HomeMy WebLinkAbout2007 09-18 CC CDC AGENDA PKTAgenda Of Regular Meeting - National City City Council /
Community Development Commission of the Cite of National City
Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Regular Meeting - Tuesday - September 18, 2007 — 6:00 P.M.
•Open'I'oThe Public
Please complete a request to speak form prior to the commencement of the meeting and submit it to
the City Clerk.
It is the intention of your City Council and Community Development Commission (CDC) to be receptive
to your concerns in this community. Your participation in local government will assure a responsible and
efficient City of National City. We invite you to bring to the attention of the City Manager/Executive
Director any matter that you desire the City Council or Community Development Commission Hoard 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 al (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 interpretation en espaiiol se proporciona durante sesiones del Consejo Municipal. Los audiofonos
esfan disponibles en el pasillo al principio de la junta.
I/7
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 COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
09/18/07 - Page 2
CITY COUNCIL
PRESENTATION
1. September - 2007 Employee of the Month — Fire Engineer Benjamin Garcia
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.
2. Approval of the Minutes of the Adjourned Regular City Council/Community
Development Commission Meeting of July 12, 2007. (City Clerk)
3. Resolution of the. City Council of the City of National City authorizing the
Mayor to execute an Agreement with D-Max Engineering Inc. in the amount
of $200,000 in order to continue providing the City with engineering and
environmental services and assist implementing National Pollutants
Discharge Elimination System (NPDES) permit requirements. (Funding will
be through Sewer Service Funds). (Engineering)
4. WARRANT REGISTER # 7 (Finance)
Ratification of Demands in the amount of $ 1,577,054.39.
5. WARRANT REGISTER # 8 (Finance)
Ratification of Demands in the amount of $ 1,672,995.85.
CITY COUNCIUCOMMMUNITY
DEVELOPMENT COMMISSION AGENDA
09/18107 - Page 3
NON CONSENT RESOLUTION
6. 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)
NEW BUSINESS
7. Request to initiate an Amendment of the Downtown Specific Plan regarding
the calculation of floor area ratio and dimensions of parking spaces.
(Applicant: City initiated) (Case File No. 2007-26 SP) (Planning)
8. Temporary Use Permit — Dia de la Mujer Latina Festival hosted by San
Diego MANA on October 13, 2007 from 10 a.m to 5 p.m. at Kimball Park.
(Building & Safety)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
Resolution of the Community Development Commission of the City of
National City approving the Community Benefit Loan (CBL) Program
providing for up to $15,000 in a forgivable loan per eligible business for
business improvement projects within the redevelopment area of National
City. (Economic Development Division)
10. Warrant Register for the period of 08/17/07 through 08/30/07 in the amount
of $2,950,114.20. (Community Development Commission/Finance)
NON CONSENT RESOLUTIONS
11. Resolution of the Community Development Commission of the City of
National City approving the Student Community Development Pilot Project
for the 2007-2008 academic school year at Sweetwater High School.
(Economic Development Division)
CITY COUNCIL/COMMMUNITY
DEVELOPMENT COMMISSION AGENDA
09/18/07 - Page 4
NON CONSENT RESOLUTIONS (Cont.)
12. Resolution of the Community Development Commission of the City of
National City authorizing the Executive Director to execute a Settlement and
Release of Claims Agreement with AARB LLC, Beauchamp Family Trust,
the Henschel Trust, the Estate of Arthur 0 Henschel Jr., James L Henschel,
Arthur O. Henschel III, and Charlene Bennett related to environmental
costs, eminent domain action by the Community Development Commission
and claims for environmental costs under the Polanco Redevelopment Act
for the Park Village Project. (Redevelopment Division)
13. Resolution of the Community Development Commission of the City of
National City authorizing the Chairman to execute an Eighth Amendment to
the Disposition and Development Agreement with Marina Gateway
Development Company, LLC, and to execute a Grant of Easement over
Community Development Commission owned land for the benefit of Marina
Gateway Development Company, LLC to facilitate the Marina Gateway
Redevelopment Project. (City Attorney)
NEW BUSINESS
14. Report to City Council regarding a status update on the Highland Avenue
Community Benefit District (CBD) and objectives of the Highland Avenue
Business Association (HABA). (Economic Development Division)
STAFF REPORTS
MAYOR AND CITY COUNCIL
CITY COUNCIUCOMMMUNITY
DEVELOPMENT COMMISSION AGENDA
09/18/07 - Page 5
CLOSED SESSION
Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Government Code 54956.9 (c)
One Potential Case
The closed session will immediately follow the 6:00 p.m. open session.
ADJOURNMENT
Next Regular City Council and Community Development Commission Meeting -
Tuesday — October 2, 2007 - 6:00 p.rn. — Council Chamber - National City.
'I'AI'E RECORDINGS OF CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION MEETINGS ARE AVAILABL
FOR SALE IN THE CITY CLERK'S OFFICE
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
September 5. 2007
TO
FROM
SUBJECT
Chris Zapata, C. tanager
Stacey Stevenso
nan Resources Director
EMPLOYEE OF THE MONTH PROGRAM
MEM # I
9/8/07
The Employee of the Month Program communicates the City's appreciation for outstanding
performance. In doing so, it recognizes employees who maintain high standards of personal
conduct and make significant contributions to the workplace and community.
The employee to be recognized in September 2007 is Fire Engineer Benjamin Garcia.
By copy of this rnemo, the employee is invited to attend the Council meeting on Tuesday.
September 18, 2007, to be recognized for his achievement and service.
Attachment
cc: Benjamin Garcia
Chief Juniel
Councilmember Natividad
Dionisia Trejo — Mayor/Council Office
Human Resources — Office File
SS:Igr
Performance Recognition Program (2)
eRecycled Paper
City of National City
Performance Recognition Award
Nomination Form
I nominate Fire Engineer Benjamin Garcia
for the Performance Recognition Award for the following reasons:
Please state reason why your nominee should receive an award, (i.e., examples of service
beyond requirements of position, exemplary service to the public, outstanding job performance,
etc.). Do not exceed 150 total words. Please be as specific as possible when giving your
examples.
Engineer Garcia, in addition to his assigned duties takes time, often after hours,
to train "C" division Probationary Firefighter Valenzuela.
Engineer Garcia ensures that there is a stable and consistent training regimen for
the probationary Firefighter. He has directed him in the areas of hose lays, rescue
techniques and vehicle extrication. Engineer Garcia has definitely taken on the role of
lead trainer, in addition to his own scheduled duties, often on his own time.
Training probationary Firefighters in apprentice level skills is not a function
normally assigned to Engineers.
Engineer Garcia has also taken on the responsibility of ensuring that the Training
Tower at Fire Station #34 is always maintained and ready for use. He actively solicits
ideas from Firefighters on ways to improve the training facility and tower. This includes
purchasing needed items to repair the tower and to implement suggestions on how to
provide better training in the tower.
FORWARD COMPLETED NOMINATION TO:
National City Performance Recognition Program
Human Resources Department
Nominated- : oderick ,luniel. Fire Chief
Signatur %Z' ,,, ,f/ Date: September 4, 2007
Performance Recognition Program CO
ITEM #2
9/18/07
Approval of the Minutes of the Adjourned Regular City
Council/Community Development Commission
Meeting of July 12, 2007.
(City Clerk)
City of National City, California
COUNCIL AGENDA STATEMENT
EETING DATE September 18 , 2007
AGENDA ITEM NO.
3
ITEM TITLE Resolution authorizing the Mayor to execute an agreement with D-Max Engineering Inc., in
the amount of $200,000 in order to continue providing the City with engineering and environmental services
and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements
(Funding will be through Sewer Service Funds)
PREPARED BY DEPARTMENT EXT. 4387
EXPLANATION Din Daneshfar
See attached explanation.
Engineering
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By: ( ,
This agreement is for contract cost with a "Not to Exceed' amount of $200,000.
Funds are available in Account No.125-421-222-299.
Finance Director
Account No.
STAFF RECOMMENDATION
i
O • RD / ON ECOMMEDATION
N/A
Roar,
i
C R
ATTACHMENTS (Listed Below)
1. Resolution
2. Contract Agreement
l—
Resolution No.
A-200 (Rev. //03)
Explanation:
Based upon requirements of the adopted National Pollutants Discharge
Elimination System (NPDES) permit No. CAS0108758, Order No. R9-2007-0001,
and the City's Jurisdictional Urban Runoff Management Program (JURMP), the
City is committed continually to implement its efforts in various aspects of this
program and maintain its compliance with the permit requirements. The program
consists of the implementation of the Municipal, Industrial, Commercial,
Residential, Land Use Planning for New Development/Redevelopment,
Construction, Illicit Connection/Illegal Discharge, Education, Public Participation,
and Program Assessment components as outlined in the City's JURMP.
On September 19, 2006, by the City Council Resolution No. 2006-196, a contract
agreement was executed between the City and D-Max Engineering to continue
assisting the City in implementation of the annual NPDES program (06-07). D-
Max Engineering has been providing quality services and implementing the City's
NPDES program on schedule in a professional manner. This firm is familiar with
the City's current NPDES program, storm drain system, and the State Permit
requirements. Staff is recommending D-Max Engineering to continue providing
the as -needed services for this year's NPDES program (07-08). The proposed
scope of work is consistent with the requirements of the NPDES permit and
commitments made by the City in its JURMP. The contract before Council for
approval is for the general environmental and engineering services for this
program, and includes the following tasks: 1) Coordinate the program. 2) Revise
Documents for New Permit Requirements. 3) Continue Data Management and
GIS. 4) Assist the City to Comply with its Inspections Program. 5) Assist the City
to Implement Standard Urban Storm -water Mitigation Plan (SUSMP). 6)
Implement Dry Weather Analytical Monitoring and Field Screening and Follow up
Investigations. 7) Prepare JURMP Annual Report/Develop Assessment of
Program Effectiveness. 8) Assist the City in Implementing its Watershed Urban
Runoff Management Program (WURMP). 9) Assist the City in Performing its
Training and Education Programs. 10) Provide other related Storm Water
Quality Services. D-Max Engineering has proposed a plan, outlined in Exhibit "A",
to implement this year's program.
The work can be accomplished through a new contract agreement (attached).
The final scope of work is attached to the agreement that is being presented to
the Council. The fee for performing the work is a "Not to Exceed" amount of
$200,000. The funds are allocated through Sewer Service Funds.
RESOLUTION NO. 2007 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH D-MAX ENGINEERING, INC., IN THE AMOUNT OF $200,000
IN ORDER TO CONTINUE PROVIDING THE CITY WITH ENGINEERING
AND ENVIRONMENTAL SERVICES, AND ASSIST IMPLEMENTING
NATIONAL POLLUTANTS DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT REQUIREMENTS
WHEREAS, the City desires to employ a contractor to continue providing the City
with engineering and environmental services, and to assist implementing National Pollutant
Discharge Elimination System ("NPDES") permit requirements; and
WHEREAS, the City has determined that D-Max Engineering, Inc. is a
professional engineering and environmental consulting firm, and is qualified by experience and
ability to perform the services desired by the City, and D-Max Engineering, Inc. is willing to
perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute an agreement with D-Max Engineering, Inc. in the amount of $200,000 in
order to continue providing the City with engineering and environmental services, and assist
implementing National Pollutants Discharge Elimination System Permit requirements. Said
Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 18th day of September, 2007.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
D-MAX ENGINEERING, INC.
THIS AGREEMENT is entered into this 18th day of September, 2007, by
and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
D-Max Engineering, Inc., (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide the
City with the engineering and environmental services for implementing the National
City's National pollutants Discharge Elimination System (NPDES) program, and
Jurisdictional Urban Runoff Management Program (JURMP).
WHEREAS, the CITY has determined that the CONTRACTOR is a Professional
Engineering and Environmental consulting firm, and is qualified by experience and
ability to perform the services desired by the CITY, and the CONTRACTOR is willing to
perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "A".
The CON TRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services,
except as authorized in advance by the CITY. The CONTRACTOR shall appear at
meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on
the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
Revi;.ed April 2005
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10 % from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Mr. Din Daneshfar hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the
CONTRACTOR. Mr. Arsalan Dadkhah thereby is designated as the Project Director
for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "A" shall not exceed
the schedule given in Exhibit "B" (the Base amount) without prior written authorization
from the Project Manager. Monthly invoices will be processed for payment and
remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Exhibit "A" as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "C".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
2 R,2vi ed Area 200.5
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
3 Revised April 2005
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a
current City of National City business license prior to and during performance of any
work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any
unique products, treatments, processes or materials whose availability is critical to the
success of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status; national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action
to insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
4 Revised April 2005
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers
and employees, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
5 Revisel Awl 2005
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies.:
A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
6 Revised April 2005
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action
or suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the
prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach
thereof, which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
7 Revised April 2005
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRAC TOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery
to the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified
above shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Din Daneshfar
Program Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Arsalan Dadkhah
Project Manager/Principal
D-Max Engineering, Inc.
8380 Miiramar Mall, suite 222
San Diego, CA 92121
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by. letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
8 Revised April 2005
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
(_i If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21
by the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or federal, state or legal holiday.
13. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together,
shall constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for' the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto_
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
Exhibit A - Scope of Services
Exhibit B - Cost Summary
Exhibit C - Progrrn Schedule
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
9 Revised April 2005
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
!. Entire Agreernent. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement. (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
D-MAX ENGINEERING, INC.
(Corporation — signatures of two corporate officers))
(Partnership — one signature)
(Sole proprietorship— one signature)
By: L2? o- -La/6
(Name)
Pre i'dfit IL
(Title)
By: ai? 2d&fe r2
(Name)
JPCPe/ l Y
(Title) /
10
Revised April 2005
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EXHIBIT A
SCOPE OF SERVICES
D-MAx will provide storm water services to assist the City of National City in complying
with the National Pollutant Discharge Elimination System (NPDES) permits and
enhance the water quality of runoff generated within the City. The following is a list of
tasks anticipated to be necessary during the fiscal year. However, there may be
unanticipated tasks that are necessary to complete but are not addressed herein. The
tasks will be conducted in an order of priority as set by the City.
Project Coordination. Provide all project coordination necessary to perform the work
for the City's NPDES program implementation. Project coordination will include
monthly project status meetings with the City of National City and other related
agencies for the duration of this contract. Also included in the program coordination
are
• Management of the program kick-off meeting and all necessary meetings
with other concerned and involved agencies and community groups.
• Management of all project -related meetings, including agenda and
meeting minute preparation and distributions.
• Assisting the City with coordination and correspondence with the
RWQCB regarding National City's storm water program.
Data Management and GIS. To facilitate annual reporting and to manage various
JURMP programs on a day-to-day basis, data must be tracked and stored in a reliable,
easy -to -use manner. This includes data from the City's construction, industrial,
commercial, development, and municipal programs. D-MAx has created four separate
Microsoft Access databases for the City: one each for construction inspections,
industrial/commercial inspections, standard urban storm water mitigation plan (SUSMP)
post -construction best management practice (BMP) tracking and inspections, and a
variety of municipal activities.
As the City Engineering Department has recently created a tracking database induding
information about a variety of permits, D-MAx may also work with the City to determine
how that tracking database can best be integrated with the databases that D-MAx has
created for the City. D-MAx will also assist the City in designing solutions for relating
the data from various databases, including the use of geographic information systems
(GIS). Additional tracking capabilities for the City's education program may be added
as well, and a database to record and manage information from the City's water quality
monitoring programs may be developed. D-MAx will regularly provide the City with
copies of the databases it maintains.
In addition to database management, D-MAx will also assist the City in analyzing
business license listings to determine JURMP prioritizations for new industrial and
commercial businesses in the City. Those businesses will then be flagged for
inspection in accordance with the procedure listed in the JURMP. We will further assist
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the City in designing and implementing revised procedures for prioritizing facilities in the
City, in accordance with new Municipal Permit guidelines for facility prioritization.
Assist in Compliance inspection Program. We will assist the City's compliance
inspection team with the following services:
• Conducting construction field inspections
• Conducting industrial and commercial field inspections
• Conducting SUSMP post -construction BMP inspections
• Conducting follow-up, complaint, or other special inspections
• Data entry into databases for these inspections
SUSMP Implementation and Document Preparation. We will continue to assist the
City with implementation of the Standard Urban Storm Water Mitigation Plan (SUSMP)
program as follows. Note that review of SUSMP and Storm Water Pollution Prevention
Plan (SWPPP) documents are included under a different contract.
• Assist with required revisions to the City's SUSMP Ordinance and related
ordinances, including developing a SUSMP manual per the new Municipal
Permit requirements
• Assist in complying with requirements of the SUSMP
• Conduct coordination meetings with various City departments and assist in
refinement of the SUSMP process
• Review erosion and sediment control plans
• Assist in selecting and implementing BMPs
• Conduct educational presentations as required in the City's JURMP and Section
D.5.b.(b) of the new Municipal Permit
• Prepare SUSMPs and construction storm water pollution prevention plans
(SWPPP) for City Capital Improvement Projects
Dry Weather Field Screening and Analytical Monitoring. This task will include
conducting one round of field screening in accordance with the requirements of the
RWQCB Municipal Permit. The objective of this program is to detect and eliminate illicit
connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of
human activities on receiving water bodies. The City of National City has identified 15
primary monitoring stations where data will be collected during the dry weather
analytical and field screening monitoring program. This task will include the following:
Visual Observations: Visual observations include looking for evidence of dry
weather flows such as staining, corrosion, sediment, surrounding vegetation,
algae, mosquito larvae, insects, rodents and other animals in the vicinity of the
outfall. .
Field Analysis: At each site the flow and its temperature will be measured, and
a sample will be taken for field analyses of the following parameters:
2
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• Specific conductance
• Temperature
• Turbidity
• pH
• Reactive Phosphorus
• Nitrate Nitrogen
• Ammonia Nitrogen
• Surfactants (MBAS)
Analytical Monitoring: Water samples from 25 percent of the sites where
ponded or flowing water is observed, will be collected and submitted to a
California Department of Health Services certified laboratory for analysis of the
following constituents:
• Total hardness
• Surfactants (MBAS)
• Oil and grease
• Diazinon and Chlorpyrifos
• Cadmium (Dissolved)
• Copper (Dissolved)
• Lead (Dissolved)
• Zinc (Dissolved)
• Enterococcus bacteria
• Total Coliform bacteria
• Fecal Coliform bacteria
Preparation of a Summary Report: At the conclusion of the field screening
program, a report will be prepared to summarize the observations and the
results of the study. The report will include our interpretation of the field data
and test results as to the possible presence of IC/IDs.
Notes: This task will be completed during the dry season in 2007. Per the
requirements of the new Municipal Permit, dry weather monitoring during the dry
season in 2007 will be conducted according to the same procedure established
under the previous Municipal Permit (Order 2001-01). The new dry weather
requirements of the new Municipal Permit will go into effect in the summer of
2008.
Follow -Up Investigations. During the dry weather field screening program if field
investigations do not reveal a specific source of contamination, or if the results of the
laboratory analysis indicate presence of pollutants in excess of action levels, further
investigation will be conducted which may include the following steps:
• Tracing flows or discharges upstream
• Conducting field screening sampling
3
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• Contacting dischargers
• Sampling for laboratory analysis
• Documenting source investigations
At the conclusion of the follow-up investigations, a summary report will be prepared
summarizing the findings, conclusions and recommendations. Note that this program
will be conducted according to the same procedure used in 2006; the new follow-up
requirements of the new Municipal Permit will need to be implemented in the 2008 dry
weather season.
Preparation of JURMP Annual Report i NPDES Program Effectiveness
Assessment. As a requirement of the Municipal Permit, the City must produce an
annual report to the RWQCB detailing the activities that have been conducted during
the previous reporting period to reduce pollutants in urban runoff. The JURMP Annual
Report serves to document the activities that the City has conducted during the past
reporting period of July 1, 2006 through June 30, 2007. In order to prepare the
required report we will conduct the following:
Coordinate Information Transfer with City personnel
Contacting several City departments to acquire information on the program
implementation and special activities carried out through the year. We will have
initial meetings with responsible personnel at each department to prepare a plan for
receiving information regarding the implementation of the City's JURMP. We will
stay in contact with the City's departments thereafter. Pertinent information will be
acquired under this task to be used in the report.
Prepare Annual JURMP Report
This task includes the preparation of the Annual JURMP Report in accordance with
Section I of the previous Municipal Permit. Because the new Municipal Permit was
not in effect in 2006-2007, the Annual Report prepared this year will report on
compliance with the previous Municipal Permit in the format required by the
previous Municipal Permit. This includes addressing the following:
• Comprehensive Description of Activities
Land -Use Planning
Construction
Existing Development
Education
Illicit Discharge Detection and Elimination
Public Participation
Assessment of JURMP Effectiveness
Fiscal Analysis
• Documentation/Accounting of Activities
Illicit Discharges Report
Inspections Conducted
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Enforcement Actions
Education Efforts
• Public Participation Mechanism
• JURMP Revisions
• Special Investigations
• Fiscal Analysis
• Ineffective Management Measures
• Identification of Water Quality Improvements
• Assessment of Program Effectiveness.
The County of San Diego in association with assessment work group
has developed some methodologies for assessing the effectiveness
of the storm water program. These methodologies require gathering
and presenting all the information of the Copermittee's activities
including BMPs and identifying expected effects on the storm water
pollution prevention. We will assist the City to evaluate the
effectiveness of the City's program in accordance with the County
and work group proposed methodologies.
Document Revisions for New Permit Requirements. The new Municipal Permit
requires revisions to the City's JURMP. D-MAx will continue to assist the City with
revising its JURMP to meet the new requirements. This process requires considerable
coordination and discussion with City staff to ensure that program modifications are as
practical, efficient, and effective as possible.
We will also assist the City with making required revisions to the SUSMP Ordinance
and related City codes necessitated by the reissuance of the Municipal Permit. Further,
we anticipate that documents related to the new MS4 monitoring and source
identification monitoring programs required by the new Municipal Permit will need to be
prepared. This work will likely include research to select sites in the City and
preparation of monitoring plans. Permits to allow the City to resume channel
maintenance activities will also likely need to be acquired in 2007-2008. That process
is anticipated to involve coordinating with the RWQCB, the Army Corps of Engineers,
and the California Department of Fish and Game.
The new Municipal Permit will likely also require significant revisions to the WURMP
document, including development of new watershed strategies. We will assist the City
by working with the other watershed Copermittees to select and develop watershed
activities that will meet the new Municipal Permit requirements. We will also help the
City integrate overall, watershed wide approaches into the City's existing programs.
Training and Education. D-MAx will conduct educational workshops at the City's
request to target audiences identified in the JURMP document. Educational content
will cover a variety of topics related to storm water quality and watershed concepts
listed in the JURMP and be tailored to each specific audience. Suggested workshops
and target audiences include the following:
5
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Planning and Engineering Departments
The goal of this workshop will be to inform the Planning and Engineering
Departments of general concepts listed in the JURMP and to address new
Permit requirements relevant to each department. The Permit requires
changes in land -use planning and engineering aspects of new development
and redevelopment projects within the City, including the implementation of
the City's SUSMP. Among the new requirements is the implementation of
Low Impact Development (LID) measures for all development projects.
Public Works Staff
The workshop will be targeted towards public works employees and will
focus mainly on the practical aspects of BMP implementation. It will also
address changes in public works operations required by the Municipal
Permit, such as effects on channel maintenance and storm drain cleanout
frequency. In the event that the City's NPDES Storm Water Compliance
Inspector conducts this training, D-MAx will not provide a training for this
audience.
Construction Inspectors
The educational workshop for construction inspectors will include general
concepts listed in the JURMP and additionally cover such topics as BMP
implementation and maintenance, good housekeeping measures, site
inspections and inspection frequency.
School Students
We will assist the City in providing training workshops for school students.
The topics for these workshops include the source of pollutants, the impact
of pollutants on the receiving water bodies and BMPs to prevent the
pollutions.
Workshops
At the request of the City, we will provide targeted educational workshops
for various industry or stakeholder groups. D-MAx has recently conducted
workshops for industrial businesses, automotive businesses, the
development and construction industry, and City residents.
Educational Materials
We will assist the City in developing educational materials such as
pamphlets, calendars, articles for newsletter or websites, or fact sheets.
These materials may to be targeted at the development community, City
residents, industrial and commercial businesses, City staff, or other
audiences. The new Municipal Permit requires additional education related
to watershed concepts and watershed pollutants of concern.
Watershed Urban Runoff Management Program. City of National City is located
within the San Diego Bay watershed. The Municipal Permit requires each Copermittee
to collaborate with other Copermittees within its watershed to identify and mitigate the
highest priority water quality issues/pollutants in the watershed.
6
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D-MAx will coordinate with the watershed Copermittees on behalf of the City of National
City and fulfill the group requirements per the City instructions. In each of the last three
years, we have assisted the City by helping write the San Diego Bay WURMP Annual
Reports, and the City has been listed as among the primary authors of those annual
reports.
Representing the City in Various Meetings. D-MAx will represent the City of National
City in various meetings including those with other Copermittees, the Regional Board,
and/or Regional Workgroups.
Other Storm Water Services. It has been our experience with other local
municipalities and with the City of National City that storm water related situations arise
from time to time that require immediate or expert action. For example, additional
services related to the Paleta Creek/7th Street Channel TMDL, which is currently under
development, may be required. D-MAx will be pleased to provide any other as -needed,
on -call services to the City of National City that have not been identified above.
l
EXHIBIT B
COST SUMMARY & FEE SCHEDULE
We propose to compete the aforementioned services on a time and materials oasis (not to exceed $200,000 total) in accordance with the attached
schedJle of fees. Our estimated costs are listed below.
Staff
Scientist
Word
Drafter Processor
Clerk
ODC*
Calculated
Total
Rounded
Total
Princpal
Engineer
Project
Scientist
Rate
$130
$105
$85
$60
$55
S45
Task Description
Project Coordination
60
50
20
S250
$15,000
$15,000
Data Management and GIS
8
40
62
45
S12,985
$13,0DC
Assist in Compliance Inspection Program
8
40
220
$1,000
$24,940
S25,000
SUSMP Imp'ementation and Document
40
60
40
$100
$15,000
$15,000
_Preparaticn
Dry Weathe- Analytical Monitoring and Field
Screening
12
16
100
4
8
$2,600
$15,020
$15,000
Follow-up Investigations
8
8
70
$250
$8,080
S8,000
P'eparation of JURMP Annual Report! NPDES
Program Effectiveness Assessment
16
60
128
16
S20,140
$20.000
Document Revisions fcr New Permit
Requirements
24
100
164
16
24
$200
$30,040
S30,000
Training and Education
40
60
90
20
$4,700
$24,950
S25,000
Watershed Uroan Runoff Management
Programs
16
70
54
12
S300
$14,980
$15,000
Representing the City in Various Meetings
30
54
$400
$9,970
$10,000
Other Stcrm Water Services
16
16
54
8
$200
$8,990
$9,000
Total
278
574
1002
20
133
0
$10,000
S 200,095
S 200,000
-CDC for Dry Weather Moni:orirg inc;uses .abcratory analy:ica' costs, and 0DC for Tranirg and Education Inc•udes o aside pr;n-ing of materials ;e.g.. calercarsi.
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SCHEDULE OF FEES
January 1, 2007
This Schedule of Fees will Ire adjusted periodicallv. The new fcc schedule will apply to all existing
and new work.
