44t.'..,'.' ,,,,,„,:t...z;,,,f14,'? ,..,', '' 4 t: `,.., ' ,.,' • X • k.... i - •,' ".o ,:.r .. 4: f-.':i —AL &.,, • - , - . Aria4b,_KTEt - — I --V ..*...,...rsi-i .iti-7,04pr 1A1G PHARMACY ne -.,:,...14:,,,,,.., , •c; - :-..,,, vdre.s.1 1106 S GLENDALE AVE • . .:`,.1.. ' ' ...,,., 5,. CLitiei-ka0k$48; 00 . " tGLELE _LI 'P'ic:7zo 91205 3203 :-SAS19'-- f ., ,.- ,' ':.- . ,..:„.r, ,-,.,:v • - , Vi ., ,-.- -. NDA-t - • -5 - - - '`,..t.; ''''''''' '..,•'';',',; :,LiV. r ',. rr' r., r; 3.:-P 'aik'-. ';',4,'.? 71 :f?:'.j:er - . : ; ',.`Z '.*15i.r.11: ::, r• ';:04 r,tiq i ,::: '`, ,jt 4,1 : , : ..?,:::;,3 1'.. ..'.,t' L'11..?!..:: .'... , ' 1.NOt& ei.tiVi i i iiAtteii0istii, . .:-'641141.. V..i-iq,::'''-Aiiikicr,..• AatiO,H: ' . ...-4,. _--,.. :6,:ne,--...,.r,..,-',-,.iv i;4-iiit - ,7e-Aftiliot0.141,7q• -?Atamoydents,5.4: . = .. .v..:k.r.r* 119t . , .. ,clY*.k 11 ' , ••••:'.".-: ,., 0 I XI: f'-'-it, i_ 1: 3 1 ' ,, '. '4f. r r'. 1 ..15'''Ng 'T "" ' ! '...:''' ".k,k.'.'•:'-" --, -."-!:, - - ...44-Tztt--u,:. . - •....., r ,,,,,, . i iiiiii6i7,:1:.-14.0. ' ':: "'..'''..- ....,c1.1-1,''.. .1, Alarrilb*:;!-.1:7Cau,'Al .-?..,-`,-:Y:27.11, 1 EfieiOlai tfriterelP,,, :- A : A A 070217... 01C 02/17/2007 PNAVARRO 02/20/2007 070217... OK 02/17/2007 PNAVARRO 0'2/20/2007 01 01 /SI /2006 NA NA 01 0800/2002 NA NA 01 06/30/2002 NA NA 1:- • The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS®! Progressive Solution?) 15 June 11, 2007 Transaction History lists all notices, licenses, cash receipts, renewals, delinquents, etc. that have occurred. Licenses, renewals, etc. can be reprinted by double clicking on the description. By double clicking on a cash receipt, the complete detail can be viewed (see below). daCash receipt properties Printing , ' � �" J Account 17638 Merge user JAMES Transaction date 02/05/2001 Payments $15079.97 Post date 02/06/2001 Charges E15079.97 Meige date 02/06/2001 Issue license Register id 87 Balance forward $0.00 P_asanent type • i Payment num... 3` Payment note i `Paymentamounf `. 43) 1 - Check 15900 na 15079.97 Charge code I Financial code .i Units ; r} Charge eriioU tti 7718.00 7361.97 0.00 .Yea '•`1:'Note eft 24A • Business General-... Tax - Busines... 80 SI 24B • Business General-... Tax • eusines .. 40057 41. DP • NA Deposits • Li.... 0 2001 na 2001 na 2001 na The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS®! Progressive Solutions 16 June 11, 2007 4System Maintenance Cash Receipt!Maintenance' Approval blaintenance'l Baicode Processing) Transaction Maintenance Billing Maintenance 1 n 1 xisfahiulirajeTi I4to1ca1 Approvalcodes :._: Seaich from Approval' type . J: j; ..iI request.: 0 - All approval codes J JAU accounts Apptovai Police Approval • Get police... 122 CUT & SEW SERVICES Low - Fire Approval - Get approval... 155 ). Fee Approval - Get approval... 654 Police Approval - Get police... 1233 i•, Fee Approval • Get approval... 1623 lit-. Pollce Approval - Get police... 2333 4 .. Fire Approval - Get approval... 2463 %P. Fire Approval - Get approval... 2757 Fire Approval - Get approval... 2858 1!. Fire Approval - Get approval.-. 4117 Fee Approval - Get approval... 5016 !,. Fee Approval - Get approval... 5332 Fie Approval - Get approval... 8029 1401°.:, Paul Approval • Get Paul ap... 8865 Fee Approval - Get approval... 15174 01. Fie Approval - Get approval... 15429 !'Account ')`.Name I Priority' CHURCH'S FHIED CHICK.. ERNEST A GASTEIGER ROBERT CARLSON HANK BURGENO/HELEN... WALT J TEIGER HAIRS MY CORNER EVERE I T C MOORE ELEUTERIO &ANGELA M... L. & R HEATING & AIR CO... FABTECH VERSATILE ENGINEEHIN.. FACTORY DIRECT PATIOS HANMI INC DAMES & MOOHL DAMODER REDDY 1 fieguested Approved I A 06/18/1999 06/18/1999 P Low 04/12/2000 NA N Low Low Low Low Low Low Iow Low Low L.ow Low Low Low Low 06/18/1999 06/18/1999 06/18/1999 04/14/2000 06/18/1999 04/14/2000 05/16/1999 05/23/1999 04/17/2000 07/08/1999 08/03/1999 D7/08/1999 04/14/2000 07/08/1999 07/08/1999 NA NA NA NA 07/13/1999 06/18/1999 NA NA NA 07/08/1999 04/14/2000 NA NA P N N N N P P N N N P P N N ►! OK 1 Cancel I Help, The above screen allows for the creation and monitoring of approvals. Approval users who can log on to the network can be allowed access to this screen to record that approvals have been met or create new approvals The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS®! Progressive Solutions° 17 June 11, 2007 The following screen shots and enclosed CD presentations are confidential and privileged trade secrets per 21 O.S. § 1732 (Larceny of Trade Secrets) and the Uniform Trade Secrets Act, 78 O.S. §§ 85, et seq. I�Sofite Ede The above screen provides information critical to the system operation. The above is confidential & the proprietary property of PROGRESSIVE SOLUTION.®! Progressive Solutions"' 18 Juno 11, 2007 Charge Code Edito(; kilia Profis Editor i SQL Edita Charge Ccdezand Refaced fgdes 7 + Charge Codes, (] Curren( • Effective: 07/11 /2002 Cr'' Previous Rater ti 11 - Effective: 04, -d Previous Rates p 12 Effective: 05 [7- Previous Rates # 13 - Effective: O6. -CD Previous Rates it 14 • Effective: 07, F#1 C3 Previous Rates it 15 • Effective: 07, a Lti Appended Rates 11 20 - Current Elie Appended Rates p 21 - Current Ede l Related Codes ' Financial Codes if Department Codes Message Codes 1+1 U Unit Names Bards Name i%.vGeil.ed Rate^ # 19 - Cur ent EII. Test Charge Code Vaiues Test Value '• Result ! ©New The above screen is where charge codes, financial codes and related codes are setup. Payments can be distributed to an unlimited revenue accounts. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS' Progressive Solutions 19 June 11, 2007 iS 1 1 trtal u p _ j _i. _ Low Re[ereC l.reY ReQhl 5A01 CakJda Orton r _,vl}y 2a4 1.-.�n.t?�a rJ9 iTP :1 �F Pirate chock Me lenuyou.nb Ike irciLkd m Iris tarn recept. e ere me M1it wont HO on the fort mme ae Re+ ntle aro,. CvhorIlan,--- e Ccdea I�- CRW � CRw Ilan, From ' To .__.._..Rare Pe. Uri k i,. OW yy ;RC0 Wa1v MOOi 1 V. FE pie.// 1 1.11 amour !PC2n1•O15 /IIEAP ASSOC Cnor Care v.+e! Mwe rOp y hotly t• 4 LCA$Mi(R_C11MDFv r- srl!npe CMpe Cade , Daopim OIu7H1UW 3 C. Cr Mapk NAP L URI 01O71?001T224 BriYq Pame.?Irehng 'wrote P OEO16 nes! OK Corot For Hon, pr.," FI CA98Ert CJaUEr j PA 1 I Oefler:'JD2 I:51:03 PM The above screen displays external information from a permitting or any number of systems in order to apply payments to outstanding items and post them to the external system in real-time. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS'! Progressive Solutions'' 20 June 11, 2007 G. Web Payment Samples Web Payment Samples MY Prcfre I Pbout One Stop Login 11 you have a user 1n and Password User ID lon•.11 sddressy l' Password: tonin ! 1f you have nut created a user id ;,;. to pay your bills Dolma. ICs Flue! eo••••d by .r•e'ari.,. fahvxre • VISA OR MASTER CARD ONLY • EXACT AMOUNT ONLY, No advance or pertiN payments MN be accepted. • We recommend you connect to a printer to haves receipt for your records. • If unable to login, please ull (909) 799-2005 scene staff con assist you. Our office tutors are Muodey-Thursday lam to 5:30 pm. • PAST -DUE PAYMENTS.- If you are paying pest the due date your account will he subject to a 1USY penally. • DELINQUENT PAYMENTS - If your mount Is delinquent, It is your responsibility to verity receipt of payment In the Finance office at (909) 799- 2045 to prevent discontinuance of service. Payment at tbls time will not prevent additional charges from being assessed. Above is the consolidated logon screen! The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS®! Progressive Solutions® 21 June 11, 2007 My Profile I Logout I Abe,Iit Link Ar.ather Acrokint I Pap en; Your Accounts: Account: 205109000- LOMA LINDA UNIV Account Type: Utility Billing Current Balance: $272.O1[Pe ding Payment: $O,00J view history An unlimited number of accounts may be linked to a user account. This provides easy administration for owners of multiple properties. These accounts may be monitored and paid as a group or individually! By clicking on the view history link, account history is displayed as shown on the following page. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS®! Progressive Solutions' 22 June 11, 2007 ornta M;+ Profile I Logout I About MVACCQ,UNTS Reports Consumption Compansonl History Comparison History for 205109000 - LOMA LINDA UNIV: Transaction: Date Posted Starting Paid Billed Ending Balance Amount Amount Balance Bill 12/29/2004 $0.00 $0.00 $272.01 $272.01 details Payment 11/17/2004 $343,40 $343.40 $0.00 $0.00 Bill 10/27/2004 $0.00 $0.00 $343.40 $343.40 details Payment 9/15/2004 $355.05 $355.05 $0.00 $0.00 Bill 8/25/2004 $0.00 $0.00 $355.05 $355.05 details Payment 7/20/2004 $401.12 $401.12 $0.00 $0.00 Bill 6/29/2004 $0.00 $0.00 $401.12 $401.12 details Payment 5/11/2004 $321.02 $321.02 $0.00 $0.00 Bill 4/26/2004 $0.00 $0.00 $321.02 $321.02 detail:; Payment 3/10/2004 $285.35 $285.35 $0.00 $0,00 Bill 2/23/2004 $0.00 $0.00 $285.35 $285.35 details Payment 1/22/2004 $273.65 $273.65 $0.00 $0.00 The customer is provided with historical data. By clicking on the comparison links, reports are displayed which present graphical representation of consumption or payment data. An example is shown on the following page. In addition by clicking on the details link, a facsimile of the invoice/bill will be displayed. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS®! Progressive Solutions 23 June 11, 2007 2$0 240 •00 180 120 00 HI u Consumption by Ending Month and Year Month Aaxurli hoILK 2061060,30 LOMA IINCA UNly car' .ce A00d eg;! 2481; PROSPC' AVO 51a'1 Usltle 10:01i2004 08,0112004 00,01/2004 01.01;2004 0204/2004 12'O1i200 19,'0112003 Cd'01!2OC 04t01/2003 06.01/2003 02:0117003 12'02,2062 10'0 112002 00/01:2002 r,,C1 OSBGc 12/01!2004 10:01:2004 ^°:0"2004 :0!2004 34i01'2004 3204'2004 12.01/2003 10M112002 vi;:D 112003 05h)1.2002 04!01;2003 02'0v2003 12;02'2002 10i01'2002 Units o1 HCF 12 50 56 76 44 27 19 15 SA 116 02 129 110 121 2002 2004 jp-2003 The above graphical information is designed to empower customers so they may have the information to determine on their own whether their recent bill is actually too high. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIOi'V.S ! Progressive Solutions' 24 June 11, 2007 wy Prohl€ I Lnr?onr I About Lin. , ,ther p.c:cur' i Your Accounts: Account: Account Type: Current Balance: Account: Account Type: Current Balance: 25519- T G I FRIDAYS View histor, Business License $60.00[Pendmg Payment: $0.001 USE TAX RETURN DUE 205109C00- LOMA LINDA UNIV Utility Bilking $ 272.01[Pending Payment:.$0.001 Your Accounts: Account: Account Type: C Current My Profile I LoC;Cut ( About 25519-T G I FRIDAYS Business License Balance: $60.00[Pe,dirng Payment $0.001 Account: Account Type: Current Balance: 205109000- LOMA LINDA UNIV Utility Billing $272.01[Pendmg Payment: $0.001 it. y.� }1i�Lblr view histc ri LICENSE RENEWAL DUE hi;:tor: orni The consolidated payment system may also be used to facilitate customer filing of tax returns. Linked business accounts will remind taxpayers as returns become due. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS©! Progressive Solutions3° 25 June 11, 2007 Please confirm that the following information provided is correct. /midre6£ 12/31/20 i4 3D CREATIONS R etail S ales And Sermc 12203 Ji 1i 13022E DAPHNE AVE GAJIDENA CA 90213TOG 131ffr-s32•8877 13028 DAPHNE AVE GARDE HA CA 30299.100E tlir. r JACQUELINE L CARTER • Tr. va /7)itxr•C<rHa7/ Paine, Prrnary 30 CREATIONS 0us:xss DESIRE E L CARTER Tv e P.rrt,,, OIhes C 1.... ..I. b,•I'v..I :klx„Lr,•n.M:. nI.e ?•i n Gmdefa C 114. !•o-t me:r:Jv�ly2 t. Th: :n:cir�. ,Irn: r,,� -1;�I I'•.•r%I J Iertefl Horne Page Copyright 0 2004 City of Gardena CA. AU rights reserved The consolidated payment system guides businesses to complete any monthly, quarterly or annual process. The same process facilitates license renewals, occupancy tax returns, use tax returns, gas tax returns or any return you can think of. If cost savings via automation are the goal, Progressive Solutions'9 is here to do it once and to do it right. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS'®! Progressive Solutions`" 26 June 11, 2007 Mai lit out a teWa.il iiew,l 15462 c..rmr,.aa G4fIDLM4 PLAZA HOTEL 66 6nn _•; Tyr, Molds And Male4 Chong., Oeacriptinn latal 1 c^riiy !an fix nIanXcn ekr.e is tine and attune 'MAISESVMER UrWa xinnin.n • 'colt Weta • 1 r • , iA Once the customer has entered the required data, by clicking on the calculate button the amount to pay is then calculated. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS®! Progressive Solutions 27 June 11, 2007 T Deal Amax Due_ Crerit Card Number ' Credit Card Ex ratan' '�.. .tea".: ��•r V�ry�, Cmd alder Name Berg Addrets City, State, Zsccde' Fields marked with an asterisk are required Home Page ma% 0,414441 Copyright ® 2004 City of Gardena CA All rights reserved. Credit/Debit Cards may be accepted for payment or Automated Clearing House information that has been previously submitted. Once payment has been accepted, a receipt is displayed which may be printed out by the customer for their records. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONS®! Progressive Solutions° 28 June 11, 2007 Web Acceptance Screens alAccoontList Micoosult Internet Expkuct fis,Adt. Yvt. Fsrua04---. • kilidoccit http1/172171_103/wrkArcepancedra-bureal avx ; .tM Last Week h.,17 Priklr;e. AeCeIgIt ;',..<7 hoar evvi sok. ts-st L.162 ;if tt-tt)i t ' s ttt;r:, , kW,C •' .7 • . • - ' ; IS3 ve849.B4:1 =072=13EffaME921=ZITATZ-111-o-atElittr=r,ZZ.V.,-Taillilltalt% TY3EWEinn =.1141 rin90 ,ff.71-.4debtri,M4-1.71:S:i?"1 This is the web acceptance screen that the licensing personnel use to review changes. The above is confidential & the proprietary property of PROGRESSIVE SOLUTIONe! Progressive Solutions 29 June 11, 2007 H. Options • License Paper 1 box (6000) $510 2 to 3 boxes $408/box 4 to 7/boxes $326.40/box 8 & above $261.12/box • Renewal & Delinquent Paper 1 box (2200) $255 2 to 3 boxes $204/box 4 to 7/boxes $162/box 8 & above $132/box • CASS Certification (Allows validation & discounts) • 1 <5,000 records $1,080/yr Register Components Star Micronics Receipt Printer/Document Validator $795 Electronic cash drawer $325 • Register add-ons Customer LCD Display $189 Extra cash tray(extra) $47 Cash drawer lid(with lock & key) $34 Thermal receipt paper (50/box) $2.50/roll Compatible Ribbons (6/box)(Minimum order of 1 dozen) $3.50/ribbon • Fingerprint Recognition Fingerprint recognition devices with driver (each) $199 Fingerprint recognition driver alone $50 • Integrated Software Seagate Crystat Reports Professional Upgrade $199 1 • Seagate Crystal Reports Standard Upgrade $79 Bar code Components Bar Code Wand Reader $299 Bar Code Scanner (CCD:0"-3") $399 Bar Code Scanner (Laser:0"-12") $799 Bar Code fonts (Also includes Postnet) $225 • Credit Card Components (Select One) Credit Card Connector (each Register) or site license $99 Credit Card Connector (Site License) $999 • Payment Processing Components (Select One) Mag Stripe/Credit Card Reader $199 Check Reader $335 Check & Mag Stripe Reader $449 Check, Mag Stripe & Bar Code Reader $499 Progressive Solutions' 30 June 11, 2007 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE Septemher 4, 2007 AGENDA ITEM NO. 12 M TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A DEPOSI PLACEMENT AGREEMENT AND A CUSTODIAL AGREEMENT WITH NEIGHBORHOOD NATIONAL BANK FOR UP TO $2,000,000 FROM THE CITY'S INVESTMENT CAPITAL TO INVEST IN THE CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICES (CDARS) PROGRAM WITH A 5.25% RATE OF RETURN PREPARED BY DEPARTMENT Jacqueline Reynoso (ext. 4293) Economic Development Division Community Development Coordinator EXPLANATION On August 21, 2007, City Council approved an amendment to the City's Investment policy (Policy Number 203). The newly amended investment policy makes Certificate of Deposit Account Registry Services (CDARS) an eligible investment category. CDARS became statutorily authorized by the enactment of the California Government Code Section 53601.8, effective January 1, 2007. CDARS is a convenient way to enjoy full FDIC insurance on deposits of up to $30 million in authorized financial institutions. By providing access to full FDIC insurance, CDARS can help the City comply with investment policy mandates. Neighborhood National Bank is a CDARS member bank, a local community bank, sits on the City's ^ommunity Benefit Loan Committee, and is helping the City to develop its Small Business Toolbox. NNB as a strong financial position and provides the City with a safe investment option. NNB has offcrred to provide the City a rate of return of 5.25% on a $2,000,000 CDARS investment with an 18 month maturity. oroever, the full amount of the City's CDARS investment can support lending initiatives including specia clopment projects and small business loans that strengthen the local community. r Environmental Review N/A Financial Statement Invest up to $2 million of the City's investment capital in the CDARS program with Neighborhood National Bank. STAFF RECOMMENDATION City Council adopt the resolution. 1. ATTACHMENTS 1. Staff Report 2. Resolution 3.Agreemcnt Resolution No. A-200 (9/80) STAFF REPORT On August 21, 2007, City Council approved an amendment to the City's Investment policy (Policy Number 203). The amendment to the investment policy made Certificate of Deposit Account Registry Services (CDARS) an eligible investment category. The investment policy allows for no more than 30% of the City's investment capital in a combination of negotiable CDs and CDARS. The investment policy allows the City to diversify its investment portfolio. CDARS CDARS is the Certificate of Deposit Account Registry Services. It is a convenient way to enjoy full FDIC insurance on deposits of up to $30 million in authorized financial institutions. Financial institutions can offer CDARS because they are members of a special network. When the C'ity places a large deposit with a network member, that institution uses CDARS to place the City's funds into certificates of deposit issued by hanks in the network. This occurs in increments of less than $100,000 to ensure that both principal and interest are eligible for full FDIC insurance. By providing access to full FDIC insurance, CDARS can help the City comply with investment policy mandates. Moreover, with access to full insurance, the City does not have to worry about surety bonds and collatcralization requirements, including tracking changing collateral values. With the help of a sophisticated matching system, network members exchange funds. This exchange occurs on a dollar -for -dollar basis, such that the equivalent of the City's original deposit comes back to the City and effectively stays local. The full amount invested can support lending initiatives including special development projects and small business loans that strengthen the local community. CDARS became statutorily authorized by the enactment of the California Government Code Section 53601.8, effective January 1, 2007. On September 25, 2006, the Governor of 'file State of California approved Assembly Bill No. 2011 authorizing, until January 1, 2012, the investment of up to 30% of public funds in certificates of deposit (CD) at a commercial bank, savings hank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of CDs under specified conditions. Investment Portfolio As of August 15, 2007, the City has approximately $46.6 million in investment capital, of which $30.6 million is invested in LAIF and $15.9 million invested in other investment types. Below is a breakdown of the investment categories, amounts and percentage of total investment. INVESTMENT TYPE LAIF Non-negotiable Certificates ofDepositt Negotiable Certificates of Deposit2 Federal Agency Securities C'alTrust Total Investment portfolio AMOUNT 30.6 6.6 .I 7.1 2.2 46.6 PERCENTAGE 66.00% 13.99% .01% 15.00% 5.00% 100.00% Non-negotiable CDs (time deposits) are classified differently than negotiable CDs. Non-negotiable CDs are those that provide for a fixed interest rate for a specified period of time. Should the holder of the non-negotiable CD cash out prior to the maturity date, the holder would incur a penalty for early withdrawal. 2 A negotiable CD is actively traded in the market, the interest rate may fluctuate based on market conditions and there would not be a penalty for cashing out the security. Of the $30.6 million invested in LAIF, less than 2%, or $5.6 million, are general fund monies. The remaining amounts are designated for the sewer fund and other funding sources, such as grants, that arc restricted for specific purposes. Given that the City currently has .01% of the investment capital invested in negotiable CDs, the City's investment policy allows the City to invest up to 29.99% of its investment capital, or $13.98 million in CDARS. Neighborhood National Bank Per the City's Investment policy, Neighborhood National Bank (NNB) is an authorized financial dealer and institution. NNB is also an authorized CDARS member bank. City Staff has thoroughly reviewed NNB's financial position including their 2004, 2005 and 2006 Consolidated Finanacial Statements with Independent Auditor's report; March 2007 Balance Sheet and Income Statement; June 2007 Balance Sheet and Income Statement; and has inquired about the Bank's regulatory actions (safety and soundness orders, Protective Control Action (PCA) directives, Cease and Desist orders). City Staff has met with the appropriate Bank representatives to address any and all of the City's questions or concerns regarding the City's proposed investment and is satisfied with the overall level of response and information receieved. Moreover, NNB is a local community bank with a strong working relationship with the City of National City. They have agreed to participate in the Community Benefit Loan Committee for the Small Business Technical Assistance Program administered through a partnership between San Diego State University and the City of National City. NNB is also working with City Staff to assist in the development of the Small Business Toolbox, a resource guide for the National City business community. The City has performed its due diligence to assure that the City's investment in CDARS with Neighborhood National Bank will provide the highest investment return with the maximum security while meeting the daily cash flow requirements of the City and conforming to all state and local statutes governing the investment of idle funds. Based on the latest LAIF performance report for the Quarter ending 6/30/07, the City's LAIF investment yields a 5.23% rate of return. Neighboarhood National Bank (NNB) has otrerred to provide a rate of return of 5.25% on a $2,000,000 CDARS investment with an 18 month maturity. Recommendation Staff recommends for Council's consideration that the City of National City invest up to $2 million dollars of its investment capital in the CDARS program with Neighborhood National Bank with the term and conditions as specified above. The investment would allow the City to diversify its investment portfolio, obtain a higher rate of return than our current LAIF investment, and deposit funds that will be available for the community to access in the form of loans. RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A DEPOSIT PLACEMENT AGREEMENT AND A CUSTODIAL AGREEMENT WITH NEIGHBORHOOD NATIONAL BANK FOR UP TO $2,000,000 FROM THE CITY'S INVESTMENT CAPITAL TO INVEST IN THE CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICES (CDARS) PROGRAM WITH A 5.25% RATE OF RETURN AND AN 18 MONTH MATURITY WHEREAS, on August 21, 2007, Resolution No. 2007-202 was adopted by the City Council approving an amendment to City Council Policy No. 203 pertaining to the National City Investment Policy to permit the City to participate in the Certificate of Deposit Account Registry Service (CDARS) Investment Program; and WHEREAS, Neighborhood National Bank ("NNB") is a CDARS member bank, a local community bank, sits on the City's Community Benefit Loan Committee, and is assisting the City to develop a Small Business Toolbox; and WHEREAS, NNB has a strong financial position, and provides the City with a safe investment option; and WHEREAS, NNB has offered to provide the City a rate of return of 5.25% on a $2,000,000 CDARS investment with an 18 month maturity; and WHEREAS, the full amount of the City's CDARS investment can support lending initiatives, including special development projects and small business loans that strengthen the local community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Deposit Agreement and a Custodial Agreement with Neighborhood National Bank for up to $2,000,000 from the City's Investment Capital to invest in the Certificate of Deposit Account Registry Services (CDARS) Program with a 5.25% rate of return and an 18 month maturity. Said Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney CDARS Deposit Placement Agreement You, the undersigned, and (referred to in this agreement as 'we and -us') are entering into this agreement to set forth the terms and conditions under which we will assist you from time to time le placing your funds in time deposits with depository institutions (each an Insured Institution') whose accounts are insured by the Federal Deposit Insurance Corporation ('FDIC"). Through an arrangement with Promontory Interfinancial Network, LLC ('Network'), we will endeavor to place your funds in time deposits (-CDs') issued by Insured Institutions through the Network's Certificate of Deposit Account Registry Service*, or CDARS`. in principal amounts that, when aggregated with interest to accrue over the term of the CD, will not exceed the $100,000 FDIC insurance limit for deposits of one depositor at one Insured Institution, or such other insurance limit as Congress and the FDIC may establish. We will also act as your custodian with respect to your CDs pursuant to the custodial agreement that we have separately entered into with you ('Custodial Agreement'). The terms of our custodial relationship with you are set forth in the Custodial Agreement funds held in an account with us pending placement through CDARS or resulting from payments on CDs are subject to the FDIC insurance limits applicable to your deposits with us. CDARS includes a proprietary process owned by the Network that allocates orders submitted by member financial institutions on behalf of their depositors on dates veal -red by the Network. On each 'Order Date member institutions submit orders requesting the Network to (i) place funds for their depositors with Insured Institutions that we willing to accept deposits through CDARS or (ii) if the member institution is an Insured Institution, receive funds so placed by otter member institu- tions. On the 'Order Allocation Dale' the Network allocates orders submitted on the Order Date. CDARS offers different types of transactions through which we may place your funds with such Insured Institutions. In a'CDARS Reciprocal Transaction,' we receive through CDARS funds for deposit in an amount equal to the amount of your funds that we have placed through CDARS with respect to the corre- sponding Order Date, but we do not receive a fee. In a'CDARS One -Way Transaction,' we do not receive funds for deposit through CDARS, but we receive a fee from one or more insured Institutions that received deposits trough CDARS with respect to the corresponding Order Date. Funds that we submit for placement for you through a CDARS transaction may be placed at an Insured Institution without regard to whether the Insured Institution is participating in CDARS on that Order Date through a CDARS Reciprocal Transaction or through a CDARS One -Way Transaction or otherwise. We will place your funds through a CDARS Reciprocal Transaction unless we notify you that we will place your funds through a CDARS One -Way Transaction and you agree to our doing so. This agreement sets forth important Information about the placement process. By signing this agreement you agree to be bound by its terms each time that you submit funds to us for placement. Please read it carefufy. Some of the features of the CDs and the placement process are: When we place your funds, you will be issued CDs by Insured Institutions that have entered into agreements with the Network. • We will act as your custodian with respect to those CDs. • The CDs issued to you by Insured Institutions will have the interest rates and annual percentage yields ('APY') you have agreed to with us. • You wit not be charged a fee in connection with CD placements. • You may select the maturities and payment terms of your CDs from Lase that are available through CDARS at the time that you submit your funds for placement. • You may designate any Insured Institution as ineligible to receive your funds. ▪ Earty withdrawal of any CD you purchase may be available, but may be subject to substantial penalties. Section 1. Your Relationship With Us (a) Agency and Custodial Relationship We have entered into a contract with the Network pursuant to which we will endeavor to place your funds at other Insured Institutions that have also entered into contracts with the Network. Pursuant to our contract with the Network, we will adhere to the Network's policies and procedures in plating your funds. We wit act as your agent in connection with the placement of your funds in CDs. On ` certain Order Dates, we may have the opportunity to place your hinds through either h CDARS Reciprocal Transaction or a CDARS One Way Transaction. Although we will act as your agent In connection with the placement of your funds, we are not acting as your investment adviser and have no obligation to advise you of alternative investments available through CDARS or otherwise. Further, we make no representations with respect to the interest rates on deposits available on an Order Date through us or through CDARS, and we may receive greater benefits when we place your funds through one type of CDARS transaction than when we do so through another type of CDARS transaction or than we would if you instructed us to make a deposit other than through a CDARS transaction. We will act as your custodian with respect to your CDs acquired through CDARS. We have entered into an agreement with The Bank of New York to act as our sub -custodian with respect to the CDs for which we are acting as your custodian. No physical certificates evidencing the CDs will be issued. Each CD for which we act as your custodian will be recorded on the records of the Insured Institution that issues the CD in the name of our sub -custodian, w'Il be recorded on the records of the sub - custodian in our name. and wilt be recorded on our records In your name, at in a manner that will pemul FDIC deposit insurance to 'pass through' to you as the bene- ficial owner of the CD. You will receive from us a written confirmation of the issuance of your CDs and periodic account statements that will reflect your ownership of your CDs. The confirmation of CD issuance and the account statement(s) will be the only evidence that you will receive of your ownership of the CDs. You should retain the confirmation and the account statement(s) for your records. While we are acting as your c stodian, (i) all payments with respect to the CDs by the Insured Institutions that issue the CDs will be made to us, and we will credit the funds to an account or accounts you maintain with us or disburse the funds pur- suant to your instructions, and (ii) you can enforce your rights in the CDs through us. You may not transfer the CDs directly to another custodian. At your election, you may dismiss us as custodian, and your ownership of a CD may be recorded in your name on the books of the Insured Institution that issued the CD. If you choose to have the CD maintained in your name on the books of the Insured Institution that issued the CD, you will be able to enforce your rights in the CD directly against that Insured Institution. (b) Fees You will not pay a fee in connection with your placement of funds. If we place your funds through a CDARS Reciprocal Transaction, we will pay a fee to the Network la using the CDARS order allocation services and certain other services. If we place your funds through a CDARS One -Way Transaction. we and the Network wit receive a fee from one or more Insured Institutions receiving deposits through CDARS in respect of that Order Date. We may, in our discretion, waive some or all of our fee. and the Network may, in its discretion, waive some or all of its fee. We and the Network may receive different fees from different Insured Insttutlons. The Network may offer us and our employees non -cash incentives in connection with our place- ment of funds through CDARS. If you have been referred to us by a registered broker -dealer to place your funds through CDARS, we may pay a fee to that registered broker -dealer. (c) Limits on Placements Although we, through our arrangement with the Network, will endeavor to place your funds, on a particular Order Allocation Date the Network may not be able to allocate orders in a way That results in the placement of some or any of your funds. It any of your funds cannot be placed, the unplaced funds will be returned to you. You may ask us to resubmit unplaced funds for placement through CDARS on another day on which the Network performs its allocation service. (d) Each CO Will Be an Obligation of the issuer Each CD will be a deposit obligation of the Insured institution that issued the CD. Each CD will constitute a direct obligation of the Insured Institution that Issued it and wil not be, either directly or indirectly, our obligation or an obligation of the Network Your CD wit not be issued until the issuing Insured Institution receives and accepts your funds. (e)APY If you are not a -consumer for purposes of the Truth -in -Savings Act (-TSA'), Of if our communication with you in connection with your placement of funds through CDARS is not an 'advertisement' for purposes of TSA. we are not obligated to provide you with an APY on your CDs. (n Mutual institution Voting and Subscription Rights If a CD is issued to you by an Insured Institution in the mutual form of organization ('mutual institution') for funds placed for you through CDARS. you may receive through us a notice of a meeting of the depositor members of that mutual Institution. Because your CD is identified on the books of the mutual institution in the name of 0fil05 CI 1 the sub -custodian and not in your name, you val not be entitled to attend the meet- ing or vote by proxy. Under agreements that we have entered into with the sub-,us- todian that holds your CDs in its name on your behalf, the sub -custodian will forward meeting notices to us (for delivery to you) but it will not attend the meeting or vote by proxy. It is possible that the mutual institution also tray send notice of its intention to convert to a stock institution, and provide for priority, non -transferable subscription rights for depositor members of the mutual institution to purchase stock in the con- version. Because of the nature of our agreement with the sub -custodian, your CD will be identified on the books of the mutual institution in the name of the sub-custo- dran, and not in your name, and thus. you will rot be entitled to exercise any sub- scription right to purchase the stock, or to vote an the conversion. The sub -custodi- an, which will own the subscription right, also will not purchase any stock in the ox,n- version. Accordingly, if you wish to receive meeting notices directly, attend meetings and vote (to convert from the mutual to stock form of ownership, form a mutual holding company or otherwise) with respect to a CD you have acquired from a mutual institu- tion through CDARS, or wish to receive subscription rights in the event the mutual institution converts from mutual to stock form, you will have to dismiss us as custodi- an prior to the applicable record date (a date usually at least a year in advance from the date the mutual institution's board of directors adopts a plan of conversion) and have your ownership of the CD recorded in your name directly on the books of the mutual institution that issued the CD. Section 2. The Network (a) General The Network is not your agent and is responsible solely to us for performing the services for which we have retained it. The Network uses the proprietary process included in CDARS to allocate orders submitted on a specified Order Date by Insured Institutions to other Insured Institutions that are willing to accept deposits through CDARS. On an Order Allocation Date, the Network uses the CDARS allocation process to propose placements of funds with Insured Institutions wishing to receive funds, subject to your approval as set forth in the procedures set forth in Section 3 of this agreement (-Placement Procedures'). CDs for funds placed through CDARS will be issued to you on the business day immediately following the Order Allocation Date (the 'Settlement Date'). A -business day means any day other than a Saturday, a Sunday or a day on which banks in New York, New York are authorized or required by law or regulation to dose. (b) CDARS Reciprocal Transaction When we notify the Network that we wish to submit your funds for placement through a CDARS Reciprocal Transaction on an Order Date, we will agree to accept for deposit an equal or greater amount of deposits through CDARS. On the Settlement Date, CDs wil be issued to you and we will accept deposits placed by other member institutions. Your funds may be placed at Insured Institutions that are submitting funds for placement through a CDARS Reciprocal Transaction or at Insured Institutions that have requested deposits through CDARS with respect to the same Order Date. The Network, in addition to fees payable to it, may realize profits or incur losses in con- nection with the placement of your funds at one or more of those Insured Institutions on the terms you have agreed to with us. When your funds are placed through a CDARS Reciprocal Transaction, we may make or receive payments based upon the difference between the interest rate we have agreed upon with you for your CDs and the interest rate we pay on CDs that we issue to customers of other Insured Institutions. These payments will be calculat- ed pursuant to a formula that uses the projected volume -weighted average interest rate fur deposits placed through CDARS Redthruwl Transactions on the same day your funds are placed. These payments are intended to provide us with the same interest cost on the CDs we issue to depositors of other Insured institutions through a CDARS Reciprocal Transaction as we would have incurred had we issued the CDs directly to you. My profits or losses realized by the Network and any payments made or received by us will not change the terms we have agreed with yuu for your CDs. (c) CDARS One -Way Transaction On any Order Date, the Network may receive commitments from Insured Institutions wishing to receive funds through a CDARS One -Way Transaction. Based on these commitments, the Network communicates to us the maximum amount of funds that can be submitted for placement through CDARS One -Way Transactions in each CD -naturity on that Order Date. If we place your funds through a CDARS One.Way Transaction, we will not receive deposits on the Settlement Dale. and we will not make or receive payments as described under "CDARS Reciprocal Transactions' above. Your funds may be placed at Insured Institutions that are submitting funds for placement through CDARS Reciprocal Transactions or that have requested hinds for deposit on that Order Date. As set forth above, we and the Network each will receive a fee when we place your funds through a CDARS One -Way Transaction, and we or the Network may waive all or part of this fee. Any fees received by us or the Network wit not change the terms we have agreed to with you for your CDs. Section 3. Placement Procedures (a) Order Dates and Terns of CDs Each time you notify us that you wish to place funds through CDARS, we will inform you of (i) the available Order Dates, (ii) the CD maturities and payment terms avail- able on each Order Date, (ik) whether early withdrawal of the CDs is available and whether any penalties (and processing fees, if applicable) will be imposed on you for early withdrawal, (iv) any limits with respect lo placing funds and (v) whether we intend to submit the funds for placement through a CDARS One -Way Transaction. The terms and conditions available for CDs may change horn time to time. Each CD issued by an Insured Institution wit have a principal amount that, when aggregated with interest 10 accrue during the term of the CD, wit not exceed the FDIC insurance limit You may obtain information about the terms of the CDs made available through CDARS on an Order Date at www.CDARS.conVproducts. The interest rates and APYs for the CDs we offer to obtain fur you through CDARS will be agreed upon by you and us. For placements through CDARS Reciprocal Transactions, the interest rale and APY we agree upon with you will reflect the interest rate and APY we are wilting to pay on comparable deposits that we accept on the same day CDs are issued to you. For placements through CDARS One -Way Transactions, the ideresl rate and APY we agree upon with you will reflect the interest rale and APY that Insured Institutions requesting funds through CDARS One -Way Transactions for that Order Date are wilting to pay after paying fees to the Network and us. kderest on your CDs will compound daily. Payment options may vary based on the maturity of the CD. You may have the option with some CDs to choose between monthly payments of interest and payment of interest at maturity or other available interest payment terms. In addition, depending on the terms and conditions of a par- ticular CD. you may be able to change the payment terms of the CD during the term of the CD. If you choose to have interest paid to you during the term of the CD, you may not be able to re -invest the interest you are paid at an interest rate as favorable to you as the interest rate paid on the CD. Each CD will eam interest from the day your funds are deposited at the Insured Institution that issues the CD up to, but not including, the day your CD matures. If the date on which a payment with respect to a CD is due is not a business day, that payment will be made on the next business day. (b) Presumption of CDARS Reciprocal Transaction We will submit your funds for placement trough a CDARS Reciprocal Transaction unless we inform you that we will place your funds through a CDARS One -Way Transaction and you agree to our doing so. If we submit your funds for placement through a CDARS One -Way Transaction and the Network is not able to allocate our order, we may resubmit an order for your funds on that Order Date through a CDARS Reciprocal Transaction, unless you instruct us not to do so at the time you request that we submit your funds. If we so resubmit your funds through a CDARS Reciprocal Transaction, the CDs issued to you wit have the same terms as the CDs that would have been issued to you through the CDARS One -Way Transaction. If you are a public funds depositor or a non-profit institution submitting funds for placement and wish your funds to be placed only through CDARS Reciprocal Transactions, please inform us by checking the box at the end of this agreement. (c) List of Insured Institutions Each time you notify us that you desire to place funds through CDARS, you may obtain from us a list of Insured Institutions at which your funds may he placed. Not at of these Insured Institutions may be available to issue CDs with respect to an Order Date, and, before the ist is provided to you, we may have designated some Insured Institutions as ineligible to receive funds from our depositors. You should renew the list provided to you and inform us of the names) of any Insured Institution(s) at which you do not want to make a deposit, for any reason. At your option, you may also provide us with the names of Insured Institutions not then on the list at which you do not want to make a deposit. Once you have informed us of the name of an Insured Institution at which you do not want to make a deposit, your funds — whether submitted for placement through CDARS at the time you sign this agreement or in the future — will not be placed at that Insured Institution until you notify us in writing that funds may be placed in the Insured Institution. (For your con- venience, at the time you sign this agreement you may indicate to us on Schedule 1 the names of Insured Institutions at which you do not want to make a deposit.) Upon 06/05 DI 2 your request, we will obtain from the Network the list it maintains of Insured Institutions at which you do rot wish to make a deposit. As set forth below, you are responsible for monitoring your deposits at each Insured Institution for purposes of FDIC insurance coverage. (d) Request for Placement of Funds When you request that we place your funds through CDARS, we will submit to the Network a request for placement of your funds (*Ode?), inducing the type of CDARS transaction through which we are submitting the funds, the Order Date, the amount of funds to be placed and the terms (including interest rate and APY) of the CDs you are seeking. The Order will be in a form established by the Network. In order for us to submit an Order, you must provide us with all information required by the Network no later than the time specified in paragraph 1 of Schedule 2. (e) Approval of Proposed Placements We vn8 not know the name(s) of Insured Institution(s) at which your funds will be placed at the time we submit an Order for your funds. On each OrderAlloxation Date for which we submitted an Order for your funds. we will make available to you a list of the names of Insured Institutions at which your funds are proposed to be placed, the proposed deposit amount at each Insured Institution and the names of proposed alternate Insured Institutions at which your funds may be placed. You may obtain that list from us on the Order Allocation Date at or after the lime specified in paragraph 3 of Schedule 2, and. at any time prior to the time specified in paragraph 4 of Schedule 2, you may notify us of the name or names of any of the proposed or proposed altemate Insured Institutions at which you do not want to make a deposit. Although you may direct us not to place funds at a proposed or alternate proposed Insured Institution, you cannot d'uect us to place funds at a specific Insured Institution or specify the amount to be placed at any Insured Institution. If you eliminate one or more of the proposed or proposed alternate Insured Institutions from the list, or if one or more of them becomes unavailable for place- ment for any reason, your funds will be placed at the Insured Institutions Nat were not eliminated. If a sufficient number of proposed and proposed alternate Insured Institutions are eliminated or become unavailable so that not an of your funds can be placed, only as much of your funds will be placed as can be accommodated at the remaining Insured Institutions in CDs with principal amounts that, when aggregated with interest to accrue during the term of the CD, win not exceed the FDIC insurance limit. Your remaining funds will not be aitocated on the Order Allocation Date. In ;uch case, we will inform you of the amount of your funds that will not be placed and you may request that we resubmit an Order for your unplaced funds On another Order Date by repeating the procedure outlined above. If in connection with any placement of your funds through CDARS, you elimi- nate a proposed or proposed alternate Insured Institution In accordance with the above procedures, funds that you subsequently submit for placement through CDARS will not be placed in those Insured Institutions until you notify us otherwise in writing (n Your Consent to Placement Your funds wit not be placed unless you have consented to their placement. You will be deemed to have consented to the placement of your funds at the proposed or proposed alternate Insured Institutions as of the time specified in paragraph 4 of Schedule 2 if by that time you: (i) communicate your approval to us; (ii) do not request the list of proposed and proposed alternate Insured Institutions from us; rii) request the list of proposed and proposed alternate Insured Institutions from us, but do not respond to the proposed list; or (iv) respond to the list of proposed and proposed alternate Insured Institutions by eliminating one or more of the Insured Institutions, in which case you will be deemed to have consented to the placement of your funds at those Insured Institutions that you have no eliminated. (g) Time by Which We Must Have Your Funds; Settlement of Transactions Unless we have made other arrangements, each time that you agree to a placement of funds under this agreement you also agree that, by the time specified in para- graph 5 of Schedule 2, you will have in an account with us immediately available funds, which under applicable law are irreversible and are not subject to any lien, claim or encumbrance, equal to the amount of funds you have informed us that you are seeking to place. On the Settlement Date, your funds wit be deposited at Insured Institutions, payments to be made in connection with the placement of CDs will be made, and the CDs will be issued. (h) Additions and Early Withdrawal . No additions may be made to any CD. Insured Institutions generally impose a penal- Oil withdrawal of a CD prior to its maturity. However, no penalty will be charged or early withdrawal upon the death of the sole account holder of a CD. Written veri- fication acceptable to the Insured Institution that issued the CD may be required in such an event. We win inform you of the early withdrawal penalty applicable to your CDs when you submit funds for placement Pursuant to the Infernal Revenue Code of 1986, as amended, the beneficiary of an Individual Retirement Account ('IRA') (but not a Roth IRA) may incur a penalty fl the beneficiary does not begin making withdrawals from the IRA after age 70-1/2. A CD held in an IRA is not eligible for early withdrawal without penalty simply because the beneficiary must withdraw the CD to avoid a tax penalty. Early withdrawal of a CD may be made only in whole, not in part. You may request early withdrawal by contacting us, of which time you may specify which of your CDs you would Gke us to withdraw. If you choose not to specify which of your CDs to withdraw, early withdrawals will be made in accordance with Network proce- dures. In general, early withdrawal proceeds wit be available to you two business days after we receive your early withdrawal request. Neither we nor the Network wilt advance funds in connection with early with- drawals, and early withdrawal proceeds win not be available to you until they are paid to us by the Insured Institution that Issued the CD being withdrawn. (I) No Automatic Renewal or Rollover The CDs will mature on the date shown on the confirmation of CD issuance. Upon maturity, the principal amount of, and unpaid accrued interest on, the CD will be paid to you. The CDs will not be automatically renewed or rolled over, and interest on the CDs win not continue to accrue after the maturity date. If upon maturity you wish to re -deposit your funds in CDs through CDARS. you must instruct us to re -submit the hands as a new placement or you must lake advantage of our preauthonted re -sub- mission process. (I) Preauthorized Re -submission At the time you submit funds to us for placement through CDARS, you may request that we re -submit those funds for placement through CDARS upon the maturity of your CDs. Unless we have entered into a written arrangement with you, you must contact us before we re -submit your funds through CDARS to establish the new terms (including interest rate and APY) and the other specifics of your Order for your re -submitted funds. (k) No Physical Certificates As set forth in Section 1, no physical certificate evidencing a CD will be issued. You should not purchase a CD through CDARS if you need to take physical possession of a certificate. Suction 4. Important Considerations (a) Compare Features You should compare the rates of return and other features of a CD to other available deposit accounts before deciding to purchase CDs using the CDARS service. Nthough the CDs are issued by other Insured Institutions, the rates of interest paid on the CDs are determined by us based on () the interest rates and APYs we are wining to pay on deposits that we accept through CDARS on the Settlement Date (if your funds are placed by us through a CDARS Reciprocal Transaction) or (G) the interest rate and APY that Insured Institutions that have requested funds through CDARS One -Way Transactions for that Settlement Date are wiling to pay alter pay- ing fees to the Network and us (If your funds are placed by us through a CDARS One -Way Transaction). These rates may be higher or lower than the rates on CDs available through a CDARS One -Way Transaction (if we are placing your funds through a CDARS Reciprocal Transaction) or a CDARS Reciprocal Transaction (if we are placing your funds through a CDARS One -Way Transaction) or on comparable deposits available directly from us, from Insured Institutions that issue the CDs through CDARS, from other insured Institutions, or from insured depository institutions not participating in CDARS. (b) Uninsured Deposits With Us Funds held in an account with us prior to placement through CDARS and payments of CD interest and principal that are deposited in an account with us may not be cov- ered by FDIC insurance if, when aggregated with other deposits you maintain with us in the same capacity, the total amount of your deposits in accounts with us exceeds the FDIC insurance limit. You should discuss with us the options for holding your funds prior 10 placement and for having the payments on the CDs deposited with us or elsewhere. (c) Insolvency of an Insured Institution In the event an Insured Institution approaches insolvency or becomes insolvent, the Insured Institution may be placed in a regulatory conservatorship or receivership in which the FDIC is typically appointed as conservator or receiver. The FDIC may thereafter pay off the CDs Issued by that Insured Institution prior to maturity or trans- fer the CDs to another insured depository institution If the CDs are transferred to another institution, you may be offered a choice of retaining the CDs at a lower inter- est rate or having the CDs paid off. See Section 5 below, 'FDIC Insurance Information." 