LABOR
Classification
Hourly Rate
Clerk*
Word Processor*
Drafter*
Technician*
Senior Technician*
Stab Scientist/Engineer
Assitant Project Scientist/Engineer
Project. Scientist/Engineer
Senior Scientist/Engineer
Principal ScicntisuTngineer
$ 45
55
60
55
70
85
95
105
115
130
* Overtime (in excess of R hours per day)
and weekend hours will he charged at 1.5
times the above rates for non-exempt
personnel.
Field and hourly services will be charged
portal to portal from our office, with a two-
hour minimum.
Appearance as expert witnesses at court
trials, mediation, arbitration hearings and
depositions will he charged at $200/hour.
Time spent preparing for such appearances
will be charged at the above standard hourly
rat es.
O 1'HER CHARGES
Subcontracted services, such as
subconsultants, outside testing, drilling, and
surveyors, will be charged at cost plus 15%.
Other project -specific costs, such as rentals,
expendable or special supplies, special
project insurance, permits and licenses,
shipping, subsistence, tolls and parking;
outside copying/printing, etc., will he
charged at cost plus 15%.
Client will he responsible for any applicable
taxes in addition to the fees due for Set vices.
The mileage charge for personal vehicles
used on projects will be the current rate as
established by the Internal Revenue Service.
Company -owned vehicles will be charged at
a rate of $0.60 per mile.
EXHIBIT C
PROJECT SCHEDULE
Tasks
SEP OCT NOV DEC
2007 2007 2007 2007
JAN
2008
FEB
2008
MAR APR
2008 2008
MAY JUN JUL ! AUG
2008 2008 2008 2008
Project Coordination
Data Management
0
Assist in Compliance
Inspection Program
Dry Weather Analytical
Monitoring and Field
Screening
Follow -Up
Investigations
Preparation of JURMP
Annual Report / NPDES
Program Effectiveness
Assessment
4011101011112
Document Revisions for
New Permit
Requirements
Training and Education
Watershed Urban
Runoff Management
Program
Representing the City in
Various Meetings
Other Storm Water
Services
4
STATEMENT OF QUALIFICATIONS
D-MAx ENGINEERING, INC.
D-MAx Engineering, Inc. is an environmental engineering firm with an emphasis on storm
water services. We are a small business located in San Diego since 1996. During the past
11 years, we have successfully completed a number of storm water and water quality
projects for several municipalities and private clients within San Diego County and Orange
County.
The municipalities to which we have provided services include the cities of Carlsbad, Chula
Vista, El Cajon, Encinitas, Escondido, La Mesa, Lemon Grove, National City, Poway, San
Diego, San Marcos, Santee, and Vista; the San Diego Unified Port District; and the cities of
Mission Viejo and La Habra in Orange County. We have also provided services to Sempra
Energy, the Imperial Irrigation District, Hazard Center, and a number of industrial clients.
Our storm water and water quality services include:
• Preparing construction Storm Water Pollution Prevention Plans (SWPPPs) for
municipalities and for private developers
• Providing environmental services for restoration projects, such as the Forester
Creek Improvement Project in Santee
• Assisting clients with responses to Regional Water Quality Control Board
(RWQCB) directives, comments, Notices of Violation (NOVs), and other
requests for information
• Developing BMPs for construction sites
• Processing groundwater dewatering discharge permitting and ensuring
compliance
• Preparing Jurisdictional Urban Runoff Management Programs (JURMP) for
municipalities
• Preparing BMP manuals for cities, such as Appendix C of the City of Poway
JURMP
• Technical review of SUSMP reports and conceptual design of treatment control
BMPs
• Evaluating storm water program effectiveness
• Conducting dry weather monitoring programs
• Conducting upstream investigations to identify and eliminate sources of Illicit
connections and illegal discharges
• Developing municipal Best Management Practices (BMP) programs
• Preparing industrial SWPPPs and monitoring programs
• Watershed focused storm water program services, including Watershed Urban
Runoff Management Program (WURMP) implementation
• Providing training workshops regarding storm water pollution prevention
• Preparing receiving water quality sampling programs
D-MAx Engineering, Inc., Statement of Qualifications Page 1
• Conducting wet weather sampling for industrial facilities
• Conducting source identification of industrial/commercial facilities and
prioritization based on the threat to water quality
We are thoroughly familiar with the existing San Diego municipal storm water (RWQCB
Order No. R9-2007-001), and we have been actively involved in its review and comment
process. We are also very familiar with State of Califomia General Industrial and
Construction permit requirements. D-MAx has
• Completed JURMP or Local Implementation Plan (LIP, for Orange County)
documents for El Cajon, National City, Poway, Santee, and La Habra and
Mission Viejo in Orange County to prepare their JURMP document. We also
prepared several sections of the JURMPs for Carlsbad and San Marcos. Our
JURMP documents have been considered model JURMP documents by the
RWQCB.
• Prepared required documents for the City of Santee Forester Creek
Improvement Project, including a monitoring plan, a Quality Assurance Project
Plan (QAPP), and an annual monitoring report. We also conduct regular
monitoring efforts for the project.
• Assisted the City of National City with responding to the RWQCB channel.
maintenance directive
• Prepared construction SWPPPs for a number of City of Poway CIP projects
• Conducted over 70 dry weather monitoring programs for 10 municipalities
throughout San Diego County
• Conducted over 11,000 storm water compliance inspections for municipal,
industrial, and commercial facilities for 14 jurisdictions
• Developed BMP manuals for the City of Poway municipal facilities
• Provided education and training sessions on water quality topics and BMPs for
several cities
• Developed database systems for storm water inspections, complaints, IC/ID
records, municipal activities, and SUSMP sites
• Prepared storm water program annual reports for La Mesa, National City,
Poway, Santee, and La Habra. Sections of our annual reports have been
considered exemplary by the RWQCB. Also helped prepare the San Diego Bay
WURMP Annual Reports.
• Prepared, implemented, and conducted monitoring for two industrial SWPPPs
and monitoring programs for the City of Poway Materials Handling Yard and
Public Works Municipal Yard
The D-MAx professional team is comprised of civil engineers, hydrologists, environmental
scientists, biologists, and chemists.
D-MAx Engineering, Inc., Statement of Qualifications Page 2
City of National City, California
COUNCIL AGENDA STATEMENT
EETING DATE September 18, 2007
AGENDA ITEM NO.
/ ITEM TITLE
WARRANT REGISTER # 7
PREPARED BY
D. Gallegos -Finance
EXPLANATION
DEPARTMENT
Finance
Jeanette Ladrido
(i 19-336-4330
Ratification of Warrant Register # 7 per Government Section Code 37208.
For the period of 08/08/07 through 08/14/07
Environmental Review N/A
•
(-Financial Financial Statement
Not applicable.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
t recommend ratification of these warrants for a total of $ 1,577,054.39
BOARD / COMMISSION RECO,MMENDATI
ATTACHMENTS ( Listed Below )
1. Warrant Register #7
2. Workers Comp Warrant Register dated 8/08/07
3. Payroll register dated 8/08/07
Resolution No.
City of National City
WARRANT REGISTER N 7
8/14/2007
PAY J E
BANK OF AMERICA
911 TRAINING & CONSIJLTANTS
ALL POINTS PUBLIC FI NJ)ING, LLC
Al.t. SCAR FIRE EQUIPMENT, INC.
ALL THE KINGS FLAGS
AMERICAN ROTARY BROOM CO.. 1
AR(:O GASPRO PLUS
Al&T /MCI
Al 11 )IA
AIJSTIN DOORS
BCM CUSTOMER OMER SERVICE
BDR COMMUNICATIONS
BLACKIE'S TROI'IIILS AND AWARDS
BRATTIN MOTORS/
CAI. EXPRESS
CALIFORNIA COMMERCIAL ASPHAI.
CALIFORNIA COMMERCIAL SECIJRI
CALPELRA
CALPELRA
CARQUEST Al JTO PARTS
CCUG
CEB
CLSNAUSKUS
CHEVRON USA, INC.
DESCRIPTION
CRFI)1T CARD PAYMENT
RFGIST:DISPAT/St1RVIVE & TIlRIVP.
NEW FIRI? TRUCK tit PAYMENT#9
HE1.MICT W! RATCHET SUPENISION
FLAG, STATTi OF CALIFORNIA
MOI' k62683 STREET SWEEPER ('ARTS
FIIF.I. I1OR CITY FLEET
PHONE 339 342-2741 6/1 - 7/6/07
DEPOSIT41 163/1112 E 24TH STREET
REPAIR NORTHWEST DOOR AT POLICE
MAINTENANCE SVC - JULY 2007
DEPOSIT#1 128/IUDR COMMUNTNS
MOP 67727 NAME TAGS
BRACKET -LABOR, MAJOR SVC
COURT FILINGS
ASPHALT
MOP 445754 CART) READER
TRAINING/CONF R1?G 11R DIRECTOR
TRAINING/CONE RE:(.; IIK DIRECTOR
MOP 447.557 AUTO PARTS
REGISTRN/CCIJ GSEMINAR8911
CA LAND USE PRACTICE 2007
125 PLAN REIMBURSEMENT
MOP 445699 FUEL.
CHK NO DATE AMOUN
216235 8/9/07 7,960.30
216236 8/14/07 169.00
216237 8/14/07 19,613.22
216238 8/14/07 848.69
716239 8/14/07 364.75
216240 S114/07 264.53
216211 8/14/07 26,243.82.
216242 S/14/07 467.39
216243 8114;07 100.00
216244 8/14/07 1,873.16
716245 8/14/07 182.81
216246 8/14/07 5,000.00
216247 8114/07 25.86
216248 8/14/07 1,366.45
216249 8114/07 52.20
216250 8/14/07 878.51
216251 8/14/07 653.01
216252 8/14/07 650.00
216253 8114107 550.00
216254 8114i07 29.04
216255 8/14/07 300.00
216256 8114/07 13.5.55
216257 8/14/07 368.00
21625X 8/ 14'07 326.15
1
CLTY-WIDE. ELECTRONICS
CORPORATE EXPRESS
CRAWFORD
D-MAX ENGINEERING; INC
D-MAX ENGINEERING INC
D-MAX ENGINEERING INC
DAPPER TIRE COMPANY
DAVIES
DAY WIRELESS SYSTEMS
DELI.
DELTA DENTAL
DELTACARE (PMI)
DIANNI.IIDWICK
DIXIEI.[NF. LUMBER CO.
DREW FORD
DURRA INK
FE►.IX
FIRE PREVENTION SERVICES INC
FIRE PREVENTION SERVICES INC
FLEET SERVICES, INC
GAFFNEY
GISI
IIARRIS & ASSOCIATES
HARRIS & ASSOCIATES
HARRIS & ASSOCIATES
HARRIS & ASSOCIATES
HYDRO-SCAPE PRODUCTS INC.
IKON OFFICE SOLIJTIONS
IKON OFFICE SOC.tJTIONS/IOS
INFRASTRUCTURE: ENGINEERING
f NFRASTRUCTURI1 ENGINEERING
JOHN DEERE LANDSCAPES
.JUDD ELECTRIC
I..N. CURTIS & SONS
ALARM MONITORING SERVICES
MOP 45704 OFFICE SUPPLIES
125 PLAN RI.IMRIIRSEMENT
DEPOSIT#1125/PARADISE VILLAGE
DEPOSIT#1081-/DRAINAGE STUDY
DEPOSIT/I I095/PLAZA CITY APART
TIRES
125 PLAN REIMBURSEMENT
COMPLETE 2 SYSTEM REMOVALS
16 PORT KEYBOARD/VIDEO/MOUSE
DENTAL INS AUG 2007
DENTAL. INS PMI AUG 2007
DEPOSIT41159/2728 VIRGINIA DR
MOP 445707 COUPLERS, TAPE
MOI' 449078 LAMP ASSEMBLY
CCLRK I.FITERJID, PL.N ENVELOPES
SUBSISTF.NCE/TRAVEI. - "TRAINING
1:Y06-07 APPORTIONMENT' 12
FY06-07 APPORTIONMENT 413
MOP 467804 DISC PADS
SUBSISTFCF.II•RAVEI. CC I IG SEMINAR
INVESTIGATIVE INTERVIEW
JULY 2007 SVCS CITY WIDE. Sl1RVEYS
DEPOSIT# I I25,PARADISE VILLAGE
DEPOSIT4000733/38 S DRE.XEI.
DEPOSIT400073 3/38 SOI JTH DREXEL
MOP 445720 NOZZLE, ROTOR
COPIER MAINTENANCE &ti SUPPLY
COPIER EQIJIP LEASE PAYMENT
DEPOSTT#950/PACIFIC VIEW ESTATES
DEPOSTI497;/11 & H TOWNIIOIISF.S
MOP 469277 MOUND CLAY
ELECTRI(.:A1. SVCS - LIBRARY
COAT 4327844 WITH DRD'I URNOIJT COAT
216259 8/14/07 195.00
216260 8/14/07 161.70
216261 8/14/07 161.54
216262 8/14/07 1,985.0
216263 8/11/07 1,887.50
216264 8/14/07 1,385.00
216265 8/14/07 299.51
216266 8/14/07 882.05
216267 8/14/07 1,049.77
216268 8/11/07 5,344.99
216269 8/14/07 14,765.47
216270 8/11/07 3,307.12
216271 8/11/07 100.00
216272 8/14/07 869.01
216273 8/14/07 32.20
216274 8111/07 871.73
216275 8/14/07 351.06
216276 8/14/07 3,178.94
216277 8111/07 2.1
216278 8/14/07 117.36
216279 8/1.1/07 716.44
216280 8/14/07 716.70
216281 8/14/07 3,995.12
216282 8/14/07 2,100.00
216283 8/14/07 900.00
216284 8/14/07 300.00
216285 8/14/07 869.91
216286 8/11/07 1,726.95
216287 8/14/07 5,824.72
216288 8/14/07 367.82
216289 8/11107 262.82
216290 8/14/07 729.11
216291 8/14/07 159.26
216292 8/14/07 21,174.�.
LASER SAVER INC
LEXIS-NEXUS
LOPEZ
I.OVI:L.i,
MAIN'I FX, INC
MANGANIELLO
MANGANIELLO
MASON'S SAW & LAWNMOWER SRV
MERCURY •INSURANCE. COMPANY
MILE OF CARS ASSOCIATION
MILE OF CARS ASSOCIATION
MONTGOMERY KONE, INC.
MORGAN SQUARE, INC.
MORGAN SQUARE, INC.
MOTOR BOOKS
NACOLE
NAPA AUTO PARTS
NATIONAL CITY CAR WAS!!
NATIONAL CITY DETAIL SIIOP
NATIONAL EMBLEM INC
NEXUS INTEGRATED SOLUTIONS
NORII1 PARK TROPHY & AWARD C(
ORUUTI
ORKIN PEST CONTROL
011Ci IPS POWER EQUIPMENT
P & D CONSI II.TAN IS INC
PACIFIC Al ITO RI•:I'AIR
PARKILOUSE. [11U
PASACAT DANCE CO
PASACAT DANCE CO
PASTRANA
PERISCOPE IiOI.I)1NGS. INC.
PERRY FORD
PIERCE
MOP 45725 HP 4100 COMPATIBLE
CA PENAL CODE JULY 2007
TRANSLATION SVCS ON 08/07/07
BAYFRONT EXPO & CONC.ERI'
CLEANING 1'AI'I I. 'POOLS
WORKSHOP/DESIGN
REGISTRATION/SEMINAR
MOP 1145729 LINE TRIMMER
CLAIM/ ALL. CLAIMS V. VINCENT J.
FY06-07 APPORTIONMENT # 12
FY06-07 APPORTIONMENT # 13
REPAIRS TO ELEVATORS
FY06/07 APPORTIONMENT #I2
FY06-07 APPORTIONMENT 413
295 GOVERNMENT RENEWAL. MOTOR
VENDOR CHECKS TRAINING
MOP #45735 OIL., AIR, FI JF.l. FILTERS
CAR WASHES FOR CITY HEEL -
MOP 4445737 REMOVE WINDOW TINT
NATIONAL CITY FIRE DEPT-LABEL, I'IN
UTRLY MAINTENANCE ON PIIONI': SYS
) SIGNS
125 PLAN REIMBURSEMENT
29705065
MOP ft45740 CLUTCH SPRING
HOUSING ELEMENT WORK
01L
TIRES
PERFORMANCE EXPO & CONCERT
PERFORMANCE EXPO & CONCERT
DISPATCHER SUJRVIVF. &. TRIVL
5 DIGIT COMMODITY CODE-RF•:NF,WAL
LABOR. MAINTENANCE SERVICE
1)LPOSIf1I 170/205 N C BLVD
216293 8/14/07 195.53
216294 8/14/07 19.58
216295 8/14/07 100.00
216296 8/14/07 2,750.00
216297 8/14/07 702.36
216298 8/14/07 508.80
216299 8/14/07 125.00
216300 8/14/07 291.33
216101 8/14/07 2,795.61
216302 8/14/07 1,602.26
2163113 8/14/07 32.54
216304 8/14/07 1,530.87
216305 8/14/07 19,676.47
216306 8/14/07 62.99
216307 8/14/0.7 1,500.00
216308 8/14/07 1,050.00
216309 8/14/07 316.38
216310 8/14/07 620.00
216311 8/14/07 190.00
216312 8/14/07 909.38
216313 8/14/07 188.00
216314 8/14/07 49.33
216315 8/14/07 677.00
216316 8/14/07 640.00
216117 8/14/07 10.85
216318 8/14/07 2,228.55
216319 8/14/07 1,419.44
216320 8/14/07 108.92
216321 8/14/07 250.00
216322 8/14/07 250.00
216323 8/14/07 297.00
216324 8/14/07 135.95
216325 8/14/07 5,609.50
216126 8/14/07 100.00
PORTILLO CONCRJCLE", INC.
POWERSTRIDE BATTERY CO INC
PRUDENTIAL OVERALL SUPPLY
PUBLIC F.MP RETIREMENT SYSTEM
THE REGIONAL. TRAINING CENTER
RELIABLE TIRE CO.
ROJAS
ROJAS
SAN 1)11i310 PARAMEDIC ASSOCIATT
SAN DIEGO PARTY RENTALS
SANCHE:7.
SANDAG
SASI
SDG&E
SMART & FINAL.
SOLJTHLAND AUTO 1301)Y
SUN TRUST
SUNGARD/PENTAMATION, INC.
SWEETWATER AUTHORITY
T.S. INDUSTRIAL STII'l'LY
TARULLI TIRE SAN DIEGO INC
l EI.I.E7.
TETRA TECH ASL, INC.
TETRA TECH ISG #1
TETRA TEC}I ISG #1
TETRA TECH ISG #1
TETRA TECH ISG t11
TETRA TECH ISG rtl
TETRA FRA TECH ISG /1
TIARA TECH ISG 41
TETRA TECH ISG # 1
'HIE I "IGHTHOUSE, INC..
TOPL/C'O PRODUCTS
TRAINING INNOVATIONS S
RF.TENTION-MISC IMPROVEMENT
MOP 467839 BATTERIES
MOP #45742 IJNIFOMS - FACILITIES
SERVICE PERIOD 07-07-5
RECORDS SUPERVISOR COURSE
PICK UP USED TIRES
125 PLAN REIMBURSEMENT
DEPOSIT# 1135 1221 K AVENUE
PROTOCOL IIANDBOOKS
FOLDING CHAIRS/EXPO & CONCERT
125 PLAN REIMBIIRSEMENT
CRIMINAL JUSTICE/ASSESSMENT
PROCESSING CIIRGS AIJG-OCT 2007
FACILITIES DIVISION GAS & ELECTRIC
MOP 45756 MISCELLANEOI IS
LABOR, REPLACE LEFT TORSION BAR
NEW FIRE TRUCK41 .EASE PMT442
NEED TO PAY TAXES ON INV
WASTEWATER DIVISION WATER BILLS
BINK LID AND CUP ASSEMRT.Y
MOP #47940 FIX LOOSE TIRE.
125 PLAN REIMBURSEMENT
JI INE 2007 SERVICES
DEPOSIT# 1 162 3035 PALMER ST
DEPOSIT# 1 132 2031-35 I .ANOITAN AVE
DEPOSIT# 1 130 305 1.: 29TH STREET
DEPOSIT#1 133 1334 O AVF. 1ST CK
DISPOSIT# 1133 1334 O AVENI JF.
DEPOSIT#I 132 2032-35 LANOITAN AV
DEPOSIT# 1 126 839 2ND ST & HIGHLAND
DEPOSIT# 1 120 TIDELAND CONDOS
MOT' #45726 FUSE, BULB. ROPE LIGHT
MOP #62849 AUTO PARTS
TMS BASIC TRAINING
216327 8/14/07 13,95'3.67
216328 8/14/07 117.98
216329 8/14/07 781.78
216330 8/14;07 250,242.,
216331 8/14/07 489.00
216332 8/14/07 438.00
216333 8/14/07 199.00
216334 8/14/07 100.00
216335 8/14/07 118.75
216336 8/14/07 1,270.00
216337 8/14/07 745.00
216338 8/ 14/07 11,639.00
216339 8/14/07 567.00
216340 8;14/07 60,907.93
216341 8/14/07 198.84
216342 8/14/07 63.58
216343 8/14/07 5,009.63
216344 8/14/07 79.91.,
216345 8/14/07 153.'.
216346 8/14/07 4,15.55
216347 8/14/07 93.00
216348 8/14/07 593.18
216349 8/14/07 3.060.0(1
216350 8/14/07 1,350.00
216351 8/ 14 /0"1 1..3 50.00
216352 8/14/07 1,350.00
216353 8/14/07 1,000.00
216354 8/14/07 750.00
216355 8/14/07 '750.00
216356 8/14/07 725.00
216357 8/14/07 550.00
216358 8/14/07 51.88
216359 8/14/07 2.69
216360 8/14/07 3003,
4
UNION SECURITY INSURANCE CO.
US STERLING CAPITAL CORP
VALLEY INDI JSTRIAI. SI'ECIAL1IES
VERIZON WIRELESS
W.W. GRAIN(6IIR
WATERLINE. TECIINOLOGIES
WESTERN CITY
WILLY'S ELECTRONIC SUPPI.Y
YANNANTUONO
ZONDIROS CORP.
BAKER & TAYI,OR
BRODART
CALIFORNIA LIBRARY ASSOC.
CORPORATE EXPRESS
KELLEY BLUE BOOK
LASER SAVER INC
MIDWEST TAPE
NATIONAL GEOGRAPHIC SOCII:T-Y
NOLO PRESS, INC.
TIIONISON GALE
U.S. POSTMASTER
XEROX CORPORATION
A1.0I1A GRAPHICS
AlVARADO
AMA7ON.(:OM CREDIT
ARMOUR
ARONSON
BAKER & "I AYLOR
BEDO1.I.A
BHINDFR
BROADCAS 1 MEDIA CENTER
BRODART
BIJRCH
CABRAI.
VTI.. AUG 2007
TRADE SETTLING 7121-7/27/07
MOP 46453 PLUMBING SUPPLIES
CF.T.T, PHONES FOR ALL 6/22-7/21/07
AUTO GRIP
CHEMICALS FOR MUNICIPAL. POOL.
ADVERTISING/I.IBRARLAN ANL) CSD
MOP 45763 MINOR EQUIPMENT
BAYFRONT EXPO & CONCERT
JIJI.Y SERVICES 2007
REFERENCE BOOKS
ROOK PROCESSING MATERIALS
REQUEST FOR WARRANT
OFFICE SUPPLIES - MOP 45704
REFERENCP.BOOKS
HP PRTNTIIFADS•-
DVDIVIDEOS & PROCESSING SUPPLIES
ADIJI. F NON-FICTION BOOKS
REFERENCE13OOKS
REFERENCE BOOKS
POSTAGE FOR OVERDUE NOTICES
CIIGS/OVERAGES FOR 8 XEROX
LIT. INIT. XV (PRINTING/BINDING )
PRIME TIME Y-3 (EXPERT SERVICES)
LIT SVCS Y4 (BOOKS)/WINGS
AMERICORPS CNCS Y-4 (TRAVF.1.)
AMERICORPS CNCS Y4 (TRAVI'.1,)
REFERENCE BOOKS
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
LIT. INIT. XV (EXPERT SERVICES)
AMERICORPS LSTA Y-4 (BOOKS)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
216361 8/14/07 2,254.71
216362 8/14/07 396.54
216363 8/14/07 201.46
216364 8./14/07 4,497.99
216365 8/14/07 720.12
216366 8/14/07 1,110.26
216367 8/14/07 1,850.00
216368 8/14/07 150.23
216369 8/14/07 150.00
216370 8/14/07 77,076.0(1
216371 8/14/07 840.42
216372 8/14/07 1,431.34
216373 8/14/07 60.00
216374 8/14/07 29.02
216375 8/14/07 182.10
216376 8/14/07 253.06
216377 8,'14/07 1,448.41
216378 8/14/07 16.95
216379 8/14/07 28.60
216380 8/14107 2.539.47
216381 8/14/07 369.00
216382 8/14/07 2.363.42
216383 8/14/07 3,882.84
2)6384 8/14/07 300.00
216385 8/14/07 729.5"/
216386 8/14/07 67.46
216387 8/14/07 41.07
216388 8/14/07 327.88
216389 8/14/07 39.01
216390 8/14/07 23.14
216391 8/14/07 1.125.00
216392 8/14./07 4,373.0?
216393 8/14/07 203.45
216394 8/14/07 106.80
5
CATI IAY RETA
CHRISIF.NSEN
CINGUL.AR WIRELESS
CISNEROS
CITY OF NAIIONAI, CITY
CLAJZK
COFFER
CONTRI•.RAS
CORPORATE EXPRESS
CRONE HOUSE PUBLISHING
DEI,SIED
DORSEY
EMPIZO
FANNING
FOURNIER-O'LEARY
GASC:A
GONZALEZ
IlUKTADO
JAWANDA
LANG
LEE
LFFERACYWORKS
LUCAS
MARSIIALL
MIDWEST TAPE
MILES
MILLER EDUCATIONAI. MATLS, INC NIFTY GRITTY GRAMMAR
MINKET:R
MORA
NOTAR
O'HARA
OAKI.:S
OLIVER
ORTEGA
PRIME "TIME Y-3 (TRAVEL.)
PRIME TIME Y-3 (EXPERT SERVICES)
WOWMOI311.,E PHONE
PRIME TIME Y-3 (EXPERT SERVICES)
- OUT-OF-STATE SALES TAX
AMERICORPS CNCS Y4 (TRAVEL)
AMERICORPS CNCS Y-4 (1"RAVFI,)
PRIME TIME .Y-3 (EXPERT SERVICES)
WOW (MATERIALS/SUPPLIES)
LLI . INIT. XV (EXPERT SERVICES)
.AMERICORPS CNCS Y-4 (TRAVEL)
PRIME TIME Y-3 (EXPERT SERVICES)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
LIT. INIT XV (EXPERT SERVICES)
PRIME TIME Y-3 (EXPERT SERVICES)
PRIME TIME Y-3 (EXPERT SERVICES)
LIE INIT. XV (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y4 (TRAVEL)
STATE LIBRARY EXPERT SERVICES
PRIME TIME Y-3 (EXPERT SERVICES)
AMERICORPS CNCS Y-4 (TRAVEL)
DVD/VIDEOS SUPPLIES
AMERICORPS CNCS Y4 (TRAVEL)
PRIMP. TIME Y-3 (EXPERT SERVICES)
AMERICORPS CNCS Y-4 (EXP. SVCS)
LIT. INIT- XV (TRAVEL)
PRIME TIME Y-3 (POSTAGE)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y4 (TRAVEL)
216395 8/14/07 242.99
216396 8/14/07 802.64
216397 8/14/07 44.37
216398 8/14/07 750.(.
216399 8/14/07 118.12
216400 8/14/07 120.83
216401 8/14/07 73.60
216402 8/14/07 750.00
216403 8/14/07 528.98
216404 8/14/07 677.91
216405 8/14/07 47.57
216406 8/14/07 750.00
216407 8/14/07 82.77
216408 8/14/07 182.09
216409 8/14/(17 375.00
216410 8/14/07 750.00
7.16411 8i 14/07 300.00
216412 8/14/07 89.24
716413 8/14/07 21._
716414 8/14/07 36.71
7.16415 8/14/07 9.35
216416 8/14/07 55.000.00
2.16417 8/14/07 877.20
216418 8/14/07 1 14.37
216419 8/14/07 876.79
216420 8/14/07 324.85
216421 8/14/07 489.36
216422 8/14/07 350.00
216423 8'1407 74.19
216424 8/14/07 325.92
216425 8/14/07 107.12
216426 8/ 14/(17 54.82
216427 8'14/07 26.70_
216428 8/14/07 380._
6
PALOMAR COMMUNITY COLLEGE 1)
PASLEY
PAIJLISSEN
PERF.A
QUINTAL
RAMA7
REAL)/SAN DIEGO
RIDER
REINKE
ROJAS
ROSALES
SANDOVAI.
SCIIULTZ
SCI-I WARZ WAELDER
SHADE
SHUMATE
SINAVSKY
SOTO
STAL,IONS
STRATEGIC EGIC RESOURCE COMPANY/
TI IEOI3ALL)
VLI'I'II
YANG
LIT. NIT. XV (EXPERT SERVICES)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
AMERICORPS CNCS Y-4 (TRAVEL)
LIT. INIT. XV (EXPERT SERVICES)
PRIME TIME Y-3 (EXPERT SERVICES)
IIT. NTT. XV (EXPERT SERVICES)
AMLRICORPS CNCS Y-4 ('I'RAVI.1..)
AMIERICORI'S CNCS Y4 (TRAVEL)
PRIME TIME Y-3 (EXI'IRI SERVICES)
PRIME TIME Y-3 (EXPERT SERVICES)
AMERICORPS CNCS Y-4 (TRAVEL.)
AMERICORPS CNCS (TRAVEL)
AMERICORPS CNCS Y-1 (TRAVEL)
AMERICORPS C:NCS Y-4 (TRAVEL)
LIT. INIT'. XV (TRAVE14
AMERICORPS CNCS Y-4 (TRAVEL)
AMERTCORPS CNCS Y-4 (EXPERT SVCS)
LIT. INIT. XV (213,250,399,258)
AMERICORPS C:N(:s Y-4 ('1 RAVEL)
AMERICORPS CNCS Y4 (TRAVEL)
216429 8/14/07 1,950.00
216430 8/14/07 93.57
216431 8/14/07 58.30
2164 32 8/ 14/07 17.80
216443:3 8/14/01 78.32
216434 8/14/07 193.06
216435 8/14/07 500.00
216436 8/14/07 750.00
216437 8/14/07 5,000.00
216438 8/14/07 96.88
216439 8/14/07 28,84
216440 8/14107 750.00
216441 8/14/07 :350,00
216442 8/ 14%0.7 181.35
216443 8/14/01 60.05
216444 8/11/07 100.12
216445 8/ 14707 126.82
216446 8114707 91.36
216447 8/147117 32.04
216448 81 14/07 5.336.00
716449 8/ 14/0'7 10,552.84
216450 8/ 14/07 155.00
216451 8/14/07 174.20
Total 754,724.52
Workers compensation checks
13463 8/8/07 101.26
13461 8.8107 46.74
1'3465 8/8107 8.83
13466 8i8/07 17.50
13467 8.'8107 120.25
13468 8807 116.81
13469 8i8/07 13.60
13470 8/8/07 483.63
13471 8/8/07 75.65
7
13472 8/8/07 544.15
1 34 73 8/8/07 194.94
13474 8/8/07 74.32
13475 8/8/07 68.6
13476 818/07 416.27
13477 8/8/07 600.79
I3478 8/8/07 141.10
1-3479 8,8/07 866.61
13480 8/8/07 138.63
13481 818/07 297.13
13482 8/8/07 173.28
13483 8/8/07 297.00
13484 8/8/07 133.00
13485 8/8/07 3,037.50
13486 8/8.07 3,200.00
13487 8/8/07 320.00
13488 8/8/07 1,418.98
13489 8/8/07 220.00_
13490 8/8/07 374.(,
13491 8/8/07 280.00
13492 8/8/07 440.00
Total
14,220.59
Total 768,945.11
PAYROLL
Pay period
309
Start Date
07/17/07
End Date Check Date
07/30/07 08/08/07 Total $808,109.28
GRAND TOT\I.
$1,577,054.39
8
City of National City, California
COUNCIL AGENDA STATEMENT
_ETING DATE September 18, 2007
AGENDA ITEM NO.
ITEM TITLE
Warrant Register # 8 for the period of 8/15/07 through 8/21/07 in the
Amount of $1,672,995.85
PREPARED BY
D. Gallegos -Finance
EXPLANATION
DEPARTMENT
Finance
Jeanette Ladrido
619-336-4330
Per Government Section Code 37208, attached are the warrants issued
for the period of 08/15/07 through 08/21/07.
2
Environmental Review N/A
Financial Statement
Not applicable.
Approved By:
Finance Ditector
Account No.
STAFF RECOMMENDATION
Ratification of warrants in the amount of $ 1,672,995.85
BOARD / COMMISSION REC(1MMEND . ION
z,,J„
ATTACHMENTS ( Listed Below) Resolution No.
1. Warrant Register#8
2. Workers Comp Warrant Register dated 8/15/07
A?00
Payee
I.M.P.A.C. GOVERNMENT SVCS
MODERN POS'ICARD
ADAMSON P(11.1(:12 PRODUCTS
ANDERSON
BAJA PARTS & EQUIPMENT, INC.
BEST BEST & KRIEGER LLP
BEST BEST & KRIEGER LLP ,
BLACKiE'S'IROPiIlES AND AWARD
BONITA PET HOSPI"I Al..
BOOT WORLD
A AIR RESOIJRCES BOARD)
City of National City
WARRANT REGISTER H 8
8/21/2007
Description
CARDIIOLDER - J. WILKINS
MAILING FOR BAYFRONT EXPO
SAFETY VEST
RLIMI3 FOR NLPOA CONFERENCI.
BLADE
('LAIM/RENEE LOVE V. C OF NC
(.:LAIM/PERSONNEL MATTERS
MOP 67727 PERPETUAL. ENGRAVED
ER CARE FOR STRAY ANIMALS
MOP 64096 SAFETY BOOTS
ILL FOR INSPECTOR ACAI)1(MY
(:ALIFORNIA POLICE EQI JIPMENT MOP 50746 WEARING APPAREL.
CERTIFIED LABORATORIES HAND WIPES. HAND SANFIl7ER
CHAIR •PROS
(ail?VRON USA, INC.
CHILI)1t N'S IIOSPITAI.
CITY OF CI IULA VISTA
CITY OF NATIONAL CITY
CITY OF SAN DIEGO
CLF WAREFIOUS1.
CORPORA] F EXPRESS
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
CREST OFFSET' PRINTING COMPAN
D-MAX ENGINF.ERING INC
NITER TIRE COMPANY
FURNITURE
MOP 44.5699 FUEL
CHILD SEXUAL ABUSE EXAMS
ANIMAL. SI LEI / FLR COSTS
PETTY CASH REPLENISH JUI. 2007
TRANSPORTATION & TREATMENT
AIR FILTERS
MOP 45704 OFFICE SUPPLIES
MATERIAL. PERMIT RENEWAI.
VAP/PARAI)1SE CREEK EDIJC PARK
1500 FLYERS FOR NC BAYFRONT FXPO
JULY SERVICES 2007
TIRES
chk no
chk date
amount
216452 8/20/07 1,449.36
216453 8/20/07 2,590.76
216454 8/21/07 1,438.64
216455 8/21/07 200.00
216456 8/21/07 565.00
216457 8/21107 400.00
216458 8/21/07 220.00
216459 8/21/07 5.41
216460 8/21/07 944.46
216461 8/21 /(17 174.52
216462 8/21/07 50.00
216463 8/21/07 409.86
216464 8/21/07 340.70
216465 8:21/07 25,576.94
216466 8/21/07 500.69
216467 8/21/07 787.00
216468 8/21/07 8,202.71
216469 8/21/07 700.71
216470 8/21/07 1,418,722.00
216471 8/21/07 163.11
216472 8/21/07 805.46
216473 8/21/07 1,610.00
216474 8121 /07 460.00
216475 8121/07 1,436.00
216476 8/21/07 14,038.02
216477 8/21/07 272.55
City of National City
WARRANT REGISTER # 8
8/21/2007
Payee
DAY WIRELESS SYSTEMS (20)
DEPARTMENT O1' JU51'ICI'.
DOKKEN ENGINEERING
ESGIL CORPORATION
ESGIL CORPORATION
EXPERIAN
FEDE:X
EON JON KENNELS
(GEOR(iE L. ZAMARO
GROSSMAN PSYCHOLOGICAL. ASS
IIANSON AGGREGAI'ES PACIFIC
1_ARRIS & ASSOCIATES
III{SIIION MEDIA
HORI/ON HEALTH I.AI'
ICONS SI IOW PRODUCTIONS
JIM'S GLASS & SCREENS
JUDD ELECTRIC
KAMAN INDUSTRIAL TECHNOI.OGI
LACAL. EQUIPMENT, INC.
LASER SAVER INC
LEXIS-NEXIS
LEXIS-NEXIS
LEXIS-NEXIS
LIEBERT CASSIDY WHITMORE
LOVELL
LYNN PEAVEY
4AINTEX,INC.
Description
RADIO SERVICE AGREEMENT
FINGERPRINTING FOR NEW HIRES
JUNE 2007 SERVICES
PLAN CIIECK SRVC INSPECTION
DEPUTY BLDG INSPECTOR 48 IIRS
CREDIT CHECKS FUR NEW PO EMP
FEDF.X OVERNIGI IT SERVICE
KENNEL FEES FOR T'OI.ICE K9'S
NCPD CHIEF'S COIN
PRE-EMP PSYCHOLOGICAT. EXAMS
EMI ILSION SS I
APRIL. 2007 SRVC-RPLC CK1214907
BAYFRONT EXPO & CONCERT EVENT
EMPLOYEE ASST PROG Al IG'07
ICONS SHOW ANT) TIIE AERIALISTS
GLASS, WINDOW If1 BUS
TROUBLE SIIOOT AND REPAIR
SPROCKETS
UPPER ROLLER
MOP 45725 HOURLY REPAIR LABOR
ONLINE CHARGES FOR JULY 2007
CA CODES 6 IN 2 JULY 2007
DEER MID YEAR RULES
CONSULTANT SERVICES
BAYFRONT EXPO & CONCERT
LAB SUPPLIES
JANITORIAL SUPPLIES
chk no chk date amount
216478 8/21/07 4.561.09
216479 8/21/07 1,522.00
216480 8/21/07 55,501.25
216481 8/21/07 29,670.62
216482 8/21/07 3,120.00
2.16483 8/21/07 194.32
216484 8/2 U07 77.24
216485 8/21/(17 235.00
216486 8/21/07 706.88
216487 8/21/07 3,360.00
216488 8/21/07 176.50
216489 8/21/07 1,729.42
216490 8/21/07 250.00
216491 8/21 /(17 859.20
216492 8/21/07 2,0)0.00
216493 8/21/147 279.71
216494 8/21/07 222.00
216495 8/21/07 180.97
216496 8/21/07 1,515.32
216497 8/21/07 222.52
216498 8/21/07 378.29
216499 8/21/07 19.58
216500 8/21/07 19.58
216501 8/21/07 1,482.00
216502 8/21/07 2,750.00
216503 8/21/07 2,323.17
216504 8/21/07 3,948.73
2
City of National City
WARRANT REGISTER # 8
8/21 /2007
Pavee
MX LOGIC, INC
NATIONAL. NEIGHBORHOOD WA I ('
NORTHROP GRUMMAN CORPORAT
OFFICE: PAVILION
ONE SOURCE? DIS1RII3U1'ORS
PBS&J
PERRY FORD
POWERSTRIDF. BATTERY CO INC
PRO STREET I.IGHTINC i INC.
PROGRESSIVE SOLI l I'1(>NS INC.
PRUDENTIAL OVERALL. SUPPLY
ZEID
RELIABLE SPRING & Sl iS1'I?NSION
RON BAKER CHEVROLET-GE.O-ISI !
SAN DIEGO AUDIO VIDEO, INC
SAN DIEGO PET & LAB SUPPLY
SILVA
SOU'FIIERN CALIF TRUCK STOP
I'S & SIGNS
TAKE CEIARGE FITNESS
TARGET SPECIAI; I'Y PRODUCTS
TAR111.1.1 TIRE SAN DIEGO INC
TETRA TECH ISG Itl
TIIE REGIONAL TRAINING CENTER
THE SAN DIEGO UNION TRIBUNE
THE STAR NEWS
TOM MOYNAIIAN
Description
MAIL FILTER AND WEB FILTER SVCS
WINDOW WARNING DECALS
NGIT BASIC SOFTWARE MAINTENANCE
MISC TOOLS FOR PURCII FURNITURE
MOP 1167256 ELECTRICAI. SUPPLIES
ON -GOING SEWER BILLTI AX ROLL
LABOR, REPLACE A!C COMI'RI.SSOR
BATTERIES
TINT, 5%, REAR WINDOW
THERMAL PAPER
MOP 45742 TOWEL, BATI1 WI II'IT.
REFUND B/I. HOME OCCI II'ATION
REBUSH 4 TOROTH', ARMS
MOP #45751 SHADE.
CASSETTE TRANSFER TO CD
MOP 45753 K-9 CARE AND SUPPLIES
CRA'S 2007 LEGAL ISSUES SYMPSM
MOP 1145758 ULTRA LOW SULFUR
BANNER 5 X 5 WITH LOGO OF NC
ON-LOCA77ON GRP FITNESS
TSP FIELD DAY SEMINAR
MOP 1147940 FLAT TIRE REPAIR
DEPOSTI'# 1 1 11 1821-1827 C AVENUE
TWO DAY WORKSHOP/REEDER M.
CUT ONE YEAR SUBSCRIPTION
PUBLICATION OF PUBLIC HEARING
MOP7145734- TOWING CHGS
chili no chk date amount
216505 8121/07 441.00
216506 8/21/07 113.44
216507 8/21 %07 50,450.40
216508 8/2.1107 548.24
216509 821/07 374.98
216510 8/21/07 20,744.46
216511 8i21 /07 1,048.74
216512 8%21/07 624.95
216 513 8/21/07 260.00
216514 8/21/07 147.19
1..16515 8/21/07 76.40
216516 821/07 338.00
116517 8/21;07 260.00
216518 8/21/07 140.79
216519 8/21/07 80.81
216520 8/21/07 778.68
216521 8121/07 225.71
216522 8/21/07 106.01
216523 8/21/07 125.07
216524 8/21/07 560.00
216525 8121/07 160.00
216526 8/21/07 124.00
216527 8121/07 750.00
21632.8 8/21/07 285.00
216529 8/21/07 161.48
216530 8;211117 117.88
2165 i 1 8/21107 50.00
.i
City of National City
WARRANT REGISTER # 8
8/21/2007
Pee Description chk no chk date amount
TOPP.CO PRODUCTS MOP II63849 TERMINAL. BATTERY 216532 8/21/07 51.29
TURF STAR WATER PUMP 216533 8/21/07 218.13
UNDERGROUND SERV ALERT 1 TNIERGROUND SVC ALERT CHGS 216534 8/21/07 208.00
VALLEY INDUSTRIAL SPECIALTIES MOP #46453 PLUMI3ING SUPPLIES 216535 8/21/07 186.29
VCA MAIN ST ANIMAL HOSPITAL K9 VE1' CARE 216536 8/21/07 196.48
VISTA PAINT GRAFFITI PAINT 216537 8/21/07 377.08
VISTA PAIN. MOP 68834 MATERIALS & SUPPLIES 216538 8/21/07 264.50
WESTERN PUMP, INC TANK STICK, 16' OVERALL LENGTH 216539 8/21107 23.71
WESTPLLX INDUSTRIAL MOP 63850 MATERIALS & SUPPLIES 216540 8/21/07 719.65
WILLY'S ELECTRONIC SUPPLY MOT' 45763 COMPUTER SUPPLIES 216541 8/21107 207.50
WPD WIPER UI.AI)LS 216542 8/21/07 169.17
'ANNANTUONO RAYERONT EXPO & CONCERT 216543 8/21/07 150.00
Total $ 1,661,234.32
Workers compensation checks
13493 8/15/07 453.98
13494 8/15/07 198.3')
13495 8/15/07 250.00
13496 8/15/07 110.50
13497 8/15/07 87.98
13498 8/15/07 2,357.00
13499 8/15/07 85.29
13500 8/15/07 68.62
13501 8/15/07 53.71
13502 8/15/07 68.62
13503 8/15/07 359.67
13504 8/15/07 97.5
13505 8/15/07 331.24
4
City of National City
WARRANT REGISTER # 8
8/21/2007
Payee
Description
chk no chk date amount
13506 8/15/07 618.64
13507 8/15,07 15.00
13508 8/15/07 0.11
13509 8/15/07 275.37
13510 8/15/07 84.73
13511 8/15/07 160.66
13512 8/ 15i117 78.40
1.3511 8/I5/07 69.89
13514 8115/07 975.33
13515 8/15/07 20.19
13516 8/ 15. /7 400.00
13517 8/ 15/07 506.00
13518 8/15107 24.25
13519 8.15.07 2,220.00
13520 8; 15'07 222.00
13521 8/15/07 17.78
13522 8/15/07 400.00
13523 8/15/07 440.00
13524 8/15/07 32.30
13525 8/15/07 678.39
Total $ 11,761.53
Grand Total 1,672,995.85
5
City of National City, California
COUNCIL AGENDA STATEMENT
_./EETING DATE September 18, 2007
AGENDA ITEM NO.
6
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 Nissley
EXPLANATION
Sec attached Explanation.
DEPARTMENT Engineering
EXT. 4386
Environmental Review X N/A
MIS Approval
Financial Statement Approved By:
Finance Director
Revenues will be $25,000 rent per year, with 5% escalation per year for the next five years. Thereafter,
rent will be evaluated based on market rates. (See attached)
Account No. 001-00000-3325
STAFF RECOMMENDATION
OMM
d• �'t he Resolution.
. r
/ COMMISSION R EDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
Lease Agreement
cricket
A-200 (Rev. 7/03)
EXPLANATION
This item came before the Council at the meeting of September 4, 2007. There were
some questions about different aspects of this lease agreement. The following report
explains the project and also provides responses to the questions raised at the last
meeting. 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.
Planning Commission Approval: 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.
Council Notice of Decision: This item also went before the Council for their consideration
and Notice of Decision on June 5, 2007.
The Project Site: The project site is the Louis J. Camacho Recreation Center at 1810
22nd Street in the southem 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 Facade: 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.
At the last meeting, the Council asked the applicant to try and provide improved
aesthetics for the project. The applicant agreed to work on some improvements to the
current facade. The applicant is planning to be at the next Council meeting to present
their proposed enhancements.
Impacts: 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: Co -location of the proposed cellular facility with existing facilities was
explored and attempted by the applicant; however, no viable altemative was located.
FINANCIAL STATEMENT
Future Revenues: The tenant will pay the City as annual initial rent for the Leased
Premises the sum of $25,000 ("Rent"). Tenant will pay the City rent for the first year on
the Commencement Date. Tenant will pay the City 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 will pay the City
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 the property owner and subject to Tenant's
reasonable approval.
Tenant will pay the City 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.
Initial Fees: Tenant will reimburse the City for its reasonable costs and expenses,
including legal fees, incurred by the City 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. Also, with the execution of this Lease, Tenant will
pay the City 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 City of the
signing deposit shall not bar the City from pursuing its remedies under Section 15 if
Tenant defaults in its obligation and duties under this lease.
REVENUE ALLOCATION
Staff recommends that the revenues from this lease agreement not be segregated.
Instead, it is recommended that the revenues be allocated to the General Funds where
the City has maximum flexibility in its expenditure.
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 throughout the region to provide increased
service to their subscribers; and
WHEREAS, because certain regional geological features interfere 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 on file in the office of the City Clerk.
PASSED and ADOPTED this 18th day of September, 2007.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, HI
City Attorney
I,EA SE AGREI?MI Nf
This Lease Agreement ("Lease") is entered into this 18 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 conununications business.
C. Accordingly, the parties are entering into this Lease on the terms and conditions set krrth
below.
AGREEMENT
In consideration of their mutual covenants, the parties agree as follows:
1. Leased Premises. Landlord leases to Tenant and Tenant leases lronn Landlord a portion
of Louis J. Camacho Gymnasium 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 antcruna
from that authorized by City of National City Planning Commission Resolution No. 9-
2003 which is attached hereto as Exhibit "1)".
Landlord 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 atter 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 c:ormminications 1 (.case Agrcemcnt
Camacho Gym
s6Preirmizs
2. Term. The term of this Lease shall be five (5) years, commencing on August 22 2007
(the "Commencement Date") and ending August 21, 2012. Provided that Tenant is nut in
breach of any of the portions of the provisions of this Lease, Tenant may extend the
initial tern of this Lease for four (4) successive live (5) year terms, 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 (3(.)) 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 (.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 be 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 live
percent (S%) each year. Beginning with the filth 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.
b. Tenant shall pay Landlord a late payment charge equal to live 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)/0) per month or the highest rate permitted by law.
c. If this !.ease 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 this
lease by 'fcuant, the balance of all prepaid Rents shall he refunded to the Tenant.
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 before the date of termination, and shall repair any damage
City of National City/Cricket Communications 2 Lease Agreement
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to leased Premises and its landscape or hardscape caused by such equipment,
normal wear and tear excepted, all at Tenant's sole cost and expense. Any such
property or facilities which arc not removed by 'Tenant within sixty (60) days of
the termination of the lease term shall become the properly 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, be removed by Landlord
within sixty (60) days of termination of the Lease at Tenant's expense, with
Tenant reimbursing Landlord for the costs of removal within thirty (30) days after
such costs are incurred by Landlord.
e. '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 Lease. 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 payrnent of property
taxes levied on such interest. Tenant further agrees to pay any and all property taxes, if
any, assessed during the term of this Lease pursuant to Section 107 and 107.1 of the
Revenue and Taxation Code against Tenant's posscsory 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 does 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. The 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.
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 City/Cricket Communications 3 I.ease Agreement
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will interfere with 'Tenant's Antennae Facilities, then Tenant must notify the
Landlord in writing of its findings no later than twenty days alter 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 intcrlcre 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 he 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/receiving 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 tindings 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.
Ilowever, 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.
City of National City/Cricket Communications 4 Lease Agreement
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d. 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.
e. '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 gymnasiun 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 manner 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. 1f not specified in CUP 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 Budding 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 he responsible for any environmental review relating to such
improvements or site preparations subject to landlord's approval. All
improvements shall he constructed 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 (.'on(litional 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,
City of National City/Cricket ('ommunications 5 Lease 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 Antennae 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. The 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
Antcrunac Facilities.
e. Tenant shall provide Landlord with copies of all tests reports, and records
pertaining to the equipment, which arc conducted by or on behalf of Tenant within
thirty (30) days after finalization of each test, record, or report.
City of National (:ity/Cricket Communications 6 Lease Agreement
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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 (CPUC).
g-
Mach 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 Antennae Facilities from time to
time without the prior written approval of Landlord, provided that (1) the replacement
facilities are 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 1Jse 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, al 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-
d. 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 tnay occur during
painting, construction or alteration process.
10. Premises Access.
City of National City/ClicketCommunications 7 '.ease Agreement
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a. Tenant is hereby given and granted a license for ingress and egress to the (.eased
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.
b. 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 Eneroaclunent 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 he consistent with the plans approved
by National City Planning Commission 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 are being met. In exercising this right of access to the I .eased Premises,
Landlord and its employees, agents or contractors shall not damage nor interfere
with Tenant's equipment or ongoing operations therein.
1 I. Utilities. Lessee shall have the right to install utilities, at i,essee'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
sleeving 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 subineter 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
annual 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 from 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 Lessor
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 he permitted to install,
City of National City/Cricket Communications 8 Lease Agreement
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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 be
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, tees, charges, taxes and expenses required for licenses and/or
permits required for or occasioned by Tenant's use of the I.,eased 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 be 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 Resolution 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 L,andlord's Property that are communications carriers are deemed
covered by the provisions of Section 5(a) and 5(h) 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, Antennae 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 Leased 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 be
eliminated within thirty (30) days, Landlord may terminate this Lcase.
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
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this Lease and does not cure such other default within thirty (30) days alter 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 commences such cure within said thirty (30) day period and thereafter diligently
pursues such cure to completion; or if Tenant abandons or vacates the Leased 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 he 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 laws 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 1 ,eased Premises, as
determined by an independent qualified appraiser retained by landlord and
City of National City/Cricket ('ommunications 10
lease Agreement
('amacho 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 f andlord. 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 he 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 Landlord. If only a portion of the Leased
Premises is taken by eminent domain, and Tenant elects not to terminate this (..case 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 Liability. Landlord shall not at any time be liable for injury or
damage occurring to any person or property hum any cause whatsoever arising
City of National City/Cricket Communications 1 1
Lease Agreement
Camacho Gym
out of Tenant's construction, maintenance, repair, use, operation, condition or
dismantling of the Leased Premises or'1'enant's Antennae Facilities.
Indemnification. Tenant shall; at its sole cost and expense, defend, indemnify and
hold harmless landlord and its officials, boards, commissions, employees, agents,
attorneys, and contractors (hereinafter referred to as "indemnitees"), from and
against:
Any and all liability, obligation, darnages, penalties claims, lien, costs,
charges, loses and expenses including, without limitation, reasonable fees
and expenses of attorneys, expert witnesses and consultants), which may
be imposed upon, incurred by or he asserted against the indemnitees 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 he in any way connected with the constniction,
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 indemnitees
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
l.eased 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 tees
and expenses of attorneys, expert witnesses and consultants), which may
be imposed upon, incurred by or be asserted against the Indemnitccs 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 United States, including those of the Federal
Securities and exchange Commission, whether by Tenant or otherwise.
iv. Tenant's obligations to indemnify indemnitees under this Lease shall not
extend to claims, losses, and other matters covered hereunder to the extent
('ity or National City/Cricket Communications 12
Lease Agreement
Camacho Gym
such claims arise out of the sole negligence or willful 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
Indemnitees for personal injury or property damage to any person other than from
indeinnitee's gross negligence or willful misconduct) arising out of the Tenant's
installation, operation, maintenance, condition or use of the I3uilding or Tenant's
Antennae Facilities 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.