06105 DI 3 (d) Reinvestment Risk If your CD is paid prior to maturity as a result of the issuing Insured Institution's insol- vency or a voluntary earty withdrawal (see Section 3(h) above, 'Additions and Early Withdrawal.). you may rot be able to reinvest your funds at the same interest rate that you received on the original CD. Neither we nor the Network is responsible to you for any losses you may incur as a result of a lower interest rate on an invest- ment replacing your CD. (e) investment Restrictions If you are subject to restrictions with respect to the placement of funds in depository institutions. it is your responsibility to determine whether the placement of your funds through CDARS satisfies those restrictions. Section 5. FDIC Insurance Infonation In general, all accounts and deposits that you maintain with an Insured Institution in the same insurable capacity (whether you are acting directly or through an intermedi- ary) would be aggregated for purposes of the FDIC insurance limit Insurable capac- ities include individual accounts, joint accounts and individual retirement accounts. Upon request, we will provide you with a copy of the FDIC brochure 'Questions and Answers About Your Insured Deposit From the Federal Deposit Insurance Corporation.' You may also obtain information about deposit insurance coverage by contacting the FDIC, Otice of Consumer Affairs, by letter (550 17th Street, N.W., Washington, D.C. 20429), by telephone (877-275-3342, 800-925-4618 (TDD) or 202- 942-3100), or by e-mail (dcaintemet@fdic.gov), or by visiting the FDIC website at www.fdic.gov. You may wish to seek advice from your own attorney concerning FDIC 'insurance coverage of deposits held In more than one capacity. The present maximum S100,000 FDIC deposit insurance coverage applies to the principal and accrued interest on all CDs and other deposit accounts maintained by you in the same insurable capacity at a single Insured Institution. The records maintained by the Insured Institution, us and our sub -custodian regarding ownership of CDs will be used to establish your eligibility for federal deposit insurance pay- ments in respect of CDs issued through CDARS. In addition, you could be requred to provide certain documentation to the FDIC before insurance payments would be released to you In the event that deposit insurance payments become necessary for your CDs, the FDIC is required to pay the original principal amount plus accrued interest to the late of the closing of the relevant Insured institution, as prescribed by law, subject to the maximum (overage limitation. No interest is earned on deposits from the time an Insured Institution is dosed until insurance payments are received. We will notify you if we receive any payments from the FDIC with respect to your CDs. As an alternative to a direct deposit insurance payment from the FDIC, the FDIC may transfer the insured deposits of an insolvent institution to a healthy institution. Subject to insurance verification requirements and the limits on FDIC deposit insur- ance coverage, the healthy institution may assume your CDs under their original leans or offer you a choice between either receiving payment of the CDs or main- taining the deposits at a different rate. We wit advise you of your options in the event of a deposit transfer. As with all federally insured deposits, if it becomes necessary for federal deposit insurance payments to be made on the CDs, there is no specific lime period during which the FDIC must make the insurance payments available. Neither we nor the Network will be obligated to make any payments to you in satisfaction of a loss you might incur as a result of (i) a delay in insurance payouts applicable to a CD, (ii) your receipt of a decreased interest rate on an investment replacing a CD that is repaid prior to its scheduled maturity, or (hi) payment in cash of the principal and accrued interest of a CD prior to maturity in connection with the liquidation of an Insured Institution or the assumption of all or a portion of its deposit liabilities. Also, neither we nor the Network will be obligated to advance funds to you prior to pay- ment from the FDIC. Section 6. Total Amount of Your Deposits at Insured Institutions; Publicly Available Information Funds we submit for placement on your behalf on any Settlement Date are placed in CDs at enough different Insured Institutions to prevent the principal amount and any interest to accrue over the term of each CD placed on that Settlement Date from exceeding the $100,000 FDIC insurance limit. It is your responsibility, however, to monitor the total amount of deposits that you hold with each Insured Institution in order for you to determine the extent of FDIC deposit insurance coverage available to you on deposits at that Insured Institution, including the CDs issued through CDARS. See Section 5 above, 'FDIC Insurance Information,' for more information m FDIC insurance coverage. The Insured Institution at which a deposit is made is esponsible for the full amount deposited with it, and neither we nor the Network is responsible for any Insured or uninsured portion of any CD or any other deposits. Publicly available financial information concerning the proposed and proposed alter- nate Insured Institutions can be obtained by you at the website of the National Information Center of the Federal Reserve System maintained at www.ffec.gov/nici. Neither we nor the Network guarantees the financial condition of any Insured Institution or the accuracy of any pubtidy available financial information about the Insured Institution. Section 7. Confidentiality of Information We will provide your name, tax identification number and other pertinent identifying information to the Network and other parties providing services in connection with to placement of your funds and the issuance and holding of your CDs. We may also release such information to (i) an Insured Institution that has issued a CD to you, but only to the extent necessary to comply with any applicable law, rule or regulation or a judicial order and (d) the FDIC in connection with a claim for deposit insurance on your CD. You hereby consent to the release of that information to and Its use by (a) the Network and other parties providing services in connection with the placement of your funds and the issuance and custodying of your CDs. (b) Insured Institutions that have issued CDs to you to the extent necessary to comply with any applicable law. rule. regulation or judicial order, and (c) the FDIC in connection with a claim for deposit insurance on your CDs. The information will not be disclosed to other Insured Institutions except as set forth herein and will not be used by the Network or any other parties to whom we release the infomration for any other purpose except as set forth herein or directed by you. Section 8. Disputes Any disputes arising out of or in connection with this agreement will be governed by the dispute resolution, arbitration, choir(, of law, venue, waiver of jury trial, and costs related to dispute provisions, if any, contained in your Custodial Agreement with us under which we act as custodian for your CDs. Section 9. Miscellaneous Any information we are required to deliver to you pursuant to this agreement may be given to you by mail, facsfmte or other electronic transmission. This agreement: ▪ constitutes the entire agreement between us relating to the placement of deposits through CDARS and the other matters contained herein, ▪ supersedes all prior contracts or agreements relating to the placement of funds trough CDARS. whether oral or written, and • may not be amended by any oral representation made or oral agreement reached after the execution of this agreement. We may amend this agreement or any related document by modifying or rescinding any of its existing provisions or by adding any new provisions at any time by sending written notice of the amendment to you. We may provide written notice of an amendment to this agreement by means of a letter, an entry on your account statement or other means. Any amendment will be effective as of the date estab- lished by us in the amendment, subject to applicable law. This agreement is not assignable, in whole or in part, by either party except by operation of law or as required by law. The headings in this agreement are inserted for convenience and identification or.y, and are not intended to describe, interpret. define or limit the scope or intent of this agreement or any clause hereof. By signing below, you acknowledge that you have received this agreement, that you have read and understood this agreement and that you were given the opportu- nity to ask us any questions you may have had with respect to this agreement, the transactions contemplated by it, the CDs and FDIC insurance coverage of the CDs and deposits maintained with us Notice to Texas Residents Each time we place funds for you through the Network you are representing to us, the Network and each Insured Institution that is issuing CDs to you that your deposits with each Insured Institution issuing CDs to you (including the CDs and all deposits held directly by you or through other agents or custodians), when aggregated in accordance with FDIC regulations, are within the FDIC insurance limit applicable to you. lJCheck this box if you are a public funds depositor or a non-profit institu- tion submitting funds for placement and wish your funds to be placed only through CDARS Reciprocal Transactions. DEPOSITORS) Name of Depositor By: Name: Title: Depositor Tax ID or Other Depositor ID ID Type: Name of Depositor By Name: Tdte: Depositor Tax ID or Other Depositor ID: ID Type: Signed this day of DEPOSITORY INST TUTION SCHEDULE 1 INITIAI. LIST OF INSURED INSTITUTIONS AT WHICH YOU DO NOT WANT TO MAKE A DEPOSIT (ATTACH ADDITIONAL PAGES AS NECESSARY) Name of Institution Name of Institution Name of Institution City and State City and State City and State Name of Institution City and Stale Name of Institution City and State Name of Institution City and State Name of Institution City and State (Print Name of Institution) SCHEDULE 2 IMPORTANT TIMES AND DEADLINES IN CONNECTION WITH THE PLACEMENT By: OF YOUR FUNDS Name: True: This schedule contains important times and deadlines with respect to the placement of your funds. These times may change from time to time or on any particular Order Date or Order Allocation Date (which are currently the same business day), and we Acknowledged this day of , 200 will inform you of any change in times, as applicable, before you submit your funds for placement. You may also obtain information about any changes to times set forth in paragraphs 2, 3 and 4 below or about any scheduling change resuting in the Order Allocation Date taking place on the business day immediately following an Order Date at www.CDARS.conslproducts. 1. Time and day by which your request to have your funds placed must be submitted: on 2. Time and day by which we must submit your Order to the Network: 1:00 p.m. ET on the Order Date. 3. Time and clay at or after which you may obtain the list of names of the Insured Institutions at which your funds are proposed to be placed: 3:00 p.m. ET on the Order Allocation Date. 4. lime and day by which you must inform us of the name or names of any proposed Insured Institution at which you do not want to make a deposit: 4:00 p.m. ET on the Order Allocation Date. 5. Time and day by which we must have your available funds on acoaunt: on CDARS and Certificate of Deposit Account Registry Serviui are registered service marks of Promontory Interfinancial Network, LLC. 06/05 DI 5 Custodial Agreement You, the depository institution, may wish to use your own form of custodial agreement. The Network is providing this form of custodial agreement for your convenience. Before using this form of custodial agreement, you should ensure that this custodial agreement complies with the laws of your state. This form of custodial agreement is not designed for use with Individual Retirement Accounts ("IRAs"). In accordance with Section 8 of the CDARS Deposit Placement Agreement, you may wish to include your standard dis- pute resolution, arbitration, choice of law, venue, waiver of jury trial, and costs related to dispute provisions. Please Note: A form of Custodial Agreement must accompany the Deposit Placement Agreement in order for funds to be placed through the CDARS service. • 06/05 Di Custodial Agreement GENERAL AGREEMENT FOR CUSTODY OF CERTIFICATES OF DEPOSIT - FOR INDIVIDUAL(S), TRUSTS AND BUSINESS ENTITIES To: [Depository Institution] Please hold in safekeeping, and act as custodian with respect to, al time deposits including. but not limited 1o, certificates of deposit (ad such tine deposits will be referred to herein as "CDs") issued pursuant to the CDARSs Deposit Placement Agreement between you and the undersigned for funds of the undersigned placed through the Certificate of Deposit Account Registry ServiceQ. It is agreed between us as follows: For purposes of Article 8 of the Unifomm Commercial Code as adopted in (state) , you will act as the undersigned's securities intermediary with respect to, and wall treat as financial assets, any CDs you hold for the undersigned. You are authorized to collect for account of the undersigned all interest and other payments of income or principal pertaining to the CDs unless they are payable directly to the undersigned; to surrender for payment maturing CDs and those called for redemption; to endorse on behalf of the undersigned for the above purposes all checks and other instruments requiring endorsement; to cause the CDs to be regis- tered in your name or in the name of your nominee if you consider it desirable; to deliver or transfer the CDs to another account with you as the undersigned may from time to time instruct; to receive the CDs for aux cunt of the undersigned; to place orders for the purchase of the CDs, on the instructions of the undersigned and to pay fru the same provided the undersigned has funds on deposit with you or arranges to make funds available in advance for such purpose, and to execute and deliver or file on behalf of the undersigned all appropriate receipts and releases and other instru- ments, including whatever certificates may be required from custodians or may be necessary to obtain exemption from taxes and to name the undersigned when required for the purpose of the instrument. Instructions may be given orally or in writing. The following are authorized to give instructions on behalf of the undersigned (dheck all that apply). The undersigned (individual or partnership). Any of the following individuals. (List names and legal capacities.) Any of the folowing officers and their respective sucrnssors in office. (List names and their titles.) The undersigned, or the undersigned's account, is one of the fdbwing: Individual Custody (including guardian. agent, Joint nominee or conservator) Sole Proprietorship Payable Upon Death Account Partnership Irrevocable Trust _ Corporation Other You may o mpty with any writ of attachment, execution, gamishmert, tax levy, restraining order, subpoena, warrant or other legal process that you believe (correctly or otherwise) to be valid. You may notify the undersigned of such process by tele- phone, electronicatly or in writing. 11 you are not fully reimbursed for your record research, photocopying and handling costs by the party that served the process, you may charge such costs to the undersigned's account. in addition to any minimum fee you charge for complying with legal processes. You may honor any legal process that is served personalty, by mail, or by fac- simile transmission at any of your offices or an office of your agent (including loca- tions other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where the undersigned's account or muds are maintained. You shad have no liability to the undersigned for any action taken or omitted by you hereunder in good faith. The undersigned agrees to indemnify you and your nominees against, and to hold you and them harmless from, all expenses (including counsel fees), liabilities and claims arising out of the holding, delivery or transfer of the CDs and compliance with any legal process that you believe (correctly or otherwise) to be valid. The undersigned agrees to pay any service charges imposed by you on this custodial account. This agreement may be terminated at any time at the option of either party, pro- vided, however, that any termination by you will not become effective until the end of the term of any CD in your safekeeping at the time you rotify the undersigned of your intention to terminate this agreement. DEPOSITOR(S) Name of Depositor: By: Name: Title: Name of Depositor: By: Name: Title: Signed this DEPOSITORY INSTITUTION (Print name of institution) By. Name: Tolle: Acknowledged this . day of , 200_ _ day of . , 200_ [NOTE: If the depositor is a corporation, the following certificate should be signed by an appropriate officer of the depositor other than one signing the form of custodial agreement.] [name). (title of office] of the above named corporation signing the foregoing agreement, hereby certify that: I am personally familiar with al instruments and records relating to the organization and operation of the corporation and the meetings and proceedings of its stockholders and al boards and committees entrusted with authority in the management of its affairs; by corporate action taken in conformity with such instruments and records and appearing from said records to be still in force, the foregoing letter of agreement was authorized to be signed and delivered on behalf of said corporation; and each of the persons signing on behalf of said corporation is the qualified holder of the office given opposite his/her signature and was authorized to sign the said letter of agree- ment in that capacity. Signature: CDARS end Certificate of Deposit Account Registry Service are Iegstered sere marks of Promontory Inlerriranctol Network, LLC. 06.05 DI A-1 Restated CDARS® Deposit Placement Agreement This restated CDARS Deposit Placement Agreement modifies and replaces the CDARS Deposit Placement Agreement that you previously executed with us. You may wish to file this restated version with your copy of the previously executed version. You, the undersigned, and (referred to in this agreement as we' and'us') are entering into this agreement to set forth the terms and conditions under which we will assist you from time to time in placing your funds in lime deposits with depository institutions (each an 'Insured Institution') whose accounts are insured by the Federal Deposit Insurance Corporation (`FDIC"). Through an arrangement with Promontory Interfinvoial Network LLC (-Promontory"), we will endeavor to place your funds in time deposits ('CDs') issued by Insured Institutions through Promontory's Certificate of Deposit Account Registry Service®, or CDARS®, in principal amounts That, when aggregated with interest to acme over the term of the CD, will not exceed the Standard Maximum Deposit Insurance Amount ("SMDIA) for deposits of one depositor at one Insured Insfihdiat (currently $100,000). Although certain "self -directed' retirement accounts, such as IRAs, may be eligible for coverage under a higher FDIC insurance limit (currently $250,000) for deposits of one depositor at one Insured Institution. CDs for these retirement accounts will be placed using CDARS in amounts that will not exceed the SMDIA. We will also act as your custodian with respect to your CDs pursuant to the custodial agreement that we have separately entered into with you ('Custodial Agreement'). The terms of our custodial relationship with you are set foilh in the Custodial Agreement Funds held in an account with us pending placement through CDARS or resulting from payments on CDs are subject to the SMDIA applicable to your deposits with us and therefore may not be nutty insured by the FDIC. CDARS is a proprietary process owned by Promontory that allocates orders submitted by participating financial institutions on behalf of their depositors on dates ('order Dates') specified by Promontory. 0n each Order Date partiripatktg institu- tions subrnit orders requesting that Promontory allocate funds for their depositors to Insured Institutions that are wBGng to accept deposits through CDARS. On the 'Order Allocation Date' Promontory allocates orders submitted on the Order Date. CDARS offers different types of transactions through which we may place your unds with Insured Institutions. In a 'CDARS Reciprocalsa Transaction,' we receive funds for deposit in an amount equal to the amount of your funds that we have placed using CDARS with respect to the Order Date for which your Order was sub- mitted to Promontory, but we do not receive a fee. In a'CDARS One-Waysm Transaction," we do not receive funds for deposit, but we receive a fee from one or more Insured Institutions that received deposits through CDARS with respect to the corresponding Order Date. Funds that we place for you through a CDARS transac- tion may be placed at an Insured Institution without regard to whether the Insured Institution is participating in CDARS on that Order Date through a CDARS Reciprocal Transaction or through a CDARS One Way Transaction or otherwise. We will place your funds through a CDARS Reciprocal Transaction unless we notify you that we will place your funds through a CDARS One -Way Transaction and you consent to our doing so. If you with to have us place your funds only through a CDARS Reciprocal Transaction, you may check a box provided for this purpose at the end of this Agreement If you do not check this box we will not place your funds through a CDARS One -Way Transaction without your consent. This agreement sees forth important information about the placement process. By signing this agreement you agree to be bound by its terms each time that you submit funds to us for placement. Please read it carefully. Some of the features of the CDs and the placement process are: • When we place your funds, you will be issued CDs by Insured Institutions that have entered into agreements with Promontory. • We will act as your custodian with respect to those CDs. • The CDs issued to you by Insured Institutions will have the interest rates and annual percentage yields ('APY') you have agreed to with us. • You will nut be charged a fee in connection with CD placements. ▪ You may select the maturities and payment terms of your CDs from those that are available through CDARS at the time that you submit your funds for placement. • You may designate any Insured Institution as inefgtble to receive your funds. • Early withdrawal of any CO you purchase may be available, but may be subject to substantial penalties. • No secondary market for the CDs currently exists, but early withdrawal of any CD you purchase is available, subject to applicable penalties. Section 1. Your Relationship With Us (a) Agency and Custodial Relationship We have entered into a contract with Promontory pursuant to which we will use CDARS to assist us in endeavoring to place your funds at other Insured Institutions that have also entered into contrails with Promontory. Pursuant to our contract with Promontory, we will adhere to Promontory's policies and procedures in placing your funds. We will act as your agent in connection with the placement of your funds in CDs. As set forth above, we will place your funds through a CDARS Reciprocal Transaction unless you agree to having your funds placed through a CDARS One - Way Transaction. Although we will act as your agent In connection with the placement of your funds, we are not acting as your investment adviser and have no obligation to advise you of alternative investments available through CDARS or otherwise. Further, we make no representations with respect to the interest rates on deposits available on an Order Date through us or through CDARS, and we may receive greater benefits when we place your funds through one type of CDARS transaction than when we do so through another type of CDARS transaction or than we would if you instructed us to make a deposit other than through a CDARS transaction. We MI act as your custodian with respect to your CDs acquired through CDARS. We have entered into an agreement with The Bank of New York to act as our sub -custodian with reseed to the CDs for which we are acting as your custodian. No physical certificates evidencing the CDs will be Issued. Each CD for which we act as your custodian will be recorded on the records of the Insured Institution that issues the CD in the name of our sub -custodian, wilt be recorded on the records of the sub -custodian in our name, and will be recorded on our records in your name, all in a manlier that wilt permit your CD to be FDIC Insured to the same extent as if you held it directly with the Insured Institution. You will receive from us a written confir- mation of the issuance of your CDs and periodic account statements that will refect your ownership of your CDs. The confirmation of CD issuance and the account statement(s) will be the only evidence that you will receive of your ownership of the CDs. You should retain the confirmation and the account statement(s) for your revords. While we are acting as your custodian, (i) all payments with respect to the CDs by the Insured Institutions that issue the CDs will be made to us, and we wit credit the funds to an account or accounts you maintain with us or disburse the funds pur- suant to your instructions, and (ii) you can enforce your rights in the CDs through us. You may not transfer the CDs directly to another custodian. At your election, you may dismiss us as custodian, and your ownership of a CD may be recorded in your name on the books of the Insured Institution that issued the CD. If you choose to have the CD maintained in your name on the books of the Insured Institution that issued the CD. you will be able to enforce your rights In the CD directly against that Insured Institution. (b) Fees You will not pay a fee in connection with your placement of funds. If we place your funds through a CDARS Reciprocal Transaction, we will pay a fee to Promontory for using the CDARS order allocation services and certain other services. U we place your funds through a CDARS One -Way Transaction, we and Promontory will receive fees from one or more Insured Institutions receiving deposits through CDARS in respect of that Order Date. We may. in our discretion, waive some or all of our fee. and Promontory may, in its discretion, waive some or all of its fee. We and Promontory may receive different fees from different Insured Institutions in connec- tion with the same transaction. Promontory may offer us and our employees non - cash incentives in connection with our placement of funds through CDARS. (c) Limits on Placements Although we, through our arrangement with Promontory, will endeavor to place your funds, on a particular Order Allocation Date Promontory may not be able to allocate orders in a way that results in the placement of some or any of your funds. The allo- cation process utilized by Promontory may reflect considerations of federal and state law. funding needs of Insured Institutors, economic conditions. Promontory's objec- tives or other factors determined by Promontory in its sole discretion. 0413T ill 1 If any of your funds cannot be placed, the unplaced funds will be returned to you. You may ask us to resubmit unptaced funds for placement through CDARS on mother day on which Promontory performs its allocation service. (d) Each CD wll Be an Obligation of the Issuer Each CD will be a deposit obligation of the Insured Institution that Issued the CD and will not be, either rfirectty or indirectly. our obligation or an obligation of Promontory. Your CD will not be issued until the issuing Insured Institution receives and accepts your funds. (e) APY If you are not a 'consumer for purposes of the TruttinSavings Ad ("TSA'), or if our communication with you in comedian with your placement of hinds through CDARS is not an 'advertisement* for purposes of TSA, we are not obligated to provide you with an APY on your CDs. (I) Mutual Institution Voting and Subscription Rights If a CD is issued to you by an Insured Institution in the mutual form of organization ('mutual institution') for funds placed for you through CDARS, you may receive through us a notice of a meeting of the depositor members of that mutual institution. Because your CD is identified on the books of the mutual institution in the name of the sub -custodian and not in your name, you will not be entitled to attend the meet- ing or vote by proxy. Under agreements that we have entered into with the sub -cus- todian that folds your CDs in its name on your behalf, the sub -custodian will forward meeting notices to us (for delivery to you) but it will not attend the meeting or vote by proxy. It is possible that the mutual institution also may send notice of its intention to convert to a stock institution, and provide for priority, non -transferable subscription rights for depositor members of the huh ,a institution to purchase stock in the con- version. Because of the nature of our agreement with the sub -custodian, your CO will be identified on the books of the mutual institution in the name of the sub -custo- dian, and not in your name, and thus, you will not be entitled to exercise any sub- scription right to purchase the stock, or to vole on the conversion. The sub -custodi- an, which will own the subscription right, also will not purchase any stock in the con- version. Accordingly. if you wish to receive meeting notices directly, attend meetings and vote (to convert from the mutual to stock form of ownership, form a mutual holding company or otherwise) with respect to a CD you have acquired from a mutual istitu- ion through CDARS, or wish to receive subscription rights in the event the mutual institution converts from mutual to stock form, you will have to dismiss us as custodi- an prior to the applicable record date (a date usually at least a year in advance from the date the mutual instllutfori s board of directors adopts a plan of conversion) and have your ownership of the CD recorded in your name directly on the books of the mutual institution that issued the CD. Section 2. Promontory (a) General Promontory is not your agent and is responsible solely to us for performing the serv- ices for which we have retained it Promontory uses the proprietary process includ- ed in CDARS to allocate orders submitted on a specified Order Date by Insured Institutions to other Insured Institutions that are wrlkng to accept deposits through CDARS. On an Order Allocation Date, Promontory uses the CDARS allocation process to propose placements of funds with Insured Institutions wishing to receive funds, sub- ject to your approval as set forth in the procedures set forth in Section 3 of this agreement ('Placement Procedures") CDs for funds placed through CDARS will be issued to you on the business day immediately following the Order Allocation Date (the 'Settlement Date'). A 'business day means any day other than a Saturday, a Sunday or a day on which banks in New York. New York are authorized or required by law or regulation to close. In addition to the fees payable to It in connection with CDARS Reciprocal Transactions and CDARS One -Way Transactions, Promontory may realize profits or incur losses in connections with the placement of your funds at one or more Insured Insured Institutions on the terns you have selected. (b) CDARS Reciprocal Transaction When we notify Promontory that we wish to submit your funds for placement through a CDARS Reciprocal Transaction on an Order Date, we will agree to accept for deposit an equal or greater amount of deposits through CDARS. On the Settlement Date. CDs wit be issued to you and we will accept deposits placed by other partici- pating institutions. Your funds may be placed at Insured Institutions that are submitting funds for nacement through a CDARS Reciprocal Transaction or at Insured Institutions that have requested deposits through CDARS with respect to the same Order Date. When your funds are placed through a CDARS Reciprocal Transaction, we may make or receive payments based upon the difference between the interest rate we have agreed upon with you for your CDs and the interest rale we pay on CDs that we issue to customers of other Insured Institutions. These payments will be calculated pursuant to a formula that uses the projected volume -weighted average interest rate for deposits placed through CDARS Reciprocal Transactions on the same day your funds are placed. These payments are intended 10 provide us with the same interest cost on the CDs we issue to depositors of other Insured Institutions through a CDARS Reaprocal Transaction as we would have incurred had we issued the CDs directly to you. Any payments made or received by us, or fees received by Promontory, wit not charge the terms we have agreed with you for your CDs. (c) CDARS One -Way Transaction On any Order Date, Promontory may receive commitments from Insured Institutions wishing to receive funds through a CDARS One -Way Transaction. Based on these commitments, Promontory communicates to us the maximum amount of funds that can be submitted for placement through CDARS One -Way Transactions in each CD maturity on that Order Date. If we place your funds through a CDARS One -Way Transaction, we will not receive deposits on the Settlement Date, and we will not make or receive payments as described under 'CDARS Reciprocal Transactions' above. Your funds may be placed at Insured Institutions that are submitting funds for placement through CDARS Reciprocal Transactions or that have requested funds for deposit on that Order Date. As set forth above, we and Promontory each will receive a fee when we place your funds through a CDARS One -Way Transaction. and we or Promontory may waive all or part of this fee. Any lees received by us or Promontory will not change the terms we have agreed to with you for your CDs. Section 3. Placement Procedures (a) Order Dates and Terms of CDs Each time you notify us that you wish to place funds through CDARS, we will inform you of p) the available Order Dates, (d) the CD maturities and payment terms avail- able on each Order Date, Qii) whether early withdrawal of the CDs is available and whether any penalties (and pror.vng fees, if applicable) will be imposed on you for earty withdrawal, (iv) any limits with respect to placing funds and (v) whether we intend to submit the funds for placement through a CDARS One -Way Transaction. The terms and conditions available for CDs may change from time to time. Each CD issued by an Insured Institution wtll have a principal amount that, when aggregated with interest to acme during the term of the CD, will not exceed the bask FDIC insurance limit. You may obtain information about the terms of the CDs made available through CDARS on an Order Date at www.CDARS.convrproducts. The interest rates and APYs for the CDs we offer to obtain for you through CDARS will be agreed upon by you and us. For placements through CDARS Reciprocal Transactions, the interest rate and APY we agree upon with you will reflect the interest rate and APY we are wilting to pay, after paying a fee to Promontory. For placements through CDARS One -Way Transactions, the interest rate and APY we agree upon with you will reflect the interest rate and APY that Insured Institutions requesting funds through CDARS One -Way Transactions for that Order Date are wiling to pay after paying fees to Promontory and us. Interest on your CDs wBl compound daily. Payment options may vary based on the maturity of the CD. You may have the option with some CDs to choose between monthly payments of interest and payment of interest at maturity or other available interest payment terms. In addition, depending on the terms and conditions of a par- ticular CD, you may be able to change the payment terns of the CD during the term of the CD. If you choose to have interest paid to you during the tern of the CD, you may not be able to re -invest the interest you are paid at an interest rate as favorable to you as the interest rate paid on the CD. Each CD will earn interest from the day your funds are deposited at the Insured Institution that issues the CD up to, but not including, the day your CD matures. If the date on which a payment with respect to a CD is due is not a business day, that payment will be made on the next business day. (b) Presumption of CDARS Reciprocal Transaction We will submit your funds for placement through a CDARS Reciprocal Transaction unless we inform you that we will place your funds through a CDARS One -Way Transacts n and you agree to our doing so. If we submit your funds for placement through a CDARS One -Way Transaction and Promontory is not able to allocate our order, we may resubmit an order for your funds on that Order Date trough a CDARS Reciprocal Transaction. unless you instruct us not to do so at the time you request that we submit your funds. If we so resubmit your funds through a CDARS Reciprocal Transaction. the CDs issued to you will have the same terns as the CDs that would have been issued to you through the CDARS One -Way Transaction. If you are a public funds depositor or a non-profd institution submitting funds for placement and wish your funds to be placed only through CDARS Reciprocal Transactions, please inform us by checking the box at the end of this agreement. 