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:
Worker's compensation insurance meeting applicable statutory
requirements and employer's liability insurance with minimum limits of
One I Iundred Tlrousand 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 limit
for each occurrence of bodily injury, personal injury and property damage.
The policy shall provide blanket contractual liability insurance for all
written contracts, and shall include coverage for products and completed
operations liability, independent contractor's liability; coverage for
property damage from perils of explosion, collapse or damage to
underground utilities, commonly known as X('U coverage.
City of National City/Cricket Communications i 3
Lease Agreement
Camacho 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 he 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
lire, extended coverage and vandalism and malicious mischief insurance
on the Antennae Facilities. The amount of insurance at all tittles shall he
representative of the insurable values installed or constructed.
v. Business interruption insurance coverage in an amount sufficient to cover
such loss 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. Alt policies other than for Worker's Compensation shall be 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 long 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, hoards,
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 he liable, then this policy shall cover such insured against
whom a claim is or may he in the same manner as if separate policies had been
issued to each insured hereunder.
City of National City/Cricket Communications 14 Lease Agreement
Camacho Gym
h. 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 he filled and maintained with
Landlord annually during the term of the i,case. Tenant shall immediately advise
Landlord of any claim or litigation that may result in liability to Landlord.
Cancellation of Policies of Insurance. All insurance policies maintained pursuant
to this lease shall contain the following endorsement:
"At least 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 he 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
carriers and surplus line carriers shall be rated A+ or better by A.M. Best
Company.
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 he furnished by this Lease.
Contractors. Tenant shall require that each and every one of its contractors and
their subcontractors who perform work on the Leased Premises to carry, in full
force and effect, workers' compensation, comprehensive public liability and
automobile liability insurance coverages of the type which 'Tenant is required to
obtain under the terms of this paragraph with appropriate limits of insurance.
m. Review of Limits. Once during each calendar year during the term of this Lease
or any renewal thereof, Landlord may review the insurance coverages to be
carried by Tenant. If landlord determines that higher limits of coverage are
necessary to protect the interests of Landlord or the Additional Insureds, 'tenant
shall be so notified and shall obtain the additional limits of insurance at its sole
cost and expense.
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 1 ettcr of Approval of Substantial Conformance with
City of National City/Cricket Communications 15
I.case 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 remediate the property frotn, 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 attorney's fees, costs and penalties incurred as a
result thereof, except any release caused by the negligence of I,andlord, its employees or
agents. "Hazardous substance" shall be 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 time; and shall be
interpreted to include, but not be limited to, any substance which after release into the
environment will or may reasonably be anticipated to cause sickness, death or disease.
23. Electromagnetic Field EMI') 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, hoards, commissions, employees, agents and contractors from and against all
claims of injuries duc 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
immediately 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. I lolding Over. Any holding over alter 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 he 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 f ,andlord'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 teased 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; (h) 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 Landlord may reasonably request.
30. Notices. All notices, request, demands, and other communications hereunder shall be 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:
City 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 ('ity Boulevard
National City, CA 91950-4301
If to Tenant:
Cricket Communications, inc.,
4031 Sorrento Valley 13ou1evard,
San Diego, CA 92121
Attn: Property Manager
With a Copy to:
City of National City/Cricket Communications 17
Lease Agreement
Carnacho Gym
Cricket Communications, Inc.,
10307 Pacific Center Court,
San Diego, CA 92121
Attn: I .egal Department
31. Assignment.
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, (ii) in connection with the sale, exchange, or
other transfer of Tenant's Federal Communications Conunission ("F(.'C")
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.
h. Nothing in this Lease shall preclude Landlord from leasing other space for
communications 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.
h. This Lease 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 be constnied in accordance with the laws of the State of
California.
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 ofNational City/Cricket Communications 18
Lease Agreement
Camacho 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 Landlord has the legal right and title to
enter into this 1.ease.
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 Lease in the county in
which the Leased Premises arc located.
37. Fixtures. landlord agrees that no part of the improvements constructed, erected or
placed by Tenant on the Leased 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
Leased Premises, the license for access, the Encroachment Permit for utilities, or
Landlord's Property is contaminated with Hazardous Substances, Tenant shall
have the right, in addition to other rights and remedies, to terminate this 1 ,ease
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 ('nmmunications 19 Lease Agreement
Camachn Gym
LANDLORD) I1- NANT
CITY OF NATIONAL CITY, Cricket Communications, Inc., a Delaware
A Municipal corporation corporat
By: _
Ron Morrison
Title: Mayor
By:
Name: Donald R. Simmons
Title: Director of Operations, West Region
Date: _September 4L_2007 I.)ate: �j/07,
APPROVED AS TO FORM:
George If. E iser, III
City Attorney
Date: Sept enter 4, 2007
By: ... 9s ,!
Name: Bi onard
Title: Vice President of Technical Operations
Date:
City of National City/Cricket Communications 20 Lease Agreement
Camacho Gym
18TH STREET
AS PALMAS ELEMENTARY SCHOOL
LOUIS
24TH S'REET
4/ i
NTENNAE = ACIL_TIES
LEGATION
NOT TO SCALE
• JI
LEGAL DESCRIPTION
The .Land referred t.o herein is :;i1:gated 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 Do Lc Nation, in the City of National
c'it.y, County of San Diego, State at California, according to
Map by Morrill No. 166, tiled in tie office of the County
Recorder of San Diego County, May 11, 1969.
Except those portions as granted :.o t:he State of California in
various deeds of record.
End of Legal. Description
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EXHIBIT D
City of National City Planning Commission Resolution No. 9-2003
(Attached)
EXHIBIT "D"
RESOLUTION NO. 35-2007
A RESOLUTION OF THE PLANNING COMMISSION
OF THE ('1TY OF NATIONAL CI I'Y, CALIFORNIA,
APPROVING A CONDI IONA1.1JSE PERMIT
FOR A WIRELESS COMMITNICATIONS FACILITY
IN LAS PALMAS PARK AT 1810 22N1) STREET
APPLICANT: CRICKET WIRELESS
CASE FILE NO. 2007--14 CUP
WIIEREAS, the Planning Commission of the City of National City considered a
Conditional Use Perrnit application for a wireless communications facility in Las Palmas Park at
1810 22'd Street at a duly advertised public hearing held on May 21, 2007 at which time oral and
documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No. 2007-14 CUP maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and ('ity law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, 'THEREFORE, BE 1'1' 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:
That the site for the proposed use is adequate in size and shape, since the proposed
antennas and associated exluipment are to be incorporated into an existing building
and will not increase the footprint of that building, thus not affecting parking or
access.
2. That the site has sufficient access to streets and highways that are adequate in width
and pavement type to carry the volume and type of traffic generated by the proposed
use, since the facility is only expected to generate one to two trips per month for
maintenance staff and is unlikely to have any impacts on adjacent traffic.
That the proposed use will not have an adverse effect upon adjaont or abutting
properties, since the six-inch wide, six-foot tall antennas arc located 175 feet from
the nearest residence, 750 feet from Las Palmas Elementary School, and will not be
noticeable located on the large recreation center building.
That the proposed use is deemed essential and desirable to the public convenience
and welfare, since it will • improve the performance of (Ticket wireless
communications network, resulting in enhanced service for its customers.
BE IT' FtIRTHER RESOI,VEL) that the application for Conditional Use Permit is approved
subject to the following conditions:
1. This Conditional Use Permit authorizes installation of a wireless couununications
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 bile no. 2007-14 CUP, dated April 23, 2007. Additional antennas must
substantially conform with the design for installation shown on these plans.
2. The permitter 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 teclu►ical 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. I3uilding plans shall note that all antennas and rooftop equipment will be paintcx1 to
match the exterior of the building, and will meet (ode 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 oldie wireless facility.
6. Plans must comply with the 2.001 editions of the (.'alifomia Building Code, the
California Mechanical Code, the Calif inia Plumbing Code, the California
Electrical ('ode, 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 conunencement of the construction.
8. Project shall be designed, developed, and constnictexl 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 (;arise 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 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 $5O for a Notice of Exemption or Notice
of Determination, $1,800 for a Negative Declaration or Mitigated Negative
Declaration, and $2,500 for an Environmental Impact Report
11. Before this Conditional Use Permit shall become effective, the applicant shall sign
and have notarized an Acceptance Fonn, provided by the Planning Department,
acknowlexlgu►g and accepting all conditions imposed upon the approval of this
permit. Failure to return the signed and notarized Acceptance Form within 30 days
of its receipt shall automatically terminate the Conditional Use Penna.
12. This permit shall become null and void if not exercised within (onc ycai) after
adoption of the resolution of approval unless extended according to procedures
specified in Section 18.116.190 of the Municipal Code.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the ('ity Clerk prior to 5:00 p.m. on the day of
that City Council meeting. 'Fhe ('ity 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 Manning Commission at their meeting of
May 21, 2007, by the following vote:
AYES: Alvarado, Pruitt, Flores, Reynolds, DeLaPaz
NAYS:
ABSENT: Carri I Io
ABSTAIN: Baca
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RECORDING REQUESTED BY
AND WHEN 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 ("I.essee").
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 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 (5th)
anniversary of the Commencement Date shall have occurred. Lessee shall have the right to extend this Lease for
tour (I) 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.
CITY OF NATIONAL CITY,
A Municipal corporation
LESSEE:
Cricket Corriications, Inc., a Delaware corporation
By: By: --� Ron Morrison Name: Donald R. Simmons
Title: Mayor Title: Director of Operations, West Region
Date: 9/4/07 Date:
APPROVED AS TO FORM: By:
Name: Bi
Title: Vice President of Technical Operations
George H. Eiser, III
City Attorney Date: eN0 4
Date: 9/4/07
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 Naci.on, in the City of National.
City, County of San Diego, State of California, according to
Map by Morrill No. 166, 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.
End of Legal. Description
LESSOR'S ACKNOWI,EIXiEMENT
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 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
instnimcut the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature _
(Seal)
STATE, OE
)SS.
COUNTY OF )
On _ 200 _ before me, , notary
public, personally appeared _ , personally known to inc (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)
LESSEE'S ACKNOWLEDGEMENT
STATE OI•' OKI.AHOMA
COUNTY OF rasri
I certify that 1 know or have satisfactory evidence that Donald R. Simmons and I3i11 J. Leonard
are the persons who appeared before 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:
Print Name: _ey/a3rOlik L tti
My commission expires: O7/ Z001—
City of National City, California
COUNCIL AGENDA STATEMENT
7
MEETING DATE September 18, 2007 AGENDA ITEM NO.
ITEM TITLE Request to Initiate an Amendment of the Downtown Specific Plan Regarding the
Calculation of Floor Area Ratio and Dimensions of Parking Spaces. Applicant: City Initiated. Case File
No. 2007-26 SP.
PREPARED BY
EXPLANATION
DEPARTMENT
Raymond Pe, AICP, 336-4310 Planning
The proposed Specific Plan Amendment would clarify the calculation of floor area ratio (FAR) and
specify parking dimensional requirements for development projects within the Downtown Specific Plan
project area. The attached background report describes the proposed amendment in more detail.
Environmental Review N/A Not applicable for this action. However, if a Specific Plan Amendment is
initiated, the appropriate environmental review will be conducted pursuant to the California Environmental Quality
Act (CEQA) prior to any final action on the proposed amendment.
Financial Statement Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Staff recommends that the City Council initiate the Amendment of the Downtown Specific Plan.
BOARQ COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
I. Background Report
2. Exhibit A — Downtown Specific Plan (Project Area)
A-200 (9/99)
BACKGROUND REPORT
Subject Property
The Downtown Specific Plan project area primarily includes the blocks along National City
Boulevard between Division Street and 16th Street, and the blocks between 7`h Street and Plaza
Boulevard from Interstate 5 to D Avenue (Exhibit A). The project area is approximately 150 acres
in size, and is approximately one mile in length along National City Boulevard and approximately
one-half mile in length along Plaza Boulevard.
Floor Area Ratio
Floor Area Ratio is the totaled area of each floor of a building divided by the lot area on which it
is located. The Downtown Specific Plan does not define "Floor Area" or "Floor Area Ratio."
Consequently, FAR calculations are based on definitions contained in Land Use Code. The
application of these definitions in calculating FAR for development in the Downtown Specific
Plan project area has proved to be problematic for some of the projects that have been proposed.
Specifically, developers have indicated that development potential has been limited because of
the inclusion of (above grade) parking structures in the calculation of FAR.
Underground parking is not included in the calculation of FAR; however, the construction of
underground parking facilities is relatively more expensive than constructing above ground
structures. As a result, more intense development projects such as high-rises may be less feasible
because of higher construction costs for underground parking and/or because of the reduction in
potential floor area that results from building above ground parking structures. An amendment
may propose to exclude parking floor area from the calculation of FAR for development within
the downtown project area.
Parking Standards
The Downtown Specific Plan establishes parking ratios for calculating the required number of
parking spaces for residential and non-residential land uses in the project area; however, the plan
does not specify parking dimensions. The parking regulations contained in Land Use Code have
been applied to project design in the downtown project area. Some of the projects proposed have
had difficulty in meeting these dimensional requirements because of limited design solutions
within parking structures. An amendment may propose reduced parking dimension requirements
in the downtown project area.
Amendment Process
If a Specific Plan Amendment is initiated, staff would conduct an analysis and prepare a report
and recommendation to the Planning Commission for consideration. The Planning Commission
would conduct a noticed public hearing before taking action on a recommendation to the City
Council, which would also conduct a noticed public hearing before taking final action on the
proposed amendment. The appropriate environmental review would be conducted and findings
adopted pursuant to the California Environmental Quality Act (CEQA) prior to any final action
on the proposed ametitltnent,
1 of 2
City of National City, California
COUNCIL AGENDA STATEMENT
8
MEETING DATE September 18, 2007 AGENDA ITEM NO.
( TEM TITLE TEMPORARY USE PERMIT — Dia de Ia Mujer Latina Festival hosted by San Diego MANA
on October 13, 2007 from 10 a.m. to 5 p.m. at Kimball Park.
PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety
EXPLANATION
This is a request from San Diego MANA to conduct the Dia de Ia Mujer Latina Festival at Kimball Park on
October 13, 2007 from 10 a.m. to 5 p.m. This event will use the City's stage for live entertainment. Five
food booths will be on -site, as will 15 resource booths, including face paintings and crafts. Free
mamograms and pap smears will be available at the nearby Boys & Girls Club. Additionally, two (2) mobile
vehicles will be on -site, provided by the American Lung Association and the Blood Mobile.
Security will be provided by the sponsor. Urban Corps will handle all clean up responsibilities.
A waiver of fees is requested. The event and sponsoring organization do not meet the criteria in the City
Council Policy No. 804 for a waiver of fees because the event is not a National City -sponsored event or co-
sponsored event.
Environmental Review X N/A
Financial Statement
Approved By:
Finance Director
The City has incurred $345.00 for processing the TUP through various City departments,
plus $449.00 for the Fire permits and $1593.39 for Public Works fees.
Total fees are $2,387.39. Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval
with no waiver of fees.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution Np:
�1r
Application for a Temporary Use Permlt With recu1xtttfettded appfdVajs and conditions of approval.
A-700 (9/99)
CTI'Y OF NATIONAL CITY
BUILDING AND SAFETY DN:PARi'MENT
APPLiCA'I'ION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS ANI) CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: San Diego MANA
EVENT: Dia de la Mujer Latina Festival @ Kimball Park
DATE OF EVENT: October 13, 2007
TIME OF EVENT: 10:00 a.m. to 5:00 p.m.
APPROVALS:
PLANNING YES x J NO [ ] SEE CONDITIONS [ J
COMMUNITY SERVICES YES [ x J NO 1 1 SEE CONDITIONS [ ]
RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ]
ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS 1 x
PIJBL,IC WORKS YES [ x 1 NO ] SEE CONDITIONS [ x
FINANCE. YES [ x ] NO J SEE CONDITIONS [ x ]
FIRE YES [ x J NO J SEE CONDITIONS [ x ]
POLICE YES [ x ] NO ] SEE CONDITIONS [ x ]
BUILDING & SAFETY YES [ x ] NO 1 SEE CONDITIONS [ x ]
CITY ATTORNEY YES [ x ] NO ] SEE CONDITIONS [ x ]
CONDITIONS OF APPROVAL:
ENGINEERING
N() (.71P Projects in the event's vicinities anticipated as of event. However,
please confirm with Engineering 2 weeks prior to the event to check, modify,
and confirm schedule, if necessary. For more information, please contact
Kenneth Fernandez at 619-336-4388.
POLICE (619) 336-4400
Applicant will need to contact Lt. Fifield who will determine if any additional
security conditions need to be placed or if security plan is okay as is. Contact
I,t. Filield at (619) 336-4514 between 6 a.m. and 4 p.m. on M-Th.
CITY A'I'1'ORNEY
Requires an indemnification and hold harmless agreement, signed by an
authorized agent of the non-profit, and a policy of general liability insurance,
with the City, Parking Authority, and its officials, employees, agents and
volunteers as additional insureds, with amounts of coverage to be determined
by the Risk Manager.
FINANCE. (619) 336-4330
1. A Business License is required IF monies are solicited, admittance charged or
food, beverages or merchandise is sold. The organization holding this event
and each vendor present at this event must have a separate business license.
Vendors currently licensed by the City may operate on their existing license.
2. A list of all participating vendors (with their address, phone number and
current National City business license number) is to be provided to the
Revenue and Recovery Division of the Finance Department two weeks prior
to the event for verification of business license numbers.
3. If any of the vendors or organizations is registered not -for -profit, there will he
no charge for the Business License. However, a Business License certificate
must he obtained for the City Revenue & Recovery Division, Business
License Section. (Note: A clearance fee does apply to non-profit
organizations located in National City that submit an initial business license
application.)
FIRE (619) 336-4550
1. Emergency access to be maintained at all times, into and through the park.
Minimum clear width is to be 20 feet.
2. Tents having an area in excess of 200 square feet and or canopies in excess of
400 square feet or multiple tents and or canopies placed together equaling or
greater than the above stated areas, are to be used, they shall he flame-
retardant treated with an approved State Fire Marshal seal attached. A permit
from the Fire Department must he obtained. Permit fees are $349.00. Fees
can only be waived by the City Council.
3. A minimum $100.00 after hour inspection fee is required for Fire Safety
Inspection conducted after hours, weekends and holidays.
4. Provide metal cans with leads and label "HOT COALS ONLY" for used
charcoal disposal.
5. Provide a minimum of one 2A:10BC lire extinguisher for every three
canopies. If grease and or oils are to he used provide an additional "K" type or
20BC fire extinguisher for each cooking booth.
6. Cooking booths to be a minimum of 144 square feet. Canopies to be flame-
retardant with California State Fire Marshal seal permanently attached.
7. Provide a minimum of one 2A:I OBC fire extinguisher at each stage.
8. Provide a site map indicating the configuration of the area reflecting the
location of the canopies, stages and cooking areas.
PUBLIC WORKS (619) 336-4580
Public Works Department staff has reviewed the application for subject
Temporary Use Permit (TUP) and recommends approval subject to the
conditions listed below:
Street Division
1. Staff will post "no parking" signs in Parking Lot before the event.
2. Staff will leave barricades for Parks Division Personnel to set out.
3. The cost to provide Street Personnel for this event is estimated to be $49.14.
4. This amount should be paid to the City, unless waived by the City Council
• "No Parking" signs, 10 (a; $0.45 each $ 4.50
• Equipment/Truck hours, 1 @ $12.07 per hour 12.07
• Man hours, I @ $32.57 per hour 32.57
• 'Total Costs $ 49.14
Facilities Division
I. Facilities will have one custodian and the electrician available. The electrician will do
the electrical set ups and monitoring, along with helping the custodian do event setups
and general housekeeping.
2. Cost of labor overtime for 2 men is as lbllows:
• 1 custodian, 9 hours (a) $14.84 per hour $133.56
• 1 tradesman, 9 hours (a) $22.21 per hour $199.89
• Total Costs $333.45
Parks Division
1. The event organizers shall provide a trash dumpster for the event.
2. The event organizers shall provide 2 portable toilets.
3. The overtime costs to provide 2 Park Maintenance Personnel for this event is
estimated to be:
• Set up, 4 hours @ $93.15 per hour $ 372.50
• Breakdown, 4 hours @ $93.15 per hour 372.50
• Overtime, 5 hours @ $93.16 per hour 465.80
• 'Total Costs $1,2 1 0.80
Fees
Unless waived by the City Council, the applicant shall pay $1,593.39 for staff costs
associated with this permit request. This cost was estimated as follows:
Street Division
Facilities Division
Parks Division
Total
$ 49.14
$ 333.45
$1,210.80
S1,5_939
RISK MANAGER (619) 336-4370
I've reviewed the application for the proposed use and note that the event will
be held on City property at Kimball Park from 7 am to 7 pm to accommodate
set up and clean up. They anticipate 2000 people in attendance so this is a
larger event. The applicant sponsoring organization, Mana de San Diego. has
signed the Hold Harmless and Indemnification Agreement; however no
insurance certificate has been provided.
For this event, we should require commercial general liability coverage with
minimum limits of one million dollars ($1,000,000) per occurrence and two
million dollars ($2,000,000.) aggregate. Further, the City of National City, its
elected officials, officers, employees and agents must be named as additional
insureds on the CGL policy pursuant to a separate endorsement which needs
to be provided, along with the certificate (acord form) prior to the event.
If the organizer does not have insurance, we may be able to procure the
coverage through a special events program and bill the organizer but I would
prefer to request it from the sponsoring organization first.
Two other comments: I see they will have registered nurses from Paradise
Valley Hospital to stale the first aid booth. They need to ensure that the nurses
are covered either by the hospital or their own liability policies if they provide
care.
Second, security and crowd control is being provided by Nosotros Recovery
Ilome. Without more information, this is unacceptable. Please ask the
organizer(s) to contact me.
Type of Event:
Public Concert _ Fair x. Festival
Parade _ Demonstration Circus
Motion Picture _ Grand Opening Other He
Community Event
- •Block Party
Gir�
Event title: _. 1l \,�12- \ O• { t �`� \R r )—CA 1 1 A-k-} e-SIV \
Evefrt Location: _ \-- \ (`^ G `l Y
tn �7 ZU 6 U
Event Date(s): From [6\ k 3\ to ,'� `\3` Total Anticipated Attendance:
Month/flayiY ear (2-O%Partici pants)
rj\\ (I, SIN Spectators)
Actual Event hours: 1 vlipm to S -� am; m �t'�%�-
Setup/assembly/construction Date: 0117)Ui Start tirne:1'_� A'►4
Please describe the scope of your setup/assembly work (specific detains). SA
A.� (k `t52_, IS`.i(:- o�1St O.JA tx-it~S t,u,• "t.,_.c
_ , __C(wk4-_\96 AILS '-- - -
( �
Dismantle Date: \o \-1 U1 Completion Time: 1,.(_
List any street(s) requiring closure as a result of this event. Include street narne(s), day and
time of closing and day and tirne of reopening. NI
Sponsoring Organization' J` 1 _dk.e.,
Chief Officer of Organization (Name)
Applicant (Namee)n
Add ress.b� �CCUt 61— ---O �r
Daytime Phone. � 1 ���J I' evening Phone. GOl! cam_ .) 1 Say F'ix
Contact Person -on site' da;, of the :r,•el'
Ye‘ For Profit
.Not -for Profit
4
400to0.-yG3i
P Ir:r;l:�llr;lar Cot`)"174)
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFtCtAI.S
Fees
The cost of processing the permit is dependent on the number of departments
that must review the application. The maximum fee is $345. Unless a fee waiver
is requested, the application fee is required at the time of submittal.
The temporary use permit fees for events which are later withdrawn are
nonrefundable
Waiver of Fees
To apply for a waiver of fees the Request for a Fee Waiver must be completed
and submitted with the application. Fee waivers are generally granted for non-
profit organizations that can demonstrate that the event will not generate any
income to the organization, or that the net proceeds of the event will result in:
a) direct financial benefit to an individual who resides or is employed in
the city, and who is in dire financial need due to health reasons or a
death in the family; or
b) direct financial benefit to city government such as the generation of
sales tax;
c) direct financial benefit to a service club, social services agency, or
other secular non-profit organization located within the city such as
Kiwanis, Rotary, Lions, Boys and Girls Club, etc; or
d) direct financial benefit to an organization, which has been the direct
recipient of City or Community Development Block Grants (CDBG)
funding.
Only the City Council has the authority to grant a waiver of fees.
Duration
The Class A Temporary Use Permit will be valid for ten days or as limited by the
City Council.
The permit is valid for the dates specified on the permit only.
Insurance
Where the use of City facilities is involved, the applicant may be required to
provide a certificate of insurance, evidencing combined single limit coverage of at
least $1 million and naming the City of National City and its officials, employees,
agents and volunteers as additional insureds. Amounts of coverage are to be
determined by the National City Risk Manager.
In all cases involving the use of City facilities. the applicant is required to provide
a I lold I larmless Agreement holding the City harmless from liability arising from
the use of the facilities.
Is your organization a "Tax Exempt, nonprofit" organization? YES NO
Are admission, entry, vendor or participant fees required? __ YES(NO
If YES, please explain the purpose and provide amount(s):
$ /0
Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
Estimated Expenses for this event.
__What is the projected amount of revenue that the Nonprofit Organization will
receive as a result u( this event?
Please provide a DETAILED DESCRIPTION of your event. Inctude details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event
'e w`v l� have. \ s
l�rvC +tc ho-44
C-h‘` f��, s IA-t.-Loi,�=,ems �-1�� (\AGn��(t�rU>k4
�-� SCI2e�I G
C\LAA0'lwo S r �
( I 7
WAA. A.- O cI r - t) h61-5 = tic
YLS'
Ni) It the event involves the sale •: t car 'r.,ill the cars Come exclusively from
National City car dealers? If NO !isf any additional dealers involved lit the
sale.
Business Licenses
A business license is required if monies are solicited; admittance is charged; or
food, beverages or merchandise are sold. Each separate vendor must have a
separate business license.
Vendors currently licensed by the City may operate on their existing license. If
any of the vendors or organizations are registered not -for -profit there will not be a
charge for their business license.
A list of all participating vendors (with their address, phone number and current
National City business license number) is to be submitted to the Revenue and
Recovery Division of the Finance Department prior to the event for verification of
business license numbers.
Fireworks
A fireworks permit must be obtained from the Fire Department. The fee for the •
permit is $349.00. The permit must be obtained at least two weeks prior to the
event. The Fire Department has absolute authority, control and decisions over
all fireworks and/or pyrotechnic displays. An inspection from the Fire Department
must be obtained prior to any ignition of fireworks.
Tents or Canopies
A permit is required from the Fire Department to erect a tent excess of 200
square feet or a canopy in excess of 400 square feet or any combination that
exceeds the limits. Tents and canopies shall be treated with a flame retardant
and labeled as such. The fee for the permit is $349.00 and may be obtained
from the Fire Department.
YES NO Does the event involve the sale or use of alcoholic beverages?
YES NO Will items or services be sold at the event? If yes, ylease describe:
YES �C NU
YES
Does the event involve a moving route of any kind along streets, sidewalks or
highways'? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
YES _. NO Does the event involve the use of tents or canopies? If YES:
Number of tent/canopies a_i) Sizes . 0 _f
NOTE A separate Fire Department permit is required for tents or canopies.
yFS _ NO Will the event involve the use of the. (aty_stacle nC PA systemo
In addition to the route map required above, please attach a diagram showing the overall layout •
and set-up locations for the following items:
• Alcoholic and Nonalcoholic Concession andfor Beer Garden areas.
• Food Concession and/or Food Preparation areas
Please describe how food will he served at the event:
1'6 o o c4`-
If you intend to cock food in the event area please specify the method.
GAS '_,,ELECTRIC 'CHARCOAL OTHER (Specify):
Portable andfor Permanent Toilet Facilities
Number of portable toilets _ (1 for every 250 people is required, unless the
applicant can show that there are facilities in the immediate area available to the public:
during the event)
:- Tables arid Chairs
• Fencing, barriers andfor barricades
• Generator locations and/or source of electricity
• Canopies or tent locations (include tent/canopy dimensions)
> Booths, exhibits, displays or enclosures
Scaffolding, bleachers, platforms, stages, grandstands or related structures
• Vehicles and/or trailers
• Other related evert cornponents not covered above
' Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must he returned to a clean
condition.)
Number of trash corns: ZU Trash container:; with lids.
1 )escribe your plan for (:lean -up and rerno' I of waste and garbage duiincl and after the event:
e
1\j L� \ ` \U qZ c3. Sep �' `' C— C-
C c -)- — G \.e C-v.
Please describe your procedures for both Crowd Control and Internal Security1: _
IA�Q
YESr`(_ NO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization: _
Security Organization Address: _
Security Director (Name) Phone _
YES ] - ) Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety of the participants and spectators:
['least: indicate what arrangement you have made for providing f irst Aid Staffing and t•quiprneut.
110,\It.. %
4 f
er
ribsJibe your Accessibility Pid
T, qr0,_
Ptease des
rfor access at your event by individuals with disabilities•
Please provide a detailed description of your PARKING plan:
u.d‘ 26,0--. 90 /6)4 1,c .b1"1,1_
picric describe yourplan for DISAISI 1-) PARKI G
Se c r r/� z sec-4-r �.
C -. PC t L _
4
eflfgr
event:
rAJ�l ie:-Js 9ft
('lease describe your plans to notify all residents, businesses`` and churches impacted by the
aU tYULzr Tv c '
411,-11 a 1,,k, lV e s S i�
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
`ES NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages: __
Number of Bands: _
Type of Music: hG 5 _, '0.____
\ . s _ NO Will sound amplification be used? If YES, please indicate:
YF.S
Start time:
n Finish Time ; w
NO Will sound checks be conducted prior to the event? If YES, please indicate:
Start time: 1 t (�
11 Finish Tune h -��
Please describe the sound equipment that will he used for your event.
ri<
YES 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe:
n
NO Any signs, banners, decorations, special lighting? If YES, please describe:
6c, c,r G: c .
G t ik..P. r S
Revised 08/ 10105
Event:
'Far Office 'Use Only
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
I<alhk; n Tree,i Director
Building X 5aitcly- Gepartrneiit
L1_//67
Ofjr(.ial Title Date
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attach d to this permit.
Organization Pt-t3 ► - (te , qc t✓
J I eLZ
Person in Charge of Activity
Address )��e} Ri cc a f -t)e hie, C.0 • 61.,De 11
Telephone (n6 -A)-7 Lis Date(s) of Use / 31
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
on public or private property, the undersigned hereby agree(s) to defend,
indemnify and hold harmless the City of National City and the Parking Authority
and its officers, employees and agents from and against any and all claims,
demands, costs, losses, liability or, for any personal injury, death or property
damage, or both, or any litigation and other liability, including attorneys fees and
the costs o tigation, arising out of or related to the use of public, property or the
activity take under the permit by the permittee or its agents, employees or
contractors.
Signature of Applicant
AfT—
For Office Use Only
Certificate of Insurance Approved _ _ _ _ Date
Non-profit organizations, which meet the criteria on page v of the instructions, will
be considered for a waiver. If you would like to request a waiver of the
processing fees, please complete the questionnaire below.
1. Is the event for which the TUP is sought sponsored by a non-profit
organization?
YYes (proceed to Question 2)
No (Please sign the form and submit it with the TUP
Application)
2. Please state the name and type of organization sponsoring the event
for which the TUP is sought and then proceed to Question 3.
Name of the sponsorin_g organization M Y ! P-1,1 A- CkQ_
Type of Organization S bct' � e nc.L n
(Service Club, Church, Social Service Agency, etc.)
3. Will the event generate net income or proceeds t the spo coring
organization?
Yes (Please proceed to Question 4)
(Please sign the form and submit it with the TUP
Application)
4. Will the proceeds provide a direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please provide an explanation and details.
No (Please proceed to Question 5)
8
5. Will the proceeds provide a direct financial benefit to city
government such as the generation of sales tax?
Yes (Please provide an explanation and details.
No (Please proceed to Question 6)
6. Will the proceeds provide a direct financial benefit to a service club,
social services agency, or other secular non-profit organization
located within the city such as Kiwanis, Rotary, Lions, Boys and
Girls Club?
Yes (Please provide an explanation and details.
No (Please proceed to Question 7)
7. Will the proceeds provide a direct financial benefit to an
organization, which has been the direct recipient of Community
Development Block Grant (CDBG) funding?
Yes Year funds were received:
Funds were used to:
No (P lease sign the form and submit it with the TUP
Application)
=`�Yi fit (17
Signat}+re � Date
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE September i8 2007
AGENDA ITEM NO. 9
pM TITLE
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF TIIE CITY OF NATIONAi. CI
APPROVING THE ('OMMUNTI'Y BENEFIT LOAN (CBi.) PROGRAM PROVIDING FOR UP TO $15,000 iN A
FORGIVABLE LOAN PER ELIGIBLE BUSINESS FOR BUSINESS IMPROVEMENT PROJECTS WITHIN TIIE
REDEVELOPMENT AREA OF NATIONAL. CITY
PREPARED BY DEPARTMENT
Jacqueline Reynoso (ext. 4293) Economic Development Division
Community Development Coordinator Strategic Action Plan 9A
EXPLANATION
On June 19, 2007, the ('DC of National City (CDC) adopted the preliminary budget for Fiscal Year 2007-08. The
budget calls for an expenditure of $250,000 for the Community Benefit Loan Program under the Economic
Development Division. The proposed program fulfills Action Plan 9A from National ('ity's 5-year Strategic Plan.
The CDC's Community Benefit Loan Program (CBI.) is designed to assist local businesses with financing for
projects that help to improve business activity and stimulate the overall economic vitality of the City. The CBi.
program will provide a forgivable loan to qualified business of up to $15,000 with available terms of up to 5 years. Th
loans are forgivable if the business owner continues to maintain the property pursuant to the loan documents and the
property is not sold within the terms of the note.
The proposed CBL program will be administered in collaboration with the San Diego State University Small
Business Technical Assistance Program and the Southwestern College Small Business & international Trade Center.
'Ilse intent of the Community Benefit Loans is to provide financial incentives and technical assistance to enhance
the economic viability of businesses, promote commercial business opportunities, encourage reinvestments by property
owners and commercial tenants, and improve the overall appearance of commercial areas.
Environmental Review N/A
Financial Statement
iJsc $250,000 in budgeted funds from the Community Benefit Loan Program Balance to fund torgivable loans of up
to $15,000 per eligible business.
STAFF RECOMMENDATION CDC Board adopt the resolution.
L ATTACHMENTS
1. Program Overview and Application
2. Loan Committee Members
3. Resolution
Resolution No.
A-200 (9/80)
RESOLUTION NO. 2007 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY APPROVING
THE COMMUNITY BENEFIT LOAN PROGRAM PROVIDING UP TO
$15,000 IN A FORGIVABLE LOAN PER ELIGIBLE BUSINESS
FOR BUSINESS IMPROVEMENT PROJECTS WITHIN
THE REDEVELOPMENT AREA OF NATIONAL CITY
WHEREAS, On June 19, 2007, the Community Development Commission of the
City of National City (CDC) adopted the preliminary budget for Fiscal Year 2007-08; and
WHEREAS, the budget calls for an expenditure of $250,000 for the Community
Benefit Loan Program (CBL) under the Economic Development Division; and
WHEREAS, the CBL Program will be funded using Tax Increment funds; and
WHEREAS, the program fulfills Action Plan 9A from National City's 5-year
Strategic Plan; and
WHEREAS, the intent of the Community Benefit Loan Program (CBL) is to
provide financial incentives and technical assistance to enhance the economic viability of local
businesses, promote commercial business opportunities, encourage reinvestments by property
owners and commercial tenants within the Redevelopment Area of National City; and
WHEREAS, the CBL Program will be administered by the CDC in collaboration
with the San Diego State University Small Business Technical Assistance Program and the
Southwestern College Small Business & Intemational Trade Center; and
WHEREAS, the CDC will host a Community Benefit Loan Application Workshop
to introduce business owners to the Community Benefit Loan Program, and orient them on how
to properly fill out the Loan Application; and
WHEREAS, the CBL program will provide a forgivable loan to qualified business
and eligible projects of up to $15,000 with available terms of up to 5 years; and
WHEREAS, the loans are forgivable if the business owner continues to maintain
the property pursuant to the loan documents, and the property is not sold within the terms of the
note; and
WHEREAS, all project and loan requests will be formally reviewed by the Loan
Committee comprised of representatives from the CDC, National City Chamber of Commerce,
Neighborhood National Bank, Southwestem College Small Business Development and
International Trade Center, Wells Fargo Bank, and Gateway Pacific Bank; and
WHEREAS, all projects and loan requests will be formally approved by the
Executive Director of the CDC.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby approves the Community Benefit Loan Program
providing for up to $15,000 in a forgivable loan per eligible business for business improvement
projects within the Redevelopment Project area of National City.
-- Signature Page to Follow --
Resolution No. 2007 -
September 10, 2007
Page 2
PASSED and ADOPTED this 18th day of September 2007.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
Community Development Commission
City of National City
Community Benefit Loan (CBI.) Program Overview — September 2007
Program Description
The Community Development Commission (CDC) of National City's Community Benefit Loan
Program is designed to assist local businesses with financing for projects that help to improve
business activity and stimulate the overall economic vitality of the City. The CBL program will
provide a forgivable loan to qualified business of up to $15,000 with available terms of up to 5
years. Loans must be secured by the property to be improved and in some cases, by the personal
guarantees of the borrower(s). The loans arc forgivable if the business owner continues to maintain
the property pursuant to the loan documents and the property is not sold within the terms of the
note.
Program Objective
The intent of the Community Benefit Loans is to provide financial incentives to enhance the
economic viability of businesses, promote commercial busincss opportunities, encourage
reinvestments by property owners and commercial tenants, and improve the overall appearance of
commercial areas.
Administration
Administration of the CDC of National City Community Benefit Loan Program shall be the
responsibility of the Community Development Coordinator of the Community Development
Commission, including evaluating loan requests and processing all applications. The CBL Program
will be funded using Tax Increment funds. Funding is approved each fiscal year during the budget
process. All projects and loan requests must be formally reviewed by the CBL Program Loan
Committee, and approved by the Executive Director of the CDC.
Loan Program Eligibility
• Successful participation in the San Diego State University (SDSU) Small Business
Technical Assistance Program and/ or successful participation in the Southwestern College
Small Business Development and International Trade Center Technical Assistance Program.
Priority will be given to businesses that participated in the SDSU program in the Spring and
Fall semesters of 2006 and 2007, respectively.
• Existing businesses with a demonstrated need for financial assistance that arc located within
the City's redevelopment area. Please view attached map of National City's Redevelopment
Area. Preference will be given to retail establishments.
• Non-profit organizations may be provided with assistance, pending Loan Committee
approval. Non -Profit organizations must prove a significant community benefit.
• Projects must be for the purpose of improving commercial or non-profit real property and
must contribute to the economic development of the City, and/ or improve the quality of life
within targeted areas as determined by the City's Strategic Plan.
Ineligible Use of Funds
• Ineligible businesses are gun stores, liquor stores, pornography stores, massage parlors,
pawn shops, check cashing businesses, cigarette stores, video game and gambling
establishments.
• Expenses incurred prior to loan/grant approval will not be funded through the CBL Program.
• Funds must be used for the work agreed to in the Loan Agreement with the CDC.
Eligible Improvements and Expenses
• Exterior improvement: signage, paint, carpet, doors, fixtures, awnings, window treatment,
ADA accessibility, lighting, security (cameras, gates, etc.), landscaping, parking lot
improvements
• Tenant improvements and Services: rehabilitate interior (paint, furniture or equipment and
machinery that is non -removable and non -personal with a useful life of more than 10 years),
software, marketing materials and services (such as brochure, website design and hosting,
direct mailings, advertising expense), replacement or repair of furnaces, water heaters, air
conditioners, faulty plumbing systems, electrical service or wiring
• Personnel: recruiting/hiring, accounting, and management
Note: Tax increment funds are used for the CBL Program. Whenever such funds are used, either in
whole or in part, �<< 'i '%a mil'''' must be paid for all onsite labor relating to the project.
Any improvements made to the business or property in addition to the CBL project must be
completed prior to starting, or at the completion of the CBL project and is at the expense of the
property owner. If the work is done simultaneously, then prevailing wage must be paid on the entire
project, including interior renovations. For more information, log onto: www.wdol.gov (Davis
Bacon website).
When to Apply
Applications are accepted on an on -going basis as funding is available. Once National City's CDC
current funding allotment is granted, applicants need to wait for the following fiscal year to apply
and will be considered if funding becomes available.
Loan Application Workshop
The CDC of National City will host a Community Benefit Loan Application Workshop to introduce
business owners to the Community Benefit Loan Program and orient them on how to properly fill
out the Loan Application.
Grant Amount Limitations
To ensure that a broad range of business owners have an opportunity to benefit from the forgivable
Community Benefit Loans, a loan may not exceed $15,(XX). An applicant may not apply twice in
one fiscal year without first obtaining special Loan Committee approval. The number of grants
approved is limited by the amount of National City CDC Community Benefit Loan Program
funding available at the time the application is approved.
Application Process
Upon receipt of the complete application, the CDC of National City will review the request and
supporting documents for compliance with loan eligibility. Applications will then he reviewed by
the Loan Committee. The applicant will receive an approval, denial, or request for more
information letter from the Executive Director of the CDC of National City.
Loan Processing Fees
Fees and costs incurred by the City to process the loan application shall be paid by the applicant at
closing. These may include appraisal fees, credit checks, title search fees, or other fees which are a
necessary part of the loan application process.
Selection Process
Projects eligible for forgivable Community Benefit Loans must meet Loan Program Eligibility
requirements and will be assessed based on project criteria as outlined in the loan application.
Priority will be given to projects that contribute to the economic viability of businesses, promote
commercial business opportunities, encourage reinvestments by property owners and commercial
tenants, and improve the overall appearance of commercial areas.
Loan Approval
Loans in amounts below the currcnt City Council threshold shall be approved by the Executive
Director of the CDC, or his designee, upon Loan Committee recommendation. Upon final
approval, the applicant will 1) Sign a Loan Agreement with the CDC of National City to include the
scope of work to be performed and the terms of the loan, 2) fill out an lI 'a ^ s for CDC of
National City records and 3) understand the reimhursement forms and loan requirements.
Loan Closing/ Notice to Proceed
Loan documents will be executed between the borrower and the CDC of National City (e.g. Note,
Loan Agreement, Deed of Trust, and any other document appropriate to the specific project).
Loan Requirements
Each loan will have terms and conditions specific to the project. Because the CDC of National City
is committed to creating a healthy, well-rounded community, it is important that loan recipients
adhere to the terms of the loan and demonstrate solid business practices and ethical standards,
including but not limited to:
• Maintain an inviting, clean, and attractive window display
• Report annual statistics on property investment and job creation to the CDC of
National City
• Pay prevailing wage to all subcontractors and hire locally whenever possible
• Expend loan funds by the end of the following fiscal year (June 30th of the year
following your loan approval). For example, if your loan was awarded in March
2007, you must use your loan by June 30, 2008.
Reimbursement Process
All loans are administered by the CDC of National City. Applicants must submit all required
reimbursement forms, supplemental and supportive materials as outlined in the Community Benefit
Loan Program Application. These materials will not be returned. Staff will review the documents
and conduct a walk through of your business to make sure that all work was completed as agreed
upon. Funds will only be disbursed upon completion of the required work and the submission of all
necessary documentation. Project expense reimbursements may take up to 30 days.
Loan Servicing
Loan servicing shall be the responsibility of the CDC of National City, commencing with the loan
closing and terminating either at the time the loan is forgiven in entirety or is paid in full.
3
Community Benefit Loans shall begin forgiveness of annual debt service a 41 from
date of recordation of the deed of must.
Default
CDC staff shall send a letter to the borrower in the case of default on the loan account or a breach of
contract to the agreement. In the event of failure to use the funds received for work agreed upon in
the legal agreement, the account will he referred to the City Attorney's Office. If a satisfactory
solution is not found and agreed to, the City Attorney's Office may, at its discretion, initiate formal
legal procedures. The borrower will be subject to all remedies available by law.
Delinquency
In the event of delinquencies, the loan provider shall commence collection of the delinquent account
using CDC staff and/or City Attorney staff as deemed appropriate. Loan service provider shall send
past due notices and assessment of late charges to all accounts.
If you have any questions regarding this loan program, please call Jacqueline Reynoso at (619) 336-4293 or
e-r ail jreynosoCci.national-city.ca.us. Thank you.
11
Community Development Commission (CDC)
City of National City
Forgivable Community Benefit Loan Program
Application
Package
Return Applications To:
Jacqueline Reynoso
Community Development Coordinator
Economic Development Division
1243 National City Blvd.
TEL: 619-336-4293
FAX: 619-336-4286
jreynoso@ci.national-city.ca.us
5
CDC of National City
COMMUNITY BENEFIT LOAN PROGRAM
BUSINESS FINANCIAL REVIEW
BUSINESS FINANCIAL INFORMATION (NEEDED WHEN BUSINESS RECORDS ARE SEPARATE FROM
INDIVIDUAL RECORDS).
O Signed previous three fiscal year-end business financial statements. If available from a CPA, please
include the Opinion Letter, schedules, and footnotes.
O Signed current interim financial statement on business to include balance sheet and profit and loss. Please
provide printed or typed data. Balance sheet must include supporting details similar to SBA financial
statement
O Signed, previous three year-end business tax returns complete with all schedules.
INDIVIDUALS/GUARANTORS FINANCIAL INFORMATION
O Current and signed personal financial statement on each individual or owner. Assets and liabilities are to
be fully disclosed with terms and obligations. Must use format that includes same detail schedules as the
attached SBA personal financial statement. Make sure no spaces are blank, use N/A when not applicable.
O Signed, previous three years personal tax returns for individuals and each owner with 20% or more
ownership including depreciation, K-1's and all other schedules.
O Monthly personal expenditures and budget information. Use attached Personal Budget Analysis Form for
needed information.
OTHER NEEDED INFORMATION
O If Corporation, Partnership or other legal business structure complete section below.
O Business plan (only required for business Tess than 18 months old).
O Final Consultation Report from San Diego State University or Consultation Report from the Small
Business Development Center
O Explanation of the project (description of improvements, timing, etc.)
O Identify the Source and the Proposed Use of funds. Uses attached Project Funding Analysis Form for
required information. Please note: All Contractors quotes must conform to State of California SB
975 prevailing wage regulations.
O Applicable bid (minimum of 3) contracts for project. All bids must include a signed statement that contracts
adhere to State of California SB 975 prevailing wage regulations.
O Permits & Licenses (Business License, Building Permit, Occupancy Permit, etc. as applicable). Funds will
not be released until all permits and licenses have been obtained.
O Explanation of planned capital expenses during the upcoming twelve months.
O Complete attached form Authorization for Credit Checks, Title Searches, Appraisals, etc. for Owners and
Spouses with ownership of 20% or more.
O Description of the property to be improved and pledged as collateral (include legal references of property
and ownership such as a copy of Deed of Trust, assessor's parcel number and description, etc.).
O Copy of any existing lease (as lessee and/or lessor) related to the property to be improved and pledged as
collateral.
CORPORATION, PARTNERSHIP OR OTHER LEGAL BUSINESS STRUCTURE INFORMATION
If Borrower is a Corporation
O Corporate By -Laws
❑ Articles of incorporation
❑ Resolution to Borrow
If Borrower is a Partnership (including informal partnerships)
O Partnership Agreement (if available)
❑ Certificate of Partnership (if available)
❑ Borrowing Authority (REQUIRED STATEMENT IF MINORITY PARTNERS ARE NOT SIGNING LOAN DOCUMENTS)
If Borrower is operating under other legal structure (trust, etc.)
O Legal trust (other) agreement
in Signed Borrowing Authority
1
Business Loan Application
Applicant Name
E-mail Address Phone Fax
Company Name
Address City State Zip__________
Federal Tax ID or Social Security Number:
Type of Business Date Established
Type of Entity (Check One) ❑ Corporation n Partnership LI LLC J Proprietorship
Status of Applicant (Please check one):
_ Property owner with vacant facility
Property owner with tenant business
Property owner/ operator of existing business on property
Company Ownership and Management
Name Title
Name Title
Name Title
Name Title
% or Ownership
or Ownership_..________.
% or Ownership
or Ownership_
Project Request
Loan Amount
Use of Funds
Leasehold Improvements
Machinery & Equipment
Vehicles
Working Capital
Inventory/Supplies
Other
Collateral Available
Site Location
Sources of Funds
Applicant's Equity
Bank Financing
Private Lender
Placer County
CDC Loan
Other
Describe real estate, vehicles, or business assets which may be pledged to support your request.
g
Property/ Business Information
1. Address of property/ business to be improved:
2. Year Built:
Square Footage Parcel Number
3. Is this an Historical Register Building: Yes No (check one)
Is this is a building of known local significance Yes No (check one)
4. Describe work to be completed.
5. Proposed start date: Proposed completion date:
6. Number of Employees Sales Tax Revenue Generated this Year
7. Please indicate how many full-time (FT) and part-time (PT) jobs will be Retained or Created once
the project is completed?
Retained Created
Officials & Managers FT PT _ FT PT
Professionals FT __ PT FT PT
Technicians FT PT FT PT
Sales FT PT FT PT
Office/Clerical FT PT FT PT
Craft (Skilled) FT PT _ FT PT
Operations (Semi -skilled) FT PT FT PT
Laborers (Unskilled) FT PT _ FT PT
Service Workers FT PT FT PT
8. Attended a Loan Application Orientation Workshop
9. Project Criteria
Yes No (check one)
Yes No Participated in the San Diego State University Small Business Technical
Assistance Program
Yes _ No Participated in Southwestern College's Small Business Development &
International Trade Center Technical Assistance Program
Yes No Tenant Business has a current Business License issued by National City
Yes No Is located within the City's Redevelopment Area?
Yes No Generate sales tax revenue, if yes, please include the projections:
Yes No Creates Additional Jobs? If yes, how many? Part Time Full Time _
Yes No Located within a Community Benefit District and is in good standing
Yes No Applicant has prior business experience in ownership or management
Yes No Business has a developed business plan and marketing plan in place
Yes _..._ No Applicant's business complies with all ADA accessibility guidelines
Yes No Business is a conforming use permitted in the Redevelopment Area
Yes No The business had been in operation for more than 5 years
Yes No The business has been in operation for more than 10 years
Yes No The business has been in operation for more than 15 years
Yes No The business agrees to participate in the Comprehensive Storefront
Improvement Program
Yes No The business provides longer business hours to serve customers? Hours of
Operation? AM to PM
Yes No The business/ project adds to the unique atmosphere of National City
Yes No The business/ project adds to the overall economic vitality of commercial area
Yes No The business/ project creates a synergy with existing businesses
Yes No The business/ project demonstrates compatibility with neighboring businesses
Yes No Business/ project supports pedestrian oriented activities and interaction
Yes No Business/ project enhances physical appearance of the commercial area
Yes ._No Business/ project enhances safety of commercial area/ community
Yes No Business/ project enhances quality of life for residents of National City
1 certify that the information contained in this application is true and accurate. 1 submit this forgivable loan
application with full knowledge of the application process and 1 understand that 1 am not guaranteed a forgivable
loan or funding for my project. If my project Is approved and funded, 1 understand that I will be reimbursed for
approved costs under the terms of the grant.
Applicant Signature Date Signed
Tenants requesting assistance to perform work to the property must have authorization by the
property owner to participate in the program.
Property Owner Date Signed
Or
Tenant Responsible for Property Improvement Work Date Signed
Ip
FINANCIAL STATEMENT
As
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Name
Business Phone
Residence Address
Residence Phone
City, State, & Zip Code
Business Name of Applicant/Borrower
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Cash on hand & in Banks
Savings Accounts
IRA or Other Retirement Account
Accounts & Notes Receivable
Life Insurance- Cash Surrender Value Only
(Complete Section 8)
Stocks and Bonds
(Describe in Section 3)
Real Estate
(Describe in Section 4)
Automobile - Present Value
Other Personal Property
(Describe in Section 5)
,ther Assets
(Describe in Section 5)
Total
$ —
Accounts Payable
Notes Payable to Banks and Others
(Describe in Section 2))
Installment Account (Auto)
Mo. Payments $340
Installment Account (other)
Mo. Payments $
Loan on Life Insurance
Mortgages on Real Estate
(Describe in Section 4)
Unpaid Taxes
(Describe in Section 6)
Other Liabilities
(Describe in Section 7)
Total Liabilities
Net Worth
Total
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$,
$
$
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ry -_
Salary
Net Investment Income
Real Estate Income
Other Income !Describe below)'
$
As Endorser or Co -Maker
Legal Claims & Judgments
Provision for Federal Income Tax
Other Special Debt
$
$
_____
$
$
$
$
$
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Alimony or child support payments need not be disclosed in Other Income unless it is desired to have such payments counted toward total income.
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Number of Shares
Name of Securities
Cost
Market Value
Quotation/Exchange
Date of
Quotation/Exchange
Total Value
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Type of Property
Address
Date Purchased
Original Cost
Present Market Value
Name &
Address of Mortgage Holder
Mortgage Account Number
Mortgage Balance
Amount of Payment per Month/Year
Status of Mortgage
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1 authorize SBA/Lender to make inquiries as necessary to verify the accuracy of the statements made and to determine my credfivorthiness. I certify the
above and the statements contained in the attachments are true and accurate as of the stated date(s). These statements are made for the purpose of
either obtaining a loan or guaranteeing a ban. I understand FALSE statements may result in forfeiture of benefits and possible prosecution by the U.S.
Attomey General (Reference 18 U.S.C. 1001).
Signature: Date: Social Security Number:
Signature: Date: Social Security Number:
r .Qattiea$t>,TAte Tjie:ttsLrtat a�!$ragek4ftlen forth eipt'ot'itJst i 'S iwSfJ �Dey�resPM99^fi e �i q rs�rt- fiM�[Feo `i •+.1 ,t j.
t �$ rasdectn'y OLV
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AUTHORIZATION FOR CREDIT CHECKS, TITLE SEARCHES, APPRAISALS, ETC.
To Whom This May Concern,
(we) authorize the Community Development Commission of the City of National City and/or its agent(s) to run
credit and lien checks, title searches and title reports (if applicable), and appraisals (if applicable) on
(Applicant) (s), and its shareholders with over 20% ownership in the
business, and their spouses. The checks, searches and appraisals are for the purposes of evaluating the
Applicant's application for a loan from the CDC of National City and the applicant will pay for all costs
associated with these activities.