04107 DI 2 (c) List of Insured Institutions Each time you notify us that you desire to place funds through CDARS. you may obtain from us a list of Insured Institutions at which your funds may be placed. Not an of these Insured Institutions may be available to issue CDs with respect to an Order Date. and, before the fist is provided to you. we may have designated some Insured Institutions as ineligible to receive funds from our depositors. You should review the list provided to you and inform us of the name(s) of any Insured Institution(s) at which you do not want to make a deposit, for any reason. Al your option, you may also provide us with the names of Insured Institutions not then on the list at which you do not want to make a deposit Once you have informed us of the name of an Insured Institution al which you do not want to make a deposit. your funds —whether submitted for ptacemenl through CDARS at the time you sign this agreement or in the future — will not be placed at that Insured Institution until you notify us in writing that funds may be placedinthe Insured Institution. (For your con- venience, al the time you sign this agreement you may indicate to us on Schedule 1 the names of Insured Institutions at w$ ich you do not want to make a deposit.) Upun your request, we will obtain from Promontory the list it maintains of Insured Institutions at which you do not wish to make a deposit. As set forth below, you are responsible for monitoring your deposits at each Insured Institution for purposes of FDIC insurance coverage. (d) Request for Placement of Funds When you request that we place your funds through CDARS, we will submit to Promontory a request for placement of your funds (an 'Order"). including the type of CDARS transaction through which we are submitting the funds, the Order Date, the amount of funds to be placed and the terms (including interest rate and APY) of the CDs you are seeking. The Order will be in a form established by Promontory. In order for us to submit an Order, you must provide us with all information required by Promontory no later than the time specified in paragraph 1 of Schedule 2. (e) Approval of Proposed Placements We well not know the names) of Insured institution(s) at which your funds wit be placed at the time we submit an Order for your funds. On each Order Notation Date for which we submitted an Order tor your funds. we will make available to you a list of the names of Insured Institutions at which your funds are proposed to be placed, the proposed deposit amount at each Insured Institution and the names of proposed alternate Insured Institutions at which your funds may be placed. You may obtain that list from us on the Order Allocation Date at or after the time specified in paragraph 3 of Schedule 2, and, at any time prior to the time specified to paragraph 4 of Strinedule 2, you may notify us of the name or names of any of the proposed or proposed attemate Insured Institutions al which you do not want to make a deposit. Although you may direct us not to place funds at a proposed or alternate proposed Insured Institution, you cannot direct us to place funds at a specific Insured Institution or specify the amount to be placed at any Insured Institution. t you eliminate one or more of the proposed or proposed alternate Insured Institutions from the list, o if one or more of them becomes unavailable for place ment for any reason, your funds will be placed al the Insured Institutone that were not eliminated. If a sufficient number of proposed and proposed alternate Insured Institutions are eliminated or become unavailable so that not all of your funds can be placed, only as much of your funds will be placed as can be deposited at the remain- ing Insured Institutions in CDs with principal amounts that, when aggregated with interest to accrue during the term of the CDs, will not exceed the SMDIA. Your remaining funds wit not be allocated on the Order Allocation Date. In such case, we wit inform you of the amount of your funds that wifl not be placed and you may request that we resubmit an Order for your unplaced funds on another Order Date by repeating the procedure outlined above. If in connection with any placement of your funds using CDARS, you eliminate a proposed or proposed alternate Insured Institution in accordance with the above pro- cedures, funds that you subsequently submit for placement will not be placed in that Insured Institution until you notify us otherwise in welting. (I) Your Consent to Placement Your funds will not be placed unless you have consented to their placement. You wit be deemed to have consented to the placement of your funds at the proposed or proposed alternate Insured Institutions as of the time specified in paragraph 4 of Schedule 2 if by that time you: li) communicate your approval to us; (ii) do not request the list of proposed and proposed alternate Insured Institutions from us; request the list of proposed and proposed alternate Insured Institutions from us, but do not respond to the proposed list or (iv) respond to the list of proposed and proposed alternate Insured Institutions by efirninating one or more of the Insured Institutions, in which case you will be deemed to have consented to the placement tit your funds at Nose Insured Institutions that you have not eliminated. Pf1l (g) Time by Which We Must Have Your Funds; Settlement of Transactions Unless we have made other arrangements, each time that you agree to a placement of funds under this agreement you also agree that, by the time specified in paragraph 5 of Schedule 2. you wit have in an account with us inunedately available funds, which under applicable law are irreversible and are not subject to any hen, claim or encumbrance, equal to the amount of funds you have informed us that you are seek- ing to place. On the Settlement Date, your funds will be deposited at Insured Irstitutions, payments to be made in connection with the placement of CDs will be made, and the CDs wit be issued. (h) Additions and Early Withdrawal No additions may be made to any CD. Insured Institutions impose a penalty on with- drawal of a CD prior to its maturity. However, no penalty wit be charged for early withdrawal upon the death of an individual who is the sole account holder of the CD. This exception applies to an individual who is the named account holder as well as an individual who is the sole current mandatory or discretionary Insane beneficiary of a trust, including the sole current beneficiary of a unitrust or annuity trust. Written ver- ification acceptable to the Insured Institution that issued the CD may be required in such an event. We will inform you of the early withdrawal penalty applcable to your CDs when you submit funds for placement. For a CD with a term of 4 or 13 weeks, the early withdrawal penalty is equal to 28 or 90 days, respectively, of simple interest calculated at the CD rate. The penalties for early withdrawal of 4 or 13 week CDs are equivalent to substantially all of the interest that would have been earned over the full term and will invade principal. For a CD with a term of 26 weeks or longer, the early withdrawal penalty is equal to simple interest calculated at the CD rate for approximately half the number of days in the full term The penalties for earty with- drawal of CDs with a term 26 weeks and longer are equivalent to hall of the interest that would have been earned over the full term and may invade principal. The current schedule of products available and applicable early withdrawal penalties may be viewed at www.CDARS.comlproducts. Pursuant to the Internal Revenue Code of 1986, as amended, the beneficiary of an Individual Retirement Account (`IRA') (but not a Roth IRA) may incur a penalty if the beneficiary does not begin making withdrawals from the IRA after age 70-1/2. A CD held in an IRA is not eligible for early withdrawal without penalty simply because the beneficiary must withdraw the CD to avoid a tax penalty. Early withdrawal of a CD may be made only in whole, not in part. You may request early withdrawal by contacting us, al which time you may specify which of your CDs you would like us to withdraw. If you choose not to specify which of your CDs to withdraw, early withdrawals will be made using an automated process that generates random selections based on amount. In general. early withdrawal pro- ceeds will be available to you two business days after we receive you early with- drawal request Neither we nor Promontory will advance funds in connection with early with- drawals, and early withdrawal proceeds will not be available to you until they are paid to us by the Insured Institution that issued the CD being withdrawn. (i) No Automatic Renewal or Rollover The CDs will mature on the date shown on the confirmation of CD issuance. Upon maturity the principal amount of, and unpaid accrued interest on, the CD will be pald to you. The CDs will not be automatically renewed or rolled over, and interest on the CDs wll not continue to accrue after the maturity date. If upon maturity you wish to re -deposit you funds in CDs through CDARS, you must instruct us to re -submit the funds as a new placement or you must take advantage of our preaulhorized re -sub- mission process. (1) Preauthorized Re -submission At the time you submit furls to us for placement though CDARS, you may request that we resubmit those funds for placement through CDARS upon the maturity of your CDs. Unless we have entered into a written re -submission arrangement with you, you must contact us before we resubmit your funds through CDARS to estab- lish the new terms (including interest rate and APY) and the other specifics of your Order for your re -submitted funds. (k) No Physical Certificates As set forth in Section 1, no physical certificate evidencing a CD will be issued. You should not purchase a CD through CDARS if you need to take physical possession of a certificate. Section 4. Important Considerations (a) Compare Features You should compare the rates of rehrm and other features of a CD to other available deposit accounts before deciding to purchase CDs using the CDARS service. Although the CDs are issued by other Insured Institutions, the rates of interest paid on the CDs are determined by us based on (i) the interest rates and APYs we are wilting to pay on deposits that we accept through CDARS on the Settlement Date (if your funds are placed by us through a CDARS Reciprocal Transaction) or (h) the n41a7 01 3 interest rate and APY that ensured Institutions that have requested funds through CDARS One -Way Transactions for that Settlement Date are witting to pay after pay- ng fees to Promontory and us (if your funds are placed by us through a CDARS One -Way Transaction). These rates may be higher or lower than the rates on CDs available through a CDARS One -Way Transaction (if we are placing your funds through a CDARS Reciprocal Transaction) or a CDARS Reciprocal Transaction (it we are placing your funds through a CDARS One -Way Transaction) or on comparable deposits available directly from us, from Insured Institutions that issue the CDs through CDARS, from other Insured Institutions, or from insured depository institutions not participating in CDARS. (b) Uninsured Deposits With Us Funds held in an account with us prior to placement using CDARS or prior to pay- ment of CD interest and principal us may not be covered by FDIC insurance if, when aggregated with other deposits you maintain with us in the same capacity, the total amount of your deposits in accounts with us exceeds the FDIC insurance limit appli- cable to your deposits with us. You should discuss with us the options for holding your funds prior to placement and for having the payments on the CDs deposited with us or elsewhere. (c) Insolvency of an Insured Institution In the event an Insured Institution approaches insolvency or becomes insolvent, the Insured Institution may be placed in a regulatory conservatorship or receivership in which the FDIC is typically appointed as conservator or receiver. The FDIC may thereafter pay of the CDs issued by that Insured Institution prior to maturity or trans- fer the CDs to another insured depository institution. If the CDs are transferred to another institution, you may be offered a choice of retaining the CDs at a lower inter- est rate or having the CDs paid off. See Section 5 below. 'FDIC Insurance Information.' (d) Reinvestment Risk If your CD is paid prior to maturity as a result of the issuing Insured Institution's insol- vency or a voluntary early withdrawal (see Section 3(h) above, 'Additions and Early Withdrawals), you may not be able to reinvest your funds at the same interest rate that you received on the original CD. Neither we nor Promontory is responsible to you tor any losses you may incur as a result of a lower interest rate on an invest- ment replacing your CD. 'e) Investment Restrictions If you are subject to restrictions with respect to the placement of funds in depositary institutions, it is your responsibility to determine whether the placement of your funds by us using CDARS satisfies those rest iciorns. For example, when placing funds for deposit using CDARS, some governmental unit depositors may be required by law or policy to place funds only using a CDARS Reciprocal Transaction, in which the insti- tution placing the funds for deposit using CDARS receives funds for deposit in an arnount equal to the amount of funds that was placed by the depositor using CDARS with respect to the corresponding Order Date. When we place funds for deposit using a CDARS One -Way Transaction, we will not receive matching funds using CDARS. Section 5. FDIC Insurance Information (a) Deposit Insurance Coverage In general. all accounts and deposits that you maintain with an Insured Institution in the same insurable capacity (whether you are acting directly or through an intermedi- ary) would be aggregated for purposes of the applicable FDIC insurance. limit. Insurable capacities include individual accounts, joint accounts and individual retire- ment accounts. A tax identification number is not evidence of, and does not estab- lish, an insurable capacity that is separate from another tax identification number used by the same person o entity. Upon request, we will provide you with a copy of the FDIC brochure -Your Insured Deposits — FDIC's Guide to Deposit Insurance Coverage.' You may also obtain information about deposit insurance coverage by contacting the FDIC, Office of Consumer Affairs, by letter (550 170 Street, N.W., Washington, D.C. 20429), by telephone (877-275-3342. 800-925-4618 (TDD) or 202- 942-31001, or by e-mail (dcaintemet@fdic.gov), or by visiting the FDIC website at wtvw fdic gov. You may wish to seek advice from your own attorney concerning FDIC insurance coverage of deposits held in more than one capacity. FDIC deposit insurance coverage applies to the principal and accrued interest on all CDs and other deposit accounts maintained by you in the same insurable capacity at a single Insured Institution. The records maintained by the Insured Institution. us and our sub -custodian regarding ownership of CDs will be used to establish your eligibility for federal deposit insurance payments in respect of CDs ssued through CDARS. In addition, you could be required to provide certain docu- exaltation to the FDIC before insurance payments would be released to you. (6) Government Unit Deposits The requirements for deposit insurance coverage of the deposits of the United States government, state, county and municipal governments and their political subdivisions. the District of Columbia and the Commonwealth of Puerto Rico are specifically set froth in regulations of the FDIC (12 C.F.R. 330.15). In general, such deposits will be insured up to the SMDIA and individual departments and political subdivisions within a governmental unit may be eligible for separate insurance if certain requirements are met. The use of separate tax Identification numbers by different departments or political subdivisions of the same governmental unit wit not by itself cause the deposits of such departments or political subdivisions to be eligible for separate FDIC insurance. It is the obligation of each govemmental entity to determine whether the require- ments for deposit insurance have been meL Neither we. Promontory. not the insured Institution issuing CDs to you are responsible for uninsured losses resulting from placement of funds that are not eligible for deposit insurance. (c) Deposit Insurance Payments In the event That deposit insurance payments become necessary for your CDs, the FDIC is required to pay to original principal amount plus accrued interest to the date of the dosing of the relevant Insured Institution, as prescribed by law, subject to the limits on FDIC deposit insurance coverage. No interest is earned on deposits from the time an Insured Institution is closed until insurance payments are received. We will notify you if we receive any payments from the FDIC with respect to your CDs. As an alternative to a direct deposit insurance payment from the FDIC, the FDIC may transfer the insured deposits of an insolvent institution to a healthy institution. Subject to insurance verification requirements and the limits on FDIC deposit insur- ance coverage, tine healthy institution may assume your CDs under their original tens or offer you a choice between either receiving payment of the CDs or maintain- ing the deposits at a different rate. We will advise you of your options in the even) of a deposit transfer. As with all federally insured deposits, if it becomes necessary for federal deposit insurance payments to be made on the CDs, there is no specific time period during which the FDIC must make the insurance payments available. Neither we nor Promontory wit be obligated to make any payments to you in satisfaction of a loss you might incur as a result of (i) a delay in insurance payouts applicable to a CD. 0i) your receipt of a decreased interest rate on an investment replacing a CD that is repaid prior to its scheduled maturity, or (i) payment in cash of the principal and accrued interest of a CD prior to maturity in connection with the liquidation of an Insured Institution or the assumption of all or a portion of its deposit liabilities. Also, neither we nor Promontory will be obligated to advance funds to you prior to payment from the FDIC. Section 6. Responsibility to Monitor Deposits at Insured Institutions; Publicly Available Information Funds we submit for placement on your behalf on any Settlement Date are placed in CDs at enough different Insured Institutions to prevent the principal amount and any interest to accrue over the term of each CD placed on that Settlement Date from exceeding the FDIC insurance limit. It is your responsrbility, however, to monitor the total amount of deposits that you hold with each Insured Institution In order for you to determine the extent of FDIC deposit insurance coverage available to you on deposits at that Insured Institution, including the CDs issued through CDARS. See Section 5 above,' FDIC Insurance Information,' for more information on FDIC insur- ance coverage. The Insured Institution at which a deposit is made Is responsible for the full amount deposited with it, and neither we nor Promontory is responsible for any insured or uninsured portion of any CD or any other deposit. Publicly available financial information concerning the proposed and proposed alternate Insured Institutions can be obtained by you at the website of the National Information Center of the Federal Reserve System maintained at www.fiec.gov/nic/. Neither we nor Promontory guarantees the financial condition of any Insured Institution or the accuracy of any publicly available financial information about the Insured Institution. Section 7. Confidentiality of Information We will provide your name, lax identification number and other pertinent identifying information to Promontory, our sub -custodian, and other parties providing services in connection with the placement of your funds and the issuance and holding of your CDs. We may also release such information to (i) an Insured Institution that has issued a CD to you, but only to the extent necessary to comply with any applicable law, rule or regulation or a judicial order, and (ill) the FDIC in wnneetion with a daim 04l07 DI 4 for deposit insurance on your CD. You hereby consent to the release of that infor- mation to and its use by (a) Promontory. our sub -custodian, and other parties provid- :ng services in connection with the placement of your funds and the issuance and cuslndying of your CDs, tb) Insured Institutions that have issued CDs to you to the extent necessary to comply with any applicable law, rule, regulation or judicial order, and Ic) the FDIC in connection with a claim for deposit insurance on your CDs. The intonation will not be disclosed to other Insured Institutions except as set forth here- in and will not be used by Promontory, our sub -custodian, or any other parties to whom we release the information for any other purpose except as set forth herein or directed by you Nothing in this section shall be deemed to prevent us from disclos- ing information to a hard party if permitted or required by law. Section 8. Disputes Any disputes arising out of or in connection with This agreement will be governed by the dispute resolution, arbitration, choice of law, venue, waiver of jury trial, and costs related to dispute provisions, if any, contained in your Custodial Agreement with us under which we act as custodian for your CDs. Section 9. Miscellaneous Any information we are required to deliver to you pursuant to this agreement may be given to you by mail, facsimile or other electronic transmission. This agreement. • constitutes the entire agreement between us relating to the placement of deposits through CDARS and the other matters contained herein, ■ supersedes all prior contracts or agreements relating to the placement of funds through CDARS, whether oral or written, and • may not be amended by any oral representation made or oral agreement reached after the execution of this agreement. We may amend this agreement or any related document prospectvely by modi- fying or rescinding any of its existing provisions or by adding any new provisions at any time by sending writen notice of the amendment to you. We may provide writ- ten notice of an amendment to this agreement by means of a letter, an entry on your account staternent or other means. Any amendment will be effective as of the date established by us in the written notice of the amendment, subject to applicable law, provided that any amendment may not become effective until ten days after the writ- ten notice has been sent by us. This agreement Is not assignable, in whole or in part, by either party except by operation of law or as required by law. The headings in this agreement are inserted for convenience and identification ordy, and are not intended to describe, interpret, define or limit the scope or intent of this agreement or any clause hereof. By signing below, you acknowledge that you have received this agreement. that you have read and understood this agreement and that you were given the opportu- nity to ask us any questions you may have had with respect to this agreement, the transactions contemplated by it, the CDs and FDIC insurance coverage of the CDs and deposits maintained with us. ❑ Check this box if you are a govemmental unit or other depositor and wish your funds to be placed only through CDARS Reciprocal Transactions. SCHEDULE 1 INfTtAI LIST OF INSURED INSTITUTIONS AT WHICH YOU DO NOT WANT TO MAKE A DEPOSI1 (ATTACH ADDITIONAL PAGES AS NECESSARY) Please include the city and state of the institution's main office (rather than the city and state of a branch location). You may include the institution's routing number and/or FDIC certificate number, if you have this information. (Please see section 3(c) of the agreement ('Ylst of Insured Institufions).J SCHEDULE IMPORTANT TIMES AND DEADLINES IN CONNECTION WITH TI-IE PLACEMENT OF YOUR FUNDS This schedule contains important times and deadlines witty respect to the placement of your funds. These times may change from time to time or on any particular Order Date or Order Allocation Date (which are currently the same business day), and we wiq inform you of any change In times, as applicable, before you submit your funds far placement You may also obtain information about any changes to times set forth in paragraphs 2. 3 and 4 below or about any scheduling change resulting in the Order Allocation Date raking place on the business day Immediately following an Order Date at ww, CDARS.rxomrproducts. 1. Tme and day by which your request to have your funds placed must be submitted: (Please see paragraph 1 of Schedule 2 of the GUARS Deposit Placement Agreement that you previously executed with us.J 2. Time and day by which we must submit your Order to Promontory: 1:00 p.m. ET on the Order Date. 3. Time and day at or after which you may obtain the fist of names of the Insured Institutions at which your funds are proposed to be placed: 3:00 p.m. ET on the Order Allocation Date 4. Time and day by which you must inform us of the name or names of any proposed Insured Institution at which you do not want to make a deposit 4:00 p.m. ET on the Order Allocation Date. 5. Time and day by which we must have your available funds on account: (Please see paragraph 4 of Schedule 2 of the CDARS Deposit Placement Agreement that you previously executed with us.] CDARS. Ceniecate of Deposit account Registry Service, One -Way wet Reciprocal are service marks of Promontory Interfinancial Network, LLC. 04107 DI 5 Signers on the account: Name: DOCUMENTATION CHECKLIST Last Name First Name Middle Social Security # Mothers Maiden Name: Address: Birthday Birthplace liome Phone if ( ) Work # ( ) Occupation Employer Driver's License No. State: Issue Date: Expiration Date: Secondary Ill Expiration Name: Last Name First Name Social Security # Mothers MaidenName Birthday Place of Birth: Address: Middle Horne Phone # ( ) Work # (: ) Occupation Employer Driver's License No. State: Issue Date: Expiration Date: Secondary ID _ Expiration _ SAMPLE SUPPLEMENT TO CDARS DEPOSIT PLACEMENT AGREEMENT To Address Uninsured Funds Several Member Institutions have told us that some depositors, often public funds depositors, have expressed their reluctance to place funds in an account in an Institution a day or so in advance of the CDARS settlement date (currently Thursday), because amounts in excess of the FDIC $100,000 insurance limit would not be insured during this period. To address overnight exposure resulting from such deposits, Promontory has prepared the attached sample Supplement to the Deposit Placement Agreement. The Supplement contemplates that a depositor will provide funds to an Institution on the settlement date prior to the settlement payment time (in accordance with the terms the Institution specifies in paragraph 5 of Schedule 2 of the DPA). Early Withdrawal Penalties. 'l'o protect the Institution in the event that the depositor does not deliver funds on settlement date, the Supplement would obligate the depositor to pay early withdrawal penalties applicable to CDs that would have been issued to the depositor if the funds had been on account as agreed to by the depositor and the Institution. (Under section 3.04 of the Participating Institution Agreement and section 1.1.5 of the Policies and Procedural Manual, if a depositor fails to deliver to the Institution funds to be placed pursuant to an order, the Institution is nevertheless obligated to settle through CDARS and the CDs will be recorded in the Institution's name. If the Institution is unwilling to commit its funds until maturity of the CDs, the Institution would be responsible for payment of early withdrawal penalties.) Amendment of the DPA. Section 9 of the DPA authorizes Member Institutions to amend the DPA by a number of methods. The Supplement calls only for acknowledgment of receipt by a depositor. An Institution may wish to consult its oven counsel to review the Supplement and to determine whether a depositor's signature should also indicate express agreement to pay early withdrawal fees in the event the depositor fails to deliver the agreed -upon funds. Other Solutions. 'I'he Supplement reflects one of a number of possible solutions to overnight uninsured exposure, and Institutions and depositors may choose to address this issue in a different way. Promontory is providing this Supplement as a convenience to Member Institutions to use, not to use, or to modify as they wish. Attachment Updated 07/07 SUPPLEMENT TO THE CDARS DEPOSIT PLACEMENT AGREEMENT The purpose of this agreement is to supplement the CDARS Deposit Placement Agreement entered into between you, the undersigned, and ("us" or -we") on (the "DPA"). Pursuant to section 3(g) of the DPA, each time you agree to placement of funds under the DPA you also agree that, by the time specified in paragraph 5 of Schedule 2 of the DPA, you will have in an account with us immediately available funds equal to the amount of funds you have informed us that you are seeking to place. By your execution of this agreement, you further agree that in the event you fail to have such amount in an account with us at such time, you will be obligated to pay to us the amount of the early withdrawal penalties applicable to the CDs that would have been issued to you if your funds had been on account with us in accordance with the DPA. You authorize us to deduct the amount of these early withdrawal penalties from available funds on deposit with us, if any. if you do not have a sufficient amount of funds on deposit with us to pay the full amount of these penalties, you will he obligated to pay to us the remaining amount of such penalties for which you arc obligated under this agreement within business days of the time specified in paragraph 5 of Schedule 2 of the DPA. You further agree that this agreement is deemed to be an amendment to the DPA in accordance with section 9 of the DPA. DEPOSITOR(S) Name of Depositor: By: Name: Title: Name of Depositor: By: Name: Title: Signed this _ _ day of 200 DEPOSITORY INST'ITIJTION (Print Name of institution) By: Name: Title: Acknowledged this _ _ day of , 200 l:pdated 1l.'06 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 4, 2007 AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City Council of the City of National City Ratifying the Temporary Use Permit for National City's Use of PASHA Parking Lot "J" Located on San Diego Unified Port District Property for Temporary Parking in Conjunction with a Free Bayfront Expo & Concert Program at Pepper Park PREPARED BY DEPARTMENT Kaseem Baker Community Services Phone: (619) 336-4274 EXPLANATION This item authorizes the ratification of a Temporary Use Permit for National City's use of PASHA Parking Lot "J" located on Port property for temporary parking in conjunction with the Bayfront Expo & Concert on Saturday, September 8"', 2007 from 2pm-7pm. For the second year, The City of National City will be partnering with the NC Chamber of Commerce to include a business expo and food vendors. The City will also be coordinating with local organizations to provide free family -friendly activities and entertainment such as clowns, face painters, balloonists, air jumps, and kayaking. Live entertainment will include Pasacat, Positive Salsa, El Studio Tango, the Icons Show, Big Time Operator, and the Aerialists. We will also be highlighting the NC Depot and the Historic Railcar Plaza during scheduled complimentary tours by museum docents in Victorian costumes from 1pm- 2pm. Free round-trip shuttle service to event from 1 pm-8pm by Old Town Trolley Tours at the following locations: Kimball Senior Center, NC Municipal Pool, 24`h Street Trolley, and NC Depot. Environmental Review Ni N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Drawing No. 028-007 / Exhibit A A-200 (9199) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A TEMPORARY USE PERMIT AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR NATIONAL CITY'S USE OF PASHA PARKING LOT "J" LOCATED ON PORT DISTRICT PROPERTY FOR TEMPORARY PARKING IN CONJUNCTION WITH A FREE BAYFRONT EXPO AND CONCERT PROGRAM AT PEPPER PARK WHEREAS, on September 8, 2007, the City of National City will present the annual free Bayfront Expo and Concert Program at Pepper Park for the benefit of its citizens; and WHEREAS, on June 1, 2007, a Temporary Use Permit Agreement was executed with the San Diego Unified Port District to provide parking for the public attending the event, which is required for the use of Pasha Parking Lot "J", is located on San Diego Unified Port District Property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the execution of the required Temporary Use Permit Agreement for the use of Pasha Parking Lot "J", which is located on San Diego Unified Port District Property, to provide parking for members of the public attending the annual Bayfront Expo and Concert Program at Pepper Park on September 8, 2007. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney San Diego Unified Port District Document No. 52022 Filed TEMPORARY USE PERMIT JUNF1 Office of 1 e pis rk THIS PERMIT, granted this 1st day of .__June , 20_0_, by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," to THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "Permittee," W ITNESSETH: District for the considerations hereinafter set forth, hereby grants to Permittee upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to use and occupy a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of Califomia, entitled "San Diego Unified Port District Act," Stats. 1962, 1st Ex. Sess., c. 67, as amended, which lands are generally described as follows: Approximately 145,811 square feet of land located at the southeast corner of 32nd Street and Tidelands Avenue in National City, California, as more particularly delineated on Drawing No. 028-007, attached hereto as Exhibit "A" and by this reference made a part hereof. This Permit is granted upon the following terms and conditions: 1. The term of this Permit shall be for five (5) days, commencing on the 6th day of September, 2007, and ending on the 10th day of September, 2007, unless sooner terminated as herein provided. 2. As and for consideration, Permittee agrees to provide the services as described in Paragraph 3 herein for the benefit of the People of the State of Califomia. 3. The above -described premises shall be used only and exclusively for the purpose of providing temporary vehicle parking for the National City Annual Music Concert at the adjacent Pepper Park to be held on September 8th, 2007 and for no other purpose 1 DUPLICATE - ORIGINAL whatsoever without the prior written consent of the Executive Director of District in each instance. Permittee shall be responsible in providing lighting, security, parking and traffic control at the premises. 4. Permittee agrees that in all activities on or in connection with the above -described premises, and in all uses thereof, Permittee shall abide by and conform to all laws and regulations. Said laws and regulations shall include, but are not limited to those prescribed by the San Diego Unified Port District Act; any ordinances of the cities in which the above - described premises are located, including the Building Code thereof; any ordinances and general rules of District, including tariffs; and any applicable traffic regulations and applicable laws whether municipal, state, or federal, as any of the same now exist or may hereafter be adopted or amended. In particular and without limitation, Permittee shall have the sole and exclusive obligation and responsibility to comply with the requirements of: (i) Article 10 of District Code entitled "Stormwater Management and Discharge Control," and (ii) the Americans With Disabilities Act of 1990, including but not limited to regulations promulgated thereunder, and District shall have no such obligations or responsibilities as to the above -described premises. 5. Permittee shall keep the property and all equipment used in connection with this Permit in a clean, safe, sound and presentable condition at all times. 6. Permittee acknowledges prior examination of the premises and the condition thereof, and agrees that the improvements thereon, if any, are, in their present condition, satisfactory and usable for Permittee's purposes and that no representations as to value or condition have been made by or on behalf of the District. Permittee agrees that it shall make no changes or alterations in the premises, nor make, erect, or install any machines, signs, or other improvements thereon without the consent in writing of the Executive Director of District. Permittee further agrees to provide proper containers for trash and to keep the premises free and clear of rubbish, debris, and litter at all times. 7. On the commencement date of the term of this Permit, all existing structures, buildings, installations, and improvements of any kind located on the above -described premises are owned by and title thereto is vested in District. All structures, buildings, installations, and improvements placed on the above -described premises by Permittee subsequent to the commencement date of the term of this Permit shall at the option of District be removed by Permittee at Permittee's expense within twenty-four (24) hours after the expiration of the term of this Permit or sooner termination thereof. District may exercise said option as to any or all of the structures, buildings, installations, and improvements, either before or after the expiration or sooner termination of this Permit. If District exercises such option and Permittee fails to remove such structures, buildings, installations, and improvements within said twenty-four (24) hours, District shall have the right to have such structures, buildings, installations, and improvements removed at the expense of Permittee. As to any or all structures, buildings, installations, and improvements owned by Permittee 2 ..-.._._, ., for which District does not exercise said option for removal, title thereto shall vest in District, without cost to District and without payment to Permittee. Machines, appliances, equipment, and trade fixtures of any kind hereafter placed on the above -described premises by Permittee are owned by and title thereto is vested in Permittee and shall be removed by Permittee within twenty-four (24) hours after the expiration of the term of this Permit or sooner termination thereof; provided, however, Permittee agrees to repair any and all damage occasioned by the removal thereof. If any such machines, appliances, equipment, and trade fixtures are not removed within twenty- four (24) hours after the termination of this Permit, the same may be considered abandoned and shall thereupon become the property of District without cost to District and without payment to Permittee, except that District shall have the right to have the same removed at the expense of Permittee. 8. Permittee hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within twenty-four (24) hours all ships, vessels, barges, hulls, debris, surplus, and salvage materials from the area forming a part of or adjacent to the above -described premises, so as to leave the same in as good condition as when first occupied by Permittee, subject to reasonable wear and tear; provided, however, that if any said ships, vessels, barges, hulls, debris, surplus, and salvage materials shall not be so removed within twenty-four (24) hours by Permittee, District may remove, sell, or destroy the same at the expense of Permittee; and Permittee hereby agrees to pay District the cost of such removal, sale, or destruction; or at the option of District, the title to said ships, vessels, barges, hulls, debris, surplus, and salvage materials not removed shall become the property of District. 9. This Permit may be canceled by Executive Director of District or his duly authorized representative or Permittee by the giving of twenty-four (24) hours' notice in writing to the other party. Such cancellation shall be without liability of any nature. 10. This Permit shall not be transferred or assigned. 11. Permittee shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, or demands arising directly or indirectly out of the obligations undertaken in connection with this Permit, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Permittee indemnify and hold harmless District for any actions of Permittee or District, except for those arising out of the sole negligence or willful misconduct of District, including but not limited to claims based upon District's alleged breach of any statutory duty or obligation, or Permittee's duty under contracts with third parties. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Permittee's use, occupancy, or operation of the above -described Premises, or arising from any defect in any part of said Premises. 3 12. Permittee shall not engage in any activity on property of District other than the activity for which this Permit is expressly issued. 13. Permittee shall be subject to and comply with any special conditions attached hereto. 14. Permittee shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering premises and operations in the amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Permittee, of any person acting for it or under its control or direction, or any person authorized by it to use the above -described premises. Either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. All required insurance shall be in force the first day of the term of this Permit. All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by Permittee. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this clause, shall be kept on file with District during the entire term of this Permit. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to require complete, certified copies of all required policies at any time. All liability insurance policies will name, or be endorsed to name, District, its officers, officials and employees as additional insureds and protect District, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return... receipt requested has been given to the District. And, all insurance policies will be endorsed to state that Permittee's insurance is primary and not excess or contributing to any insurance issued in the name of District. Any deductibles or self -insured retentions must be declared and acceptable to the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, and employees; or, the Permittee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of District, the insurance provisions in this Permit do not provide adequate protection for District and/or for members of the public, District may require Permittee to obtain insurance sufficient in coverage, form and amount 4 to provide adequate protection. District's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. District shall notify Permittee in writing of changes in the insurance requirements and, if Permittee does not deposit certificates evidencing acceptable insurance policies with District incorporating such changes within sixty (60) days of receipt of such notice, this Permit shall be in default without further notice to Permittee, and District shall be entitled to all legal remedies. The procuring of such required policies of insurance shall not be construed to limit Permittee's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Permit. Notwithstanding said policies of insurance, Permittee shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Permit or with the use or occupancy of the above -described premises. Permittee may satisfy the requirements of this Section 14 by maintaining its lawful self - insured status during the term of this Permit. 15. In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by District under the laws of the State of Califomia relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attomey's fees and costs of suit. 16. Permittee shall comply with all requirements and directives of the Executive Director of District. 17. By signing this Permit, Permittee represents and warrants that it has independently inspected the premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the premises. Permittee agrees it is relying solely on such independent inspection, tests, investigations and observations in making this Permit. Permittee also acknowledges that the premises are in the condition called for by this Permit, that District has performed all work with respect to premises and that Permittee does not hold District responsible for any defects in the premises. Permittee furthermore accepts and shall be responsible for any risk of harm to any person and property, including without limitation employees of Permittee, from any latent defects in the premises. 18. Except for (i) a dispute or disagreement as to the amount of rent that Permittee is to pay District or (ii) a default in the payment of rent, all other disputes or disagreements between or among the parties arising out of or relating to the terms, conditions, interpretation, performance, default or any other aspect of this Permit, such parties shall first attempt to resolve the dispute informally. In the event the dispute is not resolved informally, prior to and as a precondition to the initiation of any legal action or proceeding, the parties shall refer the dispute to mediation before a reVred State or Federal judge mutually selected by the parties. The dispute shall be mediated through informal, nonbinding joint 5 conferences or separate caucuses with an impartial third party mediator who will seek to guide the parties to a consensual resolution of the dispute. The mediation proceeding shall be conducted within thirty (30) days (or any mutually agreed longer period) after referral, and shall continue until any party involved concludes, in good faith, that there is no reasonable possibility of resolving the dispute without resort to a legal action or proceeding. All costs of the mediation shall be shared equally by the parties involved. Each party shall bear its own attorneys' fees and other costs incurred in connection with the mediation. In the event the parties are unable to resolve the dispute through mediation, in addition to any other rights or remedies, any party may institute a legal action. Port Attomey SAN DIEGO UNIFIED PORT DISTRICT DEPUTY PORT ATTORNEY By CVa/l k— DIRK I. MATHIASEN Director, Maritime Operations & Properties Permittee hereby accepts this Permit and agrees to comply with all the terms and conditions thereof. THE CITY OF NATIONAL CITY By Mayor, City of National City Title: 1243 National City Blvd. Address: 6 DRAWNIAMI I. FOSTER SAN DIEGO UNIFIED PORT: DISTRICT WITHIN CORPORATE LIMITS OF NATIONAL CITY EXFIIBIT.A NOTE: 1 0 1: PERMIT AREA SHOWN SHADED ii&j o 2: BEARINGS AND DISTANCES ARE l� 1, BASED :ON THE CALIFORNIA 0 COORDINATE SYSTEM, ZONE 6, N.A.D. 83, EPOCH 1991.35. o i SD{22 DATE JANUARY 2005 NO SCALE REF SUFMY DRAWING NO. 1OF 028-007 0 027-003 THE PASHA GROUP PARCEL NO. 7 026-022 B.N.S.F. 028-013 P.O.C. 3"DIA. BRASS. DISK . . MONUMENT STAMPED. "SDUPD-020" AS SHOWN ON . R.O.S. NO.16668 LAN a063 SOC'&/ co 028-010 NATIONAL CITY 1 MARINA SITE • . 145,811 SQ.FT.. ` �� a ' .• -. -(3.35 ACRES). - • • 0' Z rn •Q. • T.P.Q.B. _ 39i •p I \°R�) •• GRAPHIC SCALE 028-009 0 25' so too' P 'PER PARK 58 N 1- _ .100' DRAWN.MICF P-1 FOSTFR GHECKED,r4,S6gFPNl l— J SAN' DIEGO UNIFIED PORT DISTRICT DATE ?7 DATE 1"2t�.ANUARY 2005 REF FIELD SURVEY WITHIN Tr" DRAWING NO. 2 028-007 DEVSERV\REMI\c028\028-007\02B-007_012705.dwg City of National City, California COUNCIL AGENDA STATEMENT ::ETING DATE September 4, 2007 AGENDA ITEM NO. 14 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to sign a lease agreement with Cricket Communications Inc. to lease a portion of the Louis J. Camacho Gymnasium for the Installation and operation of an equipment cabinet and certain antenna facilities. PREPARED BY Charles Nisalny EXPLANATION See attached Explanation. DEPARTMENT Engineering EXT. 4396 l Environmental Review X NIA MIS Approval Financial Statement See attached explanation for Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION dopt the Reyff- • ARD / CO M!S ION REC7OM ON N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Lease Agreement cricket A-200 (Rev. 7/03) EXPLANATION The project site is the Louis J. Camacho Recreation Center at 1810 22nd Street in the southern end of Las Palmas Park. The recreation center is an approximately 16,000 square foot, 32-foot high building. Neighboring uses include a condominium development to the south, Las Palmas Elementary School to the north, single-family residential to the west, and Interstate-805 to the feet east. The applicant proposes to install three antennas on the facade of the recreation center building and place related equipment cabinets within a locked mechanical equipment room inside of the building, inaccessible to the public. The proposed antennas would measure 6 inches wide by 6 feet tall, extend two feet from the building face, and be painted to match the building exterior. Two of the antennas are proposed at the southeast comer of the recreation center, the third would be located on the west side of the building facing the municipal pool. The impact of this wireless communications facility on the park and neighboring uses would be minimal since the antennas are on an existing structure, will be painted to match, and are relatively small compared to the size of the building. The equipment cabinets would be within the building inaccessible to the public, and any rooftop cables and equipment would be screened by the existing parapet wall. Co -location of the proposed cellular facility with existing facilities was attempted by the applicant, but no viable altemative was located. The Planning Commission held a hearing on this item on May 21, 2007, and voted to approve the Conditional Use Permit finding that the site is suitable for the proposed facility; that the facility is appropriately designed; and that the additional service is needed in the community. Cricket Communications, Inc. is requesting a lease agreement with the City of National City for the installation of the antenna facility in the Louis J. Camacho Gymnasium. FINANCIAL STATEMENT Tenant shall pay property owner as annual initial rent for the Leased Premises the sum of $25,000 ("Rent"). Tenant shall pay property owner rent for the first year on the Commencement Date. Tenant shall pay the property owner rent annually in advance on each anniversary of the Commencement Date. Beginning with the first anniversary of the Commencement date, the rent paid shall be increased by five percent (5%) each year. Beginning with the fifth anniversary of the Commencement Date, Tenant shall pay the property owner as annual rent an amount equal to the greater of (1) the previous year's rent adjusted upward by five percent (5°/a) or (2) the Fair Market Value of the ground lease for similar cellular communications facility in a comparable location as determined by an independent, qualified appraiser retained by the property owner and subject to Tenant's reasonable approval. Tenant shall pay the property owner a late payment charge equal to five percent (5%) of the late payment for any payment not paid within ten (10) days after due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. 1 Tenant shall reimburse the property owner for its reasonable costs and expenses, including legal fees, incurred by Landlord in connection with the negotiation of this Lease, all as additional rent, payable upon execution of this Lease. The reasonable costs and expenses shall not exceed $1,000.00. With the execution of this Lease, Tenant shall pay property owner the non-refundable sum of $2,000 as a signing deposit to guarantee Tenant's faithful performance, in lieu of a security deposit. Receipt by the property owner of the signing deposit shall not bar the property owner from pursuing its remedies under Section 15 if Tenant defaults in its obligation and duties under this lease. 2 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH CRICKET COMMUNICATIONS, INC. FOR A PORTION OF LOUIS J. CAMACHO GYMNASIUM FOR THE INSTALLATION AND OPERATION OF AN EQUIPMENT CABINET AND CELLULAR COMMUNICATIONS ANTENNA FACILITIES WHEREAS, Cricket Communication, Inc. ("Cricket"), a telecommunications company, is currently installing antenna facilities througout the region to provide increased service to their subscribers; and WHEREAS, because certain regional geological features intefere with telecommunications, Cricket has investigated the local areas, and have determined that one of the optimum locations for an antenna facilities is within Las Palmas Park on top of the Louis J. Camacho Gymnasium ("Gymnasium"); and WHEREAS, installation of the antenna facilities will require the placement of equipment on or in the gymnasium, and the use of power from the gymnasium for the operation of the equipment; and WHEREAS, at it's regular meeting held on May 21, 2007, the Planning Commission approved Resolution No. 35-2007, for the installation and operation of an equipment cabinet and cellular communications antenna facilities at the Gymnasium at the Las Palmas Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Lease Agreement with Cricket Communications for a portion of Louis J. Camacho Gymnasium for the installation and operation of an equipment cabinet and cellular communications antenna facilities. Said agreement is of file in the office of the City Clerk. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney • LEASE? AGREEMENT This Lease Agreement ("Lease") is entered into this 4th th day of Sept. • , 2007, by and between the City of National City, a Municipal corporation ("Landlord") and Cricket Communications, Inc., a Delaware corporation ("Tenant"). RECITALS A. Landlord is the owner of the real property known as "Louis J. Camacho Gymnasium " ("Landlord's. Property") located in the City of National City, San Diego County, State of California. B. Tenant desires to lease a portion of Louis J. Camacho Gymnasium for the installation and operation of an equipment cabinet and certain antenna facilities (collectively, "Antennae Facilities") for use in connection with its communications business. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord a portion of Louis J. Camacho Gymnasitun consisting of the space shown on the Location Map attached hereto as Exhibit "A" and incorporated herein by reference. A legal description of the leased premises is attached hereto as Exhibit "B" and incorporated herein by reference. Said leased premises are referred to herein as "Leased Premises." Tenant intends to locate its Antennae Facilities on the Leased Premises, which facilities include installation of facade mounted antennas on the building as shown on the site plan is attached hereto as Exhibit "C". Tenant may not add additional equipment and/or antenna from that authorized by City of National City Planning Commission Resolution No. 9- 2003 which is attached hereto as Exhibit "1)". 1.,andlord reserves the right to require Tenant to relocate its Antennae Facilities to another location on landlord's Property at Landlord's expense so long as the other location provides radio receipt and transmission equivalent to the Leased Premises. Tenant shall complete the relocation of its Antenna Facilities within six months after written notice from Landlord. This Lease is not a franchise pursuant to Chapter 6.10 of the National City Municipal Code or is it a permit to use the right-of-way under Chapter 13.12 of the National City Municipal Code. Any such franchise or permit must be obtained separately from landlord. City of National City/Cricket Communications 1 Lease Agreement Camacho Gym s6 PrEmBEE.S 2. 'fern. The term of this Lease shall be five (5) years, commencing on A t-22, 2007 (the "Commencement Date") and ending August 21, 2012. Provided that "Tenant is not in breach of any of the portions of the provisions of this Lease, Tenant may extend the initial term of this 1.ease for four (4) successive five (5) year teens, upon giving Landlord ninety (90) days' prior written notice of its intention to extend. If this Lease is terminated by the Landlord based on any of the grounds specified in Section 17 of this Lease, the termination shall be effective thirty (30) calendar days from the date of delivery of the notice of termination if Tenant, within such thirty (30) day period, has not cured such default. In the event Landlord determines the 1.eased Premises are needed for a public purpose, the termination shall be effective ninety (90) calendar days from the date of delivery of notice of termination. ' If this Lease is terminated by Tenant based on any of the grounds specified in Section 17 of this Lease, such termination shall he effective no sooner than thirty (30) days from delivery of written notice from Tenant to Landlord. Rent. a. Tenant shall pay Landlord as annual initial rent for the Leased Premises the sum of $25,000.00 ("Rent"). Tenant shall pay Landlord Rent for the first year on the Commencement Date. Tenant shall pay Landlord Rent annually in advance on each anniversary of the Commencement Date. Beginning with the first anniversary of the Commencement date, the Rent paid shall be increased by five percent (5%) each year. Beginning with the fifth anniversary of the Commencement Date, Tenant shall pay Landlord as annual rent an amount equal to the greater of (1) the previous year's rent, adjusted upward by five percent (5%) or (2) the Fair Market Value of the ground lease for similar cellular communications facility in a comparable location as determined by an independent, qualified appraiser retained by Landlord and subject to Tenant's reasonable approval_ Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the late payment for any payment not paid within ten (10) days after due. Any amounts not paid when due shall bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. c. If this Lease is terminated by Tenant at a time other than on the last day of the year, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent or other breach of tlus lease by "Tenant, the balance of all prepaid Rents shall be refunded to the Tenant. d. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antennae Facilities, and leasehold improvements from the Leased Premises on or berme the date of termination, and shall repair any damage City of National City/Cricket Communications 2 1 sate Agreement (:amaciw Gym to Leased Premises and its landscape or hardscape caused by such equipment, nonnal wear and tear excepted, all at Tenant's sole cost and expense. Any such property or facilities which are not removed by Tenant within sixty (60) days of the termination of the lease term shall become the property of landlord. Any such property or facilities which are not removed by Tenant within sixty (60) days of the termination of the lease may, at Landlord's option, he removed by Landlord within sixty (60) days of termination of the Lease at Tenant's expense, with Tenant reimbursing i,andlord for the costs of removal within thirty (30) days after such costs arc incurred by Landlord. c. 'Tenant shall reimburse Landlord for its reasonable costs and expenses, including legal fees, incurred by Landlord in connection with the negotiation of this Lease, all as additional Rent, payable upon execution of this I .ease. The reasonable costs and expenses shall not exceed $1,000.00. 4. Taxes. Tenant recognizes and understands that this Lease may create a possesory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. 'Tenant further agrees to pay any and all property taxes, it - any; assessed during the term of this Lease pursuant to Section 107 and 107.1 of the Revenue and Taxation Code against Tenant's possesory interest in the Leased Premises. 5. Use of Leased Premises. a. Tenant shall use the Leased Premises for the installation, operation and maintenance of its Antennae Facilities for the transmission, reception and operation of a communications system and uses incidental thereto and for no other uses. In its use of the Leased Premises, Tenant shall at all times remain in compliance with National City Planning Commission Resolution No. 9-2003 Landlord reserves the right to enter into agreements with other parties including, but not limited to, wireless communications carriers (hereinafter "Carrier") for use of Landlord's property. In the event that an additional Carrier is licensed to use any site on Landlord's property, it shall he the new Carrier's responsibility, at its expense, to ensure that such installation is constructed and operated in accordance with applicable regulations issued by the Federal Communications Commission FCC) and that its use of Landlord's Property dots not interfere with Tenant's use of the Leased Premises. Landlord shall include a provision in any agreement with a new Carrier, which provides that installation and use of its communication equipment shall not interfere with Tenant's use and operation of its communication system. Ile Carrier will provide the Landlord and Tenant with a certified evaluation prepared by a telecommunications engineer that its antennae and other facilities will not interfere with Tenant's existing antennae or proposed antennae or other facilities. b. Tenant shall have the opportunity to review the certified evaluation and to make its own evaluation regarding whether the Carrier's installation will interfere with Tenant's Antennae Facilities. If Tenant determines that the Carrier's installation City of National (:ity/Cricket Communications 3 Lease Agreement Camacho Gym will interfere with "Tenant's Antennae Facilities, then Tenant must notify the Landlord in writing of its findings no later than twenty days after receipt of. the certified evaluation. Tenant shall provide all documentation supporting its findings to Landlord. If Landlord accepts those findings, then the Carrier cannot proceed with its installation unless and until it can satisfy Tenant that the proposed installation will not interfere with Tenant's Antennae Facilities. If Landlord disagrees with Tenant's findings, then Landlord and Tenant shall hire a mutually agreed upon independent telecommunications engineer to evaluate the potential interference problems, the cost to be borne equally by Landlord and Tenant. if that independent engineer determines that the proposed installation will not interfere with Tenant's Antennae Facilities, then the carrier may proceed with its installation. However, if the independent engineer determines that the proposed installation will interfere with Tenant's Antennae Facilities, then the Carrier cannot proceed with its installation unless and until it can satisfy the independent engineer that the proposed installation will not interfere with Tenant's Antennae Facilities. c. Tenant shall not deny Carrier the ability to co -locate the Carrier's transmitting/recciving equipment, and antennae facilities within and upon Tenant's installed facilities as provided in condition number 5 of the approved Conditional Use Permit of National City Planning Commission Resolution No. 9- 2003 pursuant to the following conditions: in addition to the requirements set forth above in Section 5a, Carrier shall provide landlord and "Tenant with a certified evaluation prepared by a structural engineer finding that the installed facilities can support the additional installation. Tenant shall have the opportunity to review the certified evaluation and to make its own evaluation regarding whether the installed facilities can support the additional equipment. If Tenant determines that the installed facilities cannot support the additional installation, then Tenant must notify the Landlord in writing of its findings no later that twenty days after receipt of the certified evaluation. Tenant shall provide all documentation supporting its findings to landlord and Tenant shall hire a mutually agreed upon qualified engineer to evaluate whether the installed facilities can support the additional installation, the cost to be borne equally by Landlord and "Tenant. If that engineer determines that the installed facilities will support the additional installation, then the Carrier may proceed with its installation. However, if the independent engineer determines that the installed facilities cannot support the additional installation, then the Carrier cannot proceed with its installation unless and until it can satisfy the engineer that the installed facilities can support the additional installation. Once it has been determined that the installed facilities can support the additional installation and that the installation will not interfere with Tenant's Antennae Facility as set forth in section 5a, then Carrier shall execute a sublease agreement with Tenant setting forth the rights, duties and obligations of each party, including the rights, duties and obligations of each party with respect to interference with the communication equipment of the other party, access to each party's equipment and maintenance and repair of each party's equipment. (:ity of National (:ity/Cricket Communications 4 Lease Agreement Camacho Gym in the event that any equipment installed pursuant to any future agreements for the installation of communication/radio equipment on Landlord's Property, other than any equipment installed on Tenant's installed facilities, does cause interference with Tenant's Antennae Facilities, then Tenant shall provide 30 days' written notice to Landlord of this interference. Landlord shall have 10 days' written notice to eliminate such interference. If such interference is not eliminated, then Tenant shall have the right to terminate this Lease. c. Tenant shall exercise due diligence in utilizing the Leased Premises as to not interfere with utilization of the remainder of the Landlord's Property by Landlord, and Tenant agrees to comply with any rules and regulations that Landlord may promulgate at any time in reference to utilization of Landlord's Property so long as those rules do not unreasonably interfere with Tenant's rights to operate its communication system. It is understood by Tenant that the Landlord's Property is used by Landlord as a gy►nnasiu❑ and that it is necessary to maintain adequate security at all times for the primary utilization of the Landlord's Property by Landlord. 6. Construction Standards. The Antennae Facilities shall be installed on the Leased Premises in a good and workmanlike mariner without attachment of any construction liens. Landlord will require Tenant to paint the Antennae Facilities in conformance with approved Conditional Use Permit CUP No. CUP-2003-5 so as to blend with the surroundings. if not specified in CU1' 2003-5, Tenant will paint in a color specified by Landlord and otherwise shield the Antennae Facilities from view as required by said CUP. 7. Installation of Equipment. a. Prior to commencing construction. Tenant shall obtain a Building Permit from the National City Department of Building and Safety and a Construction Permit from the National City Engineering Department for street improvements, grading or retaining walls, if required. Tenant shall pay the normal costs for all permits and shall bond for the required street improvements, grading or retaining walls, if any. Tenant shall verify that the soil bearing capacity of the proposed site will support the Antennae Facilities, its ancillary structures and equipment. Tenant shall obtain the Landlord's prior written approval of the Construction Drawings for any of Tenant's improvements or site preparations before commencing such activities and shall be responsible for any environmental review relating to such improvements or site preparations subject to landlord's approval. All improvements shall he constnicted by Tenant, at Tenant's sole cost and expense. Landlord may condition its approval on Tenant taking steps reasonably necessary to protect Landlord's property and to comply with all conditions of the Letter of Approval of Substantial Conformance with Conditional Use Permit CUP-2003-5 dated June 6, 2006, as approved by National City Planning Commission Resolution No. 9-2003 Improvements of the site shall he at Tenant's sole expense, (;ity of National City/Cricks Communications 5 !.ease Agreement Camacho Gym including any structural reinforcement necessary to support Tenant's equipment, and Tenant shall maintain the Leased Premises throughout the term in good and safe condition, free of litter or other items relating to 'Tenant's use, and so as not to create unsafe conditions or an interference with access for any Tenants or other parties, and with all visible areas maintained in a condition at least equal to that of the other facilities on the Property. b. 'Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the Property, in accordance with good engineering practices and with all applicable FCC rules and regulations, its Anteruiae Facilities as described on Exhibit C. Antennae size shall he limited to dimensions shown on the plans approved by Landlord, pursuant to the Letter of Approval of Substantial Conformance with Conditional Use Permit CUP-2003-5 dated June 6, 2006, as approved by National City Planning Commission Resolution No. 9-2003. Said Letter of Approval is attached hereto as Exhibit "E". c. Tenant's installation of all such Antennae Facilities shall be done according to plans approved by Landlord. Any damage done to the Leased Premises during installation and/or during operations shall be repaired or replaced immediately at Tenant's expense and to Landlord's sole satisfaction. In connection with the installation and operation of the Antennae Facilities, Tenant shall not locate or attach any antennae on other equipment to the Leased . Premises without an approved Building Permit from and in written approval of the Director of Building and Safety or his designee. '[he installation methods for attaching antennas or other equipment to the Tenant's installations, facilities or equipment must be done in a manner that poses no threat of damage or injury to other City property or users of the Property. Tenant shall pay all cost and expenses in relation to maintaining the integrity of Landlord's property in connection with Tenant's installation and operations of the Antennae Facilities. 'Tenant shall install temporary fencing upon the Leased Premises during such times as the installation or removal of the Antennae Facilities is taking place, and shall remove such temporary fencing upon the completion of installation or removal, all at Tenant's sole cost and expense. d. Within thirty (30) days after Commencement Date, Tenant shall provide Landlord with as -built drawings of the Antennae Facilities and the improvements installed on the Leased Premises, which show the actual location of all equipment and improvements consistent with Exhibit "C". Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antennae Facilities. e. Tenant shall provide Landlord with copies of all tests reports, and records pertaining to the equipment, which are conducted by or on behalf of "Tenant within thirty (30) days after finalization of each test, record, or report. (:ity of National City/Cricket Communications 6 Lease Agreement Camachu Gym f. Any change to Tenant's approved antennae type, number of antennas, antennae location and/or change in transmitter type and power output shall, at the sole expense of Tenant, be made in accordance with applicable regulations issued by the FCC and/or the California Public Utilities Commission (CPIJC). g. Each and every contractor, subcontractor and/or supplier engaged in the installation of the equipment shall have or obtain a current National City Business License. The Business License is not required of any subcontractor or supplier who delivers material and/or equipment with the Tenant's contractor's, or subcontractor's vehicle or with a common carrier. 8. Equipment Upgrade. Tenant may update or replace the Antctmac Facilities from time to time without the prior written approval of Landlord, provided that (I) the replacement facilities arc not materially greater in number or size that the existing facilities, (2) that any change in their location on the pole is approved in writing by Landlord and (3) that any modification is in compliance with the Letter of Approval of Substantial Conformance with Conditional Ilse Permit CUP-2003-5 dated June 6, 2006„ as approved by National City Planning Commission Resolution No_ 9-2003 . Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. 9. Maintenance and Operations. a. 'Tenant shall, at its own expense, maintain the Leased Premises in a safe condition, and in good repair so as to not to conflict with the use of or leasing of the remainder of the Landlord's Property by Landlord. b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, antennae facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. c. Tenant shall keep the leased Premises free of graffiti, debris and anything of a dangerous noxious or offensive nature or which create a hazard or undue vibration, heat, noise or interference. in the event Landlord or another tenant of Landlord's undertakes painting, construction or other alterations in the vicinity of the Leased Property, upon receipt of written notice al Least five (5) business days in advance of the painting, construction or other alterations, Tenant shall take reasonable measures at Tenant's cost to cover Tenant's equipment, personal property or Antennae Facilities and protect such from paint and debris fallout which may occur during painting, construction or alteration process. 10. Premises Access. City of National City/Cricket Communications 7 Lease Agrcemcnt Camacho Gym a. Tenant is hereby given and granted a license for ingress and egress to the Leased Premises over, upon, and across adjoining lands and easements owned by Landlord as may be required for the purpose of erection, installation, maintenance and removal of Tenant's Antennae Facilities (the "Access Easement"). Such license shall be over existing roads. Upon prior written approval of Landlord, Landlord agrees to grant to Tenant or to such Utility Companies which Tenant shall designate, an Encroachment Permit for such utilities as Tenant deems necessary to serve the Leased Premises. Said Encroachment Permit shall be for the installation and maintenance of necessary utilities from the point of the connection with the Utility Companies' distribution network to Tenant's facilities. The Encroachment Permit shall be over, under or across such portion of Landlord's Property as is reasonably necessary for the installation, maintenance and/or repair of such utility services, provided that such access doe not materially interfere with Landlord's normal use of Landlord's Property, and provided further that it shall be consistent with the plans approved by National City Planning Conunission Resolution No. 9-2003. c. Landlord will have access to the Leased Premises at all times and may examine and inspect the Tenant's facilities for safety reasons or to ensure that the Tenant's covenants arc being met. In exercising this right of access to the Leased Premises, Landlord and its employees, agents or contractors shall not damage nor interfere with Tenant's equipment or ongoing operations therein. 11. Utilities. Lessee shall have the right to install utilities, at Lessee's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators) reasonably necessary to provide service to the Communications Facility and Lessee shall have the right to install necessary conduit and slceving from the roof to the point of connection within the Building. Lessor agrees to use reasonable efforts to assist Lessee to acquire such utility service. Lessee shall, wherever practicable, install separate meters for utilities used on the Property. In the event separate meters are not permitted by the local utility company servicing the Premises, Lessee shall furnish and install an electrical submeter at the Premises for the measurement of electrical power used by Lessee's installation. Lessee shall pay Lessor Two Thousand Four Hundred and 00/100 Dollars ($2,400.00) per year, in advance, for the electrical power used by Lessee's installation. Lessor or Lessee may perform an amoral audit within ninety (90) days following the end of each lease year of Lessee's electrical power usage based on the submeter reading and may request froin the other an adjustment based on the actual electrical power used at the same rate paid for such electrical power by Lessor to the servicing utility. Said adjustment shall be paid to I.essor or credited to Lessee within thirty (30) days following presentation of a written statement that amounts have been overpaid or underpaid. Lessor agrees to cooperate with Lessee to perform such audit including, but not limited to, the review of Lessor's invoices received from the servicing utility. Lessor shall, at all times, provide electrical service and telephone service access within the Premises. Lessee shall be permitted to install. City of National City/Cricket Communications X Lease Agreement Camacho Gym maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source. Lessor shall diligently correct any variation, interruption or failure of utility service. The utilities contemplated in this Section shall he installed and maintained in compliance with the requirements set forth in Section 7 herein. 12. Permits and Business License. Fees. Tenant shall pay, as they become due and payable, all business license taxes, fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Leased Premises. 13. Approvals -Compliance with laws. Tenant's use of the Leased Premises is contingent upon its obtaining certificates, permits, zoning, and other approvals that may he required by any federal, state or local authority. 'tenant shall erect, maintain and operate its Antennae Facilities in accordance with site standards, statutes, ordinances, the provisions of CUP-2003-5, as approved by National City Planning Commission Resohition No. 9- 2003 and the rules and regulations now in effect or that may be issued thereafter by the FCC, or any other governing bodies. 14. Interference. 'tenant's installation, operation and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's operations or related repair and maintenance activities on the remainder of Landlord's Property who were in possession of that Property prior to the commencement date of such interference; provided, however, that issues of radio frequency interference with the operations of any other tenants on Landlord's Property that are communications carriers arc deemed covered by the provisions of Section 5(a) and 5(b) of this Lease. Tenant agrees to cease all such actions that interfere with Landlord's use of the remainder of Landlord's Property as a Park and Baseball Field promptly upon actual notice of such interference; provided, however, in such case, Tenant shall have the right to terminate the Lease and remove all of its equipment, personal property, Antetuiae Facilities and leasehold improvements and to get refund of the balance of prepaid rent. Before approving the placement of Antennae Facilities, Landlord may obtain, at. 'tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Lensed Premises and an engineering study indicating whether.the Leased Premises' soil conditions are able to structurally support 'tenant's Antennae Facilities without prejudice to the Landlord's primary use of the remainder of the landlord's Property. Tenant's use and operation of its facilities shall not interfere with the use and operation of other communication facilities existing on the Property as of the Commencement Date. if Tenant's facilities cause interference, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot he eliminated within thirty (30) days, Landlord may terminate this Lease. 15. Default by Tenant and Landlord's Remedies. it shall be a default if Tenant fails to pay Rent or any other sums to Landlord when due, and does not cure such default within ten (10) days; or if Tenant defaults in the performance of any other covenant or conditions of City of National City/Cricket Communications 9 Lease Agreement Cainacho Gym this Lease and does not cure such other default within thirty (30) days after written notice from Landlord specifying the default complained of, provided, however, that if the nature of Tenant's default of a non -monetary obligation is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant conunences such cure within said thirty (30) day period and thereafter diligently pursues such cure to completion; or if Tenant abandons or vacates the Lcascd Premises; or if Tenant is adjudicated a bankrupt or makes any assignment for the benefit of creditors; or if Tenant becomes insolvent. If suit shall be brought by Landlord for recovery of possession of the property for the recovery of any rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant, Tenant shall pay to Landlord all expenses incurred therefor, including reasonable attorney's fees, provided that Landlord is the substantially prevailing party in said suit. 16. Cured by Landlord. In the event of a default, landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have by operation of law, without any further demand of notice, to either: (a) terminate Tenant's right to possession of the Leased Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession to Landlord. In such event, Landlord shall be entitled to recover from Tenant (i) the amount of the unpaid rent accrued through the date of termination, (ii) the worth at the time of award of the amount by which the unpaid rent reserved for the balance of the term exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided (net the costs of reletting), and (iii) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under the Lease; or (b) pursue any other remedy now or hereafter available under the taws or judicial decisions of the State of California. 17. Optional Termination. This Lease may be terminated by: a. Tenant, if it determines that it is no longer practical to use the Leased Premises for its intended purpose; b. Tenant, if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antennae Facilities or 'tenant's business; c. Landlord, if Tenant is in default under this Lease; d. Landlord, upon ninety (90) days' written notice to Tenant, if Landlord determines, in its sole discretion, that the Leased Premises are needed for a public Purpose. In the event of such determination, Landlord shall reimburse Tenant (1) the Fair Market Value of all improvements installed by Tenant on the Leased Premises, as determined by an independent qualified appraiser retained by Landlord and City of National City/Cricket Communications 10 Lease Agreement Climactic. Gym subject to Tenant's reasonable approval; and (2) the amount of any Rent pre -paid by Tenant. 18. Liquidated Damages --Termination. Notice of Tenant's termination pursuant to paragraph 17(a) or (b) shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. All rentals paid for the Lease of the Property prior to said termination date shall be retained by Landlord. Upon termination of this Lease by either party, this Lease shall terminate for all purposes and the parties shall have no further obligations to each other. 19. Alteration, Damage or Destruction. if the Leased Premises or any portion thereof is altered, destroyed or damaged so as to a materially hinder effective use of the Antennae Facilities through no fault or negligence of Tenant, "Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. Tenant shall within ninety (90) days remove the Antennae Facilities and all other of its property from the Leased Premises and shall restore the Leased Premises, including reinstallation or replacement with comparable substitute of the existing lightstand, to the same condition as existed prior to this Lease. Upon the completion of such removal and restoration all rights and obligations of the parties shall cease as of the date of the alteration, damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant Landlord shall have no obligation to undertake any repair to Tenant's Antennae Facilities or other personal property of Tenant. 20. Condemnation. in the event that all or part of the Leased Premises or any interest of Tenant in the Leased Premises is taken by eminent domain by the City of National City or any other governmental agency, quasi -governmental agency or • other public body thereby making it physically or financially unfeasible, as determined by Tenant in its sole discretion, for the Leased Premises to be used in the manner it was intended to be used by Tenant under this Lease, 'Tenant shall have the right to terminate this Lease effective as of the date the condemning agency takes possession of the Leased Premises, and the rent shall be equitably prorated. Tenant shall not be entitled to any portion of the award paid for the taking, (except for Antennae Facilities, other communications equipment, and personal property of Tenant), and Landlord shall receive the remainder of such award. Tenant hereby expressly waives any right of claim for loss of business goodwill. All damages awarded as compensation for diminution in value of the leasehold or to the Landlord's Property shall belong to the I.,andlord. If only a portion of the Leased Premises is taken by eminent domain, and Tenant elects not to terminate this Lease under this provision, then rental payments provided under this Lease shall be reduced proportionally as to the portion taken which is not then usable by Tenant and this Lease shall continue in effect. 21. Indemnity. and insurance. a. Disclaimer of i.iabitity. Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising City of National City/Cricket Communications I 1 1.case Agreement Camacho Gym out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Leased Premises or Tenant's Antennae Facilities. b. Indemnification. Tenant shall, at its sole cost and expense, defend, indemnify and hold harmless 1 andlord and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnitees"), from and against: Any and all liability, obligation, damages, penalties claims, lien, costs, charges, loses and expenses including, without limitation, reasonable lees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the in denunitecs by reason of any act or omission of Tenant, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Leased Premises or Tenant's Antennae Facilities or 'Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Any and all liabilities, obligations, damages, penalties, claims, liens, costs charges, losses and expenses (including without limitations, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the indcmnitecs by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Leased Premises or Tenant's Antennae Facilities, and, upon the written request of Landlord, "Tenant shall cause such claim or lien covering Landlord's property to be (discharged or bonded within thirty (30) days following such request. iii. Any and all liability, obligation, damages, penalties, claims liens costs, charges losses and expense (including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may he imposed upon, incurred by or be asserted against the Indemnitees by reason of any financing or securities offering by Tenant or its affiliates for violation of the common law or any laws, statutes, or regulations of the State of California, or IJnited States, including those of the Federal Securities and exchange Commission, whether by Tenant or otherwise. iv. Tenant's obligations to indemnify indcnmitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent City of National City/Cricket Communications 12 1.casc Agreement (:amacho Gym such claims arise out of the sole negligence or willfirl misconduct of one or more indemnitees. c. Assumption of Risk. Tenant undertakes and -assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risk of dangerous conditions, if any, on or about the Leased Premises, and Tenant hereby agrees to indemnify and hold harmless the Landlord against and from any claim asserted or liability imposed upon the Indeiruritees for personal injury or property damage to ally person other than from indemnitee's gross negligence or willful misconduct) arising out of the Tenant's installation, operation, maintenance, condition or use of the Building or Tenant's Antennae hacilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of Landlord. in the event any action or proceeding shall be brought against the landlord by reason of any matter for which the Landlord is indemnified hereunder, Tenant shall, upon notice from Landlord, at 'Tenant's sole cost and expense, resist and defend the same with legal counsel mutually selected by Tenant and Landlord; provided however, that Tenant shall not admit liability in any such matter on behalf of the Landlord without the written consent of Landlord and provided farther that Landlord shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Tenant. e. Notice, _Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the commencements of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. f. Insurance. During the term of the Lease, "Tenant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory re(luircrnents and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. ii. Comprehensive commercial general liability insurance with minimum limits of Three Million Dollars ($3,000,000) as the combined single lirnit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability, coverage lur property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCIJ coverage. City of National City/Cricket Communications 13 Lease Agreement Ca macho Gym g. iii. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by 'tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. iv. At the start of and during the period of any construction, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or accidental to the installation of the Antennae Facilities. Upon completion of the installation of the Antennae Facilities, 'Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Antennae Facilities. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. Business interruption insurance coverage in an amount sufficient to cover such Toss of revenues, for the period of time which it would take, under normal circumstances, to repair or replace that part(s) of the Antennae Facilities which is damaged and caused the loss of revenue. vi. All policies other than for Worker's Compensation shall he written on an occurrence and not on claims made basis. vii. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so tong as in combination the limits equal or exceed those stated. viii. "Tenant shall furnish certificates of insurance to landlord before commencement of work. Named Insureds. All policies, except for business interruption and worker's compensation policies, shall name Landlord and its officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"). Each policy which is to be endorsed to add Additional Insureds shall contain cross -liability wording, as follows: "In the event of a claim being made hereunder by one insured fOr which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be in the same manner as if separate policies had been issued to each insured hereunder." (.'ity of National ('ity/(:rickct Communications 14 Lease Agreement Camaclo Gym Evidence of Insurance. Certificates of insurance of each insurance policy required to be obtained by Tenant in compliance with this insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Landlord annually during the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. i. (Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: "At least sixty (60) days prior written notice shall he given to Landlord by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Lease. " Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approved list of companies qualified to-do business in the State of California. All insurance carricrs and surplus line carriers shall be rated A+ or better by A.M. Best Company. k. Deductibles. All insurance policies may be written with deductibles, not to 'exceed $50,000 unless approved in advance by Landlord. Tenant agrees to indemnify and save harmless Landlord, the indemnitecs and Additional Insured from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by this l.easc. Contractors. 'Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises to carry, in full force and effect, workers' compensation, comprehensive public, liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Landlord may review the insurance coverages to be carried by Tenant. If landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense. 22. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Leased Premises herein will not generate any hazardous substance, and it will not store or dispose on the Leased Premises nor transport to or over the Building any hazardous substance. Tenant shall be allowed to store on site the number of batteries as shown on the plans approved pursuant to the Letter of Approval of Substantial Conformance with City of National City/Cricket Communications 15 Lease Agreement Camacho Gym Conditional Use Permit CUP-2003-5 dated June 6, 2006,. The batteries shown on the plans are to be used for emergency backup power. No additional batteries may be stored On the site without the prior written approval of Landlord. Tenant further agrees to defend, indemnify and hold harmless Landlord and its officials, hoards, commissions, employees, agents and contractors from, and rernediate the property from, any release of any such hazardous substance by Tenant or anyone acting on behalf of Tenant, and any damage, loss or expense or liability resulting from such release by Tenant or anyone acting on behalf of Tenant, including all attomey's fees, costs and penalties incurred as a result thereof, except any release caused by the negligence of Landlord, its employees or agents. "Hazardous substance" shall he interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations, or rules may be amended from time to tirne; and shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably he anticipated to cause sickness, death or disease. 23. Electromagnetic Field EMF1 Indemnification. Tenant shall comply with all present and future laws, orders, and regulations relating to Electromagnetic Fields (EMFs"), and the American National Standard Institute (ANSI) standards. 'Tenant, on behalf of itself and its successors and assigns, shall defend, indemnify and hold harmless Landlord and its officials, boards, commissions, employees, agents and contractors from and against all claims of injuries due to EMFs to the extent such personal injuries are asserted to he caused by Lessee's failure to comply with such laws, with Tenant's obligation to include payment of Lessor's reasonable attorney fees and costs. Landlord and 'Tenant shall mutually select the attorney to defend against all such claims. 24. Cathodic, Interference Protection. Tenant has been advised and understands and agrees not to create any interference of any kind with the City's signals and further agrees to inuucdiately correct any interference that may result from Tenant's equipment or to immediately cease all operations of Tenant's equipment until non-interference with the City's signals have has been obtained to the' satisfaction of the City Manager or his designee. 25. Holding Over. Any holding over after the expiration of the term hereof, with the consent of Landlord, shall be construed to be tenancy from month to month at two times the rent herein specified (prorated on a monthly basis) and shall otherwise be under the conditions specified in this lease agreement, so far as applicable. 26. Subordination to Mortgage. Any mortgage now or subsequently placed upon any properties of which the Leased Premises is a part shall be deemed to be prior in time and senior to the rights of Tenant under this Lease. Tenant subordinates all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage so long as such encumbrancer recognizes this Lease and Tenant's right to occupy the Leased Premises. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination. City of National City/Cricket Communications 16 Lease Agreement Camacho Gym 27. Signing Deposit. With the execution of this Lease, Tenant shall pay Landlord the non- refundable sum of $2,000 as a signing deposit to guarantee Tenant's faithful performance, in lieu of a security deposit. Receipt by Landlord of the signing deposit shall not bar Landlord from pursuing its remedies under Section 15 if 'Tenant defaults in its obligation and duties under this lease. 28. Acceptance of Premises. By taking possession of the Leased Premises, 'Tenant accepts the Leased Premises in the condition existing as of the Commencement date. Landlord makes no representations or warranty as to the condition of the Leased Premises, and Landlord shall not he liable for any latent or patent defect in the Leased Premises, except as otherwise stated herein. 29. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than ten (10) days prior request by Landlord, deliver to Landlord a statement in writing certifying that (a) the Lease is unmodified and in full force; (b) the dates to which rent and other charges have been paid; (c) as for the person making the certificate knows, Landlord is not in default under any provisions of the Lease; and (d) such other matters as Iandlord may reasonably request. 30. Notices. All notices, request, demands, and other communications hereunder shall he in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses; If to Landlord. to: ('ity Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 With a copy to: Maryam Babaki ('ity Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 If to'l'enant: Cricket Communications, Inc., 4031 Sorrento Valley Boulevard, San Diego, CA 92121 Attn: Property Manager With a Copy to: City of National City/Cricket Communications 17 Lease Agreement Camacho Gym Cricket Communications, Inc., 10307 Pacific Center Court, San Diego, CA 92121 Attn: Legal Department 31. Assigtuncnt. a. Tenant may not assign this Lease or sublease the Leased Premises at any time without Landlord's consent. However, Tenant may assign its rights under this Lease, without Tenant's consent, to: (i) any of its subsidiaries, partners, members, affiliates or successor legal entities, (it) in connection with the sale, exchange, or other transfer of Tenant's Federal Communications Commission ("FCC") authorization for the geographic area in which the Premises is located; (iii) in connection with any financing, loan, security interest, pledge, or mortgage of Tenant's property or (iv) to any entity acquiring substantially all of the assets of Tenant. b. Nothing in this Lease shall preclude Landlord from leasing other space for conununications equipment to any person or entity that may be in competition with "Tenant, or any other party. 32. Successors and Assigns. This lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 33. Recordation. 'This lease may be recorded by either party hereto. 34. Miscellaneous. a. landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. This I ,ease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modifications of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall he construed in accordance with the laws of the State of California. d. if any term of this Lease is found to be void or invalid, such invalidity shall not effect the remaining terms of this Lease, which shall continue in full force and effect. City of National City/Cricket Communications 18 Lease Agreement (:amacho Gym 35. Quiet Possession. The Landlord hereby warrants and represents that there are no liens, encumbrance or exceptions to property title as of the date of this lease that would interfere with Tenant's rights hereunder and that Iandlord has the legal right and title to enter into this Lease. 36. Memorandum of Lease. Following the execution of this Lease, either party at its sole expense, shall be entitled to record a short form" Memorandum of I .case in the county in which the Leased Premises are located. 37. Fixtures. Landlord agrees that no part of the improvements constructed, erected or placed by Tenant on the 1,eased premises shall be or become, or be considered as being, affixed to, or part of Landlord's real property, and any and all provisions and principles of law to the contrary not withstanding, it being the specific intention of Landlord to covenant and agree that all improvements of every kind and nature constructed, erected, or placed by Tenant on the Premises, shall be and remain the property of the Tenant. 