Federal Tax ID:
Shareholder #1 Name
Shareholder #1 Spouse Name
Shareholder #2 Name
hareholder #2 Spouse Name
Shareholder #3 Name
Shareholder #3 Spouse Name
Shareholder #4 Name
Shareholder #4 Spouse Name
Ownership SS# Date of Birth
SS# Date of Birth
Ownership SS# Date of Birth
SS# Date of Birth
Ownership SS# Date of Birth
SS# Date of Birth
Ownership SS# Date of Birth
Name of Authorized Signer, Title (Please Print)
SS# Date of Birth
Signature of Authorized Signer Date
13
Authorization to Release Information
1/We hereby authorize the release to Community Development Commission (CDC) of National City, any and all
information that they may require at any time for any purpose related to our credit transaction with them. 1/We furthe_
authorize the Agency to release such information to any entity that they deem necessary for any purpose related to our
credit transaction with them.
1/We hereby certify that the enclosed information (plus any attachments or exhibits) is valid and correct to the best of
my/our knowledge.
Signature of Applicant
Name of Applicant
Signature of Spouse
Name of Spouse
Social Security Number Social Security Number
Date of Birth Date of Birth
Residence Address Previous Residence Address
Street Street
City, State, Zip City, State, Zip
Name of Corporation Name of Corporation
Business Address Business Address
Street Street
City, State, Zip City, State, Zip
"SAME:
PERSONAL BUDGET ANALYSIS
SPOUSES NAME:
Monthly Income
NET SALARY:
SPOUSAL SALARY:
OWNER DRAW:
RENTAL INCOME:
INTEREST INCOME:
OTHER:
OTHER:
TOTAL MONTHLY INCOME:
Monthly Expenses
MORTGAGE PAYMENT:
AUTO LOAN:
• INSTALLMENT PAYMENTS:
CREDIT LINES/CARDS:
UTILITIES AND PHONE:
INSURANCE:
FOOD:
CLOTHING:
CHILD CARE:
CONTINGENT LIABILITIES:
OTHER:
OTHER:
TOTAL MONTHLY EXPENSES:
I/We hereby certify that the above information is valid and correct to the best of my/our knowledge.
SIGNED:
SIGNED:
DATE:
DATE:
PROJECT FUNDING AND PERSONAL BUDGET ANALYSIS
NAME
SPOUSE'S NAME
Part I Project Needs (Describe the intended use of funds and the source of the funds)
Funds needed for:
Legal and Miscellaneous Fees:
TOTAL FUNDS NEEDED
Anticipated Source of Funds:
Bank Name Term length of loan and Interest Rate
AMOUNT
$
$
$
AMOUNT
$
$
Owner's funds (Identify if from Cash, Accounts Receivable, sale of assets, etc.)
$
$
TOTAL FUNDS OBTAINED (Must equal the Funds Needed amount) $
Part II Estimated Monthly Personal Expenses
Food $__ Credit Card Payments $
Utilities and Phone $_._ .. Car Payments $
Ilealth Insurance $ Installment Loans $
Child Care $ Installment Loans $
Clothing $ Home Mortgage $
Repairs and upkeep $ 'Tome 2"d Mortgage $
Donations, Vacations, Recreation, Gifts $ Other Loan payments S
Rental expenses $. Other obligations $
Misc. (College fund, savings plans etc) $ TOTAL EXPENSES $
3orrower:
LOAN SOURCES AND USES OF FUNDS
Sources of Funds Uses of Funds
Applicant's Equity $ Exterior Improvements $
Bank Financing $ Tenant Improvements/Services $
(paint, furniture, equipment, software, marketing)
Private Lender $ Personnel $
CDC Loan $ Other Use: $
Sources Total $ Uses Total $
Collateral Available:
Describe real estate, vehicles, or business assets, which may he pledged to support your request.
Applicant Signature Date Signed
11
LOAN INFORMATION CHECK LIST
Borrower:
The following is the type of information that may be requested.
1. Business Information:
Completed Loan Application or Letter of interest related to loan program
Resume(s) of Principal(s) (those with 20% ownership or more)
Articles of Incorporation/By-Laws
Partnership Agreement
Franchise Agreement
Fictitious Name Statement
2.
Project Information:
Preliminary Improvement Plans
Cost Estimates for Business Improvements (including Prevailing Wages)
Lease Agreement(s), or Evidence of Ownership
Design Review Approval (if applicable)
Applicable Permits and Licenses (prior to loan funding)
Sources and Uses of All Funds into the Project (all contract quotes must conform to
California State Law and SB 975 Prevailing Wages Regulations)
3. Financial Information:
a. Business
Financial Statements (Balance Sheet and Profit & Loss) or Federal Tax Returns for
past three (3) years
Current Financial Statement (Balance Sheet and Profit & Loss within last 60 days)
Aging Schedules of Accounts Receivable/Payable (same date as Balance Sheet)
Income and Cash Flow Projections for next year (if in business less than two (2) years)
b. Personal:
Current (within 60 days) Personal Financial Statements of Principal Owner(s)
(normally those with 20% Ownership or more)
Individual Federal Tax Returns of Principal(s) including depreciation,
K-1's and all schedules for past three (3) years
4. Other Information:
Authorization for Credit Checks, Title Searches, Appraisals, etc.
_ Authorization to Release Information
Corporate Resolution to Borrow (prior to loan funding)
Reimbursement Form with supplemental and supportive documents.
OR in
Certification of completion of technical assistance program/ consultation
CDC OF NATIONAL CITY
COMMUNITY BENEFIT LOAN PROCESS
1. Receive Certification for Participation in the SDSU Small Business Technical Assistance
Program or Certification of participation in the Southwestern College Small Business
Development Center Business Consultation
2. Participate in the Community Benefit Loan Program Orientation Workshop (optional)
3. Application completed and turned in.
4. Preliminary project description reviewed for eligibility and discussed with applicant. City
staff photographs the site.
5. If applicable, bids and all appropriate documentation should be turned in together so that
the City can review the bids. Bids must state prevailing wages to be paid. In most
cases, the low bidder will be selected.
6. Once all bids and supporting documentation is submitted and a determination of loan
eligibility is made, the loan paperwork is submitted to the Loan Committee for funding
consideration.
7. The Loan Committee will provide their loan recommendation to the Executive Director of
the CDC of National City for final loan approval. The applicant will receive an approval,
denial, or request for more information letter from the Executive Director.
8. If the Loan is approved, loan documents are drawn up and signed by the Borrower and
the CDC of National City. A lien is placed upon the building.
9. A Notice to Proceed is issued allowing contractors to begin work. All required permits
are the responsibility of the property owner. For building permit questions, call (619)
336-4212.
10. Invoices are paid by the City to contractors/ business owners when all required
documentation is received (reimbursement forms, supporting documentation, etc.)
11. Business owner is required to maintain the business/ property pursuant to the loan
documents, or make payments on the loan. At the end of five years, the loan balance is
$0 and the lien is released.
Ig
CERTIFICATIONS
1. Privacy Act Statement
The information that you are providing will be used to determine your eligibility for
financial assistance to improve your business, to determine the amount of
assistance, to aid in the administration of the program, and to facilitate collection of
the loan should it become delinquent. This use of information is authorized under
Public Law. It may be disclosed to your employer(s), your mortgagee(s), retail
consumer credit grantors, and credit reporting agencies for verification of
employment and financial status. It may also be disclosed to financial institutions
providing supplemental rehabilitation funds, local processing agencies for
monitoring and carrying out the program, GAO for audit purposes, and the Federal
National Mortgage Association. It may be disclosed to local agencies, counseling
agencies, credit reporting agencies, your employer, and to Federal and non -Federal
governmental agencies if a violation of the law is indicated. It is voluntary on your
part to furnish the information; however, failure to furnish any of the requested
information may delay the processing or may result in the rejection of your
application.
2. Loan to be Secured by Mortgage or Deed of Trust
I (We) understand that the loan for which I (we) am applying will be secured by a
mortgage or deed of trust on the property described herein, and represent that this
property will not be used for any illegal or restricted purpose.
3. Loan Repayment Qualifier
I (We) understand that this is a loan, but that the annual debt service will be
forgiven if I (we) maintain the property/ business improvements pursuant to the loan
documents. I understand that if I (we) do not correct problems with the said
improvements within ten (30) working days of being notified in writing that such a
problem exists, that I (we) will be responsible for monthly debt service until the
problem is corrected.
4. Certification and Verification of Information
I (We) certify that all statements made in this application are true and made for the
purpose of obtaining a loan. Under the penalties of perjury, I (we) certify that the
information provided is true, correct, and complete. I (We) fully understand that it is
a federal crime punishable by fine or imprisonment, or both, to knowingly make any
false statements concerning any of the above facts as applicable under the
provisions of Title 18, United States Code, Section 1014. Verification may be
obtained from any source named in this application. The original or a copy of this
application may be retained by the lender, even if the loan is not granted.
5. Licensed Contractor & Building Permit Requirements
I (We) understand that all work on this project must be done by a contractor
licensed by the State of California. I (we) further understand that all required
building permits are the responsibility of the property owner. For building permit
questions, call (619) 336-4212.
6. Contractor Requirements
A. Davis -Bacon and/or State Prevailing Wage Rates
Under federal law (Davis -Bacon Act), all contractors working on projects using local funds
"either in whole or in part" must pay either Davis -Bacon and/or State prevailing wage rates
(whichever is higher) for all onsite labor. Established hourly prevailing wage rates must be
20
paid to all employees performing work at the project site. California State Prevailing Wage
Determinations may be obtained at www.dir.ca.gov.
I (We) understand that all bids obtained from contractors must contain a statement that the
contractor will pay prevailing wage rates and will provide the City with the necessary support
documentation as required by federal and state law. I (We) understand that it is my
responsibility to ensure such documentation is completed before the City will authorize
payment of funds.
B. Equal Employment Opportunity (EEO1
(We) understand that we must comply with the City's guidelines for bidding this project and
shall not discriminate against any contractor because of race, color, religion, sex, or national
origin. The contractor shall comply with EEO provisions relative to Executive Order 11246
and related acts rules and regulations. The contractor shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin.
9. Non -Discrimination Clause
(We) understand that there shall be no discrimination against, or segregation of, any person
or group of persons on account of race, color, creed, national origin, or ancestry in the sale,
lease, sublease, or transfer, use, occupancy, tenure, or enjoyment of Borrower's property;
nor shall borrower or any person claiming under such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, sub -lessees, or vendees in Borrower's property.
DATE:
Signature of Property Owner
Print Name
DATE:
Signature of Co -Owner
Print Name
Zi
COMMUNITY BENEFIT LOAN COMMITTEE MEMBERS
Effective June 30, 2007
City of National City
Jacqueline Reynoso
Community Development Coordinator
Community Development Commission
City of National City
1242 National City Blvd.
National City, CA 91950
jreynoso@ci.national-city.ca.us
(619) 336-4293
Brad Raulston
Executive Director
Community Development Commission
City of National City
1242 National City Blvd.
National City, CA 91950
braulston@ei.national-city.ca.us
(619) 336-4256
SDSU
Howard R. Toole, PhD
Professor of Accountancy
College of Business Administration
San Diego State University
San Diego, CA 92182-8221
htoole@mail.sdsu.edu
(619) 594-5328
(619) 594-3950
Fax (619) 594-3675
Dr. Don Sciglimpaglia
Professor of Marketing
Business Consulting Program Director
College of Business Administration
San Diego State University
5500 Campanile Drive
San Diego, CA 92182
San Diego State University
dsciglim@mail.scisti.edu
(619) 594-4435
FAX (619) 594-3675
Financial Institutions
Paul Palowski
VP Business Development
Neighborhood National Bank
1717 Sweetwater Road, Suite B
National City, CA 91950
ppolowski@mynnb.com
(619) 393-4320
FAX (619) 393-4365
Charmaine Orcino (may be replaced)
Branch Manager
Wells Fargo Bank
1199 Highland Ave.
National City, CA 91950
charmaine.a.orcino@wellsfargo.com
(619)477-1194
FAX (619) 4741397
Garry Barnes
President/CEO
Gateway Pacific Bank
3035 E. 8th St
National City, CA. 91950
garrybarncs@cox.net
6 19-327-08 16 Direct
619-791-9403 (:ell
Business Organizations
Colleen A. Alarcon
Executive Director
National City Chamber of Commerce
901 National City Blvd.
National City, CA 91950
colleen@nationalcitychamber.org
calarcon@nationalcitychamber.org
(619) 477-9339
FAX (619) 477-5018
Ken Clark
Small Business Services Coordinator
SBD & International Trade Center, SWC
900 Otay Lakes Road
Building 1600
Chula Vista, CA 91910
kmc@sbditc.org
(619) 482-6391
FAX (619) 482-6402
Ditas Yamane
President
Morgan Square District
FAX (619) 921-5125
(619) 474-2500
ditasyarnane(a)cox.net
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
10
.AEETING DATE September 18, 2007 AGENDA ITEM NO.
6TEM TITLE Warrant Register for the period of 08/17/07 through 08/30/07 in the amount of�
$2,950,114.20
PREPARED BY DEPARTMENT
Rizza A. Dela Cuadra
EXPLANATION Accountant
See attached report.
CDC— Finance
Jeanette Ladrido
(619) 336-4330
Environmental Review ✓ N/A
Approved by
Financial Statement anette Ladrido, Finance Director
Account No. N/A
STAFF RECOMMENDATION
Ratification of warrants for a total of $2,950,114.20
BOARD / COMMISSION RECOMMENDATION N/A
ATTACHMENTS ( Listed Below) Resolution No.
Ratification of Expenditures for the period 08/17/07 THROUGH 08/30/07
A-200 (9/80)
FOR MEETING OF SErrEMBER 18, 2007
N'ARRANr REGISTER
FOR PERIOD: 08/17 - 30/2007
Payee may. Description
CALIFORNIA RLULVF:LOPMF.\T ASSOC REDEVELOPMENT SEMINAR- COLBY YOUNG
CORPORATE EXPRESS IN('
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
PAIR. DESROCIIERS
EDAW, INC
FEDLX
FOLEY & I.ARIYNFR
GE CAPI TAl.
I IARRIS & ASS(X 7 AIFS
HOME SAFE. TRAINING
IIUSK PARTNERS
KIFINITI DER, INC.
1 AND AMERICA COMMON W EALII I
M('KENNA LONG & AIDRII)GE
UPPER R VARCO LLP
OVLRIA\D PACIFIC & CUTLER, INC
PITNHY BOWES
I'ORI 11.10 CONCRETE, INC.
POWER PLAN
IIERIDER1 OREYES
JACQUELINE REYNOSO
RICK ENGINEERING COMPANY
RORE
SAFDIIi RABINES ARCHITECTS
SAN DIEGO COUNTY UFN(-E OE ED
SAN DIEGO GAS & ELECIRIC
SOU IHWtiff E.RN COMMUNITY COU.FHOF.
WEDS FAR(X)
BLIK
CORPORATE EXPRESS INC
RIZZA DELA CU.ADRA
HEALEY CONSTRUC1 ION (Y)
KEYSER MARSTON ASS(X:IATES, INC
NATIONA1. CONSTRUCTION RENT AI S
PUBLIC EMPLOYEES' REI. SYSII-bt
BRAD RAI'I SI'ON
RICK EN(iINEFR I NG COMPANY
SAN DIEGO COI : NT Y TAX COLLECTOR
SANDLER, LASRY. 1 AUBE, BYER &
SCS ENGINEERS
VERONICA TAM & ASS(K:IA'I'FS
ILAD PROGRAM St:1'11JFS
PASS TIIROUGH PAYMENT FY 06-07
FILING FEE -OPTION A(iRF.EMENT COSTCO
RETIREMENT BENEFTIS N )R AUG 07
WFSTSIDE SPECIFIC SVC JARII 11'1.07
'IR ANSPORTATTON FEES - REDEVELOPMENT
PROFESSIONAL SERVICES - PALM PI A"/.A/MARINA/TIIE CONS TEI l ATION
COPIER RENTAL - REDEVELOPMENT
NT
PROFFtiSIONAL SERVICES FOR BAY MARINA DRIVE 07/07
LEAL/TRAINING VERGARA & GIL
CONSUL:FIN(i FTPS FOR AUG 07
PROFESSIONAL. SERVICES FOR NCB 2ND TO 1Z IIIS SF
APIS 559-024-06
PROPESSIONAI. SERVI(ES FOR PORT JOINT PLANNING, 07/07
PROFESSIONAL SERVICES FOR PACIFIC STEIL INC. SITE
PROESIONAL SERVO:ES FOR I'ARK V/IAGf 07/07
RENTAL ITES FOR JULY 218)7
NCB STREEFSCAPL & 14 )l: N I AIN PLAZA
AQUATIC CENTER
RI-1-7:ND OF TT11B OVERPAYMENT
M I I FAGF REIMDCRSEMFNF
PROFESSIONAL SERVICES FOR HAY V ARINA DR WIDENING 5R6• 6/29/07
PKOFFSSION.V . SER VICES FOR ACE M Ii rAI S PROJECT
PROF ISSIONAL SERV ICES FOR AQI: A71(' CENTER
PASS 1111101 H PAYNIUNT FY 06-07
1430 HIGHLAND ANT. 7/17 - 8/16/07
PASS THROUGH P.AI,'MENI' FY 06-07
CARDHOLDER - D KAUIS ION
1 DEyTITYFBR ANDINQ/WEB• SITE.
UFF7('F. SUPPIIES - R1iDEV
MOT -AGE REIMBURSEMENT A7" OARDEN GROVE
PROFESSIONAL SERVICES FOR E(X)IN AND FACADE
PKUFb&SIONAI. SERVICES FOR HARDING A\T SFD/11A PENNY
PENCE RENT.V.
PERS FOR PPE (18/13/07
MILEAGE REIMK12SF.MENT - CALE1)
PROFESSIONAL SERVICES FOR DAY MARINA DRIVE.
5514701500/5 514 70171/0/5514701900/5514704
PROFESSIONAL SERVICES FOR PARK VILLAGE - KIM
PROFESSIONAL SERVICIS FOR PARADISE MARS11 - JULY 07
PkO}- SSK)NAI. SERVICES FOR 1DIS FY 06-07
SUBTOTAL -REDEVELOPMENT
+r?rz(- t'.ni's •' . "-;lr s`''i%
PAYROLL.
CITY OF NATIONAL 1:11'Y
AT SYSTEMS WLST, INC.
CALIFORNIA RAKING CO.
IIAMILTON \IFA'IS & PROVISIONS
MCGUIRE UISIHIBI� PION
MISSION UNIFORM SERVICE
PADRE JANITORIAL SUPPI IFS, INC
SYSCO SAN DIEGO
I(O !SLMG ASSIST AN('F. PAYMENTS
(,MAC MORTGAGE
PIINEY BOWFS
CITY OF NATIONAL crry
'II FAIR 1101ISING COUNCIL OF
PPE 08/22/07
SUBTOTAL - ADMINISTRATIVE REVOLVING FUNI)
PAYMENT OFCDDG DRAWIX)NTS
SUBTOTAL - CD/SG:
ARMORED 'I'RI:CK SVCS - AUG 07
NCNP FWD
NCNP FOOD
NCNP FOOD
NCNP LINEN SERVICES
NCNP JANITORIAL SUI'PI.1 S
NCNP 1TWIT)
�y 2
MANUAL PAYNIEN I
UTILITY CHARGES FOR JI'I.Y 2007
REN'IAI. FEES 1 OR JULY 2(817
POLICE FEES - JUL05 TIIKU 11'N 06
APR - JILN' 117 FY2006-2007 LOUR I'11 Q'I'R
SI.B'I(YrAI. - SEC11ON 8
SUBTOTAL - GENERAL. FIND (NCNP)
Cbk No Amount
17338 475.00
1734(l
17141
1'7342
17343
17344
17345
17346
17347
17348
17349
17350
17351
17352
17353
17354
17355
17356
17357
1735%
173.59
173(4)
17361
17362
17363
17304
17365
17366
17367
17369
17371
17372
17.374
17375
17378
17380
17381
17382
17383
17384
173%5
17387
194.15
904,130.00
100.00
110.00
7,455.00
31.35
165.00
209.48
16,025.00
2,690.00
5.000.00
2,((21.01)
42.5.181
414.(111
994.76
220.0O
175.181
241,429.77
195.00
2,150.00
160.05
7.832.70
6.000.00
9.970.02
286,866.00
1(1.12
261;155.181
2,042.37
4,174.48
230.91
200.42
21.4'77.04
14,173.60
177.08
15.646.05
290.67
614. 78
144.32
7,454.00
4.866.89
L700.18)
S 1,830,596.01
1.4a7
.S 85,786.49
S 85,786.49
17339 986,980. 83
S 986,980.83
.. `SI7 wit
17368 704.14
17370 162. 50
1737E 2,261.S7
17376 346.22
17377 46.14
17379 1,532.51
17386 2.035.69
S 7,088.77
-,.. . -�. - _v'� �. "tom c�v +,�.�.:a�! .'�.`v8'.s'Y�a'�.� f ••,y
S 6.199.92
10378 537.18
10379 175.00
10380 25,003.00
10381 7,750.00
$ 39,662.10
TOTAL OF ALL FINDS:
S 2,950,114.20
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE September 18, 2007
AGENDA ITEM NO. 11
761 TI"l'i.F.
RESOLUTiON OF THE COMMITNiTY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CIT
APPROVING TIIE STUDENT COMMUNITY DEVELOPMENT PILOT PROJECT FOR THE 2007-2008
ACADEMIC SCHOOL YEAR AT SWEETWATER IIIGH SCH(X)i.
PREPARED BY DEPARTMENT
Jacqueline Reynoso (ext. 4293) Economic Development Division
Community Development Coordinator Strategic Action Plan 4E
EXPLANATION
On June 19, 2007, the CDC of National City (CDC) adopted the preliminary budget for Fiscal Year 2007-08. The
budget calls for an expenditure of $50,000 for the Student Community Development Project under the Economic
Development Division. The proposed program fulfills Action Plan 4E from National City's 5-year Strategic Plan.
The proposed Student Community Development Project is a pilot program administered by the CDC in partnership
with Sweet Water llnion High School (S11111). The program is open to all SUIII students. Students are asked to
participate in a community development project proposal competition for the 2007-2008 academie school year. The
winning proposal will be granted up to $50,000 to implement the project. CDC recognizes SUHi students as a valuable
community resource. CDC is dedicated to honing students' professional development, academic growth, and promoting
civic participation. SUIII students will work under the guidance and direction of CDC staff. Projects will be judged by
'anel of representatives from CDC, SI THI, and the National City Chamber of Commerce.
The purpose of the program is to encourage students to think and act on their vision for the positive development of
their community, learn about the value of public service and volunteerism, and encourage community pride and
ownership. If the program is proven successful this academic school year. CDC will propose to expand the program nex
- r to include middle school and elementary school students in National City.
Environmental Review N/A
Financial Statement
Use S50,000 in budgeted funds from the Student Community Development Project fund for selected project(s).
STAFF RECOMMENDATION CDC Board adopt the resolution.
ATTACHMENTS
1. Program Overview and Application
2. Project 'timeline
3. Project Flyer
4. Resolution
Resolution No.
A-200 (9/80)
RESOLUTION NO. 2007 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY APPROVING
THE STUDENT COMMUNITY DEVELOPMENT PILOT PROJECT
FOR THE 2007-2008 ACADEMIC SCHOOL YEAR
AT SWEETWATER HIGH SCHOOL
WHEREAS, On June 19, 2007, the Community Development Commission of the
City of National City (CDC) adopted the preliminary budget for Fiscal Year 2007-08; and
WHEREAS, the budget calls for an expenditure of $50,000 for the Student
Community Development Project under the Economic Development Division; and
WHEREAS, the proposed program fulfills Action Plan 4E from National City's 5-
year Strategic Plan; and
WHEREAS, the proposed Student Community Development Project is a pilot
program administered by the CDC in partnership with Sweet Water Union High School (SUHI);
and
WHEREAS, all SUHI students are asked to participate in a community
development project proposal competition for the 2007-2008 academic school year; and
WHEREAS, the winning proposal will be granted up to $50,000 to implement the
project; and
WHEREAS, CDC recognizes SUHI students as a valuable community resource
and CDC is dedicated to honing students' professional development, academic growth, and
promoting civic participation; and
WHEREAS, the purpose of the program is to encourage students to think and act
on their vision for the positive development of their community, learn about the value of public
service and volunteerism, and encourage community pride and ownership; and
WHEREAS, SUHI students will work under the guidance and direction of CDC
staff; and
WHEREAS, Projects will be judged by a panel of representatives from CDC,
SUHI, and the National City Chamber of Commerce; and
WHEREAS, the project that is granted the award will be the property of the City
of National City; and
WHEREAS, The CDC of National City will disburse grant funds according to the
project needs and retains disbursement control of all grant awards.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby approves the Student Community Development
Pilot Project for the 2007-2008 Academic School Year at Sweetwater High School.
-- Signature Page to Follow --
Resolution No. 2007 —
September 10, 2007
Page 2
PASSED and ADOPTED this 18th day of September 2007.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
Community Development Commission (CDC)
Of the City of National City
Student Community Development Project Guidelines
Overview
The Student Community Development Project is a Sweetwater High School competition involving the entire
SUIH student body. The Community Development Commission (CDC) of National City will grant up to
$50,000 dollars to the winning project proposal that aims to improve the physical and social environment of
the local community. This program provides a fun and exciting opportunity for all SUHI students to get
involved in their City's community development efforts and have a lasting impact on their community for
future generations to appreciate and enjoy. Now is your opportunity to make a difference in National City!
Spread the word and get as many students involved as possible.
Purpose
The purpose of the program is to encourage students to think and act on their vision for the positive
development of their community, learn about the value of public service and volunteerism, hone their
professional skills, and stimulate community pride and ownership.
Eligibility
• All Sweetwater Union High School students in grades 9-12
• Students may submit a proposal either individually or in groups
• Special attention will be given to projects that involve the greatest number of students
• Ideal projects will require a one time infusion of money (no ongoing programs)
• No funding will be provided for SUHI student stipends, wages, or any other expense incurred for
personal use
• Project must have a significant community impact to help beautify, enhance, and improve the quality
of life for National City residents
Application Process
SUHI students with eligible projects must submit all of the following materials no later than 5pm on
October 25, 2007:
• Application and Budget Form (please complete the attached forms)
• Project Proposal outlining in 500 words or less, the:
1. Nature of your community development project
2. The goals and anticipated impact of the project
3. The number of students that your project will involve
4. Necessity of the proposed expenses to the project
5. Ways in which your project relates to the advancement of the community development goals
of the City of National City as outlined in the City's Strategic Plan (please refer to the
attached selected information on the City's strategic plan goals and objectives.•A complete
report may also be accessed on the City's website at www.ci.national-city.ca.us).
• include a one -page graphic representation of your proposed project (for example, a street
improvement rendering, sculpture rendering, site plan, or another image of your choosing)
• Timeline of proposed project, including preparation and implementation of the project
• Names, phone numbers, and e-mail addresses for 1-2 faculty or staff members who have agreed to
serve as references
• Power point presentations are welcome, but are optional for the application. The competition
winners will be required to develop a presentation and presenttheir Final project proposal to City
Council.