38. Environmental Conditions. Landlord hereby makes the following representation and warranties to Tenant, for the benefit of Tenant. a. Landlord is not aware of, and has not received notice of, the disposal or release or presence of hazardous substances, as defined under federal and state law, on the Leased Premises, the license for access granted herein, the Encroachment Permit for utilities, or the Landlord's Property. If during the term of this Lease or any extension thereof, it is determined that the [,eased Premises, the license for access, the Encroachment Permit for utilities, or Landlord's lroperty is contaminated with Hazardous Substances, Tenant shall have the right, in addition to other rights and remedies, to terminate this Lease upon thirty (30) days' written notice to Landlord. This lease was executed as of the date first set forth above. - Signatures to Follow - City of National City/Cricket Communications 19 Lax Agreement Camacho Cym LANDLORD TENANT CITY OF NATIONAL CITY, Cricket Communications, Inc., a Delaware A Municipal corporation corporat By: Ron Morrison Title: Mayor Date: APPROVED AS TO FORM: George I1. Eiser, III City Attorney Date: By: Name: Donald R. Siininons Title: Director of Operations, West Region Date: By: ya� a ..,I Name: Bi:a. Hard Title: Vice President of Technical Operations I)ate: gl v>l o7 City of National City/Cricket Communications 20 Lease Agreement Cauiaclto Gym .».....T«.`«.,1 ,.ter RECORDING REQUESTED BY AND WHEN RECORDED RETIJRN 7'O: Cricket Communications, Inc. 10307 Pacific Center Court San Diego, CA 92121 Attn: 1.cgal Department — Real Estate (Re: SAN-704B) (Space above this line for Recorder's use) Memorandum of Lease Between City of National City, a Municipal corporation, ("Lessor") and Cricket Communications, Inc., a Delaware corporation ("Lessee"). A Roof Top Lease ("Lease") by and between City of National City, a Municipal corporation, ("Lessor") and Cricket Communications, Inc., a Delaware corporation ("Lessee") was made regarding a portion of the following property: See Attached Exhibit "A" incorporated herein for all purposes. The Lease is for a term of five (5) years and will commence on the (late as set forth in the Lease (the "Conunencement Date") and shall terminate at midnight on the last day of the month in which the fifth (5th) anniversary of the Conunencement Date shall have occurred. I.essee shall have the right to extend this Lease for tour (4) additional five (5) year terms. IN WITNESS WHEREOF, the parties hereto have executed this memorandum effective as of the date of the last party to sign. LESSOR: LESSEE: CITY OE NATIONAL Cfl'Y, A Municipal corporation By: Ron Morrison Title: Mayor I)ate: APPROVED AS TO FORM: George 11. Eiser, III City Attorney Date: Cricket Corications, Inc., a Delaware corporation By: Name: Donald R. Simmons Title: Director of Operations, West Region Date: _ 13 f 7 - By: Name: BiN sti 'title: Vice President of Technical Operations Date: e1✓O LESSOR'S ACKNOWLEDGEMENT S 1'A'FF. OF ) ) SS. COUNTY OF ) On , 200__ before me, -- . , notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature __ STATE OF ) ) SS. COUNTY OF ) On , 200 before me, (Seal) , notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) EXHIBIT A Legal Description The Property of which the Premises are a part is legally described as follows: The land referred to herein is situated in the State of California, County of San Diego, described as follows: The North 'Three Quarter of the Southwest Quarter of Quarter Section 128 of the Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map by Morrill No. 7.66, filed in the office of the County Recorder of San Diego County, May 11, 1969. Except those portions as granted to the State of California in various deeds of record. Ind of Legal Description LESSEE'S ACKNOWLEDUEMI- Ni' STATE OF OKLAI IOMA COUNTY OF rul si l certify that I know or have satisfactory evidence that Donald R. Simmons and Bill J. Leonard are the persons who appeared belbre me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Regional Network . Director, Western Region and Vice President of Technical Operations of Cricket Communications, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: CYP(flUA J. BR YAN rJ gnry %bit - Stabs at O AD= Tuba Ccuily ,bsion Evros June 07, ZOO ck.ma esinn r 01000200 Notary is Print Name: akixt My commission expires: Q 2.001 RECORDING REQUESTED BY AND WIZEN RECORDED RETURN TO: (Cricket Communications, Inc. 10307 Pacific Center Court San Diego, CA 92121 Attn: Legal Department -- Real Estate (Re: SAN-704B) (Space above this line for Recorder's use) Memorandum of Lease Between City of National City, a Municipal corporation, ("Lessor") and Cricket Communications, Inc., a Delaware corporation ("Lessee"). A Roof Top 1.ease ("Lease") by and between City of National City, a Municipal corporation, ("Lessor") and Cricket Cornrnunications, Inc.., a Delaware corporation ("Lessee") was made regarding a portion of the following property: See Attached Exhibit "A" incorporated herein for all purposes. The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date") and shall terminate at midnight on the last day of the month in which the fifth (Sth) anniversary of the Commencement Date shall have occurred. Lessee shall have the right to extend this Lease for four (4) additional five (5) year temrs. IN WITNESS WIIEREOF, the parties hereto have executed this memorandum effective as of the date of the last party to sign. LESSOR: CITY OF NATIONAL CITY, A Municipal corporation LESSEE: Cricket Conjnications, Inc., a Delaware corporation By: _ By: Ron Morrison Name: Donald R. Simmons Title: Mayor Title: Director of Operations, West Region Date: Date: 81 6 l c) / APPROVED AS TO FORM: George 11. Eiser, 111 City Attorney Date: By: Name: Bi Title: Date: Vice President of Technical Operations LESSOR'S ACKNOWLEDGEMENT STATE OF ) SS. COUNTY OF _. On , 200 _ before me, , notary public, personally appeared , personally known to me (or proved tome on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF ) ) SS. COUNTY OF On , 200 before me, _, notary public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to he the person whose name is subscribed to the within instrument and acknowledged to me that he executed the sane in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seat) I8TH STREET LAS PALMAS ELEMENTARY SCHOOL LOUIS I J CAMAC 10 GYM C24TH STREET co W INTERSTATE NTENNAE FACILITIES L❑CATI❑N NOT TO SCALE EXHIBIT A LEGA I)I;'i(' 1I '1'IUN The land referred to herein .is ai::iat.ed in the State uf California, County ot San Diego, described as _o1.Lows: The North Three Quarter of the Soil=heest Quarter of Quarter Section 128 of the Rancho De La N.i•;i:>n, in the City of National City, County of San Diego, States o`. California, according to Map by Morrill No. 166, filed in le office of the County Recorder of San Diego Country, !%ay it, L96O. Except those portions as granted to the State of California in various deeds of record. End ot Legal Description ABBREVIAT C,NS I : ,':.:".., ..1...1 >...,:. VICINI7( MAP 6' sr, t,, .. reg.09.go .1.00,-•• gi,...,9. • "".:,..T.Z....1711;i" t.-5,';41.' W.. C.. ,.......,... n....11 /a :1101, 99,4,90,99.1 .4 fro.col• ...VII • I „I, W.' ri a -0,.... r . ...1.cp •••• 49. fvg„. ....... tn. lgormatt .9, g.„ „„ .......„. m.g. ,•..C.,. II.' ••to•-, .X97. , 0. 9,./., lyx, • WA,. ,S ., ..... 1.“ 6....9., .„ ........w.u.pt • . ......, ....c .• ....... mit ,KI...9..../. II W.,. O. .9. .........1‘..” c • ..• . P., goo ,,,,, ..,.. ...,...., C.• 0 ..o9t...1199 Ct.. CSO., • • I. ,... It It, t.,•• ...yr ,14.., uw• • .1_ 9... Um.* ...., •,..,.... ,09, 9.,.I".•,....9 .-o, ..901.9 n...'" CIO UT, g, •gggg ,g ',cm, ...t 9 9 0....• 4.-o, Mt. •-•Init II: OM, • r ...Mot WOW ,.. IX,. m• o 0,... . I...WI • 1 49,f toga •C,•x•,0 ,...•.,1•' '•S.•R.•9.,, .....t.t I...Wf,„...,:r.,,,.,. . 1•s0o."i.g.Wc9"o0.•C"1S,, VI r4: %Ir.— V, 19,49•19 c In, .• ..I, ',II ;.'.' K.14174:. ....• .,,... 1-V9.04WLM1,9 r c WI Cr .g.,.,..o .•,....... 11.9 •.0,09-09 •... 9.(......10 r.,, ,ct v co.c.,..1, ••• It• • GO,. f .t.I -KC 9.• mg... o.ry rott :r ........ 't ', 0• ,, •, I 9.1 r. mos I Or. / WK.,. •,,,,,, ..... t , 09 Ile( wws-c • 4 . n• e• .... r y ,,. sw. ,n. ........oa ...yr oio .... ..,..„, 2.07; ...,..., .10./. <,.. .4.... It. . 0719 ,g g ......., gr.,..„,,,......., <a c ........ cr.. g• rt.. MI , 9., ..e .4......• Varr .0.0 .„.• rm..„0„,.• FY .1.90...., •90.... Kl1.0.9. 707....01?4....20.; 1.40..1•09 ....SI.P......IC C• ...1.9,90700$ e .. 1.1f'k •.s-!'-' -‘'.- . V-.: ',•:'. ....ti,' /1‘9"' r; V .0*AL4).. ' '.'"' 9.49,,,,,,g.... ...i,1 ',..i. „' ''' , '9.;:••:''... ) /.... ' .. • ...i), .9•9 \ ,..11 '...: .ir ..5" '.‘1v' 'q-:.\•,7,)'.0..-,`, '..1;'L,•.`4A' --'...'- .''. A, . Itr,SCI•S g w CriC Comfortable J LOUIS 1810 E NATIONAL sAN.704nB 22ND Wireless CAMACHO STREET CITY, CA 91950 .•:,..g...:: :,;....".•••••.,12.2•. ,.,., ...... .,.„........—. ..... . ...... :‘,:zle •,1 c.ew IC I I , I 0 * ':‘, ÷.0 gitEU9 2?i. Im.... 2 E i A 0 g! PRajECT DESCRI°TION SPECIAL INSPECT ONS SFEE7 .NDEXI . NOT APPLICAB.-E FOR LAND USE PLANNING I. .le g• Ul A. 01..... . II, .....; roy ...., r,.... .....-0 mm...„ JAC, .... +am WWI,. 90, 0S.2790 AI „, „0.9i, akiirs Y -Yr 4.O0, IF ../I 1.C..419 .1,.96 ...., •3 I.9•1.C..... ...A1. ....CS nrc •„0.94 0, Ilroll/.091 C• r ...09.59 CAP., 99C .9.11OMIT. (C....0•19, •• DV. .0,04 •0 0. ,, • •• .., .. v.% •N 9•OC ...CLOW. 0, 9.-Ormr.I-C• Or 0: ...a ,91.,.. ..99C .09,1, „ ..... woo.: re ,.... 4, 4,,,k. ,...... 'a re ...ft yorto..... r: r .......na no 4..... :0 evto,. ,,............c, 'NI. .0....0 CI.. • rt... 1,20. .. a ., ... •••••...-to O' COY .8.1 r. Ctorn.... ...1 V.07.07..0. 0, (... V{ NM.. KO,. CV , ct onor co (MI.: 11,}‘ : IVISA 1 ...be..4 lumw Iv 110...ru N. k ill Su. Dvsk :1,1111 1 h.rssx.3.11 1.,..rmww• . Ir...., . ,..,7,g. SyMBOLS v., CODE COMPLIANCE ;Or FC.*,•41172'4:Y41;:'ttFlOnZjilii4 l'''', 4V;i7Fri.' :7"7 .'"41.:. g µ.....„„ wmo„ [... • 0,...... 1,09,..01. ...• 0,1. -MO g. • .1,1 IS I er4,.... toC,r( ray loo 9 ..../CO• 1..9....49. CS( .19.• • C /9/......., /..C.W.11. ‘....."•- •,.-',.• .........r .v. 7' +lc.. or ov 9......,....., „I c.v. c.w.o.,. 'on -- IS1.9.9 ..I. for.or. Vlo. ro.r.. . ...Cos 4 loy.. ...., . ......., 09 ..... y „0„.0 co,ro.tre, • • . r •.•.71. ..C......, ...... I.,. I.NIIII,,,... 1., ,....9 •....‘,„ /AK ..•••••,I9 VS, ....9 00 1......“..1 9 ma... ..9... 9•••0•011C 91,....c„.• .r• .... 11.,,.., 9./.... -.../.....1.% r.... MI CAIS, 10190 071. —__ . ..,,,,...., .....‘ , 7 <W.: .C. .... •19„....rtget ....- •-...- •-•••-•-•.--- .,..... WM., „„... ,.• ‘,...-.' ....... al,90.• Oo „.. • , _, .4.-.o --.top‘:arr... _.....,> , .: 20 ...... _ _ ..._ cr....o.1 .,......c..r.. Yr g„. gg, CONSW.TAN7S L. LEGADESCRIP7ION ....‘ I. fM•re$g.../NE'=•,,.. R.7..niNsa•F‘ f..4..8:4:-•:""; ' 9.'.1' i!!‘fol:n lior"' '' ...I. :/lr. 11.-/Igt CP:9ft .•••(1. 99,, ...19,. NMI OK.;?'.y____........... W4iNtiro 9,8114(419.4,. •II• 1,K,0 4,17/ I., C,....9:1, (RC 1199.011v1 ...• 0(04 99 ....I. .507 .•.)91.-0., :-.9,.•. I..., aVVA r...., ..1,1, 9.1../4•0 ..„ • ,..-... U.,. •.' vs, r,,,, oo,o- ._-.--.._•-•-.........., fahg.( ,e1.C.C. ,, E 4,41. .Z , • ...........— go 11,••••••.. ,-,. ,..,„ ,.... ........ FS 'II, ........................ „A..... ......tec N.V. v... /7-1..091.95 ',"."" r.."‘ C '.3 NOM „ 1007' ME... =Inrel ,. ......••••99. , , ..- vim. 5 . ........,.:..: 070, etag,fq APPROVALS SAN-704B V ...)U15 :: A Y ACHC .1•04 IA. - BPI,. I „ ••••.. - I rIP, efP ,roro•^C.fr ra,,r..ia.,or,t,,zo, ,.. Ml,,,,. 'Am. 4.12, ......,1 ,,,s .K.Or WV ....1 ....Ir.. r.or ..to..cs. to • 1 KEZ Zr.:...7.70•••=%.M:1",.',IVZ.9'74=-W".9.4°9=091' ' " ' .".... TELECOMMUNCATIONS DATA. 717-E S ^ZET SIVOCI C....,.....W.1 0.4a. CTI Y „ream .C... .,.. 1.99,0 •40,0, 0..{ .... MI.., .2 to 4049111 1.1..g g IV, r•PIT ...re, 9,,, C. I •le Um. ,..... I. -- /0.9... It -312-20 ge•R .14, 1.9,... OM r ro...., owl.. to ......... or,.... ..032,0.. IP .914.,11,g ......9.1 ........,” ...C..(9 ••••IIC .•• •••••1 rm.. rt. W901..r. T•to 1-1.90....4C99". •.....1.1 CI In. ,O, T1 IL...II go •,..„„ 4.4030,77: 929,97' • 4, c•cao .'61115 )Y•L W1+13 I' 1: I LJ1P rovr e.: 10 so Do: II]wo ...`P4 :o ..•1.• .Cir C. .P.: • ,.0 [I 14o-t J jy. Ml ' SITE PLAN LEGEND: RC4•t nrP15 +ow h. (COW CAW aw] .. J. ;BYO Yl:r[fi o.01C.m •.0 P,[4MiM•:, .r[ :-1aW TELECOMMUNICATIONS FACILITIES: L.LM1O •PIS v^ p..• n�..4w • ... u .•.. arru- MPw1r:, :eil/plo • as:aw)a o•rc: +.n rye •I4.JO rTIR .A•..•0 'TI �, 1CA$ C. .Cr YR (C(••tl, I0, (0 4]03. O AC R• . IrOs• CY•CM]`(01*0' IY Artwn • 4..'.... S.N]0.rov111.5.v:(: 1 SPDip Co hi:: 9111GY h I tt15a:4• Y InWr. lu.u. SV Yp• SAN•704B LOUTS CAv.AC-O C'OE ALL S "E ..AN CVE'ALLS. c�AN .__5_U 200 •J:' A-1 =lRS' °IOCR 1 r <-S)'O .G. :v WO L • .:i. 1. /•\ ;.) vibe .(.D----.'k -. ' f- �`T.,, \....1.: 7tt(1 M1.UI ..f.(V'(FO GM ..'�...._ 0 .-. ••0 200 Glc 2 ROOF PLAN It czle %o•.:m.CI'141WT / 2 .ea• au. rr I:-rr..2K .c - u: r-.• •...1r >0 100 20: 7 SV .l Y ITtnK.%...w+1 (Rcau .r.Islus .Iv 2111 (141.41 :op.R. I r ..ywV. IC• I K ANY C u CI.T .T — y.y11 %...Gib MCC AEI MSA 'J4-trIV1C ICIr(10 IS:C>Cvy[S.v.YE: R 191.105R 1 F.UIMIWI* :..•.....• . SAN-704B 5 CIJAACHO ROOF P.AN F_C'CR PLAN A-2 GAO- -.EUE EAC. CND. ..E46Y CiIP 51-•CC,C BAZ, $i X ,-)F CCH SOCS 11 90-0, o 4CC, nem- 9P4C,V• PAN, .0 (r. eoa. (C: rr! 1,00'3 .1,1 Si.: :>) tiox_r" :1) orrs 9+,.< 0.) 4E-E4 11: WA, VC A.. IAA 4, Lutz troJn rea0.4.4. teArc,...ra 0%,...0r71 S .e.ef onAM rIt spcnctg To Coca, .....•••CANc 1 rrrisos 0130.1.0.Y. - " I ra •>-"r7g7....".?-7" • " • '0...,12`7.1g4" .9 8 EOU:PmENT A D ANTENNA -..AY0,7 sc....E. 1 c' I' .Z1 ANTENNA INFORMATION 1 sc,,sp Az Noun- .14.TE/04 c.f./ i Acrt.C4A ("CS Aare.. rut 9(CIVt ,CC.. 0., CAECA .0.• I ' V .PCS0-:55-,8-2 :2 a, . E.6", r 3.5*0 , 7 , i e 3" i 9 tiC ,PCS.-:-65- .3-2 ,i 4, . Le, . LS V. . 7 I c v.,.. T .C5,,,Z5-,11-2 . n ,.'P, A 6 C. . 1.51 ' 7 &Or ; I I 1 I IMSA Sak Oar 4.12In /1_13153.071 1/413a1.11o, I rarf-crota • (corer • 0r.000 SAN•704B J LOJIS :ANIACF-C• aNTENI,A LAYOLT ANTENNA MCuNTING DETA "AA- ) n' r • .0- I ecea, AN-ENNA SC,EDULE • orsz:12. 2 A-3 w. [.iC M\ ..'tw �.: 40 t :0 . Y . / %.. �room o•v[+.* 1•0 n; rn wr �m1ea c.l �fN iP iCr rp4'Y['w CA.° r.11F1 .w'f... +m a: Ma Nw.: ♦'. f ,NORTH ELEVA"ON iGs " a' F.ra_l-0. M Nr p M01140Y. 0%M0090 it .0001r4F N M/t x a c.is an .F Yrf NNnro. •�u.n<' ..N/..wn 0Y. [:.i Kr •Phu4.[�=,gip GR*• !wi ♦ I11V)t� T:4 6, a�Y M..p LOW 4" [YM . 54 10 t 4 0 E •I c.cq' .iuw Mn... ef O1 n' .0,10 w1a4_ wlie.ui „.- al :+N 1. 310.1 1.40^0 (, am XN. 1 ra Na .«1.o..•a. ;[ •`aiurii �.. i'wn[N L:o. WEST E_E'.'ATIC..\ I 2 E g H}� SAN•7O46 _o s CA'.IACHO NORTH ELEVATION VEST ELElA-1ON A-4 N %^ rw: RR0�e4 i uJ .rnwi n rc: s.• 4•r, / P.'II 1: (, Y:.O%el T MJ .wn[> n .gip :O VAL.a 1 9 I a M u V CPr.6,0 ac.vo-1 \ i-0NOT t ow \Ow... ..c. nwa. +�a.su. Arls n5 TTw. ..w.ww ID. IF SOUTH. EL VATIC\ e e•\'Yf tiM'J tl w. •., .w :AM! .a.aR •p •amw •: \•ocw f'.wo ro ,0 6na.c. n: la 1, I - n: arc, vs....i •It u i s1 a !; a a _.6 t-•w6a o o < EAST ELEVATION ;EVE 0' 6 ' 6' 2 ,t SA 6A, wss1n1 ,..1uwt4• M F.Gin • 1V1101 - 0.• 4t0W- SAN-7048 LCJ'S CAMnCHO SOU-H ELEVAT:\ A-5 EXHIBIT D City of National City Planning Commission Resolution No. 9-200:3 (Attached) EXHIBIT "D" RESOLUTION NO. 35-2007 A RESOLUTION OF THE PLANNING COMMISSION OE THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ('ONi)IIIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY iN I.AS PALMAS PARK A'1' 1R10 22ND STREET APPLICANT: CRICKET WIRELESS CASE FILE NO. 2007-14 CUP WHEREAS, the Planning (Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility in 1,as l'almas Park at 1810 22" Street at a duly advertised public hearing held on May 21, 2007 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning ('ommission considered the staff report contained in Case File No. 2007-14 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 21, 2007, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed antennas and associated equipment are to be incorporated into an existing building and will not increase the footprint of that building, thus not affecting parking or access. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the facility is only expected to generate one to two trips per month for maintenance stafrand is unlikely to have any impacts on adjacent traffic_ 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the six-inch wide, six-foot tall antennas are located 1'75 feet from the nearest residence, 750 feet from Las Palmas Elementary School, and will not be noticeable located on the large recreation center building. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of Cricket wireless communications network, resulting in enhanced service for its customers. BE IT FIJRTHi R RESOLVED that the application for Conditional Use Pemit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes installation of a wireless communications facility at 1810 E. 22nd Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. 2007-14 CUP, dated April 23, 2007. Additional antennas must substantially conform with the design for installation shown on these plans. 2. The permittee shall not object to co -location of additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed_ 4. Building plans shall note that all antennas and rooftop equipment will be painted to match the exterior of the building, and will meet Code Section 18.86 with regard to screening of all rooftop equipment, and antennas on the building facade will not extend above the height of the existing parapet wall. 5. An eight -foot high, locking, chain link fence surrounding the equipment enclosures must be installed prior to operation of the wireless facility. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and .handicapped regulations. 7. Cricket Wireless shall obtain an approved lease agreement with the City of National City prior to commencement of the construction. 8. Project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 9. Television cable companies shall be notified a minimum of.48 hours prior to filling of cable trenches. 10. Within four (4) days of approval, pursuant to Fish and (lame Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San I)iego County Clerk. Cheeks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report 1 I . Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Ilse Permit. 12_ This permit shall become null and void if not exercised within (one year) after adoption of the resolution of approval unless extended according to procedures specified in Section 18.1 16.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution. shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is tiled with the City Clerk prior to 5:00 p.m. on the day of that City Council. meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 21, 2007, by the following vote: AYES: Alvarado, Pruitt, Flores, .Reynolds, DeLaPaz NAYS: ABSENT: Carrillo ABSTAIN: Baca CIIAIRWOMAN crick" et. SAN-704.8 LOCAT1=N 0Xt21Tislat J LOWS CAMACHCI PRoposto • WOK1NCI NORTHICAST FROM ..ARKINCI HSI 0 22NO ISTRECT NATiONAu 0.-N. CA 1 SC vmw 2 0t55,373 cru4; oot>-aimus DDDDD •uncs woe,. .4rook••••.c, •ftia..clep Irr •.p.sev cricket SAN-7O4-B LO OA.-I0N EXISTIND J LOUIB CAMACHO 1■ 1 0 22ND QTRECT NATIONAL CITY CA 9 1 9 SO PRLIMOBEC • LOOKIND NORTMWCOT rROM PARKING LOT CNTRANCC V [w 1 .0'14) 011041/DJS A.M.UAW Sr •NYYC •...w ,.GY 1YM- .•/ON 014•13.44...-M ••-VIO[O W ?•OnLC? ,•A•• DAP,. AOOED ITEM City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 4, 2007 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REDUCING THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2007-2008 FROM 15.7 CENTS PER $100 OF ASSESSED VALUATION TO 14.3 CENTS PREPARED BY Tess E. Limfueco Financial Services dfficer EXPLANATION DEPARTMENT Finance x4333 To pay the General Obligation Bond debt service for Fiscal Year 2007-2008, a property tax rate must be set. The attached calculation results in a property tax of 14.3 cents per $100 of assessed valuation. This is a 9% reduction from the property tax rate of Fiscal Year 2006-07 of 15.7 cents. Environmental Review N/A Financial Statement N/A Approved 13 Jeanette Ladrido, Finance Director Account No. STAFF RECOMMENDATION NIA BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. General Obligation Bond Tax Rate Computation FY 2007-08 Resolution No. A-200 (9/80) General Obligation Bond Debt Service (Fund 259) Tax Rate Computation FY2007-2008 National City Secured Unsecured HO Exemption 1 Net Secured 3 Delinquency @ 4 Net after Delinq 5 Plus HOPTR 6 7 8 9 10 Maximum Rate 16 Computed Rate 17 Plus.0001 Assessed Rate Valuation 0.0143 2,732,989,000 0.0157 158,993,000 5.30% 0.0261 00001 31,511,000 2,732,989,000 144,848,417 2,588,140:583 31,511.000 2,619,651.583 2,619,651.583 2,619,651.583 0.0142 0.0143 FY 07-08 Est. Revenue 391,065 24,962 416,027 11 12 14 15 6065-50 Amount to be raised 397,190 Unsecured 24,962 0.0157 Amount to be raised by secured taxes 372,228 18a Tax rate * #4 367,751 18b Tax rate * HOPTR 4,477 19 Secured Proof 372,228 20 Raised by 1/100th mil 2,620 21,23 Taxes Raised 399,810 I CERTIFY THAT THE ABOVE COMPUTED RATE • 1/100TH MIL IS A REASONABLE TAX RATE FOR THIS FUND Janette Ladrido Finance Director Date TAX AMOUNT AND RATE CERTIFICATE The Governing Board of the City of National City District of San Diego County does hereby certify to the Board of Supervisors and/or the Auditor and Controller of the County of San Diego, that said Goveming Board has determined the amount of money to be raised by taxation, and fixed the rates of taxation for said District by designating the number of cents on each one hundred dollars ($100) of assessed valuation to be levied on the Current Secured Tax Roll, for each taxing entity in the District. The amounts and rates so determined for the fiscal year beginning July 1, 2007 are: Name of Entity Payment of Principal and Interest All Other Purposes Parent District, Improvement Districts, Annexations or Exclusions Amount Rate* .00000 Amount Rate* .00000 City of National City 397190 0.01430 *NOTE: Rates should be reported in 5 decimal places District Governing Body By: Jeanette Ladrido, CPA Q Title: Finance Director AUDITOR AND CONTROLLER'S USE ONLY Number of copies received One Two Other If two (2) copies are received, one is sent to the Clerk of the Board of Supervisors on ATTACHMENT 7 TAX AMOUNT AND RATE CERTIFICATE The Governing Board of the City of National City District of San Diego County does hereby certify to the Board of Supervisors and/or the Auditor and Controller of the County of San Diego, that said Governing Board has determined the amount of money to be raised by taxation, and fixed the rates of taxation for said District by designating the number of cents on each one hundred dollars ($100) of assessed valuation to be levied on the Current Secured Tax Roll, for each taxing entity in the District. The amounts and rates so determined for the fiscal year beginning July 1, 2007 are: Name of Entity Payment of Principal and Interest All Other Purposes Parent District, Improvement Districts, Annexations or Exclusions Amount Rate* .00000 Amount Rate* .00000 City of National City 397190 0.01430 *NOTE: Rates should be reported in 5 decimal places District Governing Body By: Title: Jeanette Ladrido, CPA Finance Director AUDITOR AND CONTROLLER'S USE ONLY Number of copies received One Two Other If two (2) copies are received, one is sent to the Clerk of the Board of Supervisors on ATTACHMENT 7 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: September 4, 2007 AGENDA ITEM NO. ITEM TITLE: NEIGHBORHOOD COUNCILS MONTHLY REPORTS FOR JULY & AUGUST 2007 PREPARED BY: Lauren Lauletta (619) 336-4289 EXPLANATION: Please see attached report. _13 DEPARTMENT Community Services Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Receive and file. BOARD/COMMISSION RECOMMENDATION N/A . fTACHMENTS (Listed Below) Resolution No. 1. Neighborhood Council Monthly Report —July 2007 & August 2007 COMMUNITY SERVICES DEPARTMENT Neighborhood Council Program MEMORANDUM To: Mayor and City Council; Chris Zapata; Leslie Deese; Rudy Lopez From: Lauren Lauletta & Julian Garcia RE: Neighborhood Council August 2007 Wrap-up Northside (August 1) • Residents in attendance: 17 • City staff in attendance: 2 (FD & Redevelopment) • Action requests submitted: 2 • Presentation: 8th & D "Harborview" • Action requests submitted for July 4: No Meeting Granger (August 2) • Residents in attendance: 17 • City staff in attendance:4 (Mayor; Councilman Natividad; Building & Safety; FD) • Action requests submitted: 4 • Presentation: 8th & D "Harborview" ; Code Enforcement • Action requests submitted for July 5: No Meeting Central (August 81 • Residents in attendance:15 • City staff in attendance: 2 (Building & Safety) • Action requests submitted: 1 • Presentation: Code Enforcement; Housing Inspector • Action requests submitted for July: 5 • Action request pending: 0 • Average number of days taken to complete an action request: 5 MLK COMMUNITY BUILDING • 140 EAST 121° STREET, SUITE B • NATIONAL CITY • CA 91950 TEL. (619) 336-4290 • FAX (619) 336-4292 Eastside (August 9): • Residents in attendance: 29 • City staff in attendance: 4(Mayor, PW, FD, Building & Safety) • Action requests submitted: 3 • Presentation: Code Enforcement • Action requests submitted for July:5 • Action request pending: 1 • Average number of days taken to complete an action request: 4 Olivewood (August 15): • Residents in attendance: 13 • City Staff in attendance: 3(FD)(PD) Planning • Action requests submitted: 3 • Presentation: Housing element; Police Lt. Triviz • Action requests submitted for July:3 • Action request pending: 0 • Average number of days taken to complete an action request: 3 Sweetwater Heights (August 22) • Residents in attendance: 6 • City Staff in attendance:3 Planning; Building & Safety • Action requests submitted: 1 • Presentation: Housing Element; Code Enforcement • Action requests submitted for July: 2 • Action request pending: 0 • Average number of days taken to complete an action request: 3 Old Town (August 23): • Residents in attendance: 13 • City Staff in attendance: 5 (PD)(FD) Planning, Building & Safety • Action requests submitted: 4 • Presentations: Housing Element; Housing Inspector • Action requests submitted for July:3 • Action request pending: 1 • Average number of days taken to complete an action request: 4 Totals tAugust 2007): • Residents in attendance: 110 • Action requests submitted: 18 • Staff Initiated: 12 • Action requests submitted for July:16 • Action requests pending from July: 3 • Combined average number of days taken to complete an action request: 4 COMMUNITY SERVICES DEPARTMENT Neighborhood Council Program MEMORANDUM To: Mayor and City Council; Chris Zapata; Leslie Deese; Rudy Lopez From: Lauren Lauletta & Julian Garcia RE: Neighborhood Council July 2007 Wrap -Up Northside (July 4): No meeting due to Holiday Granger (July 5): No meeting due to Holiday Central (July 11): • Residents in attendance:18 • City staff in attendance: 4 (PD, FD, CDC) • Action requests submitted:5 • Presentation: Down -Payment Assistance Program (8th & D "Harborview") • Action requests submitted for June: 9 • Action request pending: 2 • Average number of days taken to complete an action request: 9 Eastside (July 12): • Residents in attendance: 5 • City staff in attendance: 3 (PW, FD, CDC) • Action requests submitted: 5 • Presentation: Down -Payment Assistance Program (8th & D "Harborview") • Action requests submitted for June: 5 • Action request pending: 0 • Average number of days taken to complete an action request: 5 MLK COMMUNITY BUILDING • 140 EAST 12'" STREET, SUITE B • NATIONAL CITY • CA 91950 TEL. (619) 336-4290 • FAX (619) 336-4292 Olivewood (July 18): • Residents in attendance: 14 • City Staff in attendance: 2 (FD) (Mayor) • Action requests submitted: 3 • Presentation: Down -Payment Assistance Program (8th & D "Harborview") • Action requests submitted for June: 1 • Action request pending: 0 • Average number of days taken to complete an action request: 3 Sweetwater Heights (July 25): • Residents in attendance: 4 • City Staff in attendance:2 (FD/ Redevelopment) • Action requests submitted: 2 • Presentation: Down -Payment Assistance Program (8th & D "Harborview") • Action requests submitted for June: 3 • Action request pending: 0 • Average number of days taken to complete an action request: 5 Old Town (July 26): • Residents in attendance: 10 • City Staff in attendance: 5 • Action requests submitted: 10 • Presentations: Down -Payment Assistance Program (8th & D "Harborview") • Action requests submitted for June: 2 • Action request pending: 0 • Average number of days taken to complete an action request: 2 Totals (July 2007)1 • Residents in attendance: 51 • Action requests submitted: 25 • Staff Initiated: 10 • Action requests submitted for June: 29 • Action requests pending from June: 2 • Combined average number of days taken to complete an action request: 4 Neighborhood Council Quarterly Breakfast- Boys and Girls Club (July 21): • Residents in attendance: 131 • Presentations: Overview and tour of the Boys and Girls Club, American Cancer Society Relay for Life, Overview of the Community Services Department by Recreation Supervisor; Kaseem Baker City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September4, 2007 AGENDA ITEM NO. 16 ITEM TITLE WARRANT REGISTER # 5 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Jeanette Ladrido 6 l 9-336-4330 Ratification of Warrant Register # 5 per Government Section Code 37208. CEnvironmental Review _ N/A Financial Statement Approved By. Not applicable. Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,178,574.57 BOARD / COMMISSION RECOMMEND • TION ATTACF E ani kept ar id°w Resolution No. 2. Workers Comp Warrant Register dated 7/25/07 3. Payroll register dated 7/25/07 A 7CC :9 99 City of National City WARRANT REGISTER # 5 7/31 /2007 PAYEE ADAMSON POLICE PRODUCTS PIKE UNITED STATES TREASURY BOARD OF EQUALIZATION ACEDO ADAMSON POLICE PRODUCTS AFFORDABLE SERVICE APPLIANCES ALL.EN APT US&C ARCO GASPRO PLUS ASTRO MECHANICAL. CON TRACTOR BEILAVIOR ANALYSIS TRAINING BLS 1 BEST & KRIEGER 1.1.I' HNI I'LIBLICATIONS, INC. Is(.X) I WORLD BOYD C W RFED JR CALIFORNIA COMMERCIAL. SEcuuR1 CALIFORNIA DEPT OF HEALTH SVCS CITY (.)F CHUI.A VISTA CJ.I:AN IIARBORS CLEARS. INC. CORPORATE EXPRESS CPS HUMAN RESOURCE SERVICES DESCRIPTION (I'LIRN CANISTER. I IAZMAT BOOTS (:l..AIM!MEGAN PIKE V CNC ?ND O1R 2007 941/ 95-6000749 SALES & USE TAX 2ND ORTR 2007 RETIREE HEALTH BENEFIT AUG'07 150 SIIORT SIIIELD I.AI1OR. REPAIRS TO ICE MACHINE RETIREE HEALTH BENEFIT AUG'07 S D 42 APT CONFERENCF./I.ADRIDO Pl Ill: LOR CITY FLEET REPAIR RECIRCULATION P1JMP 1UITION/TRAINING/MAFS TRACY PERSONNEL ISSUES 2006 CAI.IFORNIA EDITION NFPA MOP #64096 BOOTS • L. GONZAI,F.7. RETIREF. 1 U ALTIl BENEFIT AUG'07 RETIREMEN 1' 2000964-S90 AUG'07 MOP #45754 KEYS AND JOCK I. 1 A CERTIFICATION RENEWAI, ANIMAL SHELTER COSTS HAZARDOUS WASTE PICK 11I' MEMBERSHIP/CLEARS 2007 MISC OFFICE SUPPLIES HR TESTING SERVICES CHK NO DATE AMOUN 216016 7/26/07 8,346.33 216017 7/26/07 500.00 216018 7/26/07 26.48 216019 7/30/07 4,999.00 216020 7/31/07 160.00 216021 7/31/07 1.002.07 216022 7/31/07 120.00 216023 7/31/07 125.00 216024 7/31/07 124.00 216025 7131/07 24,897.63 216026 7/31/07 3,000.00 216027 7/31/07 472.00 216028 7/31/07 480.00 216029 7/31/07 115.64 216030 7/31/07 366.35 216031 7/31/07 145.00 216032 7/31/07 1,051.3(1 216033 7/31/07 51.55 216034 7/31/07 75.00 216035 7/31/07 8.167.51 216036 7/31/07 1946.00 216037 7/31/07 30.00 16038 7/31/07 262.09 216039 7/31/07 1,223.00 1 DANIEI. PEARCE/ RPM WELDING INSTALL SNACK BAR BARRIER 216040 7/31/07 1,01,8.36 DAPPER TIRE COMPANY GOODYEAR EAGLE TIRE. 216041 7/31/07 1,139,30 DATA TICKET INC PC PROCESSING. APPEALS - APR 07 216042 7/31/07 3,484.25 DEAN'S WES"1' COAST RADIATOR BATTERY, NEW & COMPLETE RECORE 216043 7/31/07 815.(: DEFRATIS RETIREE ►IEALTH BENEFIT A11(707 - 216044 7/31/07 120.00 DELI. MARKETING CORD HARD DRIVE FOR AX150 216045 7/31/07 424.11 DICERCII}O RETIREE HEAL'U1[ BENEFIT AUG'07 216046 7/31/07 70.00 DIGITAL. DISPLAY SYSTEM, INC. TINIER WITH BUZZER SYS 216047 7/31 /07 510.83 DIXIELINE LUMBER CO. MCH' 45707 BATTERIES 216048 7/31/07 280.84 DONG SCSI CABLE FOR BACKUP SERVER 216049 7/31/07 80.81 DREDGE RETIREE HEALTH BENEFIT AIi(3'07 216050 7/31/07 250.00 DI IRRA INK MOP 46766 BI JSINESS CARDS 216051 7/31:07 93.24 1•:i) REED SOUND EQUIPMENT FOR 13ANI) 216052 7/31/07 2,666.48 ID REED TONER CARTRIDGE 216053 7731/07 154.07 ENVIRONMENTAL, IIA/ARDS SERVI LEAD DUST WIPES '216054 7/31/07 108.00 EW1:RT, PHILLIP RETIREE HEALTI BENEFIT AUG'07 216055 7/31107 160.00 FERGUSON ENTERPRISES, INC MOP 445723 PIPE FITTINGS 216056 7/31 /07 382.74 FIRE ETC WESTERN S1113.TER CREW 216057 7,31/07 :3,541.74 FRED PRYOR SEMINARS SAN DIEGO ONE: DAY SEMINAR 216058 7/31/07 149.1. HAMII:ION RETIREE HEALTH BENEFIT AUG'117 216059 7/31/07 100.00 HARRIS & ASSOCIATES JUNE 2007 SERVICES 216060 7131/07 4,648.00 HARPS AliTO SUPPLY BRAKE PARTS 216061 7/31/07 160.00 HEARTT[.AND COMM. FAC. At ITHOR1 ANNUAL DISPATCH SVC/APR-11.1NE07 216062 7/31/07 344.98 HI ANANDEZ TRAVEL/SUBSISTENCE 216063 7/31/07 1,380.88 HOLLOW•AY RETIREE IlEA1,T11 BENEFIT AU(i'07 216064 7/31/07 150.00 F[O;MF. DEPOT CREDIT SERVICES SPRAY I3OTTI.F.S/GLOVES 216065 731/07 59.10 FIONI•.YWEI.L INC. REPAIRS & MAINTENANCE 216066 731/07 19,885.50 HOWARD 11. WAYNE, JR. REPAIR-SIGTRONICS COMMUNICATIONS 216067 7/31/07 340.00 HYDRO-SCAPE PRODUCTS INC. MOP 445720 RAINBIRD ROTOR 216068 7,31/07 480.02 [NTOXIMETERS PAPER ROLL EC/ IR THERMAL 216069 7/31/07 98.22 JAS PACIFIC:, INC. 131.DG INSPECTOR PEE .IIJNE 2007 216070 7/31/07 7,500.00 JJJ ENTERPRISE AI.ARM MONITORING SERVICLS 216071 7/31/07 97.50 JOIN DELRE I.ANDSCAPES MOP r.'69277 FILED HIRE 216072 7/31/07 457.35 JUDD ELECT RIC I•I.ECTRIC SVC LURING 4111 OF JUI.Y 216073 7/3I/07 3,384.'. KIMBLE KOI.ANDA LASER SAVER INC 'LEAGUE OF CALIFORNIA CITIES I.,ONG'S DRUG STORES LOPEZ LORMAN EDUCATION SERVICES LOVE MAAC PROJECT MAES MAES MATIENZO MAYER REPROGRAPHICS MCCABE MERCURY INSURANCE, COMPANY MORFORD MOTOROLA MUNI FINANCIAL. MURRAY MYERS RETIREE HEALTH BENEFIT AUG'07 RETIREE HEALTH BENEFIT AI IG'07 MOP 45725 TONER F.CC CITY ATTY SEMINAR MOP 45727 Pl IOTO PROCESSING TRANSLATION SRVCS JULY 2007 SEMINAR/EISER AND POST TRAVEL/SUBSISTENCE 42ND ANNIVERSARY GALA ADV DISARII.1'1Y PENSION PAYMENT SUBSISTENCE/TRAVEL, RETIREE. IIF.AI:1'}1 BENEFIT AUG'07 DIGITAL. BOND RETIREE HF.ALT11 BENEFIT AUG'07 CLAllvI/MVA V CM: REFUND/PROOF OF NON -LIABILITY PORTABLE RADIO SPEAKER FY05-06 ANNUAL INFO SI MN I* SERIES RETIREE HFA1.1 I1 1. 1 NEFLT AUG'07 RETIREE HF.AI;fl I BENEFIT AUG'07 N & U TRUCKS & AUTO RECYCLING WINDOW. BACK. GRFTSN TINT NATIONAL CITY TROPHY MOP 1166556 - DESK NAME HOLDERS NFPA FULFILLMENT CENTER NLPOA CONVENTION NORTHERN SAFETY CO., INC. NOSAI., WILLIAM A. -HANDBOOK NLPOA REGISTRATION/ANDERSON GAS DETECTOR CO RETIREMENT SETTLEMENT -Al ICI 07 ORANGE (.'Ol1NIY SHERIFF'S DEPT TUITION/SUPERVISORY COURSE PAUU PISS&J PENAGOS PERRY FORD POTTER PROGR1;SSI V E. SOLUTIONS INC. PRUDEN IIAL OVERALL.. SUPPLY RETIREE HEALTH BENEFIT AUG'07 PROVIDE ON -GOING SEWER BILL REFUND/INCORRECT SSN PAID CHANGI. 011. /FILTER. ROTATE TIRES RETIREE HEAI.TI1 BENEFIT AUG'07 CASI IIERCENIRAI. - MAINTENANCE MOP 45742 TOWF.I. 216074 7/31/07 300.00 216075 7/31/07 135.00 216076 7/31/07 331.53 216077 7/31/07 505.00 216078 7/31/07 12.76 - 216079 7/31/07 200.00 216080 7/31/07 718.00 216081 7/31/07 648.68 216082 7/31/07 1,500.00 216083 7/31/07 3,113.13 216084 7/31/07 698.76 216085 7131 /07 100.00 216086 7/31/07 19.66 216087 7/31/07 280.00 216088 731/07 3,927.22 216089 7/31/07 80.00 216090 7/31/07 300.58 216091 7/31/07 1,000.00 216092 7/31/07 150.00 216093 7/31/07 140.00 216094 7/31/07 674.25 216095 7/31/07 40.24 216096 7/31/07 155.23 216097 7/31/07 200.00 216098 7/31/07 205.46 216099 7/31/07 992.29 216100 7/31/07 102.00 216101 7131107 340.00 216102 7/31/07 8,860.51 216103 7/31/07 1211.00 216104 7/31/07 2,206.40 216105 7/31/07 150.00 216106 7/31'07 10,045.82 216107 7/3 V07 75.66 3 PUBLIC SAFETY CONSULTANTS RAMOS RAY REED ROGI ALS RUIZ Rl1SS' BEE REMOVAL SAFEWAY SIGN CO. SAN DIEGO MIRAMAR COLLEGE SD FIREFIGHTERS REGIONAL SDG&.F. SI IORT, CRAIG SIGN MASTERS STRATACOM SWEET WATER AUTIIORITY SWEETWATER INN TAKE CIIARGE FITNESS THE STAR NEWS THE STAR NEWS VALLEY INDUSTRIAL SPECIALTIES ADV REGISTRATION/RENEE LOVE REFUND REOI JEST FOR REPORT RETIREE HEALTH BENEFIT AUG'07 REFUND/INCORRECT SSN PAID REFUND/DUPLICATE PAYMENT RETIREE HEALTH BENEFIT AIJG'07 BEE REMOVAL FROM CLI'Y PROPERTY SIGNS TUITION/1 1550 11 & S COURSE WELLNESS EXAM FOR EMPLOYEE FACILITIES DIVISION GAS/ELECTRIC RETIREE HEALTH BENEFIT AL.K.107 FABRICATE & INSTALL. VINYL LETTERS MOP 63845 REQUEST FOR LEAVE FACILITIES DIVISION WATER BILL. REND/DBI. PMT OF TOT-RPLC CK21 1284 GROUP FITNESS INSTRl1CT1ON PUBLIC IIEARING SEWER SRVCS PUBLIC 111:ARING 2007-04 CUP MOP tt46453 REPAIRS FIRE: STATION VERSATILE INFORMATION PRODUCT PUMA-2 DIGITAL. VOICE: RECORDER WATERLINE TECHNOLOGIES CHEMICAI,S FOR MUNICIPAL. POOL WESTNI T. INC. WOOD & WOOD WOOL) & WOOD WOOD & WOOD ZIETLOW, 1)AVID LABOR, REPLACE DORM REMOTE CLAIM/FRISBIE V CITY OF N C CLAIM/AI LE.S V OFFICER ONE CLAIM/ACCIDENT OF JI /NE 2007 RETIREE I IFALTH BENEFIT AUG'07 216108 7/31/07 294.00 216109 7/31/07 6.00 216110 7/31/07 190.00 216111 7/31/07 510.0, 216112 7/31/07 80.00 216113 7/31/07 310.00 216114 7/31/07 125.00 216115 7/31/07 2,485.89 216116 7/31/07 20.00 216117 7/31/07 6,037.50 216118 7/31/07 69,279.17 216119 7/31/07 300.00 216120 7/31/07 1,590.00 216121 7/31/07 572.14 216122 7/31/07 383.36 216123 7/31!07 4,537.38 216124 7/31/07 140.00 216125 7/31/07 307.50 2.16126 7/31/07 58.9 216127 7/31/07 1,149.11 216128 7/31/07 703.35 216129 7/31/07 3,940.41 216130 7/31/07 451.60 216131 7/31/07 11,085.22 216132 7/31/07 2,740.00 216133 7/31/07 1,412.50 216134 7/31/07 150.00 coral 259.609.09 Workers compensation checks 13101 7/25/07 63.57 13407 7/25/07 88.00 13103 7/25,07 7.718.63 13404 7/25'07 13405 7/25.'07 1,379.3 4 13406 7/25/07 828.78 13407 7/25/07 461.49 13408 7/25/07 1,418.98 13409 7/25/07 216.86 13410 7/25/07 152.51 13411 7/25/07 374.00 13412 7/25/07 280.00 13413 7/25/07 440.00 13414 7/30/07 3,111.43 Total 16,564.30 Total 276,173.39 PAYROLL Pa} per iod Start Date End Date Check Date 308 07/03/07 07/16/07 07/25/07 Total $902,401.18 GRAND TOTAL. $1,178,574.57 5 City of National City Warrant Register # 5 7/31/2007 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 130 EMT - D REVOVING FUND 154 STATE PUBI IC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL. DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJEC 208 SUPP. LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 254 LEAD -BASED PAIN F HA7ARD REDUCTION GRANT 282 REIMBURSABLE GRANTS CITYWIDE 294 HUD HEALI HY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMLNI S 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICA I IONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND Total 710, 547.44 24,769.86 20,517.56 11,016.33 1,819.44 7,500.00 25,827.80 26.26 2,996.95 1,682.79 3,665.44 822.70 5,056.55 795.72 0.35 1,405.65 8,981.72 1,837.20 45,280.33 4,012.01 13,272.90 2,006.01 4,471.68 34,321.21 5,2 (5.86 6,603.22 2.87 116,054.65 39,847.06 6,929.24 13,531.99 797.24 1,826.24 12,922.34 42,149.96 1,178,574.57 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September4, 2007 AGENDA ITEM NO. 17 / ITEM TITLE WARRANT REGISTER # 6 PREPARED BY DEPARTMENT D. Gallegos -Finance EXPLANATION Finance Jeanette La o 619-336-4330 Ratification of Warrant Register # 6 per Govemment Section Code 37208. ( Environmental Review Financial Statement Not applicable. N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 582,104.80 BOARD /Q(MMMISSION ;ECOMMEATIO ATTACHMENTS ( Listed Below ) 1. Warrant Register#6 2. Workers Comp Warrant Register dated 8/01/07 a.2C0 9 99) Resolution No. Payee City of National City WARRANT REGISTER # 6 8/7/2007 Description ACE UNIFORMS & ACCESSORIES,I FIRE INVESTIGATOR UNIFORMS AMERICAN ROTARY BROOM CO., I MOP 1162683 SWEEPER PARTS ARJIS AT&T'MC1 AT&T/MCI AT&T/MCI A'f&T/MCI BARRER.A FIICKMORE RJSK SERVICES BOOT WORLD ':APE CACEO CALIFORNIA CT) IMAGING CENTER CALIFORNIA COMMERCIAL SECUR CALIFORNLA JPIA CALIFORNIA LAW ENFORCEMENT CHII.OI RS CITY OF CARLSBA1) CONSTRUCTION ELECTRONICS IN CORPORATE EXPRESS CREATIVE F:NTERTAINMF:NT CRPOA ARPOC 2007 DALEY & F1F:1 T LEP DALEY & HEFT LI.P DATA ITICKET INC ARJIS COSTS. JPA COSTS. PHONE C60-449-7549 JUNI. 07 LOCAL SVC 858 911-7802 PHONE SVCS 615-7/3/07 PHONE 619 336-6700 REFUND/CITATION DISMISSED OUTSTANDING LIABILITIES MOP 64096 SAFETY 1300TS FIRE/LTD AUGUST 2007 ANNUAL SILMINAR - GIL&. VF.RGARA SCANNING OF PLANNING 1)OCUM1{NTS MOP 45754 AUTO-DOM DBI. SIDED JPIA RISK MNGMT CONFERENCE 1'D/LT1) AUGI 1ST 2007 CLOWN EXPRESS ON SEP 8T11 2007 MAY'07 SD SAFETY DISPAT TEST MAINTENANCE SVC - AUG 07 MOP 45704 OFFICE. SI IPPLIES ENTERTAINMI•:NT AT J3AYFRONT ARPOC TRAINING CONFERENCE CLAIM/SWEETWATER V. CITY OF NC CLAIM/I.F,TICIA RA7.0 V. CITY OF N(.' PC PROCESSING FOR JUNE 2007 )EPAR I'MENT OF TRANSPORTATIO I IIGFIWAY LIGI TYING chk no chit date amount 216135 8/7/07 247.78 216136 8/7/07 749.48 216137 8/7/07 212.00 216138 8/7/07 6,883.10 216139 8/7/07 1,872.64 216140 8/7/07 377.21 216141 8/7;07 21.89 216142 8/7/07 .305.00 216143 8/7/07 2,250.00 216144 8/7/07 174.52 216145 8/7(07 656.00 216146 8/7/07 630.00 216147 8/7/07 3,080.05 216148 8/7/07 29.91 216149 8/7/07 320.00 216150 8/7/07 1,599.00 216151 8/7/07 630.00 216152 8/7/07 105.69 2.16153 8/7/07 1,687.10 216154 817/07 793.90 716155 8/7/07 500.00 216156 8/7/07 225.00 216157 8/7/07 834.98 216158 8/7•107 641.97 716159 8/7/07 2,685.80 / 16160 8/7/07 3,203.37 City of National City WARRANT REGISTER # 6 8/7/2007 Payee DIAMOND PORTAIU,E RESTROOMS DIGITAL DISPLAY SYSTEM, INC. D1XIELINLi LUME3ER CO. DSL EXTREME EL LATINO. SAN DIIXIO ENVIRONMENTAL HAZARDS SERV ESGII. CORPORATION EXPRESS TEL FEDEX FEDEX FEDEX FERGIJSON ENTERPRISES, INC FLEI F SERVICES, INC HAR"I'S AUTO SI JPPL.Y ITEAL:III NET HEAI.TH NET HEALTH NET HEALTH NET HEALTI! NET HINDERLIFER DE LLAMAS & ASSO HOLIDAY INN - SOUTH BAY ICONS SHOW PRODUCTIONS IRON MOUNTAIN RECORDS JAMES PUHT.ISIIING JEFFERSON PILOT FINANCIAL JFRAUI,D'S AUTOMOTIVE INC. Description PORTABLE RESTROOM 9/08/07, TIMER. SLAVE. 4 DIG 24 IIR MOP #45707 SMALL. TOOLS DSI. INTERNET LINE FOR REC CNTR FLYERS FOR '1l IE BAYFRONT 1'.XPO LEAD DUST WIPES FIRE PLAN CHECK INSPECTN APR'07 LONG DISTANCE SVC 6120 7/20/07 FEDEX POLICI: RECRUIT MATERIALS FEDEX S I-ANDARD OVERNIGHT MAILED DOCUMENTS MOP / 457 23 COUPLINGS. PIPES TRUCK BRAKE SPRING BRAKE PARTS HEALTH INS 110067A AUG/2007 HLALTI1 INS AUG 2007 57135J HLALT11 INS AUG 2007 57135E HEALTH -FULL NETWORK 57135A EIEALTH-RET INS H00671; AUG'_.007 CONT SVCS SALES TAX 3RD OTR CLAIMrCONTRERAS JAIME V. CNC BAYFRONT EXPO/CONCERT 9/8/07 RECORDS & DOCUMENT STORAGE PUBLISHING/GUERRILLA DISC LIEF INS AUG 2007 STRAIGHTEN 1•:XHAIIST PIPE KAISER FOUNDATION HEALTH PLA KAISER INS ACTIVE AUG 2007 chk no chk date amount 216161 817/07 474.68 216162 8/7/07 151.89 216161 8/7/07 204.38 216164 8/7/07 51.88 16165 8/7i07 750.00 216166 8/7/07 54.00 216167 8/7/07 9,500.00 216168 8/7/07 136.52 216169 8/7/07 43.92 216170 8/7/07 3134 216171 8/7/07 20.88 216172 8/7/07 878.5 216173 8/7/07 1,226.49 216174 8/7/07. 668.00 216175 817107 56,944.41 216176 8/7/07 950.10 216177 8/7/07 555.29 216178 8/7/07 13,882.60 216179 8:7'07 2,561.84 216180 8/7/07 3,497.20 216181 8/7/07 1,144.00 216182 8/7107 2,000.00 216183 8/7/07 105.00 216184 8/7/07 72.69 216185 8/7/07 11,743.01 216186 8/7/07 1.30.00 216187 8/7/07 115,568.. 7 City of National City WARRANT REGISTER ii 6 8/7/2007 Payee KAISER FOUNDATION HEALTH PLA T.IEBERT CASSIDY WHITMORE MAY1.E, HOWARD MUNI(:II'.AI. Al5DITING SERVICES MX LOGIC. INC N C: CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL NOTARY ASSOCIATION NAVY DISPATCII NEWSPAPERS NEXUS INTEGRATED SOLUTIONS iIXON EGLI EQUIPMENT CO. OLD TOWN TROLLEY FOURS OF ONE DAY PAINT & BODY (INC.) PARTS PLUS AUTOSTOR.E 11713 PERRY FORD POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMI' RETIREMENT SYSTEM S.D. COUNTY SIIERJPT'S DEFT. SAN DIEGO READER SAN JOSE STATE UNIV FOUNDAIIO SI) PERFORMING ARTS LEAGUE SEGOVIA SEWARD SHARP REES STIiALY MET.) GROUP .1GN MASTERS Description KAISER RET INS AUG 2007 CONSULTANT SERVICES CONSTRTJCTION INSPECTION-6!28-07/23/07 MAS COLI.ECIION MAIL. FITTER/ WEB FILTER SVC CITY ENI IANCEMENT FUND AI IG'07 MOI' 445735 FUI'I./OIL, FILTERS REIIP1TOI.STFR BIJCKF.T SEAT 1.•:&O INSURANCE BAYFRONT EXPO & CONCERT ()TREY MAINTENANCE-8/0I-10/31107 SLEEVE., SPROCKET TROLLEY TOURS/BAYFRONT EXPO LABOR. REPAIR BODY DAMAGE MOP 164946 BRAKE PAL) SE.T AIR CON -LABOR REPLACE A/C BATTERIES FOR FIRE ENGINE MOP 45742 TOWEL MAINTENANCE SERVICE PERIOD 07-07-4 BOOKING FEES NC BAYFRONT EXPO & CONCERT RUITION/INT AFFAIR INVEST 8885 PLAYING GTIIDE Al) I PANE!. CONSI I1.TANT MIS REVIEW STJI3SISTANCE/TRAVEL. INVESTGN ANNIIAL TB TESTING PRELIMINARY WORK ON PATROL CAR chk no chk date amount 216188 8/7/07 3,756.06 216189 8/7/07 7,020.00 216190 8/7/07 2,420.31 216191 8/7/07 5,266.20 216192 817/07 441.00 216193 8/7/07 3,750.00 216194 8/7/07 905.44 216195 8/7/07 217.50 216196 8/7/07 84.00 216197 8/7/07 500.00 216198 8/7/07 5,104.08 216199 8/7/07 1,202.59 216200 8/7/07 1,820.00 216201 817/07 844.63 216202 8/7/07 137.93 216203 8/7/07 1,539.71 216204 8/7/07 1,325.40 216205 8/7/07 420.49 216206 8/7/07 224,975.55 216207 8/7/07 37,422.00 216208 8/7/07 1,782.00 216209 8/7/07 255.00 216210 8/7/07 1,125.00 216211 8/7/07 1,400.00 216212 8/7/07 809.32 216213 8/7/07 775.00 216214 8/7/07 185.00 3 Payee SILVA SILVA SOLANA CENTER SPARKLETI'S SWEETWATER Al 1THORITY 'I'ABARES ENTERTAINMENT THE FILIPINO PRESS THE MC GROUPS, 1.1.0 T111. MC GROUPS, L1.0 THE 1.IGIITIIOUSI•:, INC. 'I'11J: STAR NEWS 'TOM MOYNAHAN U.S. IIFALTHWORKS US STERLING CAPII'A1. CORP US STERLING CAPITAI. CORP WATTS WEST GROUP PAYMENT CENTER WES'1'FI.EX INDUSTRIAL. WIHI'I'AKER BRO'I IlI•:RS ZAPATA City of National City WARRANT REGISTER # 6 8/7/2007 Description CA REDEV SYMP REGISTRATION AIRFARE SAN JOSE AUG 8-9,2007 RECYCLED COLORED COPY PAPER MAYOR AND CII Y COUNCIL WATER STREET DIVISION WATER BILLS REFUND FOR FINANCE'S BOND FEF. ADVERTISEMENT/MAGAZINE ORDINANCE DEVELOP MEETINGS AB939 ANNUAL REPORT HIDEAWAY KIT PUBLIC HEARING NOTICES MOP 1445734 TOWING FEE MEDICAL SERVICLS TRADE. SETTLING 7/14-7120107 I RAI )F. SETTLING 7/07-7/13/07 REIMII!ICMA CONE] RF?NCE BILLING JUNE 21 - JI11,Y 20 2007 MOP 463850 HOSE AND PLUGS SHREDDER/SERV AGREEMENT REIMB!LUNCH MINTING chic no chk date amount 216215 817107 470.00 216216 8/7,'07 168.80 216217 8/7107 92.21 216218 S./7/07 17.90 216219 8/7/07 421.57 216220 817/07 2,500.00 216221 8/7/07 500.00 216222 8'7'07 937.50 2 I6223 8 Z'0 7 750.00 216224 8/7/07 1,197.89 216225 8.'7/07 843.08 216226 8/7107 50.0' .. 216227 8/7.'07 535.00 216228 8/7'07 198 54 216229 8.1;07 198.00 216230 8/7/07 349.60 216231 S 7r07 466.07 216232 8/ /07 160.01 216233 8;7/07 296.31 216234 8/7;07 79.39 Total S 569,787.35 Workers compensation checks 13415 Sr l / U7 564.92 13416 8/ 1107 181.49 13412 8. 1:'07 177.25 13418 8/1,07 78.42 13419 8'1:07 429.E 4 City of National City WARRANT REGISTER it 6 8/7/2007 Paves Description chk no chk date amount 13420 8/1/07 189.34 13421 8/1/07 27.84 13422 8/1/07 399.79 13423 8/1/07 216.60 13425 8/1/07 110.00 13426 8/1/07 22.00 13427 8/1/07 44.00 13428 8/1/07 176.00 13429 8/1/07 110.00 13430 8/1/07 44.00 13431 8/1/07 66.00 13432 8/1/07 314.94 13433 8/1/07 94.91 13434 8/1/07 2,279.06 13435 8/1/07 79.26 13436 8/1/07 2.62 13437 8/1/07 80.22 13438 8/1/07 0.11 13439 8/1/07 0.11 13440 8/1/07 1.30 13441 8/1/07 121.44 13442 8/1/07 24.20 13443 8/1/07 2.62 13444 8/1/07 2.62 13445 8/1/07 2.62 13446 8/1/07 250.00 13447 8/1/07 47.60 5 City of National City WARRANT REGISTER # 6 8/7/2007 Payee Description chk no chk date amount 13448 8/ 1 /07 576.94 13449 8!1/07 .335.6.1 13450 8/1/07 1.415.50 13451 8/1/07 600.00 13452 8/1/07 600.00 13453 8/1:07 400.00 13454 8;1/07 117.00 13455 8/1/07 400.00 13456 8/1/07 400.00 13457 8/1/07 i7,35 13458 8/1/07 408.57 13459 8/1/07 1,6.1' 13460 8/1/07 D1.14 13461 8/1/07 440.00 13462 8/1/07 ;7 30 Total $ 12.317.45 Grand Total 582.104.80 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 4, 2007 AGENDA ITEM NO. 18 ITEM TITLE Public IIearing and Proposed Finding of No Significant Environmental Effect for an Amendment to an Existing Specific Plan (SP-2-90) on a 1.65-Acre Site on the North Side of Plaza Boulevard, Just East of I- 805 to Accommodate a Proposed 10,300 Square Foot Retail Development on Two Vacant Parcels Within the Specific Plan Area (Applicant: Schuss Clark, an Architectural Corporation) (Case File No. 2007-1 SP, IS) ag— PREPARED BY Angela Reeder36-4310 DEPARTMENT Planning EXPLANATION In 1990, the City approved a Specific Plan for the 6-parcel site located on the north side of Plaza Boulevard, just east of 1-805. The purpose of the Plan was to encourage compatible mixed use development in this area, establish design guidelines, and reduce the number of potential vehicle driveways on Plaza Boulevard. Since its approval, there has been no development within the Specific Plan area. The applicant proposes to build a 10,296 square -foot commercial center (Plana -Grove Center) on the parcels on either side of Grove Street. Plans consist of one building on the 0.48-acre western parcel (Plaza -Grove Center West) and one building on the 0.40-acre eastern parcel (Plaza -Grove Center East). Both buildings will house a mixture of general retail and food service facilities. They are proposed on the south portion of the properties, facing Plaza Boulevard, with the parking to the north and entrances from Grove Street. The proposed layout will allow the parking, trash enclosures, etc. to be screened from Plaza Boulevard and properties to the south. Parking provided for the entire project totals 51 spaces, the respective required parking per Code for a new shopping center. The buildings are single story and will be divided into suites, the sizes of each depending upon the occupants. The Planning Commission held a public hearing on this item at their August 20, 2007 meeting and considered the application and all public comment received. One Condition of Approval was added requiring the applicant to work with Police to provide an acceptable camera system for the site. The attached background report describes the development proposal in more detail. Environmental Review Financial Statement N/A NIA Proposed Negative Declaration (2007-1 IS) Approved By: Finance Director Account No. STAFF RECOMMENDATION iCtr Staff concurs with the decision of the Planning Commission to recommend approval of the Specific Plan Amendment and the Finding of No Significant Environmental Effect. BOARD i COMMISSION RECOMMENDATION Planning Commission recommends approval of the Specific Plan Amendment. Vote: Ayes- DeLaPaz, Reynolds, Flores, Pruitt, Baca, Carrillo, Alvarado ATTACHMENTS ( Listed Below) P:at:V cl6n No. I. Background Report J. LEtatiait Mill) 6. Specific Plan document 2. Planning Commission Reso. No. 47-2007 4. Department/Agency Comments 7. Applicant's Plans (Exhibit A) Including Findings & Conditions of Approval 5. Negative Declaration A-200 (9/99) BACKGROUND REPORT SITE CHARACTERISTICS The project area includes six parcels zoned General Commercial with a Planned Development overlay (APN 557-380-10, 11, 12, 69, 70, 50, and 51), and subject to Specific Plan SP-2-90. The Plan area is located at the northeast comer of 1-805 and Plaza Boulevard and is divided by Grove Street, which runs north to south. Presently, the project area includes vacant land together with two single-family homes. The surrounding zoning is RS-2 (Single -Family) to the north, GC (General Commercial) to the south and east, and OS (Open Space) along Interstate 805 to the west. Single family houses front Twelfth Street to the north of the site. The surrounding homes are typically one-story with a pitched roof, or two-story with garages on ground level. A shopping center (Grove -Plaza), which includes a number of fast food restaurants, faces the project area on the opposite (south) side of Plaza Boulevard. Plaza Boulevard is classified as an Arterial in the Circulation Element of the General Plan. In addition, Plaza Boulevard is designed as a Major Entry Point targeted for special landscaping and signage. BACKGROUND In 1990, the City approved a Specific Plan for the area described above. The purpose of the Plan was to encourage compatible mixed use development in this area, establish design guidelines, and reduce the number of potential vehicle driveways on Plaza Boulevard. The current Specific Plan calls for a mixed residential/commercial development across the entire six parcel site. It permits approximately 18,325 square feet of commercial space fronting on Plaza Boulevard and 29 residential units with access from 12th Street above the commercial. The existing plan also includes the use of underground parking to meet parking requirements for the development. Since its approval, there has been no development within the Specific Plan. PROPOSED USE Specific Plan The applicant proposes to amend the existing Specific Plan which currently specifies a mixed use development, with commercial fronting Plaza Boulevard and residential development above. The applicant proposes to change the commercial -residential land use component and to instead provide for all commercial retail uses as permitted in the General Commercial (CG) zone. To replace the mixed -use design project which included the entire Plan area, the applicant proposes to impose key design themes and principles to provide continuity for all future development in the Plan area. The key principles include maintaining a similar building orientation toward Plaza Boulevard, minimizing curb cuts on Plaza, continued general convenience type services, and pedestrian friendly development. In addition to the Key Design Principles, the Specific Plan incorporates an architectural concept for future development, as well as design regulations, and signage, lighting, parking, and landscaping requirements. All of the applicant's proposed regulations and guidelines are equivalent to, or more restrictive than the 1 of 69 2007-1 SP, IS Pagc l of 3 current Land Use Code requirements. These revised development guidelines would apply to all parcels within the Specific Plan area, just as they are subject to the current Specific Plan. Commercial Development Project The applicant's current development proposal includes construction on the two westerly parcels within the Specific Plan. The Plaza -Grove Center project includes a 5,698 square foot building on the approximately 0.48-acre westem parcel (Plaza -Grove Center Wcst) and a 4,598 square foot building on the approximately 0.40-acre eastern parcel (Plaza -Grove Center Fact). The two properties are bisected by Grove Street, which will provide access for each parcel. Both buildings will host a mixture of general retail and food service facilities. The buildings are proposed on the southern portion of the lots facing Plaza Boulevard, with the parking to the north or rear. The two proposed parking lots include a total of 51 parking spaces, as well as trash enclosures for the site. Two of the spaces are proposed along 12`h Street, separate from the main parking lot, and are provided with pedestrian access to the project via a stairway along Grove Street. The applicant states that these 2 spaces will likely be used as employee parking. The two proposed retail buildings are single story and will be divided into suites, the ultimate size of each depending upon the leaseholders. Current plans call for five tenants in Plaza -Grove Center West and three in Plaza -Grove Center East; however, the spaces may be combined to allow tenants to occupy a larger space. Some food service facilities are anticipated but would be limited to a maximum of four. The architectural design of the proposal is Filipino Modem, incorporating forms, materials, textures, and colors consistent with that cultural motif. This includes use of varying textures of stucco, wood siding, glass, stone veneer, and tile accents. The Plaza Boulevard and Grove Street exposures will be sufficiently landscaped to fully complement the architecture (see project plans). The Specific Plan document and associated plans are attached to allow full review of the proposal. ANALYSIS Specific Plan A Specific Plan is a comprehensive planning document that guides the development of a defined geographic area. Specific Plans contain detailed regulations, conditions, programs and design criteria unique to an area and serve to implement the General Plan. The National City General Plan states that the City will encourage businesses to locate or expand where compatible with existing, nearby development (Economic Development Policy D, pg 36). The proposed Specific Plan amendment is consistent with this policy and with the existing General Commercial (CG) zone designation of the site. The Specific Plan includes properties within an existing commercial corridor along Plaza Boulevard that are currently zoned for general commercial use. Adjacent properties along each side of Plaza are also intended for commercial use, both to the east and west Immediately adjacent to the project site to the west is the Interstate 805 corridor. North of the project site, across 12t Street, the zoning designation and land use change to residential. However, as the proposed development and amendment are consistent with the site's zoning and adjacent development along the corridor, the proposal would not physically divide an established community. In contrast, any other type of development on the site would be inconsistent with the development plan of the neighborhood. 2 of 69 2007-1 SP, IS Page 2 of 3 In addition, the General Plan encourages appropriate standards and procedures for architectural design and review within specific areas of the City, including large, vacant parcels, to potentially be included in a specific plan; and expressly uses the proposed project site (north side of Plaza Boulevard between I-805 and East 12th Street) as an example of such an area (Urban Development Implementation #4, pg 14). The proposed revisions to the architecture and design regulations within the proposal would allow more flexibility than the existing Specific Plan, while still maintaining consistency throughout the plan area Under the authority of the Specific Plan, all future development within the Plan area would require a Planned Development Permit, and would be reviewed by the Planning Commission for consistency. Thus, the Planning Commission would have the opportunity to review the design aspects (site plan, building elevations, landscape plans, floor plans, etc.) of any future development proposals. Commercial Development Project The proposed commercial development is consistent with the applicable design regulations for the General Commercial zone and proposed Specific Plan Amendment. Each parcel contains adequate parking, as required by the Land Use Code for a new shopping center. The proposed structures also meet City Design Regulations with regard site layout, landscaping, and architectural variation. In addition, the proposed site layout with the buildings fronting on Plaza Boulevard allows the parking, trash enclosures, and loading area to be screened from Plaza Boulevard and other properties to thc south. Due to the topography of the site, which rises approximately 12 to 14-feet toward the northerly third of the Lots, retaining walls are required to provide level building pads and parking areas which results in the development being screened from the properties to the north, as well. This design also reinforces the street edge and avoids additional surface parking lots along Plaza Boulevard. While the project is a use that is otherwise allowed by right in the General Commercial zone, it is not consistent with thc existing Specific Plan without the related amendment being proposed, due to the lack of a residential component. Environmental Review This project is subject to the California Environmental Quality Act (CEQA) for the protection of environmental resources. Based on the review of the project and determination of no potential significant impacts, a Negative Declaration was prepared for the project (see Attachment 7). The 20-day public review period for this document ended on August 15, 2007. The City received no comment letters during the review period. Planning Commission The Planning Commission held a public hearing on this item at their August 20, 2007 meeting and considered the application and all public comment received. One Condition of Approval was added requiring the applicant to work with Police to provide an acceptable camera system for the site. The Commission then recommended approval of the proposed Amendment. 3 of 69 2007-1 SP, IS Page 3 of 3 RESOLUTION NO. 47-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A PROPOSED AMENDMENT TO AN EXISTING SPECIFIC PLAN (SP-2-90) AND A FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT ON A 1.65-ACRE SITE ON THE NORTH SIDE OF PLAZA BOULEVARD, JUST EAST OF 1-805 TO ACCOMODATE A PROPOSED 10,300 SQUARE FOOT RETAIL DEVELOPMENT ON TWO VACANT PARCELS WITHIN TIIE SPECIFIC PLAN AREA APPLICANT: SCHUSS CLARK, AN ARCHITECTURAL CORPORATION CASE FILE NO. 2007-1 SP, IS WHEREAS, the Planning Commission of the City of National City considered a Specific Plan Amendment application to an existing Specific Plan (SP-2-90) to accommodate a proposed 10,300 square foot retail development on two vacant parcels within the Plan area at a duly advertised public hearing held on August 20, 2007, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. 2007-1 SP, IS maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 20, 2007, support the following findings for the Specific Plan Amendment and Negative Declaration. RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO AN EXISTING SPECIFIC PLAN 1. That the proposed Specific Plan Amendment is consistent with and necessary to implement the General Plan, since the General Plan encourages businesses to locate or expand in the City where compatible with existing, nearby development and environment (Economic Development Policies) and also specifically encourages the use of a specific plan on the project site. The proposed amendment to the Specific Plan would achieve both of these goals by providing more flexibility in development potential along an established commercial corridor, and by preserving the Specific Plan on the project area.. 2. That the proposed Specific Plan amendment is consistent with the General Commercial General Plan designation, since the Plan permits all those uses allowed in the General Commercial Zone, only subject to additional design considerations. 4 of 69 RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-1 IS) has been read and considered together with any comments received during the public review process; and, 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (2007-1 IS) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any continents received) that there is no substantial evidence that the project will have a significant effect on thc environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby recommends approval of the proposed Negative Declaration. BE IT FURTHER RESOLVED that the application for the Specific Plan Amendment is recommended for appmval subject to the following conditions: l . All provisions and statements in the Specific Plan dated July 2007 by Schuss Clark shall be binding on the currently proposed development and all future development of the Specific Plan area, except as modified by Conditions of Approval. Future development plans shall substantially conform to site plans and elevations shown in Exhibit A, dated 5/07/07, case file no. 2007-1 SP, IS, unless authorized by an Amendment to the Specific Plan. Planned Development Permits shall be required for all future proposed development, except for the Plaza -Grove Center project identified within the Specific Plan and on Exhibit A. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, ctc. consistent with the approved concept plan shall be submitted for the Plaza - Grove Center project area concurrently with project grading plans for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, 24" box specimen trees at main entryways into the project, detail elements of proposed retaining walls including use of decorative block, proposed enhanced or decorative paving on -site, parking lot lighting, trash enclosures, and bicycle parking. 3. Separate permits shall be submitted for review and approval by the Planning Department for all signs prior to issuance of building permits. 4. All rooftop mechanical equipment shall be screened from the sides and the top in accordance with City standards and shall be indicated on the building plans, to the satisfaction of thc Planning Director. 5. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all nc c ssary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative 5 of 69 Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 6. The bus stop improvements identified in Exhibit A, including a new shelter, bench, route map and trash container, must be shown on the landscape plans and grading plans and shall be approved and installed prior to the issuance of a certificate of occupancy on the Plaza - Grove Center project. 7. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association Standards (NFPA) as adopted by the City of National City. 8. The property shall be addressed in a manner to be clearly visible from the street, per review and approval by the National City Fire Department 9. Fully automatic fire sprinkler systems shall be required, per review and approval by the National City Fire Department. Estimated minimum fire flow requirements with a fully automatic fire sprinkler system installed will be 1,000 gpm measured at 20 psi residual pressure with a flow duration of two hours. 10. The developer shall work with Sweetwater Authority to ensure adequate service to the proposed Plaza -Grove Center project, as there is no water main in Grove Street between 12th Street and Plaza Boulevard, and a main extension of at least 300 feet will be required in Grove Street to provide a fire service line for building sprinklers. 11. A ten foot horizontal separation between sewer and water laterals is required. 12. An encroachment permit will be required for the proposed monument signage along Plaza Boulevard if located within the public right-of-way. 13. A Hydrology study (100 year flood) is required for the new project. The study should consider the adequacy of the proposed project storm drain system. All hydrology study findings and recommendations are part of Engineering Department requirements. 14. 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. 15. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention PIan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 16. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet Adjacent properties shall be protected from surface run-off resulting from this development 6 of 69 17. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department_ 18. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 19. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 20. The deteriorated portions of the existing street improvements (100' of sidewalk) along the property frontages shall be removed and replaced. 21. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Comer Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 22. 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. 23. Street improvements shall be in accordance with City Standards. All missing street improvements (300' of sidewalk and (3) pedestrian ramps) shall be constructed. Abandoned driveway (40' of driveway) aprons shall be replaced with curb, gutter and sidewalks. 24. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans arc submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 7 of 69 25. Exterior walls of buildings/walls/fences/trash enclosures to a height of not Ims 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. 26_ A Planned Development permit will be required for the applicant's two parcels identified in Exhibit A and the Specific Plan document (Plaza -Grove Center), if a grading permit has not been obtained or an extension has not been granted within two years. 27. The developer shall incorporate and maintain a camera system for security monitoring purposes of the common open public spaces, parking, and retail areas of this project to the satisfaction of the Police Department. BE IT FURTIIER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 20, 2007, by the following vote: AYES: CARRILLO, ALVARADO, BACA, PRUT.TT, FLARES, REYNOLDS, DELAPAZ NAYS: ABSENT: ABSTAIN: V./C4Ge CHAIRWOMAN 8 of 69 910 22:35 2236 2231 c \1 b : j2'30 2225 2226 22.V 2219 2210 `` �\\ 22p9� Ui 2204 2221 2215 2202 \ 22p3 2� 205 2126 \. 2215 \ 2122 2136 2112 � 2120 2121 \ \ 21� 1 1 Do° 2205 120 11 215 Paa 2406 I.\ 1 /1 1 \ 1 \ 1 ♦ ♦ ♦• 0 \ Cil 0)) 2336 2325 \ ,� \ • • ♦ a. 23� 323 1 • • • vsi Q♦ V \ 9 • 2326 \ • • • N \` a \\ • \\ (7. ♦ ♦ 1 2$12 \ o •• \ ' 0 ♦ 1 \ 2320 • % \ ♦ \1 °' 1 ,� II ♦• 22 \,� 231a \ \` ` `\ i ♦ ♦ 40 \ \ \(r) �� \ C3.4 ..... i �` \ 11 \ 0 1 2ao1.2aa9 \ ♦ \y% e5t�1 Cl. {i \ ♦ c� N \\' v• \ 2.22 ` 1 St d1CC i\ 2 • ...':::::....... \� %, \ \\ . 22:3 \\ �\- \ 1 � N 2210 , �� % ' \' -` \, °� ``ee� \ % \\ r 5 \ , 4\ \ I 2125 1 (1) '\ 2'46 \ ` 1 2113 y \ N 1 r r r ✓ • • • • 21ao 0 0 0 U W O 2007-1 SP, PD, 0 0 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR NEW RETAIL STORES AT PLAZA BOULEVARD AND GROVE STREET Date: February 5, 2007 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: NEW RETAIL STORES A'I' PLAZA BOULEVARD AND GROVE STREET l A Hydrology study (100 year flood) is required for the new project. The study should consider the adequacy of the proposed project storm drain system. All hydrology study findings and recommendations are part of Engineering Department requirements. 2. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted fur 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 he required prior to issuance of an applicable engineering permit. The SUSMP shall he prepared by a Registered Civil Engineer. 3. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall he undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 10 of 69 ® Recycled Paper 4. All surface run -of shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface nun -off resulting from this development 5. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 6. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall he provided on the curh to mark the location of the lateral. 7. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall he part of the Engineering Department requirements. 8. The deteriorated portions of the existing street improvements (100' of sidewalk) along the property frontages shall be removed and replaced. 9. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 11 of 69 10. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. I I. Street improvements shall be in accordance with City Standards. All missing street improvements (300' of sidewalk and (3) pedestrian ramps) shall be constructed. Abandoned driveway (40' of driveway) aprons shall be replaced with curb, gutter and sidewalks. 12. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall he submitted with the plans. A performance bond equal to the approved cost estimate shall he posted. Three percent (3%) of the estimated cost shall also he deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 13. Plaza Boulevard will be widened in this area (see attached drawing) and will affect the proposed commercial center. The widening will be approximately 5' on Plaza Blvd. The developer has been informed of the proposed improvements to the street. AL:jha Stores 12 of 69 24 JAN 2007 FM 4:04 NATIONAL CITY POLICE DEPARTMENT ADMINISTRATIVE DIVISION MEMORANDUM January 23, 2007 TO: City of National City Planning Department FROM: William C. Strasen, Sergeant Special Assistant to Chief of Police SUBJECT: Police Department Comments Re: Development Proposal Case File No: 2007-01 SP, PD, IS The Police Department recommends that final approval of the development project should include provisions for the project to comply with the crime free multi -housing criteria and crime prevention through environmental design standards. The Police Department additionally recommends that the developer of this project consider incorporating and maintaining a camera system for security monitoring purposes of the common open public spaces, parking, and retail areas of this project. Such camera system should be compatible to and operationally integral with the current Police Department security camera project scheduled for various areas throughout the city. Thank you, Bill Strasen, Sergeant Special Assistant to Chief National City Police Department (619) 336-4326 wstrasen@ci.national-city.ca.us 13 of 69 CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 0640, AKNW MEMORANDUM DATE: January 31, 2007 TO: Angela Reeder, Associate Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Case File No: 2007-01 64) Please note our following comments and recommendations: I) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 2) Property to be addressed in manner to clearly visible from the street. 3) Fully automatic lire sprinkler system will he required. 4) Estimated minimum tire flow requirement with a fully automatic fire sprinkler system installed will be 1,000 gpm measured at 20 psi residual pressure with a flow duration of two hours. Please note that the above items are based off of a preliminary review of plans submitted. Additional requirements may he necessary upon submission of a complete set of plans for pennit review. 14 of 69 .1401, S... EETWATER AUTHORI . 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 httpl/www.sweetwatecorg January 29, 2007 GOVERNING UOARU H. MITCHEL BEAUCHAMP, CHAIR JAMES C. ALKIRE, VICE CHAIR JAMES'JIM' DOT ID RON MORRISON W.D.'DUD' POCKLING FON TERRY I IIOMAS MAHGARET COIN( WELSH DENNIS A ROSTAD GFNFRAI. MANAGER MARK N. ROGLHS OPERATIONS MANAGER Ms. Angela Reeder, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY — COMMERCIAL DEVELOPMENT, NORTH SIDE OF PLAZA BOULEVARD, BETWEEN 1-805 AND 12TH STREET, NATIONAL CITY CASE NOS. SP-2006-5; PD-2007-1 A.P.N. 557-380-50-00 AND 557-380-51-00 SWA DEV. FILE: GROVE PLAZA Dear Ms. Reeder: This letter is in response to the Application for a Planned Development Permit received by Sweetwater Authority (Authority) regarding the proposed commercial project, within the Authority's service area. There is no water main in Grove Street between 12th Street and Plaza Boulevard. A main extension of at least 300 feet is required in Grove Street, at the Developer's expense, to provide a fire service line for the building sprinklers that are required. There is a 6-inch main in 12th Street that could provide domestic water service to the parcel that fronts it. Authority records indicate that there are no existing domestic water services to these parcels. Enclosed is a copy of a portion of Section 129 that shows the existing facilities. The Owner/Developer also needs to submit a check payable to Sweetwater Authority in the amount of $5,000 for plan review processing. Also, the Owner's Engineer should submit a proposed water main design. A separate letter will be mailed to the Owner regarding this part of the process. At this time, the Authority cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements, as well as a site plan, street improvement plan, irrigation plan, plumbing plan (showing total fixture -unit count), fire sprinkler plans, and calculations so that service sizes can be verified, and estimates can be .prepared. Based on this requirement, the Authority will determine if there is a need for new water systems, or substantial alteration to the existing water system. It is recommended that your agency work with the Authority to determine what facilities should be added, priorto issuing a building permit. in addition, the Developer must submit anticipated water demands for each type of use in gallons per day, before Capacity Fees can be estimated. A Yublls W t e>; 4Igency Serving National City, Chula Vista and Surrounding Areas Ms. Angela Reeder Re: Water Availability — Grove Plaza January 29, 2007 Page 2 of 2 Any new water services installed to serve the proposed project will require the installation of backflow prevention assemblies, and water meters cannot be located within three (3) feet of the edge of the driveway apron. In the event that a fire protection system is required for this project, the Authority will require the installation of an approved Double Check Detector Check Backflow Assembly on that system. A ten (10) foot horizontal separation between sewer and water laterals is required. If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at approximately 100 psi. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:LJE:ss enclosure: photocopy of 1/4 SEC. 129 map cc: Don Condon, Battalion Chief/Fire Marshal National City Fire Department 140 E. 12th Street, Suite A National City, CA 91950 Boardwalk Development, Inc. 16909 West Bernardo Drive San Diego, CA 92127 Mr. Richard Clark Schuss Clark Architects 9474 Kearny Villa Road, Suite 215 San Diego, CA 92126 Mr. Miguel Alvarez, Sweetwater Authority I:\enyr\Dev\Grove PIa7a\Cor\Ltr- Water Avail - 1-29.07.rloc 16 of 69 200 100 0 Existing Water Facilities 200 Feet N IMI Subject Property:- Grove Plaza APN S573805000 & 51 National City 1/4 SEC. 129 • Fire Hydrants -- Water Mains - Water Services «'.0 ima *amen n.vb Ica .esm ami.a..y kaM m.n.d o uwde ay..m e..ol ae Ms. M wm v»n.v..m.n *Ma emm,.,s m,Caa b.), 4..4 M.. ro 1.4, 1.1J P.n., row, 4, ls4 imam u..k. w.o.>'. Jamo.,kk on, ImMMIcramd. PO .me Mato, -.Mao trk•r w w 4Nkob UIU SA ov ay. Pk+ o mammon TM 'soma (MI tr. kpcm.,kIm.MT TM um .. M1.Maw „b, k P.[aa,ln•C �W Jae my AM n.a M )amm,d 1,1 .1>S1YJ. 9Su.[a. Dm Cn ti U..191 1'7 of F,Q Wtune cocoa I LnN u,n.1Ju,Mw�.wnnwp;:weN100l,.kp..ytyanud Angela Reeder From: John Webster Sent: Monday, January 22, 2007 2:44 PM To: Angela Reeder Cc: Mike Daney; Ron Morrison; Leslie Deese; Adolfo Gonzales Subject: Case File No. 2007-01 SP,PD,IS amendment to SP-2-90 Importance: High kngela, fhe following are National City Transit recommendations for this project as this project (2 buildings-10,300 sq ft total floor area) is ;xpected to have a high transit impact and increased passenger service. I. Recommend that the existing bus stop on the NE side of Plaza Blvd at Grove Street proposed for Retail Building "B" (see )Ian Page A3-existing photo #2)contain a shelter, benches, route map and trash containers. This shelter should include an :lectrical lighting component and at least two (2) color CCTV security cameras with a direct feed to NCPD. ?. Recommend that a bus stop cutout on NE side of Plaza Blvd be part of the design for the area proposed for Retail Building "B". >_. The developer should bear all associated costs to implement any Transit recommendations above. 1. Submit the plans to MTS Planner Mike Daney (mike.daney(u)sdmts.com) for his review and comments. As General Manager of NCT as well as a member of the NC Chamber of Commerce Foundation Board and Board of Directors )f Morgan Square (PBID) I am extremely excited about this and other similar projects and the very positive impact they will have )n our Community. If you need any additional information or assistance please do not hesitate to let me know. Sincerely, John 18 of 69 1 /22/2007 Angela Reeder From: Mike Daney [Mike.Daney@sdmts.com] Sent: Monday, January 29, 2007 3:07 PM Angela Reeder Subject: (Grove Plaza), Case Number PD-2007-1 Angela, Thank you for providing the Metropolitan Transit System (MTS) the opportunity to comment on (Grove Plaza), Case Number PD-2007-1, located on the north side of Plaza Blvd, east and adjacent to Interstate 805, segmented by Grove Street. MTS would like to ensure the retention of the existing bus stop located at the northeast corner on Plaza Boulevard at Grove Street. Beginning March 4, 2007, this stop will introduce 15-min frequency service that connects to the 8ih Street Trolley Station, Westfield Plaza Bonita and Spring Valley communities. The stop should remain in ADA compliance with a minimum curb width of 811. The stop should also retain the existing red -curb so that no vehicles traffic will limit the buses ability to stop for passenger boardings or alightings at this location. It should also be know that future SANDAG regional plans include the introduction of the South Bay Bus Rapid 1'r►nsit (South Bay BRT), alignment. This alignment will operate between the Otay Mesa Border Crossing and Downtown San Diego, Kearny Mesa, University Towne Centre and Sorrento Mesa, via the 1-805 median. It is anticipated that one of the stations for this service will be located in the median of 1-805 at Plaza Blvd, creating an integral link between National City and regional origins and destination. SANDAG is currently in the process of scoping out the project and is likely to identify a needed park and ride facilities at the location of this proposed Grove PI' development. M'I'S sees this as an excellent opportunity for joint use development and the possibility of future ex, .ded parking facilities in conjunction with this project. Although no public funding has been identified at this time to increase the parking capacity of this development or at this location, and MTS has had no formal discussions with the property owner at this location, MTS would like you to keep the possibility of this in mind when developing the project site. Providing pedestrian access from the parking lot of the Retail Building A to Plaza Blvd between the building and the 1-805 on -ramp will greatly improve the accessibility for pedestrians to the planned future transit Station on Plaza Blvd at 1-805. Once again, thank you very much for the opportunity to comment on this project. Please feel free to contact me with any questions, Michael Daney Senior Planner (South Bay Region) 1255 Imperial Avenue San Diego, CA 92101 619.515.0932 =ax: 619.744.5941 www.sdcommute.com 19 of 69 1/29/2007 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Title: Amendment to an existing Specific Plan (SP-2-90) on a 1.65-acre site to accommodate a 10,300 square foot retail development on two vacant parcels within the Specific Plan area (2007-1 IS) Applicant: Schuss Clark, an Architectural Corporation. Richard Clark 9474 Kearny Villa Rd., Suite 215 San Diego, CA 92126 Address of Project: Six parcels totaling approximately 1.6 acres and bounded by 12th Street and Plaza Boulevard to the north and south, by 1-805 to the west, and bisected by Grove Street, within the City of National City (APNs 557-380-10, 11, 12, 50, 51 & 70). ****************************************************************************** Project Description Schuss Clark, an Architectural Corporation, has submitted an application for an Amendment to an existing Specific Plan (SP-2-90) on a 1.65-acre site to accommodate a 10,300 square foot retail development on two vacant parcels within the Specific Plan area (2007-1 IS). The two properties are bisected by Grove Street, which runs north to south. In 1990, the City approved a Specific Plan for the site located on the north side of Plaza Boulevard, just east of I-805. The purpose of the Plan was to encourage compatible mixed use development in this arca, establish design guidelines, and reduce the number of potential vehicle driveways on Plaza Boulevard. Since its approval, there has been no development within the Specific Plan area. In an attempt to develop a commercial project on the two westerly parcels in the Specific Plan area. an amendment to the Specific Plan is warranted due to the potential changes in land uses. The applicant proposes to build a 10,296 square -foot commercial center (Plaza -Grove Center), consisting of a 5,698 square foot building on the approximately 0.48-acre western parcel (Plaza - Grove Center West) and a 4,598 square foot building on the approximately 0.40 of an acre eastern parcel (Plaza -Grove Center East). Both buildings will house a mixture of general retail and food service facilities. They are proposed on the south portion of the properties, facing Plaza Boulevard, with the parking to the north and entrances from Grove Street. The proposed layout will allow the parking, trash enclosures, etc. to be screened from Plaza Boulevard and properties to the south. Parking provided for the entire project totals 51 spaces, with each parcel containing the respective required parking per Code requirements for a new shopping center. The buildings are single story and will be divided into suites, the sizes of each depending upon the occupants. 20 of 69 61 Recycled Parx:r Environmental Findings: The Negative Declaration (2007-1 IS) has been considered together with any comments received during the public review process, and based on the whole record (including the Initial Study Checklist and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached (2007-1 IS). 21 of 69 1. PROJECT TITLEIPROJECT #: Amendment to an existing Specific Plan (SP-2-90) on a 1.65- acre site to accommodate a 10,300 square foot retail development on two vacant parcels within the Specific Plan area (2007-1 IS) 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Angela Reeder, AICP, Associate Planner (619) 336-4310 Six parcels totaling approximately 1.6 acres and bounded by 12t Street and Plaza Boulevard to the north and south, by I-805 to the west, and bisected by Grove Street, within the City of National City Schuss Clark, an Architectural Corp. 9474 Kearny Villa Rd., Suite 215 San Diego, CA 92126 Contact: Richard Clark Phone: (858) 578-2950 5. COMBINED GENERAL PLAN/ CG-PD (General Commercial, Planned Development Overlay) ZONING DESIGNATION: 6. ASSOCIATED APPLICATIONS: Specific Plan Amendment (2007-1 SP) 7. PROJECT DESCRIPTION: The applicant proposes to amend an existing Specific Plan and build a 10,296 square -foot commercial center (Plaza -Grove Center) on two parcels within the plan area. In 1990, the City approved the Specific Plan (SP-2-90) for an approximately 1.65 acre site on the north side of Plaza Boulevard, just east of 1-805. The purpose of the Plan was to encourage compatible mixed use development in this area, establish design guidelines, and reduce the number of potential vehicle 22 of 69 Initial Study - Page 2 of 17 driveways on Plaza Boulevard. Since its approval, there has been no development within the Specific Plan area. The proposed amendment to the Specific Plan would result in the potential changes in land uses, as it removes the requirement for a mixed -use project to allow commercial only proposals. The amendment also includes revisions to the architecture and design styles encouraged on the site, to allow flexibility over the previous plan, while still maintaining consistency throughout the plan area. The applicant's current proposal includes a commercial project on the two westerly parcels within the Specific Plan, including a 5,698 square foot building on the approximately 0.48-acre western parcel (Plaza -Grove Center West) and a 4,598 square foot building on the approximately 0.40 of an acre eastern parcel (Plaza -Grove Center East). The two properties are bisected by Grove Street, which runs north to south, and from which they will gain access. Both buildings will house a mixture of general retail and food service facilities. The buildings are proposed on the southern portion of the lots facing Plaza Boulevard, with the parking to the north or rear. This layout allows the parking, trash enclosures, etc. to be screened from Plaza Boulevard and properties to the south. Also, due to the topography of the site, including an approximately 12 to 14-foot slope at the northerly third of the lots, retaining walls are required to provide level building pads and parking areas resulting in the parking being screened to some extent from those properties to the north as well. Parking provided for the entire project totals 51 spaces, with each parcel containing the respective parking required by the National City Land Use Code for a new shopping center. The buildings proposed are single story and will be divided into suites, the ultimate size of each depending upon the occupants. Current plans call for five tenants in Plaza -Grove Center West and three in Plaza -Grove Center East; however, the spaces could be combined to allow tenants to occupy a larger space. Some food service facilities are anticipated but would be limited to a maximum of four. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Land Use & Planning ❑ Transportation/Circulation ❑Public Services ❑ Population & Housing ❑ Biological Resources ❑ Utilities & Service Systems ❑Geological Problems ❑ Energy & Mineral Resources ❑ Aesthetics O Water 0 Hazards 0 Cultural Resources O Air Quality ❑Noise 0 Recreation 0 Mandatory Findings of Significance 23 of 69 Initial Study - Page 3 of 17 DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. X Signature C .=t4R2 Date Printed Name: Angela Reeder, AICP Title: Associate Planner EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 24 of 69 Initial Study - Page 4 of 17 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency roust describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section I5063(c)(3)(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. ISSUES with Supporting Documentation & Sources I. AESTHETICS Would the project Potentially Less Than Less Than No Significaet Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Have a substantial adverse effect on a scenic vista? (Sources: 1, 2, 3, 4) Li ❑ ❑ X b) Substantially damage scenic resources, including, but not limited to, [1 ❑ ❑ X trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 2, 3, 4) c) Substantially degrade the existing visual character or quality of the site ❑ ❑ _ X and its surroundings? (Sources: 1, 2, 3, 4) d) Create a new source of substantial light or glare which would adversely ❑ ❑ ❑ X affect day or nighttime Views in the area? (Sources: 1, 2, 3, 4) There are no designated scenic vistas nearby or across the proposed project site. As such, no vistas would be adversely impacted by the proposed project and there is no impact. Also, while there are a handful of private parcels adjacent to site whose views would be altered by the proposed project, the City does not have a policy to protect private viewsheds. The proposed project site is currently vacant and does not contain any scenic resources. It is located within an urbanized 25 of 69 Initial Study - Page 5 of 17 area and surrounded by single-family residential uses, commercial development and a major freeway. 1'he architecture of the proposed commercial center is intended to complement a design concept plan for the Plaza Boulevard commercial corridor (Filipino Village), using several of the same elements (i.e. signs, wall and trim materials, landscaping). Therefore, development of the site would have no adverse impacts to the visual character of the site. City ordinances require commercial projects to be well lit for pedestrian and vehicular safety reasons; however, lighting generated by the site would also be required to follow City ordinances requiring shielding of light fixtures to eliminate spillage onto neighboring properties and public rights -of -way. Therefore, there would not be a significant impact from the proposed project II. AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural usc? (Sources: 1, 4) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: 1, 4) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? (Sources: 1, 4) Potentially Leas Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation n a National City is a primarily built -out community and there is no farmland mapped or planned to be mapped within the City, or more specifically on the project site. Also, the proposed project site is currently zoned for commercial use. No Williamson Act contract is associated with the land and there would be no impact to farmland. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: 4, 9) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 4, 9) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ a n 0 x n 0 x ❑ ❑ x 26 of 69 Initial Study - Page 6 of 17 precursors)? (Sources: 4, 9) d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 4, 9) d) Create objectionable odors affecting a substantial number of people? (Sources: 4, 9) ❑ ❑ ❑ x C ❑ ❑ x The County of San Diego is in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. As the proposed shopping center project does not include any design components that would be contrary to the Regional Air Quality Strategy for San Diego County (RAQS), the proposed project would have no impact. The proposed project includes the construction of a new commercial shopping center on less than one acre of land. The Regional Air Quality Strategy for San Diego County (RAQS) notes that the County is not in attainment for ozone and identifies several control measures to reduce emissions. The control measures deal primarily with industrial uses and design changes to specific products that will reduce emission, and not with retail design. The proposed shopping center would not contribute substantially to ozone levels and would not violate any air quality standard or contribute substantially to an existing or projected air quality violation and would therefore have no impact. The proposed project site is adjacent to a freeway, is surrounded by residential development on two sides and high intensity commercial development across an arterial street, with no known sensitive receptors in the area Also, the proposed shopping center is not a development that would traditionally expose receptors to substantial pollutant concentrations. As such, there is no impact. As a new shopping center on Tess than one acre, the project would not create objectionable odors affecting a substantial number of people; therefore, there is no impact. IV. BIOLOGICAL RESOURCES Would the project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? (Sources: 1, 4) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 1, 4) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: I, 4, 5) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Sources: 1, 4) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1, 2, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Li ❑ ❑ x ❑ ❑ ❑ x ❑ LI ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x 27 of 69 Initial Study - Page 7 of 17 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1, 4) Based on a physical inspection of the property, the proposed project site contains minimal amounts of Urban/Developed and Non -Native Grassland habitats. Also, no jurisdictional wetlands, other sensitive habitat, or sensitive species were detected on the property, and data provided by the U.S. Fish & Wildlife Service indicate the proposed project site contains no jurisdictional wetlands or jurisdictional waters of U.S. or state -defined streambeds. The project site is located completely within an urbanized area, surrounded by development and contains no sensitive habitats or biological resources that are protected by local policies or ordinances. There are also no adopted habitat conservation plans known that include the proposed project site; therefore, there is no impact. V. CULTURAL RESOURCES Would the project a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: 1, 4) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 1, 4) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 1, 4) d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation x No historical or archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site and there are no recorded archaeological sites nearby. Additionally, the developed nature of the area, including roads, a freeway and the surrounding commercial and residential properties suggest there is no impact to historical or archaeological resources. There are no known unique geologic or paleontological features on the proposed project site or within the surrounding area; therefore, there is no impact to these unique resources. No cultural resource constraints are known to exist on the previously disturbed project site. As such, there is a relatively low probability of disturbing any human remains and no significant impact. In the event of the accidental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. VI. GEOLOGY & SOILS Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact lecorporatioa a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 4, 6) 28 of 69 Initial Study - Page 8 of 17 ii) Strong seismic ground shaking? (Sources: 4, 6) Seismic -related ground failure, including liquefaction? (Sources: 4, 6, 11) iv) Landslides? (Sources: 4, 6, 1 I) b) Result in substantial soil erosion or the loss of topsoil? (Sources: 4) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 4, 6, 11) d) Be located on expansive soil, as defined in Table 18-t-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 4) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 2, 4) ❑ ❑ x fl ❑ ❑ U ❑ ❑ LI x ❑ ❑ ❑ x ❑ ❑ ❑ ❑ C x California Geological Survey information indicates the site is not located within an Alquist-Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. The nearest active fault to the site is the Rose Canyon Fault, located approximately three miles to the west Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. Due to the number and nature of the active and non -active fault lines within the southern California region, it can not be known when earthquakes will occur; therefore, there is a less than significant impact California Geological Survey information indicates the site is not within an area susceptible to landslides and not within a fault zone, slide prone area or an area susceptible to liquefaction; therefore there is no impact or increased exposure to landslides due to the proposed project The project site is currently vacant and has little or no vegetation upon it. Proposed plans include substantial hardscape and all additional open areas are proposed to be landscaped; therefore, there is no impact or increased substantial erosion due to the proposed project. According to California Geological Survey information, the relative landslide susceptibility classification of the site falls outside the boundaries of known landslides. Additionally, while the existing slopes on site are minimal, the project site will undergo significant grading in order to provide level building pads and parking areas. The project will be designed to achieve adequate stability through appropriate grading standards and soil testing. The Specific Plan stipulates that a separate discretionary permit be pursued for any future buildings constructed within the Specific Plan area, along with mandatory construction permits. At that time, a geotechnical investigation will be prepared to determine if there are conditions that would preclude the future development of the property. The proposed project site would have traditional sewer laterals, which will connect with the existing sewer system that serves the City. There would be no use of septic tanks or alternative waste water disposal systems; therefore, no impact. 