• Students are invited to present their proposals on Youth Day during National City Week on
October 29, 2007.
Project Ideas
You are encouraged to visit the websites of community development corporations and commissions,
government and related bodies, and non profit organizations for fun and exciting project ideas. Use your
creativity to spend $50,000 in the best way possihle that will have the greatest impact on your City's
appearance, reputation, and community development goals and objectives. It is your time to shine. Involve as
many students as possihle and leave your legacy in National City. Projects focusing on local issues tend to
generate more interest from the community and project judges. Here are a few project suggestions:
• Organize a National City park/ bay/ commercial site cleanup campaign
• Plan for street/ sidewalk improvements (eg. benches, landscaping, lighting, signage, banner)
• Organize a community art project (mural, tile mosaic, sculpture, fountain)
• Organize a beautification project
• improve the appearance of a community/ City institution, Community Gateways, or Focus Area (e.g.
historic facility, community landmark, focus area such as Highland & 24t° Street, S° Street &
National City Blvd., the Walton House, Brick Row. Casa de Novia, Cafe La Maze, Hacienda
Restaurant, La Sierra, McDinni's Irish Pub and Restaurant, Napoleonc's Pizzeria, Niederfranks Ice
Cream Store, Train Depot, Sweetwater IIigh School)
Timeline
Below are recommended timeline and guidelines to assist you in facilitating a successful student community
development project application. Please note that you arc required to develop a similar time line for the
development and implementation of your proposed project.
Mid September
Brainstorm and research ideas
with friends, family, class
mates, etc.; Select a faculty
advisor (not required); Choose
1-2 faculty references;
Evaluate and narrow your
project choice
Late September
Define your vision, develop an
action plan, select the main
focus, set goals and objectives,
create a timeline, and develop
your budget
Early -mid October
Refine your project proposal,
edit, re-edit, and edit some
more...
By October 25, 2007
Submit your final proposal to
Mr. Cherry, ASB Advisor, or
Jacqueline Reynoso, CDC of
National Ci y
Submission Information
• Incomplete and/or late applications will not be accepted.
• Complete applications must be submitted to Mr. Cherry, ASB Advisor, in new gymnasium, or to
Jacqueline Reynoso in person at the Community Development Commission of National City, 1243
National City Blvd., National City, CA 91950 or via -email (ireynoso@ci.national-city.ca.us)
BY 5:OOPM ON MONDAY, October 25, 2007
2
Grant Notification
• Grant Selections will be made and students notified no later than December 14, 2007.
• Depending on the grant amounts requested per project proposal, CDC may be able to fund more than
one project for the 2007-2008 academic school year.
• The total grant amount requested must cover all of the costs of the proposed project.
Judzing
A panel of representatives from the City of National City, National City Cha►nber of Commerce, and
Sweetwater Iligh School will judge the student projects based on the following criteria.
Criteria
• 15% - Project Selection / Creativity
• 30% - Community Benefit/ Impact (Meets goals and objectives of the City's Strategic Plan)
• 25% - Community Development value to community and students
• 30% - Quality of the project proposal (completeness, presentation, timeliness, resourcefulness)
*** The student project is to be student generated and student created. Work with your peers and make this
project your own. The more students involved, the better.
Project Implementation
The winning project proposal will begin implementation in January of 2008 and will be completed by June
of 2008. The completion date may extend to the next school year depending on the scope of the project.
Prize
• Everyone wins — All participants receive a Certificate of Accomplishment by the CDC of National
City.
• Outstanding Student Project — A Certificate of Achievement, special recognition by the CDC of
National City at a City Council Meeting, and a small gift.
• Grand Prize Winner _ Up to $50,000 in grant money to implement your project, special plaque
recognition at City Council meeting, and a highlight story in the City's Focus Newsletter.
Announcement of Results & Presentation Ceremony
All winners will be notified individually and the result will also be announced on the City of National City,
National City Chamber of Commerce, and Sweetwater high School wehsite. The winning student project
will also he announced and special recognition will be given to student participants at a City Council meeting
by January of 2008. The City will host a small opening ceremony to unveil the student community
development project upon the project's completion.
Disclosure
'I'hc project that is granted the award will be the property of the City of National City. However, if the
project is on private property, the City would have to enter into a separate agreement with the property owner
to disclose the terms and conditions of project ownership. Depending on the project proposal, the City will
determine who will be the recipient of the grant funds. The CDC of National City will disburse grant funds
according to the project needs. CDC retains disbursement control of all grant awards.
3
Community Development Commission (CDC)
Of the City of National City
Student Community Development Project
Project Evaluation Form
2007-2008
Please rank all project aspects on a scale from 1 to 5, with 1 being the lowest ranking and 5
being the highest. Include a comment to substantiate your score.
Project Name
Student Names (s)
Criteria
• 15% - Project Selection / Creativity
• 30% - Community Benefit/ Impact (Meets goals and objectives of the City's Strategic Plan)
• 25% - Community Development value to community and students
• 30% - Quality of project proposal (completeness, presentation, timeliness, resourccflulness)
Project Selection /
Creativity
Community Benefit
Community
Development Value
Quality of Project
Proposal
Total
Score(_) X (.15)=
Score(_) X (.30)=
Score( ) X (.25)—
Score( ) X (.30)—
Community Development Commission (CDC)
Of the City of National City
Student Community Development Project Application
DUE: OCTOBER 25, 2007 BY 5PM
STUDENTS ARE INVITED TO PRESENT THEIR PROPOSALS ON YOUTH DAY, OCTOBER 29, 2007 DURING
NATIONAL CITY WEEK
Student Information
2007-2008
• Please print or type clearly
• If students are submitting a project proposal as a team, please complete a separate
first page for each applicant.
Name
Group Name (optional)
School
Graduation Year
Mailing Address
Telephone
E-Mail Address
Names, phone numbers, and e-mail addresses for 1-2 faculty or staff members who have
agreed to serve as references
Faculty/ Staff Name
Position/ Title
Phone Number
E-mail
1.
2.
5
Community Development Commission (CDC)
Of the City of National City
Student Community Development Project Application
Project Information Overview
(To be supplemented with the 500 word project proposal)
2007-2008
Name of Project
A description of the physical setting of the project (e.g. street name, intersection, site)
The proposed number of students required to complete the project
Meets the following Goals and objectives of the City's 5 Year Strategic Plan (please view attached
sheets or visit the City's website at www.ci.nation-city.ca.us to access the complete Strategic Plan)
1.
2.
3.
A description of the project's contribution to the community and Sweetwater High School students
Please provide a brief outline of how you will outreach to the student body for participation in the
project if it is selected to receive the $50,000 grant for implementation.
Community Development Commission (CDC)
Of the City of National City
Student Community Development Project Application
Budget Worksheet
2007-2008
Expenses
Please itemize all estimates. Supporting documentation should be included wherever possible.
TOTAL ESTIMATED EXPENSES:
Below is a budget worksheet to help you develop your project budget.
Student Community Development Project Budget
Expenses
Estimated
Supplies.& Equipment
Site
Landscaping
Lighting
Signage
Cleaning
Totals
•3_
Professional Services
Engineering
Graphic Definer
Planner
Estimated
Estimated
Construction
Totals
Publicity
_Graphics work
Photocopying/Printing
Postage
Totals
Miscellaneous
Telephone
Trans.. .tion
Statione sus es
Fax services
Totals
1
Community Development Commission (CDC)
Of the City of National City
Student Community Development Project Application
Disclosure Statement
2007-2008
I certify that the information contained in this application is true and accurate. I submit this
application with full knowledge of the application process and I understand that 1 am not
guaranteed a grant or funding for my project. if my project is approved and funded, I understand
that the project will be the property of the CDC of National City. I understand, however, that if
the project is on private property, the City would have to enter into a separate agreement with the
property owner to disclose the terms and conditions of project ownership. I understand that the
authorized grant recipient will be reimbursed for approved costs under the terms of the grant.
Student Name
Student Signature
Date
8'
BACKGROUND
The Strategic Plan addresses community and economic development in National City for the next
five years. In November, a series of three strategic planning workshops was initiated by the Mayor
and supported by the City CounciVCDC Board. The content of the Strategic Plan is based on the
discussions and input received at the first two workshops.
At the first City Council workshop in this series on January 30, 2007, staff provided an overview of
past City Council goals, current market conditions, and a status update on projects, programs and
plans throughout the City. Discussion was broad and centered on how the vision of an ideal
community must be balanced with the reality of existing conditions and limited resources. Staff
heard that the following were important considerations for the City Council and community:
• Fiscal sustainability
• Balancing ideal vision with realistic objectives
• Strengthening code and housing enforcement
• Enhancing community gateways and creating focus areas
• Implementing specific plans (Downtown and Westside)
• Achieving comprehensive development rather than piecemeal projects
• Generating ongoing revenue streams through innovative "home run" projects
• Improving health, safety, and quality of life
At the second City Council workshop on February 28, 2007, staff provided an overview of
redevelopment financing, property and sales tax receipts, cash flow of the redevelopment agency,
project, program, and plan options based on input from the first workshop, as well as an overview
of quality of life efforts and options. Staff heard the following:
• Maximize resources and focus redevelopment dollars on revenue enhancement
• Complete tasks rather than many "starts" with few "finishes"
• Clean neighborhoods and streets (including removing hazardous conditions)
• Westside specific plan should be implemented when adopted
• Improve quality of life and create open spaces
• Consider that Proposition D funding is temporary
• Housing should be available for people of all income levels
The first draft of the Strategic Plan was presented to the City Council/CDC Board at the April 5th
workshop. Nine strategic objectives listed at the beginning of the draft document provided an
outline for forty-five strategic actions. Based on the feedback received, staff prepared and is
presenting a final strategic plan at a regular meeting of the City CounciVCDC Board on May 1,
2007.
At the April 5, 2007 workshop, staff heard the following additional themes identified as important to
community and economic development initiatives in National City. These themes included:
• Teamwork is key — the public is who we work for
• Emphasize family -oriented activities and projects throughout the City
• Create a toolbox to assist small businesses
• Increase percentage of owner -occupied homes by considering assistance programs
• Support "green" building and development approaches
• Public art is important
• Improve housing conditions and build owner -occupied base throughout the City
National City 5-year Strategic Plan A CITY ON THE MOVE
1
q
The Strategic Plan provides an effective means of memorializing community objectives and
measuring results. However, it is not intended to be a static document and it is anticipated that the
strategies discussed herein will be readdressed on an annual basis. In effect, the City of National
City will always be working on the first year of a five-year strategic plan.
Note: Prior to the approval of Proposition D by the voters of National City at the June, 2006
election, the City Manager determined that the City had an on -going budget shortfall of $6.7 million
each year. As expected, with the passage of Proposition D, this shortfall has been eliminated for
this fiscal year. In the opinion of the City Manager, most, if not all, of the objectives and actions
discussed in this plan are attainable only with reliable revenues from Proposition D.
National City 5-year Strategic Plan
A CITY ON THE MOVE
2
Strategic Objectives & Actions
1) Function as One City - Function as a Team
Align City departments and Community Development Commission with City Council objectives to
accomplish Strategic Plan
a) Integrate City Long -Range Plans into Citywide Strategic Plan
b) Assist Appointed Boards and Commissions
c) Form Five Community "Links" to Improve Public Communication
d) Empower Work Groups to Focus on Specific Tasks
e) Partner with Community Organizations
2) Achieve Fiscal Sustainability
Use redevelopment to attract diverse revenue generating projects, leverage financial incentives such
as tax -credits, and maximize funding sources such as grants
a) Open Plaza Bonita Expansion and Costco
b) Create Grants Division and Aggressively Seek Funding Sources
c) Complete Maximus Fee Study and Implement Impact Fees to Have Growth Pay for Growth
d) Begin Sycuan/MRW Hotel and Develop Marina Gateway
e) Continue Pursuing Home Depot/PSI and Develop Site
3) Improve Quality of Life
Build and maintain facilities and activities that support community needs and ensure that they are
serving the people and families of National City
a) Extend Hours at Community Facilities
b) Conduct a Demand Study and Formulate a Strategic Plan for Community Facilities and
Activities, including Family Activities such as Movies In the Park.
c) Develop Art and Culture District including Playhouse and Arts Center
d) Build Aquatic Center
e) Support City Parks and Open Space such as Paradise Creek Educational Park
National City 5-year Strategic Plan A CITY ON THE MOVE
3
It
4) Utilize Community Resources
Engage, educate, and empower the community by improving communications and building programs
that leverage the efforts of residents and businesses
a) Reinstitute Neighborhood Watch Program and Coordinate with Neighborhood Councils,
Expand Security Camera Program, and Implementation of Red -Light Cameras
b) Begin Offering Wi-Fi Internet Access and Launch Interactive User -Friendly Website for the
City
c) Utilize and Market Enterprise Zone Tax Incentives
d) Support Community Benefit Districts
e) Work with Local Schools to Empower Youth for Community Change
5) Focus Long -Range Planning Efforts
Manage land use plans by drafting one specific or master plan at a time. Continue implementing and
studying impacts of other plans concurrently
a) Implement Downtown Specific Plan Through Establishing Market Supported Values
b) Complete Westside Specific Plan and Analyze Comprehensive Implementation Strategy
c) Form Strategic Alliance and Initiate the Bayfront Master Plan
d) Address Land Use Code and Prepare for General Plan Update
e) Work Toward a Comprehensive Transportation Strategy
6) Improve Housing Conditions
Continue providing housing opportunities at all income levels and develop programs to improve
existing conditions
a) Adopt Housing Element as a 5-year Housing Plan
b) Implement Home Ownership Assistance Programs
c) Develop Affordable Housing by Leveraging 20% TIF Set Aside, HOME Funds, and Other
Affordable Housing Funding Financing Programs
d) Consider Compatibility of Residential with Other Land Uses, Carry Out Amortization
Ordinance Efforts for Westside
e) Advance Housing Inspection Program for Rental Properties and Inform Landlords Through
Property Owner Workshops
National City 5-year Strategic Plan A CITY ON THE MOVE
4
12
7) Make an Impact
Revitalize neighborhoods and strengthen community appearance by investing directly into efforts
that make an immediate impact on the community
a) Inform the Community Regarding Code Assistance and Graffiti Abatement Efforts and
Encourage Compliance
b) Invest in Infrastructure and Aging Public Facilities Identified by Community Priorities
c) Continue Neighborhood Clean Ups and Initiate Annual Spring Cleaning
d) Develop a Neighborhood Revitalization Toolbox
e) Support Public Art and Initiate Percent for Public Art Program
8) Promote Community Assets
Build image of the City by distinguishing important community assets and marketing them to the
region
a) Identify Landmarks and Offer Incentives and Cultivate Plan for City -owned Historic and
Cultural Resources
b) Develop City Branding and Update Comprehensive Signage Program
c) Create Informative Materials and Launch Marketing Campaign
d) Encourage Public Uses and Family -oriented Special Events on the Bayfront
e) Develop and Implement Green Building and Development Policy
9) Build on Success
In the City's continued efforts for positive change, it is important to recognize our successes and
build on them
a) Develop Business Attraction and Retention Program and Create Toolbox to Assist Small
Businesses
b) Draw Attention to Important Gateways and Intersections
c) Plan and Highlight Family -oriented Special Events to Promote Accomplishments
d) Develop Comprehensive Storefront Renovation Strategy to Concentrate Facade Program
on Identified Focus Areas and Community Landmarks
e) Continue to Cultivate Neighborhood Councils
National City 5-year Strategic Plan A CITY ON THE MOVE
5
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About:
The Student Community Development Project is a fun and exciting opportunity for SUHI stu-
dents to get involved in their City's community development efforts and leave their mark in
the community. The Community Development Commission (CDC) of National City will grant
up to $50,000 dollars to the winning project proposal that aims to improve the physical and
social environment of the local community. Now is your opportunity to make a difference in
National City! Spread the word and get as many students involved as possible. The City
wants to see your ideas and vision put to work.
Project Proposals May Include (But Are Not Limited To):
Beautification, art, and cultural, projects such as: Murals, sculptures, mosaics, foun-
tains, street improvements, public art, bench art/sculptures, lighting, landscaping, signage,
construction camouflage, banners, and the beautification of community gateways. Use your
creativity!
Pick Up Your Application Today!
1) Sweetwater High ASB 2) Sweetwater High Library 3) Community Development Commission
Mr. John Cherry's office In the 100 building City of National City City Hall
In the new gym 1243 National City Boulevard
National City, CA 91950-4301
*You can turn in your applications no later than October 35th to
Mr. Cherry (ASB) Or Jacqueline Reynoso (CDC, City Hall)
You are also invited to present your proposals on Youth Day, October 29, 2007 During National City Week
IMP ORTA)f
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• For More Information:
Sweetwater High School
ASR Office
John Cherry
ASB Dean
Phone: (619) 474-975(1
E-mail: jolm.lcherry(i suhsd.k 12.ca.us
Web Site: www.suhsd.kl2.ca.usrsulvstudlentpage.html
1
City Of National City
Econotnic Development Division
Jacqueline Reynoso
Community Development Coordinator
Phone: (6191 336-4293
E-mail: jreynoso(ici.national-city.ca.us
Web Site: http: / v v.ci.uational-city.ca.us'
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE September 18, 2007 AGENDA ITEM NO. 12
ITEM TITLE A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE A SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT WITH
AARB LLC, BEAUCHAMP FAMILY TRUST, THE HENSCHEL TRUST, THE
ESTATE OF ARTHUR 0 HENSCHEL JR., JAMES L HENSCHEL, ARTHUR 0
HENSCHEL 111, AND CHARLENE BENNETT RELATED TO ENVIRONMENTAL
COSTS, EMINENT DOMAIN ACTION BY THE CDC AND CLAIMS FOR
ENVIRONMENTAL COSTS UNDER THE POLANCO REDEVELOPMENT ACT
FOR THE PARK VILLAGE PROJECT.
PREPARED BY DEPARTMENT
Patricia Beard Redevelopment Division
Redevelopment Manager, 4255
EXPLANATION The Henschel property is located at 1031 Roosevelt Avenue within the
footprint of the Park Village project. This Agreement settles acquisition of the Henschel
property for the project as well as environmental claims and costs against the Henschel
Trust. The Agreement allows transfer of title and environmental responsibility for the property
to AARB, LLC, developers of Park Village.
Environmental Review Not applicable.
Strategic Plan Goals 5A: Implement Downtown Specific Plan through establishing Market
Supported Values.
Financial Statement There is no cost to the CDC for this Agreement. AARB is required to
reimburse all legal and environmental costs per terms of its Owner Participation Agreement,
Account No. 900912
STAFF RECOMMENDATION Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION Not applicable.
ATTACHMENTS
1. Proposed Settlement Agreement and Mutual Release of
Claims
Resolution No.
RESOLUTION NO. 2007 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY ("CDC")
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
A SETTLEMENT AND RELEASE OF CLAIMS AGREEMENT
WITH AARB LLC, BEAUCHAMP FAMILY TRUST, THE HENSCHEL TRUST,
THE ESTATE OF ARTHUR 0 HENSCHEL JR., JAMES L HENSCHEL,
ARTHUR 0 HENSCHEL III, AND CHARLENE BENNETT RELATED
TO ENVIRONMENTAL COSTS, EMINENT DOMAIN ACTION
BY THE CDC, AND CLAIMS FOR ENVIRONMENTAL COSTS
UNDER THE POLANCO REDEVELOPMENT ACT
FOR THE PARK VILLAGE PROJECT
WHEREAS, on February 22, 2005, the Community Development Commission of
the City of National City ("CDC") entered into an Owner Participation Agreement ("OPA") with
the Beauchamp Family Trust for a project called Park Village ("Project"), located within the block
bounded by National City Boulevard, Plaza Boulevard, Roosevelt Avenue, and 11t Street; and
WHEREAS, the Henschel Trust owns property within the Project which has been
impacted by hazardous substances from historical land uses including a dry cleaning plant; and
WHEREAS, on December 13, 2005, the CDC adopted Resolution No. 2005-113
authorizing the transfer of the OPA to AARB, LLC; and
WHEREAS, on February 3, 2006, the CDC filed Case No. GIC 860857 in the
Superior Court of San Diego County being an action in eminent domain to take the Property and
making claims under the Polanco Redevelopment Act for Environmental Costs at the Property;
and
WHEREAS, CDC consultants estimated the value of the Environmental Costs at
more than $2 million; and
WHEREAS, the Parties now desire to settle all claims and matters between them
including Past Environmental Costs, Future Environmental Costs, the Eminent Domain Action,
and the Polanco Act Redevelopment Claims.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City authorizes the Executive Director to execute a
Settlement Agreement and Mutual Release of Claims with AARB, LLC., the Beauchamp Family
Trust; the Henschel Trust; the estate of Arthur O. Henschel, Jr., James L. Henschel, Arthur O.
Henschel III, and Charlene Bennett. Said Agreement is on file in the office of the City Clerk,
PASSED and ADOPTED this 18th day of September, 2007.
Ron Morrison, Chairman
ATTEST: APPROVED AS TO FORM:
Brad Raulston, Secretary George H. Eiser, III
Legal Counsel
Attachment 1
SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
("Agreement") is entered into by The Community Development Commission of thc City of
National City (hereinafter referred to as the "CDC"), AARB, LLC, a California limited liability
company, Beauchamp Family Trust UDT 8/16/1982 as amended under Trust Amendment No.
One Dated 4/14/1986 ("Beauchamp Family Trust") (hereinafter AARB, LLC and Beauchamp
Family Trust are collectively referenced as "Developer"), the Henschel Trust, the Estate of
Arthur O. Henschel, Jr., San Diego Superior Court Case No. P189861 ("Henschel Estate"),
James L. Henschel, Arthur O. Henschel, I1I, and Charlene Bennett, all hereinafter sometimes
referred to collectively as the Parties.
I.
PURPOSE
This Agreement is made for the purpose of settling: (i) certain claims filed in the
Henschel Estate by Developer and CDC for Environmental Costs at the Properties; (ii) an
Eminent Domain Action filed by CDC to condemn the Property owned by the Henschel Trust;
(iii) claims made for Environmental Costs at thc Property under the Polance Redevelopment Act
by CDC naming the Henschel Trust and the Named Beneficiaries, which claims were joined in
the Eminent Domain Action. Under this Agreement the Property and other consideration is
transferred to the Developer in satisfaction of the environmental claims of CDC and
developer, the Named Beneficiaries disclaim any interest in the Property, and CDC and the
Developer release the Named Beneficiaries and the Henschel Trust and Henschel Estate from
claims and make certain payments.
IL
DEFINITIONS
1. "Agreement" means this Settlement Agreement and Mutual Release of Claims.
2. "Claims" means any and all claims that the CDC or Developer may have against
the Ienschel Trust, thc Henschel Estate, or the Named Beneficiaries for the purpose of
recovering environmental investigation and remediation costs associated with the
Contamination (as defined below) at thc Properties (as defined below).
3. "Contamination" means "hazardous substances" as that tenn is defined in the
Polanco Redevelopment Act (Health & Safety Code § 33459(c)) either in or on soil or
groundwater at or, if such "hazardous substances" are found to be from the Properties, in the
vicinity of the Properties (as defined below).
4. "Environmental Costs" means investigation and remediation costs, including,
but not limited to, costs to investigate, remove or remediate hazardous substances in the soil and
groundwater at or from the Properties, analytical costs, reporting costs, and oversight costs from
the County of San Diego Department of Environmental Health ("DEH") or other appropriate
08-24-200? FINAL SAMRC
regulatory agency incurred by the CDC or Developer due to the Contamination at the
Properties. Environmental Costs include, but is not limited to, all costs recoverable under the
Polanco Redevelopment Act.
5. "Past Environmental Costs" means Environmental Costs incurred by the CDC
or the Developer in the period ending on May 15, 2007, as a result of the Contamination.
6. "Future Environmental Costs" means Environmental Costs incurred by the
CDC or the Developer after May 15, 2007 due to the Contamination.
7. "Parties" means the CDC, the I-ienschel Trust, the Henschel Estate, the
Developer, and the Named Beneficiaries (as defined below).
8. "Named Beneficiaries" are the three named beneficiaries of the Henschel Trust,
to wit James Henschel, Arthur 0. Henschel, lll, and Charlene Bennett.
9. "Property" means 1031 Roosevelt Avenue, National City, California, Assessor
Parcel Number 555-113-04 which Property is the subject of the Eminent Domain Action by
CDC and which Property will be one parcel of the site of the Park Village Project to be built by
the Developer_ The Property has historically been the site of a dry cleaning business.
10. "Former Drycleaners" means 901 Roosevelt Avenue (also referred to
historically as 32 W. 9'1' Street), National City, California, Assessor Parcel Number 555-084-01
which was the location of a dry cleaning business known as "The Barn" operated from
approximately 1966 to I973 by Arthur O. HenscheI, Jr. who did not own the real property.
After closure of "The Barn", Developer purchased the site and transformed it to automotive
uses. The Former Drycleaners is now the site of the Education Village project by CDC.
11. "Properties" refers collectively to the Property and the Former Drycleaners
III.
RECITALS
1. On December 1 , 2004 a Trust Transfer Deed was recorded as Doc. No. 2004-
1132902 by the County Recorder of San Diego County in which Arthur O. Henschel. Jr,
transferred the Property to his revocable trust known as the Henschel Trust. On December 12,
2004 Arthur O. Henschel, Jr. died and the Henschel Trust became irrevocable.
2. On May 31, 2005, CDC issued a notice to the Henschel Trust, as title holder to
the Property, pursuant to California Health & Safety Code section 33459, et seq. (the "Polanco
Redevelopment Act"), requesting that the Henschel Trust submit a remedial action plan for
hazardous substances released on, in or under the Property within sixty (60) days of receipt of
the notice. The Henschel Trust did not submit a proposed remedial action plan within the 60-day
notice period. On July 29, 2005, representatives of the Henschel Trust sent a letter expressing
an interest in cooperating with CDC to address the environmental concerns at the Property.
3. After motions by CDC, the Estate of Arthur O. Henschel, Jr. (aka Arthur Otto
Henschel, Jr.) Decedent, Case No. P 189861 in the Superior Court of San Diego County (herein
08-24-2007 FINAL SAMRC
.eH
"Ilenschel Estate") was opened and letters of administration issucd December 5, 2005.
Developer and CDC each filed claims in the Ilenschel Estate for Past Environmental Costs and
Future Environmental Costs.
4. On February 3, 2006, CDC filed CDC of the City of National City v. Henschel
Trust, et. al, Case No. GIC 860857, in the Superior Court of San Diego County (the "Eminent
Domain Action") being an action in eminent domain to take the Property and making claims
under the Polanco Redevelopment Act for Environmental Costs at the Property. The
estimated amount for such Environmental Costs, according to the consultants for CDC, is in
excess of $2,000,000.
5. For the Purposes set forth above, the Parties desire to compromise and settle all
Claims relating to the matters addressed herein on the terms and conditions as set forth in this
Agreement.
IV.