29 of 69 Initial Study - Page 9 of 17 VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials'? (Sources: 4) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 4) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter Hole of an existing or proposed school? (Sources: 1, 4, 7) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Scction 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 4, 6, 12) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 4) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 4) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1, 2, 4) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1, 4) Potentials Less Than Less Than No Significant Significant w/ Significant Impact impact Mitigation Impact Incorporation n n ❑ x u c n x n ❑ ❑ x ❑ n ❑ x ❑ n ❑ x Li ❑ n x ❑ ❑ [I x ❑ n ❑ x There are no hazardous materials associated with the proposed commercial retail project; therefore, no impacts would occur. The proposed project is not located on a site which is included on a list of hazardous material sites. Also, according to California Department of Toxic Substances Control (DTSC) information, there are no "Cortese List" locations in National City and the nearest school is more than a quarter -mile away from the subject site. The proposed project site is not located within an airport land use plan or within two miles of a public use airport, nor is it in the vicinity of a private airstrip; therefore no impact or safety hazard would occur. The proposed project site is located within an urbanized area on currently undeveloped property. Plans include the use of existing streets and would not therefore interfere with any emergency or evacuation plans. The sites location within an existing urbanized area with no wildlands at or adjacent to the site also results in no impact or exposure to wildland fires would occur. VIII. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation impact Incorporation 30 of 69 Initial Study - Page 10 of 17 a) Violate any water quality standards or waste discharge requirements? (Sources: 1, 2, 4) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1, 2, 4, 10) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? (Sources: 1, 2, 4, 11) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Sources: 1, 2, 4, 11) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 2, 4, 13) f) Otherwise substantially degrade water quality? (Sources: 1, 2, 4) g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1, 2, 4, 11) h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1, 2, 4, 11) i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam'? (Sources: 1, 2, 4, 11) j) Inundation by seiche, tsunami, or mudflow? (Sources: I, 2, 4, 11) ❑ ❑ ❑ x n u ❑ x n ❑ n x n u x n ❑ ❑ Cl ❑ x ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ Li x n u n x The proposed project is subject to state and local stormwater requirements including appropriate design features that adequately address water quality discharge requirements; therefore, there would be no significant impact. Also, the site is located in an urbanized developed area and includes appropriate construction and permanent best management practices that would not significantly impact water quality. The proposed project site has no streams or rivers at or near the site. The requirements of the permit would control drainage on -site and not create an adverse effect to the natural drainage pattem of the site. The project will also be subject to state and local stonnwater requirements, including appropriate drainage facilities to ensure adequate drainage on -site or into a city stormwater facility. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding, nor will it create substantial erosion or siltation; therefore, there would be no significant impact. The area is not within a failure area of a levee or dam; therefore, there would be no exposure of people or strictures to any significant risks. The site is located also outside the boundaries of both the 100-year and 500-year flood zones and is several miles inland from the San Diego Bay and other water features that would create the natural disasters mentioned above; therefore, there is no impact. 31 of 69 Initial Study - Page 11 of 17 IX. LAND USE & PLANNING Would the project a) Physically divide an established community? (Sources: 1, 2, 4) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ n x The Specific Plan area includes properties within an existing commercial corridor along Plaza Boulevard that are currently zoned for general commercial use. Properties along each side of Plaza are intended for commercial use, both to the east and west. Immediately adjacent to the project site to the west is the interstate 805 corridor. North of the project site, across 12t° Street, the zoning and land uses change to residential use. However, as the proposed commercial development and Specific Plan are consistent with the City General Plan zoning and with the adjacent development along the corridor, the proposal would not physically divide an established community. In contrast, any other type of development on the site would be inconsistent with the development plan of the neighborhood. In addition, the General Plan encourages appropriate standards and procedures for architectural design and review within specific areas of the City, including large, vacant parcels, to potentially be included in a specific plan; and specifically uses the proposed project site (north side of Plaza Boulevard between I-805 and East 12th Street) as an example of such an area. There are no applicable plans in place to avoid or mitigate environmental effects that would be in conflict with the proposed project. X. MINERAL RESOURCES Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: I, 2, 4) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1, 2, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ There are no known regional or locally -important mineral resources on the proposed project site; therefore, there is no impact. XI. NOISE Would the project result in: Potentially Less Than Las Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2, 4) b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (Sources: I, 2, 4) 32 of 69 Initial Study - Page 12 of 17 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 4) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 4) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 4) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 4) ❑ ❑ ❑ x Li ❑ x ❑ ❑ U x ❑ ❑ u x The proposed development will comply with requirements of the State Building Code and City ordinances with regard to noise for commercial projects, as well as City requirements for shielding of rooftop equipment and loading docks. This requirement will be incorporated into project's structural plans. Additionally, the proposed commercial shopping center will be approximately 12 feet lower in elevation than nearby residences to the north. The noise generated from the construction phase of the proposed project will also be conducted in accordance with the City's noise ordinance and is of a limited duration; therefore, there is no impact As a commercial shopping center development located in an urbanized area, the project by its nature, may have increased activity during major shopping times (holidays, etc). This would potentially include peak traffic scenarios at non -peak times. Additionally, nuisance noise impacts such as delivery and trash removal activities may also be observed at non -peak times. As these circumstances may only be likely on a handful of occasions per calendar year, or are governed by Municipal Code operating requirements, this would be a less than significant impact. Some temporary increase in ambient noise levels can be expected during the construction phacP, but it will be temporary and conducted in accordance with the City's noise ordinance and thus not a significant impact. The project by its nature as a commercial shopping center would not typically generate groundborne vibration or noise levels in excess of local standards. Also, the noise generated from the construction phase of the project will be conducted in accordance with the City's noise ordinance and is of a limited duration; therefore, there is no impact. The project area is immediatcly adjacent to a freeway (Interstate 805), within an area of the National City General Plan Noise Contour Map subject to 65 decibels of ambient freeway noise. Although noise impacts created by delivery and trash removal activities may create temporary increases in ambient noise levels, the overall project is not anticipated to result in permanent exterior noise levels in excess of existing noise levels; therefore there is no impact. The proposed project site is not located within an airport land use plan or within two miles of a public use airport Nor is it within the vicinity of a private airstrip; therefore, there is no impact. XII. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 2, 4) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 4) c) Displace substantial numbers of people, necessitating the construction of Potentially Less Than Leu Than No Significant Significant wi Significant Impact Impact M1tigalon impact incorporation ❑ ❑ ❑ x U ❑ ❑ x 33 of 69 Initial Study - Page 13 of 17 replacement housing elsewhere? (Sources: I, 2, 4) The proposed project includes the construction of new infrastructure off -site. In addition, there is no have the a remote potential to bring in additional project would be negligible and result in no adverse XIII. PUBLIC SERVICES an approximately 10,300 square -foot retail shopping center, with no existing housing on the project site. While unlikely, the project does workers to the area .Yet, any population growth expected from the impact or populationgrowth as a result of this project a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1, 2, 4, 13) Police protection? (Sources: 1, 2, 4, 13) Schools? (Sources: 1, 2, 4) Parks? (Sources: 1, 2, 4) Other public facilities? (Sources: 1, 2, 4) Potentially Significant Impact U ❑ ❑ Less Than Significant w/ Mitigation Incorporation u ❑ Less Than No Significant Impact Impact The proposed project would not result in adverse impacts to fire or police protection services. The project area is currently, and will continue to be, served by the National City Fire and Police Departments. Typical response time for this neighborhood would not be adversely impacted, as plans do not reduce current access points to the property. Also, the development will generate impact fees for Fire/EMS and Police services that will supplement any additional requirements brought about by the development; therefore, there is no impact The proposed project would not result in adverse impacts to City schools. The local school system has seen declining enrollment for the past several years and thus there is space available in all the system's schools. However, the project does have the a remote potential to bring in additional workers to the area and, thus, the potential for additional school -age children. Yet, any population growth expected would be negligible and as school -specific impact fees will be collected as part of the construction permit process to offset any impacts, a less than significant impact is expected. The proposed project would not result in adverse impacts to City parks or other pubic facilities, as the project includes the construction of a shopping center, with no residential component. As such, there is no impact. XIV. RECREATION Potentially Significant Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 2, 4) Less Than Significant w/ Mitigation Incorporation. Li Less Than No Significant Impact Impact ❑ x 34 of 69 Initial Study - Page 14 of 17 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 2, 4) ❑ [1 ❑ x The proposed project is the construction of a shopping center with no recreational component that would create no new demand on local recreational facilities; therefore, there is no impact. XV. TRANSPORTATION/TRA FFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (ie., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Sources: 1, 2, 4, 8) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 4, 8) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1, 2, 4, 8) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1, 2, 4, 8) e) Result in inadequate emergency access? (Sources: 1, 2, 4, 8) f) Result in inadequate parking capacity? (Sources: 1, 2, 4, 8) g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 1, 2, 4, 8, 12) Potentially Less Mum Less 'Than No Significant Significant w/ Significant impact Impact Mitigation impact Incorporation ❑ ❑ ❑ x ri E ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ x 1.1 ❑ ❑ x According to a Traffic Impact Analysis dated May 30, 2006, by Linscott, Law and Greenspan Engineers, the proposed project would not have a significant impact on traffic. The traffic study states that 9,000 square feet of specialty retail and 1,400 square feet of convenience mart/fast food commercial will result in approximately 1,340 average daily trips. Four different scenarios were considered (existing, existing plus project, 2010 without project and 2010 with project). In each case, study segments were found to continue without any capacity -related impacts, and study intersections were calculated to operate at LOS D or better, except for Plaza Boulevard/12t' Street, which operated at LOS E/F; however, this intersection will ultimately become right -in -right -out as part of the Plaza Boulevard Widening project. The City is also implementing coordinated signal timing along. Plaza Boulevard, further improving traffic flow; therefore, the existing roadway will adequately serve the project. Also, according to a Traffic Impact Analysis dated May 30, 2006, the proposed project would not have a significant impact on traffic. The traffic study states that 9,000 square feet of specialty retail and 1,400 square feet of convenience mart/fast food commercial will result in approximately 1,340 average daily trips. Four different scenarios were considered, including a scenario including 2010 traffic volumes along with the project. In each case, study segments were found to continue without any capacity -related impacts; therefore, the project would not impact existing roadways that would reduce acceptable levels of service. The proposed project does not contain any components that would result in a change in air traffic patterns; therefore, there 35 of 69 Initial Study - Page 15of17 is no impact. The main entrances to the proposed project site are from a public right-of-way, Grove Street. The entrances are to be designed in accordance with City standards acceptable to the City Engineering and Fire Departments for the allowance of larger emergency vehicles; therefore, there is no impact. The proposal is a commercial project, which typically requires larger amounts of parking. The project proposes to provide a total of 51 parking spaces, 28 for the western parcel and 23 for the eastern parcel, meeting the 51 required per the National City Land Use Code. As such, the development would not result in inadequate parking capacity and there is no significant impact to adjacent properties. The proposed project is a commercial shopping center which has been designed so that all vehicular access is from the rear of the proposed buildings. As such, pedestrians will be able to access the shopping center without interference from vehicles accessing the property. The proposed project would not conflict with any adopted policies, plans or programs supporting alternative transpiration as the design has taken into account the future widening of Plaza Boulevard in this area; therefore, there is no impact. Also, the project includes the addition and/or improvement of sidewalks adjacent to the project site, as well as the improvement of a transit stop on Plaza Boulevard (new shelter and bench). XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1, 2, 4) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 2, 4, 10, 13) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 2, 4, 13) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 2, 4, 13) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1, 2, 4, 13) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal nerds? (Sources: 1, 2, 4) g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ x ❑ C ❑ x ❑ ❑ ❑ x ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x The proposed project would be designed and constructed to best management practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board: therefore, there is no impact. The proposed project is located within an urbanized area with existing water facilities, and on a site which has adequate resources for a domestic service. However, according to a preliminary review by Sweetwater Authority, the local water 36 of 69 Initial Study - Page 16 of 17 utility, water service upgrades will be necessary in association with new commercial development. It is also likely that new wastewater facilities will be necessary. Although there are not adequate water supplies available for a commercial project of this size from the existing resources, the project will include cooperation with the service provider to ensure sufficient systems are made available on -site. Also, all necessary improvements have been included into the project and construction will be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations; therefore, there would not be a significant adverse impact. Also, on -site drainage facilities that are adequate to handle the effects of the proposed construction as required by City ordinances will be employed. The proposed project site would be served by EDCO, the local waste collection and recycle company. EDCO has a contract with the City to handle City solid waste disposal needs. According to EDCO staff, the company utilizes several landfill sites for the disposal of waste collected in National City, with the most common being Otay Mesa, Sycamore, and Miramar Landfills. Each of these sites has ample capacity available; therefore, there is a less than significant impact In addition, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incaeirn:,ital effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Less Than Lea Than No Significant Sigaifcant w/ Significant Impact Impact Midgation Impact Incorporation No significant impacts to the environment as a result of this project have been identified. Approval of the project is not expected to have any significant impacts, either long-term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. 37 of 69 Initial Study - Page 19 of 19 REFERENCE SOURCES: Reference # Document Title 1 2 3 4 5 6 7 8 9 10 11 12 13 National City General Plan City of National City Municipal Code City of National City Design Guidelines Plaza -Grove Center Project Plans U.S. Fish & Wildlife Service Wetlands Online Mapper (http:/ / wetlandsfws.er.usgs.gov) California Geologic Survey (http://www.consrv.ca.gov) Department of Toxic Substances Control (http:/ / www.dtsc.ca.gov) Plaza -Grove Center Traffic Impact Analysis, May 2007 2004'1'riennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 California Water Plan Update 2005 (httpJ/www.watcrplan.water.ca.gov) SanGIS Interactive Mapping (www.sangis.org) Co. of San Diego Department of Environmental Health website (www.sdcounty.ca.gov/deh/) Comments from National City Fire, Police, Public Works, & Engineering Departments and Sweetwater Authority Available for Review at: National City Planning Dept. 1243 National City Boulevard National City, CA 91950 online National City Planning Dept online online National City Planning Dept. 38 of 69 PLAZA -GROVE CENTER SPECIFIC PLAN PLAZA BOULEVARD & GROVE STREET NATIONAL CITY, CALIFORNIA (An amendment to SP-2-90) TABLE OF CONTENTS Purpose 1 Location Map 1 Site Description 2 Current Project Description 2 Future Development Guidelines 3 Future Project Approvals 3 Architectural Concept/Style 3 Design Regulations 4 Signage Guidelines 4 Lighting 4 Parking 4 Landscape Guidelines 5 Exhibit A: Color rendering, Plaza -Grove Center 6 Exhibit B: Color and materials board 7 Exhibit C: Light Specifications 8 — 11 Exhibit D: Banner Designs 12 Exhibit E: Monument signs 13 Exhibit F: Trash enclosures 14 Exhibit G: Landscape Palette 15 July 2007 Prepared by: Schuss Clark, an Architectural Corporation 39 of 69 PLAZA -GROVE CENTER SPECIFIC PLAN PLAZA BOULEVARD & GROVE STREET, NATIONAL CITY, CALIFORNIA (An amendment to SP-2-90) I PURPOSE In 1990, the City approved a Specific Plan overlay for an approximately 1.65 acre site on the north side of Plaza Boulevard, just east of 1-805. The purpose of the Plan was to encourage compatible mixed use development in this area, establish design guidelines, and reduce the number of potential vehicle driveways on Plaza Boulevard. Since its approval, there has been no development within the Specific Plan area. In an attempt to develop a commercial project on the two westerly parcels in the Specific Plan area, an amendment to the Specific Plan is warranted due to the potential changes in land uses. This amendment will establish a new direction in the design guidelines and land use pattern for the Specific Plan. The project area will be pedestrian friendly, compatible with the surrounding residential and commercial properties, and an attractive gateway to east National City from Freeway 805. LOCATION MAP 40 of 69 II SITE DESCRIPTION The existing Specific Plan includes six parcels zoned General Commercial with a Planned Development overlay (APN 557-380-10, 11, 12, 69, 70, 50, and 51). The Specific Plan area is located at the northeast comer of 1-805 and Plaza Boulevard. It is divided by Grove Street, which runs north to south. Presently, the Specific Plan Area includes vacant land together with single family homes which predate construction of the Interstate 805 freeway. The surrounding zoning is RT (Two Family) to the north, GC (General Commercial) to the south and east, and Interstate 805 to the west. Single family houses are clustered along Twelfth Street to the north. The surrounding homes are typically one-story with a pitched roof, or two-story with garages on ground level. A shopping center (The Grove Center), which includes a number of fast food restaurants, faces the Specific Plan Area on the opposite (south) side of Plaza Boulevard. Plaza Boulevard is classified as an Arterial in the Circulation Element of the General Plan. In addition, Plaza Boulevard is designed as a Major Entry Point targeted for special landscaping and signage. 111 CURRENT PROJECT DESCRIPTION Project Name: PLAZA -GROVE CENTER A commercial project, Plaza -Grove Center, is proposed for the two westerly parcels of the Specific Plan area (Case File 2007-01 SP,PD,IS). Plaza -Grove Center West includes a 5,698 square foot building on approximately 0.48 acre property on the west side of Grove Street (APN: 557-380-50). Additionally, Plaza -Grove Center East encompasses a 4,598 square foot building on approximately 0.40 of an acre on the east side of Grove Street (APN: 557-380-51). Both buildings will house a mixture of general retail and food service facilities. They are proposed on the south portion of the properties, facing Plaza Boulevard, with the parting on the north and entrances from Grove Street. This layout will allow the parking, trash enclosures, etc. to be screened from Plaza Boulevard and properties to the south. Parking provided for the entire project totals 51 spaces, with each parcel containing the respective required parking per Code requirements for a new shopping center. A Traffic Impact Analysis dated May 30, 2007 concludes that this project will create no significant impact to the area. The architectural design is Filipino Modem, incorporating interesting forms, materials, textures and colors consistent with that cultural motif. This includes use of varying textures of stucco, wood siding, glass, stone veneer, and tile accents. The buildings are single story and will be divided into suites, the sizes of each depending upon the occupants. Current plans call for five tenants in Plaza -Grove Center West and three in Plaza -Grove Center East. The spaces could be combined so either building could potentially occupy a single tenant. Some food service facilities are anticipated but would be limited to a maximum of four. The Plaza Boulevard and Grove Street exposures will be sufficiently landscaped to fully complement the architecture. (see Exhibits). IV FUTURE DEVELOPMENT The remainder of the adjacent properties to the immediate east of this proposed project, between 12th Street and Plaza Blvd. are included in this Specific Plan. Future development of these 41 of 69 properties shall incorporate the design themes of the Plaza -Grove Center project. The key design principles are as follows: 1. A continuation of the commercial / retail use, such as general convenience services, retail, food service, and office uses, consistent with the General Plan for the CG Zone. 2. The site plans should maintain similar orientation to Plaza Boulevard as the proposed Plaza -Grove Center West and East projects; i.e. buildings should be located along Plaza Boulevard with parking on the north, or rear, side. 3. Every effort should be made to minimize curb cuts along Plaza Boulevard, including accessing the site from Twelfth Street. 4. Buildings and the surrounding accessory uses shall be pedestrian -friendly. 5. Projects shall maintain the architectural concept of the Specific Plan. 6. Pedestrian access shall be provided along Plaza Boulevard to the businesses. A. FUTURE PROJECT APPOVALS Any new development proposed within the Specific Plan area that is not currently identified in the Plaza -Grove Center Plan Exhibits must be consistent with the Specific Plan and will require a Planned Development permit processed pursuant to City Land Use Code requirements. B. ARCHITECTURAL CONCEPT / STYLE This site is a Gateway into National City and the adjacent neighborhood. By reinforcing the street edge and avoiding surface parking lots along Plaza Boulevard, new buildings will have a strong presence on the street. The storefronts should beviewed as public spaces filled with shopping and/or office activities. Buildings shall be compatible in design to the Plaza -Grove Center projects, including; a. Filipino Modem or compatible design style consistent with the concepts of the draft Filipino Village Concept Plan dated April, 2004 b. Although the design may vary from the initial project, forms colors and textures should be from compatible palates (see Exhibits A and B) c. Use of stucco and woods are recommended building materials. d. Stone and other dimensional textures are encouraged for building accents (see Exhibit B) e. Colors should be earth tones such as Benjamin Moore 'Tawny Rose' and "Pittsfield Buff; but also incorporate brighter accent colors (see Exhibit B). f. Long, unbroken walls should be avoided. Changes of planes and materials create interest in roof and wall design. g. The use of the commercial retail space generally encourages transparent fenestration to allow visual penetration into the spaces. Use of reflective glass, therefore, is discouraged. h. Awnings will be allowed but must be approved by the City Planning Department. i. Trash enclosures shall be covered with a solid roof utilizing roof materials to match buildings on -site. (see Exhibit F) 42 of 69 C. DESIGN REGULATIONS The National City Land Use Code provides for setbacks of 10' front yard, 4' exterior side yard and zero elsewhere, with a maximum floor area ratio of 6. There is no explicit limit upon building height; however, any proposed project is subject to Planned Development review and should be consistent with surrounding development. D. SIGNAGE All signage shall conform to the City of National City Sign Ordinance. Signs should be incorporated into the designs of the buildings so as not to distract from their appearance nor become overbearing in the area. In new shopping centers, the Sign Ordinance permits one permanent sign per business premise per frontage along a street or parking lot, plus a monument sign for each center identifying individual businesses on the parcel. Two and three dimensional signs and symbols of merchandise and services are encouraged, as well as graphic symbols. Both signs and symbols must be for the specific building, business or service occupying the space. Prepackaged signs advertising beer, soft drinks, paint, etc., as well as window advertising signs are not permitted along Plaza Boulevard. Corporate `logos" should be scaled and placed appropriately. Plastic can signs illuminated from within are discouraged. Internally lit channel letter or spot lighting on signs will be allowed but should be discreetly and creatively designed. Painted signs may be acceptable if they exhibit quality artistic expression, but must meet the maximum allowable sign area. Details of acceptable signage, such as proposed signage from Plaza -Grove Center project, are attached in Exhibit E. Also, the use of flags similar to Exhibit D within new development in order to continue a Filipino Village theme is encouraged. E. LIGHTING Lighting fixtures, such as sconces, accent lighting, and parking lot lights shall be placed at heights where they become detail elements and shall be shielded from the adjacent properties to the north. In addition to parking lot lighting, using flood lighting on signs, architectural details and landscaping is also encouraged. Standards, including photos for parking lot lights and lights along buildings, are provided as approved examples. F. PARKING Incorporating access from Grove and 12th Street and consolidating vehicle driveways along Plaza Boulevard, where appropriate, will reduce ingress -egress traffic congestion on Plaza Boulevard and is encouraged. Parking for future uses shall be consistent with National City Code 43 of 69 requirements, providing conveniently located parking with attention to pedestrian safety and accessibility. To further encourage non -motorized accessibility to the Specific Plan area, developments are encouraged to incorporate bicycle parking within their plans. G. LANDSCAPING GUIDELINES In an urban situation, trees and plants become objects of focus in a hardscape environment. The landscape within the Specific Plan area should strive to follow the form and general design identified in the Plaza -Grove Center project. Design standards are set forth in the 'Suggested Landscape Palette", Exhibit G. The palette provided shall serve as a guide to create a unified landscape design and a strong focus for all project entries along the street frontage. Future projects in the plan area must incorporate the use of 24' box specimen trees at main entryways, as used in the Plaza -Grove Center projects; however, additional compatible plant types and sizes may be authorized by the National City Planning Department upon review. Accent materials, such as planter pots and colored or textured paving, are strongly encouraged to enhance the exterior of the buildings and clearly identify pedestrian walkways throughout the site. Additionally, drought -resistant plants should be used extensively, where possible. Planters and flowerbeds are encouraged to provide a color focal point. It is critical that qualified professionals are used for the landscape design, including plant selection, irrigation, and maintenance plans. 44 of 69 MAY 3, 2007 PERSPECTIVE GROVE P1-AZA SIGN PROGRAM EXHIBIT q PAGE 5 P-1 FIELD COLOR BENJAMIN MOORE #HC-24 'PITTSFIELD BUFF" W-1 P•2 FIELD COLOR BENJAMIN MOORE #2173-20 "TAWNY ROSE" STOREFRONT ALUMINUM ANODIZED BRONZE EXHIBIT B T-1 P•1 TILE ACCENT TILE COLOR TO MATCH BENJAMIN MOORE #2059-40 "YOSEMITE BLUE" FIELD COLOR CULTURED STONE RIVER ROCK #CSV2057 "LAKE TAHOE" BOARDWALK DEVELOPMENT 16909 WEST BERNARDO DRIVE SAN DIEGO. CA 92127 TEL.: (858) 485-9300 FAX: (858) 487.1099 COLOR & MATERIAL BOARD Job No. 07-887.1 I GROVE PLAZA PLAZA BOULEVARD. NATIONAL CITY, CA Scheme D SCHUSS • CLARK Ah ARCMITECTURA. CORPORATION 9474 44444Y '%b FaCC. 5J144 215 S 1 Pogo. CaI11Cm1O 92125-4597 1IL(5557754653 FA(145•1414<545 Date 12/ 18/06 PAGE 6 TEKA ILLUMINATION 8 5 k" r 1 5`" EXHIBIT C K e Description War mount luminaire for G4 or GY6.35 lamps Materials and Construction A. Heavy war solid copper disk B. Machined solid brass cap C. Machined said brass base D. Machined sold brass fittings E. Etched, tempered boro-silicate glass diffuser F. Machined solid brass spacers G. Al fasteners are 18-8 stainless steel H. Heavy war r6" O.D. brass stems I. Completely sealed with high temperature Silicone "O" rings J. 120V supply 11.6V output electronic transformer K. Powder coated cast aluminum war plate with copper cover Mounting Recessed 4'x 'IV deep octagonal wiring box F E C H D H D Product Number Lamp PAGE 8 T-75 Wall Mount Satum Finish Option WMS-2310 / Natural 12V 35W GY6.35 Brown Patina WMS-2360 / Nicker 12V 35W GY6.35 None * Nickel Plata Options available at additional cost... 1. Add suffix BP for brown patina 2. Longer stem lengths available. 4" additional length maximum - specfy 3.Order* XE35C-10 for 10,000hc 35W "Xelogen' lamp- lower wattages available 4. Add suffix #277 for 277V electronic transformer Note Available Tess transformer for remote 112V supply - add suffix LT U.L. and CULYsted, suitable for wet locations TEKA ILLUMINATION, INC 86 Gibson Road, #3 Templeton, California 93465 (805) 434-3511 Fax (805) 434-3512 www.teka-illuminatian.co m 48 of 69 Q Coppght TEKA2004 EXHIBIT C PAGE 10 G RAN S_ .L_LI__C) N Gardco Lighting is pleased to offer three highly tooled, diecast transitional mounting components. These transitions are available for both the pedestrian scale G13 and the larger, high performance G18. The Single Transition is designed to unity the luminaire to the pole. This adds a touch of class, especially when used with lower mounting heights. By utilizing the Twin Transition, you can see how the Guflwing earned her name. When mounted back to back, the graceful lines add a sleek, finished look to the traditonal pole mounted luminaire. The high performance optics of the Gullwing make it a natural for use on streets and roadways. The new Gullwing Mast Arm Transition makes retrofit to existing mast arms simple and practical, while providing cutoff performance with architectural style. SINGLE TR1 The Single Gullwing Transition (TR1) mounts to a 2- tenon. Specify a pole with a 3.00" O.D. (with G13) o (with G18) fora smooth transition. Efrouskis A B (3I8 23.16' 16.00" 58.83 cm40.64 cm 018 33.50' 20.80' 85.09 ar61.77 cm TWIN TR2 The Twin Gullwing Transition (TR2)p mounts to a 2 3/8" X 4^ top tenc Specify a pole with a 3.00" O.D. G13) or a 4.50" O.D. (with G18) f smooth transition. A B 46.38' 16.00" 2-3/8" Dia. X 4' 117.81 cn40.64 crn GIB 67.16" 20.80" 170.59 cr61.77 cm MAST ARM MF The Gullwing Mast Arm Transition (MF) sli over a standard 2-3/8" davit arm. C A B q6 22.54" 8.00" 5725 cm20.32 cm 018 31.50" 9.50" 80.01 cm24.13 cm A a B� 2-3/8" Davit Arm Oadm U/i0 m on. b dya m amp mud& omet/ Om MM. d r. r aaM.MMI maMma r yrr d N mym O a iai0 ay3 waw.maa Kamm. TM OJ.rO d"dT Myee Y OM by US ea yawl rLr OE4ES.3I 1a1b5a O Cwgdya Grdm Wig 2006. 411 Rya n..r*. YdrMunl Cloypyt S"".N. (<NAe Crow Grdoe UyMiq (800) 227-0758 1611 a00S Barker Woad. (512) 753/000 San Marcos. TX 78666 FAX: (512) 753-7055 enwaseafghting.carn TIE 791O616b106 50 of 69 MAY 3, 2007 BANNER DESIGN GROVE PLAZA SIGN PROGRAM EXHIBIT D PAGE 11 MAY 3, 2007 MONUMENT SIGN GROVE PLAZA SIGN PROGRAM EXHIBIT E PAGE 12 COVERED TRH I n ROOF 4X6 BRACING CANE BOLT HOOK - 3/6' CANE SOLT 1 SLEEVE IN GONG. FRONT ELEVATION SCALE: 1/4..1'-O' SIDE ELEVATION SCALE 1/4'=1'-0' TRASH ENCLOSURE BAR LATCH MELDED TO &ATE BOLLARD PER PETAL THE. SHEET 20 GA &ALV. MTL. ROOF DECK, FM-2 TYPE AS MM. BY BOWMAN CONT MOUNT ON %x2 x3/16' TUBE STL. FRAME TO MATCH BULDNG PANT COLOR EXT. STUCCO FN. TO MATCH EXI5T6. FN. ON BULLING PAGE 13 GROVE PLAZA PLAZA BOULEVARD NATIONAL CITY, CA EXHIBIT F 0474 w...,, V.. Rood. WAX* !6 s., Clop. ure„w 02Efi-ABC, FAX /96210578-8346 53 of 69 PLANT PALETTE BAUHINIA X. BLAKEANA HONG KING ORCHID TREE KOELREUTERIA PANICULATA GOLDENRAIN TREE CASSIA LEPTOPHYLLA GOLDEN MEDALILION TREE HETEROMELES CAL IFORNICA TOYON 15 GAL PATIO TREE DIETES BICOLOR FORTNIGHT LILY PHORMIUM TENAX NEW ZEALAND FLAX STRELIZIA REGINAE BIRD OF PARADISE ASPARAGUS DENSIFLOR.1S MYER'S ASPARAGUS 'MYERII' CLIVIA MINIATA KAFFIR LILY OPHIOPOGON MONDO GRASS JAPONInLS HIBISCUS ROSA-SINENSIS CHINESE HIBISCUS COPROSMA KIRKII COPROSMA ASPARAGUS DENSIFLORUS MYER'S ASPARAGUS 'MYERII' u S LANTANA MONTEvIDENSIS GOLD MOUND LANTANA GOLD MOUND' LAVANDULA SPP. LAvENDAR 7' I J PELARGONIUM PELTATUM IVY GERANIUM ROSMARY OFFICINAL IS PROSTRATE ROSEMARY 'PROSTRATUS' SALVIA CLEVELANDII CLEVELAND SAGE SALVIA GREGII AUTUMN SAGE MANDEvILLA HEAVENLY BAMBOO PITTOSPORU`1 TOBIRA MOCK ORANGE RAPHIOLEPIS INDICA INDIAN HAWTHORN BOUGAINVILLEA SP. BOUGAINVILLEA 'SAN DIEGO RED' PERENNIAL COLOR PERENNIAL COLOR 15 GAL 15 GAL 15 GAL SINGLE TRUNK PAGE 14 GROVE PLAZA PLAZA BOULEVARD NATIONAL CITY, CA EXHIBIT G awrensIE • FIlw+e 9474 K44r"q VY Ao.d, 94.R.4 26 94n ONpu C.wonl. oases-am:a PM/900099-2960 FAX 030006713-034E 54 of 69 GROVE PLAZA PLAZA BLVD., NATIONAL CITY sHEE SCHEC„LE Shaw. Name Sm. No.1 A3 A6 A7 MO COVER SHEE- i3UILD NG AREA PLAN EnsTANS p4or0 SITE PLAN 3D VIEW • VIEW2 -srE ELEVA-ICNS SITE SECTOYS PERSRECrrIVE • RERSRECTIVE 2 M "F-OOR PLAN M2 EXTERIOR F.I.EVA-ONS Al 3 FLCOR R_AN M4 EXTERIOR ELEVATIONS OISNPT‘11... usmascn4E. PLAN a Lfl i a. :s > CC CD .0.V.SKIAT Al A•ea Schad. e Name I Area SURE 4303 SURE MOO SUITE 4500 8ULD9.0 8 SJI'E 8630 SJI'E 8730 BUILDING AREA PLAN 797 5' 857 S' 1383 S' 1523 S' Y4 8' 5698 S' 18.8 S' 1461 SF 13333 S' 4598 S' 1023E S' Ir 5,1 C i 3 P m o. O Icc a 4t 61` NM scwiloIr r A2 1 r s GROVE PLAZA ROARDWAI x crvrturwxr SCHUSS • CLARK iwnnCHIECns+Kcvm IN n f1 fr t• NA At M µAW flN (1TV. :A 57 rvrnu •a. SITE DATA ZOh.N3: BL LCN3 A I.,ncwW W n. IMRrp CC. If !}MI W I491 MEk W fY BU'LDN3 B 101 ISM I..acr[ .w. IMCVI w'.RIM:M ✓Cw: AIA VGA AR.: S5 355.50,00 557.TB;.Sf 450 PARKING SPACE COPJPUTAT.ON ▪ LD.NG A n llcroMln: 2.911 .I. MM. •& *O Iw ULx]Ir a vc[I IM1bCM1TGlO: + v\I{ BUiLDIN3 8 e u:.Ia WA .Sv II 1120.11222 1,24. MY yr \I fi 21ti29 YNP01-Ova. Y 122,22 -OTA. BJILDNG AREA: t0.256 S.F. OTAL °ARKNO BBOVIDEC: 5', SPACES SITE LEGEND YOr WM'O r,1 1,0I MU Ev: .,:'r:rYwly IAA-0122C2S4 co ITI CC 02.2122. 49112.91 A4 1 pt GROVE PLAZA PIA)A « Y.,. 14T01.4 r1,.cr 59 tSUNU)W Al Y. DO M f14TffM 1!e Mf MwYWNM U t —6.5C io w:i74. Ewa SCHUSS • CLARK AN ARMIECRitAL GOFpCRA N aa tt t' 3 S i r ,z ,-- nu 1 ;:.:�(III'n 1(li:!; ., (!1i�h Il • /;J 1 If IIA!'Ii.!'Is''!!u .t11l• GROVE PLAZA AN.,nw. N.rrrwi ran. a 60 ROARI)WAI3: I W.VFi APMFFT •Y� N��W W4YT1 3 f SCHUSS • CLARK _ J N A R:H i/EMMA. (UW4M DI 1 " iV 9 GROVE PLAZA PLAZA PI VD 14T NAL cm.(A 61 BOARDWALK DEVEI ()PMFM rasvii of 69r:w,u SCHUSS • CLARK .w ArCHIECTLEIAL 0711PEPABLN R 11 1 E�IyI� �q.1tiJIIIeIk�=1G 1.1 II. .r I rtI L. 1011. =n=1. — � —' u�i ,CROSS SECTION THRU BUILDING B MINI Till 1—■� ;;;.Ij 111 �,�-, i�O�i�r e_ 11 �11=1F IP Iob�i Wan" = " C[el IIWa th r=n. ErIW- - I I tEu ill i l: ;LONGITUDINAL SECTION THRU BUILDING A „CROSS SECTION THRU BUILDING A 0.0 0 Q KKK K A8 Al 3d I! 1 1 GROVE PLAZA PLAZA xw. MAnaw 63 BOAR)WALJ( UFVW)PM1NT mew of,���;� /ilq f.�Y SCHUSS - CLARK AN NTH IW JVLOOROATCN 11 11 1` 1 PERSPECTIVE 2 dime ••••• 0 cc 11 11110•11,1 0•1•61(C • PA 3...••• Imo g. 1.7-1 -A-1 0 r ris FLOOR LEVEL J \ .f TO'ALGROSSAREA- 5558 S.F. I� u now Maw All wyFN - - --RE t-----f —- r-,SOUTH ELEVATION NORTH ELEVATION WEST ELEVATION EAST ELEVATION Aiemn a CC !t9 E w 0 11 Al2 TOTAL. GROSS AREA= 4 598 S.F. FLOOR LEVEL ; • I I r. as LLJ >0 0 CC 11.111 PIA% 61••••••• o•••Ive tom1 A13 - - -• — SOUTH ELEVATION 'IMuuI,I M1a1 . IIg1pin11Otl1Um, „NORTH ELEVATION WEST ELEVATION 1-5 EAST ELEVATION " "'"?' V a-S -- -` K e } a0 �i cc me.n v v-w s...*... 1 ..n A14 o_.aN'?Lc?'E .4.. II es, N41R 1IR M 11. USK ./ .'orvnu• >"o' 11, .4. CQ(R RM/ARhG .40•16 a06/sissDloM ocO wan M.d>KM M.A.. W' mMV[IY`R{1R0'CJ 'NMIMl L RM aYWf!' eat. OOP M'M.TW. . 4 KL l/ MA: SS. d MMU mar.. +AC NNC.,1 , I'YOIO LR am,' K N•1. W. 4 POWS .7y•re. 1Kral, Y' [CM WIL 040 YNRMIO Y00W iGO.W. Yil.i.'^ 01NY00. CLM., R F 1fi4O 10. N M1Y' 0'a 0 War124.11. MM•0 0 4. P[Rf •IMO.•d0i•0�. •C' .IaCN Y410pp. 1 C in.* woe. RYCK N d11.40r Mal'1 •.Il OW. MOW 0'LM 1. ORa.-.c w.a 4RRC1R R/N.OM 4a04e0 [ dRAL'11 RR 4 sass. 00.0. RIM R.... at N 4.1e...10.0. M 4CI4004 . '0 SOC 04C40d M1 MC•A 4 /spas 0 N0IO RR 0L.p0RU IOCMM f 1w4q 41 0 001 V PROP. 01M1111e1I0104N0,... TR. CI.O. 00• ass. M00... JRMN• a m, l'9YWO0MV Ny CiL10d'0.4R w M 4•. M R.AaO M• YC 4 O•w•L RN'1.1o. 1 N444100 [1a M101 00 VKf J1910.RY•.p R/,WOO Y4.1• YNO •O MINIMS NO10. • u MRNY'OI1S ••♦IC 14 Y i.•RR &MLi.ORO I.00900 SAILS 'O paw sets alwalchn AOR. q APS.. R 0404 •0 r.R .CRI MP WV WORM MR IL.Yd1V *or Yr. C004J0•00N4*50 LP... War Wdla4'0 COaR1.Na R ._ RY.d R4Y Or r.s Y 000(1 R 400 WY. 100..10SM. Y0N >O 04*N ..Y"YNM1Mtsp. a1 LG YPI M..YN.04 0 w, or.R•'1'N 40 OY•1d0 v MUM 4R'001V.O 0106K • Lwr.R naew .V ]11.d0.O- 4 IN. 0 a1.0 POM,. AM1' Par PS. Ray. F.YKMCdl40i 0 .'YRYR. 0401 RAC !NUT M WINO KM Pi R. •wTR10R OA. .Y3 AO I.r+R. R L NLLW UYa last •M. Ma 1W •dm, •'/M.N'R?"• V.0 iu1 R.r. 4' MYINA V' 01•YR.4YYM•W 0C1•,i ..R1.1N. ....r a'N1.1r•.1a0 y MAR �.. aro'e11. 0P +111••0 uA80.0D d,01 _00100R4 N010R101V 4.RY0CL011 0•1•4704 • non sum. TY wa 0 M1I001pV. C0•140011:1 4 4.P\RR w R...`1010M/ 404 0' RM �:AGL1�1,4L LapY_�E P_.:� /A. Prl >scVIVI .ANDSUPI.041 RNl H HUV. ICI traps sr I. .wY\ City of National City, California CITY COUNCIL AGENDA STATEMENT SECOND READING IEETING DATE September 4, 2007 AGENDA ITEM NO. 19 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE MUNICIPAL CODE BY AMENDING CHAPTER 1.08 PERTAINING TO OFFICIAL CITY NAMES, SEALS, LOGOS, INSIGNIAS, AND BADGES PREPARED BY Jodi L. Doucette SC DEPARTMENT City Attorney (Ext. 4412) EXPLANATION Due to recent unauthorized uses of the City of National City's name by private entitites, it is recommended that the City and CDC officially adopt their various respective names, seals, logos, and badges through designation of such items in the National City Municipal Code. Further, it is reommended that the City have the authority to impose sanctions for unauthorized uses of such names, seals, logos, insignias, and badges. The proposed ordinance would make unlawful the unauthorized use of such names, seals, logos, insignias, and badges. The maximum penalty for such unauthorized use would be a misdemeanor violation with a punishment of up to one year in jail and/or a $1,000 fine. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9/99) ORDINANCE NO. 2007 — 2296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 1.08 PERTAINING TO OFFICIAL CITY NAMES, SEALS, LOGOS, INSIGNIAS, AND BADGES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 1 of the National City Municipal Code is hereby amended by amending Chapter 1.08 to read as follows: Sections: 1.08.010 1.08.020 1.08.030 1.08.040 1.08.050 1.08.060 1.08.070 1.08.080 1.08.090 1.08.100 Chapter 1.08 OFFICIAL CITY SEALS, LOGOS, INSIGNIAS, BADGES AND NAMES City Seal. City Logo. City Insignia. Official City Name Adopted. Official Community Development Commission Name Adopted. Community Development Commission Logo. Police Department Badge. Fire Department Badge. Fire Department Logo. Violations of Public Usage Without Permission. 1.08.010 City Seal. The following symbol with the inscription thereupon constitutes and is adopted as the official seal of the City. 1.08.020 City Insignia. The following symbol with the inscription thereupon constitutes and is adopted as the official insignia of the City. 1.08.030 City Logo. The following symbol with the inscription thereupon constitutes and is adopted as the official logo of the City. 1.08.040 Official City Name Adopted. The official name for the City shall be the "City of National City", and hereby constitutes and is adopted as the official name for the City. The name "National City", when combined with the name of any department, agency, or function of City govenment, shall also constitute a secondary official name for the City. 1.08.050 Official Community Development Commission Name Adopted. The official name for the Community Development Commission of the community shall be "Community Development Commission of the City of National City", and hereby constitutes and is adopted as the official name for the Commission. The name "Community Development Commission" shall also constitute a secondary official name for the Community Development Commission of the City of National City. 1.08.060 Community Development Commission Logo. The following symbol with the inscription thereupon constitutes and is adopted as the official logo of the Community Development Commission. Preserving History... Shaping the Future Community Development Commission of National City Ordinance 2007-2296 2 City Logos, Insignias, Names, Badges 1.08.070 Police Department Badge. The following symbol with the inscription thereupon constitutes and is adopted as the official badge of the Police Department of the City. 1.08.080 Fire Department Badge. The following symbol with the inscription thereupon constitutes and is adopted as the official badge of the Fire Department of the City. 1.08.090 Fire Department Logo. The following symbol with the inscription thereupon constitutes and is adopted as the official logo of the Fire Department of the City. %Agri, 1.08.100 Violations. A. The City official name, seal, insignia, logo; the Community Development Commission official name and logo; the Police Department badge; and the Fire Department badge and logo are for the exclusive use by the City, its officials and employees, in the course and scope of their official duties. No other persons may use, adopt, alter, or reproduce the City's official name, seal, insignia, logo; the Community Development Commission official name and logo; the Police Department badge; and the Fire Department badge and logo without the express written authorization of the City Manager of the City of National City, or in the case of the Community Development Commission, without the express written authorization of the Executive Director of the Community Development Commission of the City of National City. Ordinance 2007-2296 3 City Logos. Insignias, Names, Badges B. A violation of any provision of this ordinance or a failure to comply with any mandatory requirements of this ordinance is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through criminal, civil, administrative, injunctive or other relief available by law. Criminal penalties for violations of the provisions of this ordinance may result in up to a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a $1,000 fine. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ordinance 2007-2296 4 City Logos, Insignias, Names, Badges City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 3, 2007 AGENDA ITEM NO. 20 iEM TITLE Notice of Decision — Coastal Development Permit for Bay Marina Drive (West 24th Street) Widening Project from Interstate 5 to Marina Way (Harrison Street) Within the Harbor District Specific Area Plan and the Coastal Zone. Applicant: Community Development Commission. Case File No. CDP 2006-1, PREPARED BY DEPARTMENT Peggy Chapin, 336-4319 Planning EXPLANATION The Planning Commission considered this proposed road improvement project on August 20, 2007 and approved the request. The improvements are related to the development of the Sycuan Hotel project. '1'hc following report describes the proposal in more detail. Environmental Review A Supplemental Environmental Impact Report (SEIR) was certified in 1999 for the HDSAP and serves as CEQA review. An updated traffic analysis completed in 2007 did not reveal any additional traffic volumes or impacts that were not already contemplated and analyzed under the existing SEIR and no further analysis is required. Approved By: Financial Statement N/A Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission determination and recommends the Notice of Decision he Fi led. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted 7-0 to approve the Coastal Development Permit. Vote: Ayes — Alvarado, Baca, Carrillo, DelaPaz, Flores, Pruitt, Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report L. 2. Resolution 46-20074 3. Location Map 4. Existing Improvements 5. Proposed Improvements 6. Proposed Landscape Plan A-200 (9/99) BACKGROUND REPORT Case File No. Ci)P 2006-1 The request involves construction of improvements along Bay Marina Drive (West 24th Street) from Interstate 5 westerly to Marina Way (Harrison Street) within the Harbor District Specific Area Plan (HDSAP) and with the Commercial Tourist -Coastal Zone (CT -CZ). The Circulation Element of the General Plan classifies the portion of Bay Marina Drive west of Interstate 5 to Marina Way as an Arterial. '111e improvements, as proposed, would he consistent with the General Plan. On September 20, 2005, the Council approved the Marina Gateway Plaza (PI) 2005-2/CDP 2005- 2), a project that includes a 173-room hotel, 4,000 square foot restaurant, and a 16,000 square foot commercial building on a 7.5 acre site south of the proposed widening project. Improvements to the roadway would provide for the development of a hotel/retail center, as previously approved. The HDSAP contains requirements to install improvements to Bay Marina Drive to accorninodate future traffic of proposed development including construction of a 6-foot public walkway along the north side of Bay Marina Drive, connection to a Public Access Corridor on the hotel/commercial site, and crosswalks at Cleveland Avenue. in response, the Conununity Development Commission proposes the following improvements along Bay Marina Drive: a. increasing the right-of-way from 80-feet to 1 16-feet to accommodate four travel lanes, tum lanes, curb and gutter, h. Removing the existing raised median and installing a 120-foot median at the cast end of Bay Marina Drive, c. Installing of traffic signal at Cleveland Avenue, d. Installing 7-foot wide sidewalk along the north side and a 5-foot sidewalk along the south side from Interstate 5 on -ramps to Cleveland Avenue and 15-fbot sidewalks on both sides of Bay Marina Drive from Cleveland Avenue to Marina Was, e. Installing 8-1oot wide bicycle lanes along both sides of the roadway, and f. Installing streetlights, crosswalks at Cleveland Avenue, landscaping and irrigation. The project conforms to the Local Coastal Plan (LCP) as the proposed landscape improvements would enhance the entryway into the Itarbor District area and therefore increase visual quality and scenic values. The project provides pedestrian sidewalks and an 8' wide bicycle lane along the north side and south side of Bay Marina Drive, thereby further enhancing the goals of the LCP. Policy rccommnendations of the LCP include providing for public access in conjunction with development. The I,CP identifies specific public accessways to the Bay Route Bikeway and the Sweetwater River Flood Control Channel Trail system as well as public access to Pepper Park and the coast. A Supplemental Environmental Impact Report (SEIR) that was certified in 1999 for the HDSAP serves as California Environmental Quality Act (CEQA) review (see attached Discretionary Action description from SEIR). An updated traffic analysis completed on June 14, 2007 which assessed changes to the project site and possible impacts since the previous environmental analysis was prepared. The traffic study concluded that in 2030 the roadway with installation of the proposed improvements would operate at levels of service D (LOS D) or better. The additional traffic 1. ot 11 analysis did not reveal any additional traffic volumes or impacts that were not already contemplated and analyzed under the existing SEIR. The previously certified SEIR already accounted for this project, including these minor changes, and no further analysis is required. Implementation of the Local Coastal Plan requires that proposed development within specific areas identified in the LCP require a Coastal Development Permit (CDP). A CDP requires that the local agency determine that the proposed development conforms to the LCP. Any person may appeal the decision within 10 days to the Coastal Commission. If no appeal is filed, the development shall be deemed final within 7 days following the appeal period. 2 of 11 RESOLUTION NO. 46-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR BAY MARINA DRIVE (WEST 24T11 STREET) WIDENING PROJECT FROM INTERSTATE 5 TO MARINA WAY (HARRISON STREET) WITHIN THE HARBOR DISTRICT SPECIFIC AREA APPLICANT: COMMUNITY DEVELOPMENT COMMISION CASE FILE NO. CDP-2006-1 WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit application for improvements along a 680-root long section of Bay Marina Drive from Interstate 5 to Marina Way (Harrison Street)that includes widening of Bay Marina Drive, installation of sidewalks, landscaping and irrigation, bicycle lanes, ADA accessible ramps, traffic control signal and crosswalks at Cleveland Avenue, and street lights at a duly advertised public hearing held on August 20, 2007, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CLIP-2006-1, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 20, 2007, support the following findings: 1. That granting of the Coastal Development Permit is in conformity with and implements the Certified Local Coastal Program, Harbor District Specific Area Plan, and Coastal Act §§30210-30214, 30220-302224, and 30252, since the project is specifically identified in the Harbor District Specific Area Plan, and is designed to improve public pedestrian and vehicular access to the Harbor District existing and future development 2. That the conditions of appmval arc adequate to carry out the Certified. Local Coastal Program and Harbor District Specific Area Plan, since the improvements are a condition of approval for the development of the hotel/retail development to the south. 3. That the proposed street improvements conforms to the policies of Chapter 3 of the Coastal Act by providing adequate public pedestrian, bicycle and vehicular access for existing and future development. 3 of 11 4. That the proposed street improvements are consistent with the all the standards of Chapter 5 Visual Resources of the Harbor District Specific Area Plan and Chapter 18.102 of the National City Municipal Code, since landscaping will comply with view plane limits, buffer the commercial development, and will further enhance the entrance into the city. BE TT FURTHER RESOLVED that the application for Coastal Development Permit is approved subject to the following conditions: 1. This Coastal Development Permit authorizes the installation of public improvements and landscaping along Bay Marina Drive from Intestate 5 to Marina Way. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits X, Case File no. CDP-2006-1 dated June 7, 2007. 2. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the 2004 California Electrical Code, and California Title 24 energy and handicapped regulations. 3. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Fire hydrants, subject to review and approval of the Fire Department, shall be provided. 5. The property owner shall submit a letter to the Sweetwater Authority stating fire Clow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project The applicant shall provide a complete scope of work that needs to be completed by Sweetwater Authority. 6. Prior to the issuance of grading pcnnit, plans showing the following shall be developed in coordination with Sweetwater Authority: a. all domestic and landscape services to include installation of an approved reduced pressure principle backflow assembly, b. installation of an approved double check detector on all fire services; c. Internal backflow assemblies must be tested by tested by a certified backflow assembly tester who appears on Sweetwater Authorities list of testers. 7. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit The SUSMP shall be prepared by a Registered Civil Engineer. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 4 of 11 9. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 10. All dedications for street easements and rights -of -ways shall be obtained prior to construction. 11. A National Pollutant Discharge Elimination System (NPDES) permit is required for the discharge of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given- to the City of National City Engineering Department prior to any work beginning on the project. 12. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 13. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 14. The lighting plan shall indicate electrical connections for lighting within the tree wells. 15. Street improvements shall be in accordance with HDSAP and City Standards. 16. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. All easement shall be shown on the grading plan. 17. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 18. Grading requirements per the Certified Harbor District Specific Area Plan. a. Project grading specifications, to be submitted for approval along with grading plans, shall also delineate all construction access routes, including those located outside of existing City streets and/or the construction site. b. Construction vehicle and other equipment fueling, lubrication, and maintenance shall occur, to the maximum extent feasible, outside of the harbor District boundaries. c. When fueling, lubrication, and maintenance are necessary within the Harbor District boundaries, it shall occur on paved surfaces. d. Erosion and siltation of areas adjacent to, or downstream of, the project site due to grading or construction activities shall be avoided or minimized, including through rigorous adherence to an erosion control plan that is based on a 6-hour, 100-year recurrence rainfall event. e. The erosion control plan shall include, as appropriate, the utilization of silt fences, siltation basins, sand bags, hay bales, or other devices to direct runoff and stabilize graded or unvegetated areas during project construction and revegetation. 20. All project work is required to include the following measures to reduce fugitive dust impacts: 5 of 11 a. All unpaved construction areas shall be sprinkled with water or other acceptable APCD dust -control agents during dust generating activities. Additional watering or acceptable APCD dust -control agents shall be applied during dry weather or windy days until dust emissions arc not visible. b. Trucks hauling dirt and debris shall be covered to reduce windblown dust and spills. c. On dry days, dirt or debris spilled onto paved surfaces shall be swept up immediately to reduce suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction -related dirt in dry weather. d. On -site stockpiles of material shall be covered or watered. 21. A detailed landscape and underground irrigation plan, including plant species, sizes, and details of planting, ctc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 22. A qualified archaeologist and paleontologist shall be present during grading to observe the exposure of previously unexplored instrasite areas; to reveal previously undefined site strata; to identify previously unknown intrasite activity foci; to identify previously unknown features; and to provide appropriate treatment of human remains would these be exposed during the grading process. In the event that unanticipated cultural resources are discovered, it is the archaeological monitor's responsibility to divert or temporarily halt ground disturbance operation in the area of discovery to acquire detailed information concerning potentially significant cultural resources. This may include photographs, drawings, soil samples, collection of artifacts, or any combination of these. 23. If during the controlled grading program, human remains are exposed, the archaeologist has the authority to halt work in that and adjacent areas to implement the agreed on notification and management program. This program will notify the grading supervisor as well as the City of National City staff overseeing the project. In addition, the archaeologist will notify the Coroner and the appropriate Native American representatives. A plan for the treatment of the remains will be developed at the discretion of the individuals and agencies involved. 24. Any modification to the roadway State right-of-way must meet the American Disability Act (ADA) of 1990 and the Uniform Federal Accessibility Standards (UFAS) as stated in the Highway Design Manual, Topic 105.3 Accessibility Requirements. 25. Any work performed with the Caltrans right-of-way will require an encroachment permit For those portions of the project with Caltran's right-of-way, the permit application must bc stated in English units. Information regarding encroachment permits may be obtained by contacting Caltrans Permits Office at (619) 688-6158. Early coordination with Caltrans is advised for al encroachment permits. Additionally, if the applicant proposes any work or improvements within Caltrans right-of-way, the projects environmental studies must include such work. The applicant is responsible for quantifying the environmental impacts of the improvements (project level analysis) and completing all appropriate mitigation measures for the impacts. The applicant will also be responsible for procuring any necessary permits or approvals from the regulatory and resource agencies for the improvements. 26. This permit shall be valid for one year from the date of final City action upon the application, and may be extended for a period not to exceed 3 years according to procedures specified in Section XIX (R) of the Local Coastal Program Implementation Document 6 of 11 BE IT FINALLY RESOLVED that this Resolution shall become effective and final 20 days after Planning Commission action, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the twentieth day following the Planning Commission action. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 20, 2007, by the following vote: AYES: CARRILLO, ALVARADO, BACA, PRUITT, FLORES, REYNOLDS, DELAPAZ NAYS: ABSENT: ABSTAIN: LLl CHAIRWOMAN 7 of 11 200 0 200 Feet APPROXIMATE PROJECT AREA AN LOCATION MAP CDP-2006-1 Coastal Development Permit for Bay Marina Drive (West 24th St.) Widening from Interstate 5 to Marina Way/Harrison Street NATIONAL Ctf1i1Y PLANNING DRN. DATE: 8/8/07 INIT AL HEARING: 8/20/07 2w O= -2 CCw • MARINA 0 M ti 9 RICK ENGINEERING COMPANY 562C FRIARS ROAD SAN DIEGO, CA 92113 61. 9.291_0707 I'Axj619.291.4165 San Olegj Orange R verske Sacraments Phoenix Tucson rlckeng.neerl-g,_cm IC BAY MARINA DRIVE EXISTING CONDITION EXHIBIT A.\0_']16,sof lours \C I CY0I01C\Ct150 yxl Ct caglr or. py \`.a'v •Ib1 SR casrennerbspan, •V.2O36' Orx6pp6\D U.eta\'p_I�_ros_5O\IDIC\CO Cflp. M' 16.ru•E00i 'C.1. RICK ENGINEERING COMPANY 5620 FRIARS ROAD SAN DIEGO, CA 92110 619.291.0707 (FAXI619.291 4165 San Mega 0,ange R versice Saaarrelto Phoenix 7ntiOn •3•-3,1r31.1.,3 13.43, ZOO 3. ILkenvineving corn ,IN,3,011i 0 Nil 4.•ti..4.• t• 0,2CC6, •ce,pore..3rc;.• Inc. 7_ v0,30, ,03 •,,..3.333, 3 BAY MARINA DRIVE PROPOSED STRIPING EXHIBIT 0: rn RICK ENGINEERING COMPANY 3620=RI.ARS ROAD SAN DIEGO, CA 9:110 619.291.0707 (FAX161 ?.291.4165 San Diegu, O•ange Re.ersice Sac,amc.io P6ceii. -ucsan ris i e'rg•neering.ccm SCALE P = 80' • i BAY MARINA DRIVE PROPOSED LANDSCAPING EXHIBIT van'.4.4 .?0• 0e.cx;+:ra:rG <rIq.10?6\¢n.ewre�e-o: e:•a�rk .;-a•0+_5:\ Ulo+ coUmoetf. Ni :4�+4:�200% '0 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE September 4 7007 AGENDA ITEM NO. 21 / TEM TITLE Resolution of the Community Development Commission of the City of National City authorizing the Board to approve an additional funding allocation of a not to exceed total amount of $195,023 for the Foodland Facade Project and authorizing Change Order Number I 1 with Healy Construction Company for a not to exceed amount of $34,064.32 and Change Order Number 12 for a not to exceed amount of $9,090.83 and Change Order Number 13 for a not to exceed amount of $48,000 and authorizing the use of funds from the Facade/ Storefront Improvement Program (Account No. 900731). PREPARED BY Jacqueline Reynoso (ext. 4293) Community Development Coordinator DEPARTMENT Economic Development Division EXPLANATION On July 12, 2005, the CDC of National City approved the Commercial Facade Improvement Program. The intent of the program is to enhance the economic viability of businesses, promote commercial business opportunities, encourage reinvestment by property owners and commercial tenants, and improve the overall appearance of the City's commercial corridors. A resolution was adopted by the CDC Board on October 3, 2006 authorizing a budget of $347,326 for the Foodland facade project. To date, $219,188 has been paid to the contractor. CDC has approved change orders 1-9 totaling $24,416.86. It will cost an estimated $195,023 to complete the exterior improvements to Foodland market, including Change Orders Number 10, 11, 12, and 13. The owners of Foodland have invested more than 't-500,000 of their private money for interior improvements to the market and have committed to organize a Imes market onsite. The CDC believes that this mutual investment on enhancements to Foodland market will be visible to ustomers and neighboring businesses along Highland Avenue, increase business activity, and will serve as a / c st for future beautification projects in the City's redevelrolment arca. Environmental Review N/A Financial Statement The total cost estimate for completion of the facade improvements to the Foodland project is $195,023. Staff is requesting authority to use funds from the Foodland/ Storefront improvement Program Balance (Account number 900731) to meet the cost of additional work and change orders. l STAFF RECOMMENDATION CDC Board adopt the resolution. ATTACHMENTS 1. Staff Report 2. Resolution L3. Change Order Number 11 4. Change Order Number 12 5. Change Order Number 13 Resolution No. A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN ADDITIONAL FUNDING ALLOCATION OF A NOT TO EXCEED AMOUNT OF $195,023 FOR THE FOODLAND FACADE PROJECT, AND AUTHORIZING CHANGE ORDER NO. 11 WITH HEALY CONSTRUCTION COMPANY FOR A NOT TO EXCEED AMOUNT OF $34,064.32, AND CHANGE ORDER NO. 12 FOR A NOT TO EXCEED AMOUNT OF $9,090.83, AND CHANGE ORDER NO. 13 FOR A NOT TO EXCEED AMOUNT OF $48,000, AND AUTHORIZING THE USE OF FUNDS FROM THE FACADE/STOREFRONT IMPROVEMENT PROGRAM WHEREAS, on October 3, 2006, the Community Development Commission of the City of National City ("CDC") entered into a contract with Healy Construction Company for $290,326 (base bid) to complete Facade Improvements to Foodland Market located at 303 Highland Avenue; and WHEREAS, CDC Resolution No. 2006-216, which was adopted on October 3, 2006, authorized a budget of $347,326 for the Foodland facade project, which includes the bid amount of $290,326; $14,000 for field engineering, $14,000 for material testing, and a $29,000 contingency; and WHERAS, the project was begun on November 16, 2006; and WHEREAS, to date, construction is approximately two-thirds complete, including the concrete paving, parking lot, ADA improvements, painting, signage, awning improvements, and graphics; and WHEREAS, to date, $219,188 has been paid to the contractor, CDC has approved change orders 1-9 totaling $24,416.76; and WHEREAS, it is estimated that the remaining work and change orders to complete the project will costs an additional $195,023; and WHEREAS, Change Order No. 11 is for a not to exceed amount of $34,064.32 for tower work delays and for the tower installation; and WHEREAS, Change Order No. 12 is for a not to exceed amount of $9,090.83 for Western Steel modification requests; and WHEREAS, Change Order No. 13 is for a not to exceed amount of $48,000 for the screen installation; and WHERAS, the total amount requested is approximately $195,023 above the original contract amount, which includes the costs for Change Order Nos. 11, 12, and 13. Resolution No. 2007 - September 4, 2007 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves an additional funding allocation of a not to exceed amount of $195,023 for the Foodland Facade Project and authorizes Change Order Nos. 11, 12, and 13. BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City hereby authorizes the use of funds in the amount of $195,023 from the Facade/ Storefront Improvement Program Balance to fund additional expenses and change orders for the Foodland Facade Project. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 STAFF REPORT Re: Resolution of the Community Development Commission of the City of National City authorizing the Board to approve an additional funding allocation of a not to exceed total amount of $195,023 for the Foodland Facade Project and authorizing Change Order Number 11 with Healy Construction Company for a not to exceed amount of $34,064.32 and Change Order Number 12 for a not to exceed amount of $9,090.83 and Change Order Number 13 for a not to exceed amount of $48,000 and authorizing the use of funds from the Facade/ Storefront Improvement Program (Account No. 900731). On July 12, 2005, the CDC Board of National City approved the 2005/06 budget for the Commercial Facade Improvement Program. The intent of the program has been to enhance the economic viability of businesses, promote commercial business opportunities, encourage reinvestment by property owners and commercial tenants, and improve the overall appearance of the City's commercial corridors. The Community Development Commission of the City of National City (CDC) entered into a contract with Healy Construction Co. on October 3, 2006 for $290,326 (base bid) to complete Facade improvements to Foodland Market located at 303 Highland Avenue, National City, CA 91950. Three bids were received and the next lowest base hid was in the amount of $358,000. A resolution was adopted by the CDC Board on October 3, 2006 authorizing a budget of $347,326 for the Foodland facade project, which includes the bid amount of $290,326, $14,000 for field engineering, $14,000 for material testing, and a $29,000 contingency. Investment in Foodland complements the existing streetscape improvements and those underway along Highland Avenue. 'These improvements include street medians, landscaping, large planters, and street repaving. The City has also invested in streetscape improvements along National City Blvd. Thus, it should he evident that National City is committed toward achieving its revitalization efforts and making the community a more attractive place for residents, businesses, and visitors. Moreover, staff believes that the potential impact of enhancements to the Foodland market along Highland Avenue and in the community to be great as it creates a more inviting commercial environment. The project was begun on November 16, 2006. To date, the concrete paving, parking lot, ADA improvements, painting, signage, awning improvements, and graphics are complete. The steel tower, screen metal structures, and clock assembly have been fabricated; however, they have not yet been installed. Due to the old age of the building, there were some unknown building conditions. On June 20, 2007 the contractor was preparing the base supports for the steel tower and discovered the wedge anchor bolts were not developing the strength required by the project specifications. 'I'hc construction manager requested that exploratory work be conducted to identify the cause. A changed condition was discovered. On July 23, 2007, the city requested that a ground penetrating radar survey of the parapet wall be conducted to identify the location and amount of steel in the parapet wall and that the engineer of record redesign the connection details to safely transfer the loads and reflect the partially unreinforced masonry construction. The Decisive Testing test results were submitted on August 1, 2007. On July 26, 2007, the structural engineer of record submitted the revised details to install the tower structure. On August 4, 2007, the structural engineer of record submitted the screen wall support detail. Both revised details have been reviewed by the City's Building Department. The Building Department has approved the tower support details and has stated that the revised screen details look good. They arc waiting on the original copies of the screen details to provide the final stamped approval. The revised details were provided to Healey Construction and Healy Construction provided cost estimates on August 10, 2007. To date, $219,188 has been paid to the contractor. CDC has approved change orders 1-9 totaling $24,416.86. There is enough money in the contingency budget to cover Change Order Number 10 with Healy Construction Company for $2,527.44. It is estimated that the remaining work for Foodland will cost approximately $195,023, including Change Orders 11-13 with Ilealy Construction Company. Change Order Number 11 is for a not to exceed amount of $34,064.32 for tower work delays and for the tower installation. Change Order Number 12 is for a not to exceed amount of $9,090.83 for Western Steel modification requests. Change Order Number 13 is for a not to exceed amount of $48,000 for the screen installation. The cost for the work in Change Order Number 13 is still under negotiation with the contractor. Staff recommends that Council approve an additional funding allocation in the not to exceed amount of $195,023, including approval of Change Orders 11-13 with Healy Construction Company. The Foodland Facade project will serve as a catalyst of positive change for the future beautification and improvement of the neighboring businesses along Highland Avenue in National City. The owners of Foodland have invested more than half a million dollars or their private money for interior improvements to the market and have committed to organize a Farmer's market onsite. The City and the Foodland owners are working collaboratively toward meeting the City's economic development efforts and making the commercial district more attractive. Sixty percent (60%) of the store's employees are National City residents; the owners arc looking to hire more local residents as business activity increases and employment opportunities expand. Staff is requesting authorization to use funds from the Facade/ Storefront improvement Program fund (Account Number 900731) to cover the cost of additional work and change orders for the Foodland facade project. CHANGE ORDER C/O Number 11 To Healey Construction Co, California C/O Initiation Date: August 17, 2007 Project: Foodland Market Project Specification No.:06-04 A Change Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CIIANGE: On June 20, while bolting the supports for the steel tower on the existing masonry parapet wall it was discovered the existing masonry parapet wall is of unreinforced masonry construction and not solid grouted. This created a changed condition, which required a change in the bolting hold- down detail for the tower to the parapet wall. This change order provides for the contractor's cost and delay's from June 20, 2007 to June 28, 2007 associated with the installation of the tower and to restart and install the tower with a solid grouted anchor hold-down as further detailed below and attached. The structural engineer of record redesigned the bolt connections for the tower support system. The -inch diameter wedge anchor bolts for the tower connection on details 5-E3 and Sheet 1 of the shop drawings are now solid grouted anchor bolts that extend through the existing unreinforced parapet wall 12-inchs. Each of the five tower supports is substituted with the attached revised detail. The work includes removal of the masonry face (area approximately 12 inches by 24 inches) and grout to set new % inch diameter bolts. New bolts are set in minimum 2,000-psi grout. This change also modifies the tower leg extension bolt pattern as shown on the revised detail attached. Each tube steel leg brace extension as shown on sheet 6 of the shop drawings will now have a total of three additional 4-inch x 4-inch angles welded to the tube steel and anchored into the concrete section of the wall support providing a total of fifteen (15) 4-inch x 4-inch additional angles. The bolts in the masonry parapet section of the walls are to he Simpson set epoxy' -inch diameter thru bolts. The work includes grouting, patching, and finishing the 12-inch x 24-inch cut outs to accommodate the leg tower extensions. This change order provides for repairing, grouting, patching, and finishing the existing three cut-outs at the face of the parapet wall and the approximate 2 ft x 4 ft eut-out with dowel extensions. Also included is the "built up" roof repair for the 2 ft x 4 ft parapet wall cutout. Roof repair shall be provided with a five-year roof warranty. The exterior parapet wall shall he painted to match existing finish per project submittal and specifications. The cost of the revised tower hold-down installation and repairs shall not exceed S 22,985.54 (estimate not to exceed). This change order shall include all supervision, labor, equipment, incidentals, insurance, bonds, overhead, and associated costs to complete the work and accommodate the steel tower construction. This change order further covers all costs and delays associated with the tower installation work from June 20, 2007 to June 28, 2007. The total cost of work completed and agreed to is $11,078.78. This work includes all coring, masonry cutouts, equipment, supervision, labor special inspection, overhead costs, insurance, bonds, and incidentals. All Western steel subcontractor costs for transportation, delivery, overhead, installation, and delays is included in the change order. The amount of $ 3,283.65 is included for all Western Steel subcontractor costs and, delays. Change Order No. 11 REASON FOR CHANGE: On June 20, during preparation of the base supports for the steel tower, details sheet 1 and 5E3 of the shop drawings, the contractor discovered the wedge bolts were not developing the required strength. A section of the masonry parapet wall was exposed to determine the cause of the poor bolt strength. It was discovered that a portion of the existing parapet masonry wall that supports the tower is of partially unreinforced masonry construction and not of solid masonry construction. Subsequently the engineer of record redesigned the connection details to transfer the loads from the six inch unreinforced parapet wall into the 8 inch parapet wall section below into a bond beam. During the execution of that work it was also discovered the bond beam was not of solid masonry construction. As a result, the engineer of record indicated that the detail would need to be revised and therefore the tower work was placed in abeyance. A ground penetrating radar survey of the parapet was conducted to determine extend of steel reinforcing within the masonry parapet walls. Based on this additional data, the engineer of record has redesigned the tower connection and provides for the removal of the masonry face and extension of anchor bolts 12-inch into solid grout. This detail is substituted in place of the wedge anchor details on sheet 1 and 5E3 of the shop drawings. COST RECONCHJATION: The work will be compensated through the revised project budget and authorization on the September 4, 2007 council agenda. This change will provide for a 17 working day time extension and will extend the contract completion date to November 26, 2007. All costs associated with providing the work for the revised tower hold-down detail, delay costs, overhead, repairs to the parapet wall, and all incidentals to accommodate the installation of the tower are included in this change order in an amount of S 34,064.32 (estimate not to exceed). Construction Contract Accounting Summary: The original Contract Amount (Base Bid) Net change by previously authorized Change Orders The Contract Amount prior to this Change Order With this Change Order request the Contract cost is increased by New Contract Amount Change in Contract Time: Contract Completion Date: Recommended for Approval by: $ 290,326.00 $ 26,944.30 $ 317,270.30 17 Working Days November 26 2007 Cfl'Y PROJECT MANEGER DATE Approved by: Change Order No. 11 HEALEY CONSTRUCTION CO. DATE COMMUNITY DEVELOPMENT COMMISSION DATE CITY OF NATIONAL CITY DATE ENGINEERING DEPARTMENT CC: Construction File Inspector CHANGE ORDER To Ilealey Construction Co, California Project: Foodland Market Project Specification No:06-04 C/O Number 12 C/O Initiation Date: August 10, 2007 A Change Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CHANGE : This change order provides for minor modifications to the steel tower to coordinate the proposed sign lettering, clock, screen mesh, and truss support. The total of these items is $9,090.83. Each item is described below. 1) Three of the four edges supporting the screen mesh are held in place with stainless steel screws. 'Hie bottom edge is unsupported. It was recommended by the steel fabricator and the Architect to add a fourth edge so all edges are supported. The cost for the addition angle (1 inch by 1 inch by 318 inch) along the screen face is $ 2, 262.(14. 2) The clock support steel was not indicated on the plans correctly and the lettering sign steel support revised to provide an even plane throughout the tower face. Total cost is $ 1,449.86. 3) The existing steel truss configuration was not shown on the plans as found in the field and required modification. Truss support modification is $1,029.66. This change order also provides for an amount of $3,830.65 for re -detailing and drawing the steel fabrication shop drawings. REASON FOR CHANGE: Minor steel modifications and shop drawing re -detailing are required to provide for a complete system to support the clock and Foodland sign lettering. The existing roof truss system as shown on the drawings is different then actually found in the field. Steel fabrication adjustments were made in the shop and field to accommodate the actual truss configuration. COST RECONCILIATION: On June 26, 2007 Healey was requested to provide a detailed hourly breakdown of the hourly rates requested Ibr extra work. On August 10, 2007 a revised hourly rate was provided for the extra work.. The data provided is under review. In order to accommodate the Contractor's request for timely payment, the City reserves the right to make adjustments to this change order for inaccuracies, rates incorrectly submitted, or credits due . Change Order No. 12 Construction Contract Accounting Summary: The original Contract Amount (Base Bid) $ 290,326.00 Net change by previously authorized Change Orders $ The Contract Amount prior to this Change Order $ With this Change Order request the Contract cost is increased by $----9.090.83 New Contract Amount $ Change in Contract Time: Contract Completion Date: Recommended for Approval by: 0 Working Days November 26, 2007 CITY PROJECT MANEGFR DATE Approved by: HEALEY CONSTRUCTION CO. DATE COMMUNITY DEVELOPMENT COMMISSION DATE CITY OF NATIONAL CITY DATE ENGINEERING L)EPARTM ENT CC: Construction File Inspector City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 22 .dEETING DATE September 4, 2007 AGENDA ITEM NO. ( TEM TITLE Warrant Register for the period of 08/03/07 through 08/16/07 Rizza A. Dela Cuadra PREPARED BY Accountant DEPARTMENT CDC— Finance Jeanette Ladrido EXPLANATION (619) 336-4330 See attached report. Environmental Review ✓ NIA Approved by: Financial Statement nette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants for a total of $503,668.83 BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 08/03/07 THROUGH 08/16/07 A-200 (9/80) m(11144710 paw:. (7ITY OF NATIONAL CITY 'OR ',ORATE: EXPRESS INC DEVI01,-H ix suBsTANcE CITE HARRIS & ASSOCIATES HI -AI ,F,Y ( 'ONSTR I ,crioN co HUSK PARTNERS MAYER HOFFMAN MCCANN PC 01-1-1( SI.:13P1 IFS PLUS PR( 30-:( r DESIGN CONSI ILTANTS UNION lRIBIJNF RORE HE BANK OE NEW YORK A !FM 1-1-!N( E. COMPANY INC cORNERsToNE BUILDING CIRO( JP cORPOR ATE EXPRESS INC DEpT OF ENVIRONMENTAL !MALT!' .F.Y & LARDNER !if ( 'ARITA!. ( !F( Y MEC CONSULTANTS !ASER SAS'FR. INC MOTIVATIONAL SYSTEMS INC oF1-1( SURF! TES PLUS 0VERI AND PACIFIC & (:UTTER. INC ROWER PLUS REYNOSO SAN DINGO CIIPPLNG SF.R V ICI! SAN DINGO GAS & ELECTRIC. sCS ENGINEERS .s01 (IR COUN'IY ECONOMIC I! COMPENSATION INSURANCE UNION IRliii INF FOR MEETING OF SEPTEMBER 4, 2007 WARRANT REGISTER FOR PERIOD: 08/03 - 16/2007 Description Cbk No Amount ABATEMENT/CLEANING 1820 G/1640 PI A'/.A HI .V 17284 $ 602.54 OFEICE SUPPLIES MANIFEST FEE - 720 W 23RD STREET PROFESSIONAL SERVICES - 23RD ST & HARRISON A V F! - JUNE 07 PROFESSIONAL SERVICES - FOODLAND MARKET CONSULTING SERVICES - JULY 2007 AUDITING SERVICES - YEAR END 06/30/07 OFFICE SUPPLIES PROFESSIONAL SERVICE:, Nc. HI .v1) STREETSCAPE IMpROVENIENT REDEVELOPMENT PLAN AMENDMENT PROIESSIONAL SERVICES - A( 'I! M El'A I S FISCAL AGENT FEES FENCE INSTALLAllON ON MRW SITE PROFESSIONAL SERV • 141017IAND FACADE - 07/07 OFFICE. St THIES C & NI MEAT RACKING 3/30-6r30/07 PROFESSIONAL SER VI( :EN - PAIN PLAZA/MARINA GATEWAY-06AP RENTAL FOR REDEA'ELOPMENT COPIER PROFESSIONAL NEER' ICES - EDUCATION VIII AGE REN I -Al. FOR RE_DEVFICIPNIENT COPIER BRANI/INI 1/IDE:NTrI1. DEV OFFRE: SI :RPI,IES RROI-E.SSIONAL SERVICES PACD1(' VIEW ESTATES - 06/07 PROFESS ION AI ERS'ICES - AQUATIC CENTER RF.NIBURSI•M EN r PROI-ESSI()9 Ai .SERVIC'ES PROFESSION Ai . SERVICES -2300 CLEVELAND AVE RR( 0-ESSBNAI. SERVICES - CLEVELAND & Y AM A ( 'A 06/07 17111 ANNII Al FCO SUNIN1l'I SPONSORSHIP WORKERS' COMPENSATION INSURANCE - JULY 2007 DOWNTOWN HID/MILF OF ('ARS SUBT(LIAL ItEDEVELOP1%1ENT S 375,151.60 17285 17286 17287 17288 17289 17291 17294 17297 17303 17305 17306 307 17-310 17311 17313 17314 17315 17316 17318 17321 17322 17323 17325 17328 17329 17330 17331 U;333 17334 17336 136.67 :(15.011 7.752.50 75.907.38 5,423 05 1,500 00 123 98 105,225 36 2.556 84 )09,300 00 3.604.00 555.00 1,320.00 274.58 11.592.00 2.530.63 231.48 30.182.96 350.90 2,693.75 33, 73 213.75 195 00 io 75 56 55 125 50 3,448 22 7.500 00 4,085 58 1.686.40 PAYROLL PPE 08/08/07 $ 87,511 03 SI% tOTA I. - ADMINISTRATIVE REVOLVING FUND g 87,511.03 024Iii&Itig#4574004a/bt 7 ?''',!!''.!•!-••i4.1T;41:f!;, AT SYS1ENIS WEST, IN(' ARNIORED 'FRI :(K SERVICES - JUNE 07 17231 $ 704.14 CALIFORNIA BAKIN( (3) NCNP root) CENTRAL MEAT& Pit))VIS ION NCNP FOOD JOSEF!! WEBB lt MS NCNP MCGUIRE DIs'IR1111;Tiorc NCNI'1.0012 MISSION UNIFORM SERVICE NEN P LINEN SERVICE PADRE JANITORIAL S I I RPI IES, INC JANITORIAL SI:PRI IES PRO -EDGE KNIFE SIIARPENING SERVICE REED'S RESTAURAN 1 SQl IP SVC EQUIPNIEN't REPAIR SAN DIEGO GAS & 51.0 -I-R 11' UTILITIES • 6/15 7/17/07 MANUEL SANCI1EZ MILEAGE R10:31H1 IRSEMENT - JULY 2007 SMART & FINAL NCNI' FOOD SYSCO SAN DINGO NCNI310012 RAY WILLIAMS REFRIGERATION REPAIR AT&T/MCI fAX CHARGES 05/01 06/12107 CALIFORNIA BAKING ((1 NCNPEOOD CULI•1GAN WATER WATER SOFINER IOSEPI! WEI313 EOODS NCNP FOOD MCGUIRE DISTRIBUTION NCNP FOOD MISSION UNIFORM SER V 1( :I! NCNP LINEN SER v ICI! PADRE JANITORIAL SUPPLE:S. INC ENNIFORIAL SI TREWS PRO -EDGE, KNIFE slIARPENING '.I- R viCE REED'S RESTAURANT EQI 1)'. svC EQI IIENIEN1 REPAIR SIERRA SPRINGS WATER SVC • HEY 2007 SYSCO SAN DIEGO NCNP FOOD RAY Willi:5MS REFRIGERATION RITA IR SUBTOTAL - GENERAL FUND (NCNP) sgettoli,,t HOUSING ASSIS LANCE. PAYMENTS GMAC MORI GAGE STATE. COMPLNS AIRA INSURANCE MAN! IAL PAYMENTS 58 OFIR SPACE RENTAL - JULY 07 WORKERS: COMPENSATION INsDRANCE - JULY 2007 SUBTOTAL - SECTION 8 17282 11283 172!Xi 17292 17193 17195 17296 17298 17299 17300 11301 I (302 17304 17308 1731)9 i7112 17(17 i7319 17(20 i3 324 1 /326 ! 327 17.332 17 (35 17337 392 40 3034.69 4,780.93 1,141.55 92.28 1.878.70 43.00 264.04 2.125.89 37.35 77.56 1,767 45 5.231.63 58.87 199.45 139.40 4,026.83 358.00 46.14 930 13 4300 329 05 45.00 4,027.00 127.58 32,802.06 $ 3.687.53 10376 3.668.60 10377 848.01 S 8,204.14 TOTAL OF Al.!. FUNDS: 503,668.8.8 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE Septemher 4, 2007 23 AGENDA ITEM NO. ITEM TITLE A RESOLUTION APPROVING A TERM SHEET AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A THREE YEAR MARKET RATE (10-PERCENT) LOAN AGREEMENT FOR UP TO $2.6 MILLION WITH THE CONSTELLATION PROPERTY GROUP FOR THE CENTRO REDEVELOPMENT PROJECT ON NATIONAL CITY BOULEVARD. PREPARED BY R Patricia Beard, Redevelopment Mgr, 4255 Redevelopment Division DEPARTMENT EXPLANATION On August 30, 2005, the Community Development Commission ("CDC") entered into a Disposition and Development Agreement for a phased redevelopment project that, as later amended, includes "Centro" — a 91,199 square foot, four (4) story residential condominium project housing 61 residential units and 108 parking spaces, not to exceed 50-feet in height. The developer has requested a market rate loan from the CDC to complete property acquisition for the project. The Term Sheet is attached to the Resolution for consideration. Environmental Review Not applicable. Strateqic Plan Goals 5A: Implement Downtown Specific Plan through Establishing Market Supported Values. Financial Statement The loan, at 10-percent interest, will not exceed $2.6 million currently available in CDC LAIF funds (current yield — 5.25%) to be paid in full within three (3) years. Account No 900829 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. RESOLUTION NO. 2007 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A THREE YEAR MARKET RATE (10-PERCENT) LOAN AGREEMENT FOR UP TO $2.6 MILLION WITH THE CONSTELLATION PROPERTY GROUP FOR THE CENTRO REDEVELOPMENT PROJECT ON NATIONAL CITY BOULEVARD WHEREAS, the Community Development Commission of the City of National City ("CDC") is implementing the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, implementing the Downtown Specific Plan through establishing Market Supported Values is a Strategic Goal (5a) as adopted by the City Council of the City of National City; and WHEREAS, the Centro condominium project, as proposed by the Constellation Property Group was determined to be consistent with the Downtown Specific Plan on October 18, 2005 by Resolution 2005-92; and WHEREAS, the CDC desires to make a short term market rate loan to assist with property acquisition related to the project; and WHEREAS, the Term Sheet is attached to this Resolution as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves a Term Sheet, and authorizes the Executive Director to execute a three-year market rate (10-percent) Loan Agreement for up to $2.6 million with the Constellation Property Group for the Centro Redevelopment Project on 12th Street. PASSED and ADOPTED this 4th day of September, 2007. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III Legal Counsel PERM SHEET Proposed $2.6 Million Loan from CllC to Constellation Property Group (NatCity 12th) LP Loan Amount: Interest Rate: Not to exceed $2,600,000. Ten percent (10%) per annum non -compounded. Security: Second Deed of Trust on the Centro project (subordinate only to the approximate $5,700,000 First Deed of Trust to UCB on a new construction loan L)eed of "Trust on the Centro Project in the approximate amount of $21,000,000), plus personal guaranty from Eugene Marchese. Use of Loan Proceeds: Assemble properties to construct the Centro condominium project a 91,199 square foot, four story condominium project housing 61 residential units and 108 parking spaces, not to exceed 50 feet in height. Conditions to Loan Closing: Transfer of Centro project property from Constellation Property Group (NatCity 12th) to Constellation Property Group (A Avenue) LP on or before the closing of the loan. ALTA lenders title insurance policy in favor of CDC insuring second priority position of CDC Deed of Trust subject only to UCB loan on new construction loan on Centro Project. . Approval by CDC of construction lender and construction loan terms and provisions for Centro Project. Approval by CDC of general contractor and agreement between Constellation Property Group (A Avenue) LP and general contractor for construction of Centro Project. Constellation indemnifies the City and the CDC from any liability arising from the transaction, and that Constellation provide a policy of Commercial General Liability insurance in the amount of $2 Million, with the City, the CDC, and their officers and employees as additional insureds. Repayment Terms: Loan would be repaid from Centro project profit/cash flow subject only to payments to Centro construction lender and prior to any distribution to Constellation Property Group (A Avenue) LP. In any event, the loan would be all due and payable no later than three years from initial funding. Needed Documents: Preliminary Title Reports on Centro. Loan Agreement. Promissory Note. Second Deed of Trust. Guaranty. Insurance certificate. EXHIBIT "A" Attachment 1 TERM SHEET Proposed $2.6 Million Loan from CDC to Constellation Property Group (NatCity 12th) LP Loan Amount: Not to exceed $2,600,000. Interest Rate: Tcn percent (10%) per annum non -compounded. Security: Second Deed of Trust on the Centro project (subordinate only to the approximate $5,700,000 First Deed of Trust to UCB on a new construction loan Deed of Trust on the Centro Project in the approximate amount of $21,000,000), plus personal guaranty from Fugene Marchese. Use of Loan Proceeds: Assemble properties to construct the Centro condominium project — a 91,199 square foot, four story condominium project housing 61 residential units and 108 parking spaces, not to exceed 50 feet in height. Conditions to 1. Transfer of Centro project property from Constellation Property Group Loan Closing: (NatCity 12th) to Constellation Property Group (A Avenue) LP on or before the closing of the loan. 2. ALTA lenders title insurance policy in favor of CI)C insuring second priority position of CDC Deed of Trust subject only to UCB loan on new construction loan on Centro Project. 3. Approval by CDC of construction lender and construction loan terms and provisions for Centro Project. 4. Approval by CDC of general contractor and agreement between Constellation Property Group (A Avenue) LP and general contractor for construction of Centro Project. 5. Constellation indemnifies the City and the CDC from any liability arising from the transaction, and that Constellation provide a policy of Commercial General Liability insurance in the amount of $2 Million, with the City, the CDC, and their officers and employees as additional insureds. Repayment Terms: Loan would he repaid from Centro project profit/cash flow subject only to payments to Centro construction lender and prior to any distribution to Constellation Property Group (A Avenue) LP. In any event, the loan would be all due and payable no later than three years from initial funding. Needed Documents: 1. Preliminary Title Reports on Centro. 2. Loan Agreement. 3. Promissory Note. 4. Second Deed of Trust. 5. Guaranty. 6. Insurance certificate.