TERMS OF SETTLEMENT AND RELEASE
IT IS IIEREBY AGREED that:
1. CONSIDERATION
The Parties each agree to settle their claims of every kind between and among all
of them relating to the Past Environmental Costs, the Future Environmental Costs, the
Eminent Domain Action, the Polanco Redevelopment Act claims, the Properties, and all issues
arising therefrom, including all issues which were asserted or could have been asserted in the
Eminent Domain Action or the Ilenschel Estate, and all such claims are hereby expressly and
forever compromised, discharged, and terminated for all time, except any claims which may
arise from or pursuant to: (i) the obligations undertaken pursuant to this Agreement or the
Purchase Agreement provided for under this Agreement; or (ii) pursuant to paragraph 5(b)
hereof. In consideration of this settlement and mutual releases of the respective claims and the
mutual promises of the Parties herein set forth, the Parties agree to perform each of the terms
hereinafter set forth and abide by the terms of this Agreement.
PROPERTY TRANSFER AND LEDGER CLEANUP ACCOUNT
a. Transfer of Fee Title to Real Property. In full and complete satisfaction of
any and all Claims that Developer or CDC may have against the IIenschel Trust, and in
settlement of the Eminent Domain Action, including the Polanco Redevelopment Act claims
asserted therein, and in consideration of the releases set forth herein, the Henschel Trust agrees
to transfer its interest in the Property to AARB, LLC pursuant to the terms and conditions of
the Purchase Agreement between the Henschel Trust and AARB, LLC, the form of which is
attached hereto as Exhibit "A". The signatories to Exhibit "A" agree to fully and faithfully
perfomr all the requirements of such Purchase Agreement. The Parties understand and agree
that if the Eminent Domain Action was fully litigated, the IIenschel Trust would not likely
receive an award for the Property because the estimated Environmental Costs exceed the
appraised value of the Property in an uncontaminated condition, to wit $862,000 (the "Clean
08-24-2007 FINAL SAMRC
- 3 -
Value") and an offset would occur between the Clean Value and the estimated Environmental
Costs. Notwithstanding this fact, it is of value to CDC and Developer to enter into this
Agreement to conclude the litigation and limit the costs associated therewith. Upon execution
of this Agreement and the Purchase Agreement by the Henschel Trust and AARB, LLC, CDC
agrees to file a dismissal with prejudice of the Henschel Trust in the Eminent Domain Action .
b. Ledger Cleanup Account. The Clean Value will be the initial entry in a
Ledger Cleanup Account to be maintained by the Developer. The Developer of the project will
undertake any necessary investigation and remediation required by the oversight agency, and
will debit the Ledger Cleanup Account for the following expenses as they are incurred: 1) a
$100,000 debit for the payment for Past Environmental Costs incurred by Developer as
detailed in section 2(c); 2) a $60,000 debit paid to the Named Beneficiaries and Trustee of the
l lenschel Trust as detailed in section 3; 3) a debit for all delinquent taxes owing on the Property
paid by Developer through escrow; 4) debits for liens recorded against the Property by Union
Rank of California and by the State of Califbrnia Department of Industrial Relations in the
amounts to be paid by the Developer to satisfy said liens at the time of payment of said amounts;
and 5) a debit for payment for Future Environmental Costs as detailed in section 2(d). The
CDC covenants that it will not approve any request of the Developer to assign, transfer or
alienate either the development rights or the property subject to this Agreement without
sufficient assurances that the Developer's obligations to the Henschel Trust, as stated in this
Agreement, are met.
c. Settlement for Past Environmental Costs . In return for the Release
specified herein, Ienschel Trust agrees that Developer can debit the Ledger Cleanup Account for
payment of Past Environmental Costs incurred at the Properties by Developer in the amount
of $100,000. James Beauchamp, on behalf of Developer, represents and warrants that Developer
has incurred and made payment for Past Environmental Costs for the Properties in an amount
equal to or greater than $100,000.
d. Reimbursement for Future Environmental Costs. In return for the
Release specified herein, I lenschel Trust agrees to the dedication of the Ledger Cleanup Account
to reimburse Developer for all Future Environmental Costs incurred by Developer for the
activities required to investigate and remediate the Contamination at the Properties that the
lead or administering agency may approve. A summary of the expenditures made regarding these
activities and charged to the Ledger Cleanup Account, and the resulting balance, will be
provided to the I lenschel Trust, or if no longer in existence its last Trustee, at least once per year.
The Parties agree that the decision of the regulatory oversight agency will be final with regard to
the scope of the work undertaken.
e. Remainder Shown on the Ledger Cleanup Account. 1 hough it is likely
that the Environmental Costs will exceed the Ledger Cleanup Account, if any amount is shown
as remaining on the Ledger Cleanup Account at the earlier of: (i) seven years from the date
hereof; or (ii) the conclusion of all environmental work and payment of related Future
Environmental Costs as a result of the Contamination at the Properties, then such remainder
amount (including any accrued interest thereon) will be allocated and paid as follows: (i) the
first $200,000 thereof will be divided such that one half of such sum will be paid by the
Developer to the Henschel Trust and one half will be retained by the Developer; and (ii) any
08-24-2007 FINAI. SAMRC
-4-
remainder amount in excess of $200,000 shall be paid to the Henschel Trust. If the Ilenschel
Trust is no longer in existence, any sums for the Henschel Trust shall be paid, in trust for the
Named Beneficiaries (or their designated heirs should a Named Beneficiary be then deceased),
to its last Trustee. The "conclusion of all environmental work" will occur upon receiving
satisfactory "closure" in the form of a "No Further Action" letter or other similar document from
the appropriate environmental oversight agency.
f. interest on the Ledger Cleanup Account. The Ledger CIeanup Account
shall bear interest from May 15, 2007 at the rate of five percent (5%) per annum, compounded
monthly.
3. NAMED BENEFICIARIES DISCLAIMER
For and in settlement of any claims asserted against them in the Eminent Domain
Action, and in consideration of the releases set forth herein, the Named Beneficiaries agree to
execute a Disclaimer of Interest, in the form attached as Exhibit 13 hereto, disclaiming any
interest in the Property. Within fourteen (14) days after receipt of a fully executed copy of such
Disclaimer (s) from the Named Beneficiaries, CDC shall: (i) pay the sum of $10,000 directly to
each such Named Beneficiary; (ii) pay to the 'trustee of the Ilenschel Trust the sum of
$30,000.00 as and for payment of the Trust's administrative expenses in conjunction with the
matters settled herein; and (iii) file a Request for Dismissal With Prejudice of each such Named
Beneficiary in the Eminent Domain Action.
4. CLAIMS IN HENSCHEL ESTATE
In as much as there are no assets in the Henschel Estate, the only claims filed
therein were and are those claims for Past Environmental Costs and Future Environmental Costs
by the Developer and CDC, and the Henschel Estate was only established to preserve such
claims for litigation purposes, within ten (10) days of their execution of this Agreement, CDC
and Developer agree to withdraw their respective claims in the Henschel Estate by filing a
"Withdrawal of Creditors Claim" therein. As soon as possible thereafter, the attorney for the
executor shall file a petition with the Court to terminate the Henschel Estate and discharge the
executor.
5. RELEASES OF PARTIES
a. Releases. Developer and CDC hereto, on behalf of themselves and, to the
maximum extent allowed by law, on behalf of their current and former agents, assigns,
successors, shareholders, partners, employees, officers, directors, predecessors, parent
companies, subsidiaries, affiliates, beneficiaries, affiliates, and attorneys, hereby fully release
and discharge the Henschel Trust, its current and former agents, trustees, assigns, successors,
shareholders, partners, employees, officers, directors, parent corporations, subsidiaries, affiliates,
predecessors, trusts, beneficiaries, including the Named Beneficiaries, and attorneys for any such
released parties, from any and all Claims for Environmental Costs (including both Past
Environmental Costs and Future Environmental Costs) or for other claims or costs related to
or arising from the Contamination at the Properties.
08-24-2007 FINAL SAMRC
b. Limitations on Releases. The releases set forth in paragraph (a) above do
not include or apply to any rights of any of the Parties to enforce or interpret this Agreement or
an Exhibit hereto. In addition, nothing set forth in this Agreement shall in any way transfer,
assign, relinquish, exonerate, compromise, abrogate, waive or release any or all of' the Claims
which any of the Parties may have against any person or entity not a party to this Agreement,
except to the extent such person or entity has been released in his, her or its capacity as a current
or former agent, trustee, assign, successor, partner, employee, subsidiary, affiliate, predecessor,
related entity or attorney for one of the Parties to this Agreement.
c. No Assignment. Each of the Parties represents and warrants to each other
that no portion of any Claim, demand, cause of action, or other matter released herein has been
or will be directly assigned or transferred to any other person or entity not a party to this
Agreement, other than successors which agree to he bound to the tenns of this Agreement.
Each of the Parties acknowledges that this representation is material to this Agreement, and that
each is relying upon said representation in entering into this Agreement.
6. GENERAL. PROVISIONS
a. No Admissions. The Parties expressly acknowledge that execution of this
Agreement, consent to this settlement or the payment of any monies in accordance with this
Agreement shall not be deemed to be an admission of fault or liability on the part of any of the
Parties.
b. Successors and Assigns. All of the terms of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their
respective legal representatives, successors, successors -in -title, executors and assigns.
c. Authorization to Enter Into Agreement. Each person executing this
Agreement represents and warrants that he or she has been duly authorized to execute this
Agreement on behalf of the Party and has full and complete authority to do so. Each of the
Parties expressly waives any defense to this Agreement based on any lack of authority to enter
into and be bound by the terms of this Agreement.
d. Agreement Not Admissible. This Agreement shall be deemed to fall
within the broadest protections afforded cornpromises and offers to compromise by California
Evidence Code section 1152, and any related provisions.
e. Governing Law. This Agreement shall be interpreted, construed,
governed and enforced under and pursuant to the laws of the State of California. Any action to
enforce or interpret this Agreement shall he filed and maintained within the County of San
Diego, State of California.
f. Advice of Counsel. Each of the Parties has been or has had the
opportunity to be represented in the negotiation and preparation of this Agreement by
independent legal counsel of its own choosing. Each of the Parties further represents that he or
she has read this Agreement and that he or she is fully aware of its content and legal effect and
enters into the Agreement voluntarily, freely and without coercion. Each of the Parties agrees
OR-24-2007 FINAI. SAMRC
-6-
and represents that, except as set forth in this Agreement, no promise, inducement,
understanding, representation, warranty or agreement has been made or relied upon in
connection with the execution of this Agreement. Each of the Parties assumes the risk of any
purported mistake, misunderstanding, misrepresentation or nondisclosure and shall have no
alleged right or claim to set aside or rescind this Agreement based thereon.
g. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties pertaining to resolution of the Claims covered herein.
h. Waiver and Amendment. No breach of any provision hereof can be
waived unless in writing. Waiver of any one breach shall not be deemed to be a waiver of any
other breach of the same or any other provision hereof. This Agreement may be amended only
in a writing executed by all of the affected Parties.
i. No Presumption Regarding Construction. The Parties and their attorneys
have cooperated in drafting and preparing this Agreement. Consequently, the presumption that
ambiguities are resolved against the drafting Party shall be inapplicable, and any such
ambiguities shall not be construed against such drafting Party.
j. Severability. If any term or provision of this Agreement is found by a
court to be void and unenforceable, that finding shall in no way affect any other provision of this
Agreement or any document to be executed concurrently herewith or the validity or
enforceability of the Agreement as a whole.
k. Attorneys' Fees and Costs. The Parties shall bear their own attorneys'
fees, costs and all other expenses (with the exception of Environmental Costs) incurred to date
except as set forth in Exhibit A hereto. In the event it becomes necessary for any Party to
obtain the services of an attorney to bring a suit, claim, action or proceeding to enforce or
interpret the provisions of this Agreement against any Party who has breached any obligation
set firth herein, the prevailing Party shall be entitled to recover its reasonable attorneys fees,
costs of suit and related legal expenses.
I. Parties in Interest/No Third Party Beneficiaries. This Agreement has
been made and is made solely for the benefit of the Parties to this Agreement, and their
respective successors and assigns, and no other person or entity shall acquire or have any rights
under or by virtue of this Agreement. In addition, nothing in this Agreement is intended to
release or discharge the obligation or liability of any third persons to any of the Parties to this
Agreement.
m. Notices. All notices required or permitted under this Agreement shall be
in writing (either by mail or facsimile), and addressed to the Parties for whom it is intended at
the address set forth herein or such other address designated from time to time in writing to all
other Parties:
08-24.2001 FINAL SAMRC
- 7 -
To the Agency:
The Community Development Commission of the City of National City
Attn: Ms. Patricia Beard
Redevelopment Manager
1243 National City Blvd.
National City, CA 91950
With a copy to:
Opper & Varco LI.P
Richard Opper, Esq.
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 231-5858
Facsimile: (619) 231-5853
To the Developer:
AARB, LLC
James Beauchamp, Manager
Alton B. Beauchamp, Trustee
Beauchamp Family Trust
327 West 1 lth Street
National City, CA 91950
To Henschel Trust:
The Henschel Trust
c/o Antonia E. Martin, Esq., Trustee
Law Offices of Antonia E. Martin
401 West "A" Street, Suite 1775
San Diego, CA 92101-7901
Telephone: (619) 231-7575
Facsimile: (619) 231-7593
To Ilenschel Estate:
Estate of Arthur O. Henschel
c/o Antonia E. Martin, Esq., Executor
Law Offices of Antonia E. Martin
401 West "A" Street, Suite 1775
San Diego, CA 92101-7901
Telephone: (619) 231-7575
Facsimile: (619) 231-7593
G8-24-2007 FINAL, SAMRC
-8-
To Named Beneficiaries:
James L. Henschel
432 Madison Avenue
Boonton, NJ 07005
Arthur O. Henschel, III
9100 Single Oak Dr., Space 30
Lakeside, CA
Charlene Bennett
1802 Plaza Drive, Apt 15
Elwood, IN 46036
Any notice so delivered or served shall be deemed made upon receipt by the Parties served or to
whom notice is so given. Notice may also be made by electronic mail transmission or by
facsimile transmission and deemed made as of the date and time of that transmission, if said
notice is followed up by duplicate written notice sent by certified United States mail, return
receipt requested, postage prepaid, prior to the close of thc next business day.
n. Counterparts. This Agreement may be executed in any number of
separate counterparts, each of which shall be deemed an original but all of which when taken
together shall constitute one and the same instrument.
o. Further Documents. The Parties hereto shall execute and deliver all
documents and perform all further acts that may be reasonably necessary to effectuate the
provisions of this Agreement.
OS-24-2007 FINAL SAMRC
[Remainder of page left intentionally blank]
-9-
BEAUCIIAMP FAMILY TRUST
Dated:
Iton B. Beauchamp, Trustee
APPROVED AS TO FORM:
Richard G. Opper
Opper & Varco LLP
Special Environmental Counsel to the
Community Development Commission
of the City of National City
George Eiser
City Attorney
City of National City
Robert G. Russell, Jr.
Procopio, Cory, Hargreaves & Savitch LLP
Environmental Counsel to the Henschel Trust
Sandra Brower, Esq.
Wertz McDade Wallace Moot & Brower
Attorney for AARB, LLC, and
Alton B. Beauchamp as Trustee
of the Beauchamp Family Trust
OR-24-2007 FINAI. SAMRC
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
13
MEETING DATE August 21, 2007 AGENDA ITEM NO.
ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN EIGHTH AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT WITH MARINA GATEWAY DEVELOPMENT COMPANY, LLC,
AND TO EXECUTE A GRANT OF EASEMENT OVER CDC -OWNED LAND FOR THE BENEFIT OF MARINA
GATEWAY DEVELOPMENT COMPANY, LLC, TO FACILITATE THE MARINA GATEWAY REDEVELOPMENT
PROJECT
PREPARED BY George H. Eiser, Ill 'j l ' DEPARTMENT City Attorney
(Ext. 4221)
EXPLANATION
Please see attached memorandum.
Environmental Review N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
• Proposed Resolution
• Eighth Amendment to Disposition and Development Agreement
• Grant of Easement
A-200 (9/99)
CITY OF NATIONAL CITY
OFFICE OF THE CITY ATTORNEY
1243 National City Boulevard, National City, CA 91950-4301
George H. Eiser, III • City Attorney
Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615
E-mail: Attorney@ci.national-city.ca.us
TO: (Chairman and Board Members, ('DC DATE: September 12, 2007
FROM: City Attorney
SIJBJE.CT: Eighth Amendment to DDA and (grant of Easement for Marina Gateway Project
On May 18, 2004, the CDC and Marina Gateway Development Company, LLC
(the "Developer") entered into a Disposition and Development Agreement (the "DDA"), with the
intention that the ('DC would convey to the Developer an approximately 6.32 acre portion of the
National City Redevelopment Project, located at the southeast portion of Bay Marina Drive and
Harrison Avenue, in order for said property to be redeveloped. The Parties have subsequently
determined that it would be in their best interests to convey a portion of the 6.32 acres, and for
the CDC to retain ownership of the remaining portion of the 6.32 acres, while g-anting the
Developer an casement over the property retained by the CDC, in order to allow the Developer
to comply with its Coastal Development Permit and Planned Development Permit, and with the
Harbor District Special Area Plan.
If approved, the proposed Eighth Amendment to the DDA would provide that the CDC will
convey to the Developer the "Conveyed Property", which is somewhat less in area then the entire
"Redevelopment Site". The "Grant of Easement" would grant the Developer the necessary
easement over that part of the Redevelopment Site retained by the CDC, to enable the Developer
to comply with its development obligations
GEORGE I . EISER, III
City Attorney
GI I E!gmo
RESOLUTION NO. 2007 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE AN
EIGHTH AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT WITH MARINA GATEWAY
DEVELOPMENT COMPANY, LLC, AND TO EXECUTE
A GRANT OF EASEMENT OVER CDC -OWNED LAND
FOR THE BENEFIT OF MARINA GATEWAY DEVELOPMENT
COMPANY, LLC, TO FACILITATE THE MARINA GATEWAY
REDEVELOPMENT PROJECT
WHEREAS, on May 18, 2004, the Community Development Commission of the
City of National City ("CDC") and Marina Gateway Development Company, LLC ("Developer")
entered into a Disposition and Development Agreement (the "DDA"), with the intention that the
CDC would convey to the Developer an approximately 6.32 acre portion of the National City
Redevelopment Project, located at the southeast portion of Bay Marina Drive and Harrison
Avenue, in order for said property to be redeveloped; and
WHEREAS, the Parties have subsequently determined that it would be in their
best interests to convey a portion of the 6.32 acres, and for the CDC to retain ownership of the
remaining portion of the 6.32 acres, while granting the Developer an easement over the
property retained by the CDC, in order to allow the Developer to comply with its Coastal
Development Permit and Planned Development Permit, and with the Harbor District Special
Area Plan; and
WHEREAS, the Parties desire to amend the DDA to reflect the above facts.
NOW, THEREFORE, BE IT RESOLVED, that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an Eighth
Amendment to the Disposition and Development Agreement entered into on May 18, 2004, with
Marina Gateway Development Company, LLC.
BE IT FURTHER RESOLVED, that the Chairman is hereby authorized to execute
a Grant of Easement over CDC -owned land for the benefit of Marina Gateway Development
Company, LLC, to facilitate the Marine Gateway Redevelopment Project.
PASSED and ADOPTED this 18th day of September 2007.
Ron Morrison, Chairman
ATTEST: APPROVED AS TO FORM:
Brad Raulston, Secretary George H. Eiser, III
Legal Counsel
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
14
MEETING DATE September IS, 2007 AGENDA ITEM NO.
/i6EM TITLE
/ REPORT TO CITY COUNCIL REGARDING A S'1'ATIJS UPDATE ON TILL HIGHLAND AVENUE
COMMUNITY BENEFIT DISTRICT (CBI)) AND OBJECTIVES OF THE HIGHLAND AVENUE BUSINESS
ASSOCIATION (I-IABA).
PREPARED BY DEPARTMENT
Jacqueline Reynoso (ext. 4293) Economic Development Division
Community Development Coordinator Strategic Action Plan 9b
EXPLANATION
HABA formed in late 2005 to work with the City on ideas for increasing commerce as well as beautifying
Ilig.hland Avenue. In early 2006, the City launched the median project that beautified the streets from 8`h to
16` Streets along Highland. $1.7 million was previously budgeted for future capital improvements to
Highland Avenue. HABA is seeking sustainable strategics to fund the City's beautification efforts.
The City retained the services of New City America to develop the Highland Avenue CBD to fund the
maintenance of current and future capital improvements on Highland. The proposed district would allow for
services above and beyond city services. However, to date the CBD has not been formed. Petitions in support
of the plan have not been received from the largest weighted property owners on Iighland including Wal Mart,
South Bay Plaza I,LC, Mervyns and Foodland Market.
HABA and the City are committed to forming the CBD. Despite the inability to form the district this year,
ABA recommends the following improvements to I Iighland Avenue for the Board's consideration: additional
.,trcet lighting, parking, facade improvements to businesses, recycling and trash receptacles, health and human
services center, public right of way beautification, public space development, code enforcement of sign
�dinances, regular street cleaning, graffiti removal, maintenance of street landscaping, and district branding.
r
Environmental Review N/A
Financial Statement
STAFF RECOMMENDATION C'I)C Board approve and accept the report.
ATTACHMENTS Resolution No.
1. Staff Report
2. Highland Avenue CBD Timeline
A-200 (9l80)
STAFF REPORT'
History
In 2005, a group of Highland Avenue business and property owners began meeting to work with the ('ity
on ideas for increasing commerce as well as beautifying Highland Avenue. For decades, highland
Avenue has served as the commercial spinal cord of the City of National City. Though things have
changed over the past ten years, it still remains the third highest generator of sales tax revenue behind the
Mile of Cars and Plaza Bonita Shopping Center.
Unlike the other two larger sales tax generators in the City, Ilighland Avenue is a classic boulevard, wide
and auto friendly, but also containing many smaller retail land uses. The key to the success of Highland
Avenue in the next 20 years will be to design the streets and sidewalks so they are both vehicular and
pedestrian friendly.
The traffic generation around Plaza and Highland is immense, similar to a big city boulevard. North of 8th
Street and south of 24th Street, Highland has the potential for great gateways to the street. The core of the
street, from Plaza Blvd. to 24th Street, has a variety of retail and commercial uses, with signs of transition
already underway.
The City Manager, Mayor, and City Council seek to continue the beautification efforts on Highland Ave.
Early in 2006, the City launched the median project that beautified the street from 8t° to l6th Streets,
thereby softening some of the harder edges of the street. Approximately $1.7 million was previously
budgeted for the remainder of improvements to Highland Avenue by the City and such improvements
could include new landscaping, wider sidewalks, street medians, pedestrian lighting, or a combination of
all of these features.
To move this effort forward, the Highland Avenue Business Association (HABA), has been established to
work with the City and seek sustainable strategies for funding this beautification effort. If the City
provides the funds for new capital improvements, those improvements will need to be maintained. It is
the responsibility of the benefiting businesses and property owners to provide that high quality
maintenance component. The City provides the capital improvements, and the benefiting business and
property owners may assess themselves to maintain those capital improvements.
The City has sought the services of New City America, a locally based company, to come up with a
financing plan to fund the maintenance of these capital improvements. New City America has formed
two similar districts in National City, including the Mile of Cars and Morgan Square District, and more
than 40 statewide.
The proposed Highland Avenue ('ornmunity Benefit District (CBI)) will propose a financing mechanism
for "special benefits" along Highland Avenue. "Special Benefits" by law are those services over and
above what the city or municipality is currently funding through the general fund. These "special
benefits", according to the relevant statute in the Streets and Highway Code, can fund beautification,
public space development, sidewalk and gutter sweeping, landscaping maintenance, development of
statuaries, fountains, decorations, pedestrian lighting, graffiti removal, or those items allowable under the
statute and prioritized by the affected property owners.
Ilighland Avenue CBD Status Update
The Ilighland Avenue Community Benefit District as envisioned is approximately 43 square blocks. it
consists of approximately 167 weighted property owners whose property would be assessed under the
proposed management district plan. Under California law, every benefiting parcel pays into the
assessment district based upon the benefits received. Some areas may have a greater frequency of
services, due to higher use.
To date, only 5.97% or 13 weighted property owners have signed petitions in support of the plan; and,
16.18%, or 27 weighted property owners have signed petitions in opposition of the plan. By practice, a
petition drive endorsing the plan is initiated to assess the voting strength required to approve the plan.
According to New City America, it is prudent to get 35% of the weighted property owners to support the
plan. It is expected that about 60%-70% of the weighted property owners will return their voting ballots.
The support of Wal Mart, South Bay Plaza I.LC, Sweetwater Union IIigh School District, Mervyn's, and
Foodland Market are needed in order to move the district forward. They comprise 13.95%, 9.79%,
4.04%, 2.55%, and 2.4% of the weighted property owners, respectively. '1'o date, none of these weighted
property owners have submitted their petitions in support of the management district plan. Foodland has
stated that business performance this next fiscal year will influence their decision regarding their support
of the management district plan. City Staff has been working diligently to gain the support of these
property owners. Without their support of the plan, the dist'rict's formation is jeopardized.
Wal Mart is viewed as a key player in the district's formation. They are the largest weighted property
owner on Highland Avenue. Accordingly, they would be the largest beneficiary of services under the
management district plan. HABA and City Staff have met with Wal Mart representatives at the local,
corporate, and regional level to express the mutually beneficial services to be gained from participation in
the Highland Avenue CBD. The City has been open to address any concerns Wal Mart may have about
the plan. Without Wal Mart on board, it will be very difficult to get the plan approved.
'There was insufficient support of the plan for fiscal year 2(X)7 to approve the formation of the Highland
Avenue CRD. The Fixed Charge Special Assessment record is due to the County Assessor by August
10th of each fiscal year. The City was unable to meet that deadline.
Next Steps
Despite this fiscal year's set back in forming the district, the City and HA13A will continue their efforts to
make headway. City Staff met with HABA on August 16, 2007 to inquire about their vision for Highland
Avenue. Below is a list of improvements that HABA would like to see along Highland Avenue for
Council's consideration. HABA remains committed to forming the Highland Avenue CBD. HABA's
mission is to create economic viability and increase property values for business owners on Iiighland
Avenue.
Capital Improvements
• Street Lighting —solar powered street lights provide an energy efficient and low maintenance
option to provide for a safer commercial corridor.
• Parking — possibilities include signage directing customers to side street parking; diagonal
parking; parking structure on or near Highland Avenue; additional parking spaces, parking
meters
• Fagade improvements to existing businesses along Highland Avenue
• Recycling and Trash Receptacles on and around businesses on highland Avenue
• Health & human Services Center- will provide a uniform place for residents to access health,
educational, religious, senior citizen, and social services.
• Public right of way beautification
• Public Space Development
Maintenance & Operation
.HABA would like to see more code enforcement of sign ordinances; regular sidewalk and gutter
sweeping; Regular sidewalk steam cleaning; Spot steam cleaning as necessary; enhanced trash emptying
in the public rights of way; removal of bulky items as necessary; graffiti removal within 24 hours as
necessary; tree and vegetation maintenance; removal of pet wastes in the public rights of way; and the
development of a branding and identity campaign for Highland Avenue.
7_
MAY 15th DEADLINE to gain 35% support of the Management District Plan
Community Benefit District Formation: Highland Ave.
May 2007 - August 2007
New City America to Obatln Petition
Signatures from Business Owners
•1,11 May
September
1243 National City Boulevard; National City, California 91950
Tel.: (619) 336.4250 Fax: (619) 336.4286