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HomeMy WebLinkAbout2008 07-01 CC CDC AGENDA PKTk .:ar.ares--..1v. Agenda Of Regular Meeting - National City City Council / Community Development Commission of the ('ity of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — July 1, 2008 — 6:00 P.M. 1.. - r.wewe «+.tir+Y t. "Atw.v", Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. it is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CA II Pledge of Allegiance to the Flag by Mayor Ron tMon-ison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action roust be brought hack on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4?28 to request a disahility-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 espariol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Celt 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.nationatcity.ra.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 7/1/08- Page 2 CITY COUNCIL PRESENTATION Public Safety Camera Project Update — Manuel Rodriguez, Asst_ Chief of Police CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of June 17, 2008. (City Clerk) Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 325 Civic Center Drive. (TSC Item No. 2008-20) (Engineering) 4. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation a blue curb handicap parking space with sign in front of the residence at 1925 "C" Avenue. (TSC Item No. 2008- 16) (Engineering) 5. Resolution of the City Council of the City of National City calling a Public Hearing to establish an underground utilities District No. 25 for the purpose of converting the overhead facilities. (Engineering) Resolution of the City Council of the City of National City approving a Coastal Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue and Finding of No Significant Environmental Effect, and authorizing the Filing of Notice of Determination. (Applicant: Tong Companies of California, Inc. representing AT&T) (Case Filo No. 2007-51 CDP, IS) (Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/1/08- Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City approving an Agreement between the City of National City and Willis Risk & Insurance Services of San Diego for insurance brokerage services for a period of two years with the ability to extend in one year increments for up to an additional three years. (Human Resources) 8. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement for the establishment of the Regional Cooperative Care Program (RCCP) to provide medical direction and oversight, quality assurance and improvement, and training at no cost to the General Fund. (Fire) 9. Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement with Mayer Hoffman McCann P.C. for independent auditing services for the fiscal year ended June 30, 2008. (Finance) 10. Resolution of the City Council of the City of National City rejecting four bids received for the National City Police Department security fencing and bullet - resistant glazing/paneling project due to insufficient funds in the budget. (Funding was through General Funds, JAG, and SLESF). (Engineering) 11. WARRANT REGISTER # 49 (Finance) Warrant Register #49 for the period of 05/28/08 through 06/03/08 in the amount of $2,672,266.22. (Finance) 12. WARRANT REGISTER # 50 (Finance) Warrant Register #50 for the period of 06/04/08 through 06/10/08 in the amount of $569,028.60. (Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 7/1/08- Page 4 PUBLIC HEARINGS 13. Public Hearing -- Modification of a Conditional Use Permit (2007-22 CUP) to allow for an 830 square foot expansion of an existing pawn shop at 1050 Highland Avenue, Suite E. (Applicant: Express Financial Services) (Case File 2008-08 CUP) (Planning) **Refer to Item #18** 14. Public Hearing of the City of National City regarding Levy of Self Assessments for the Downtown National City Property Business Improvement District (Morgan Square Community Benefit District) to fund ongoing maintenance and operations (public rights of way and sidewalk operations, district identity and streetscape improvements, administration and corporate operations, and the District's reserve fund). (Economic Development) 15. Public Hearing of the City of National City regarding levy of Self - Assessments for maintenance costs associated with Landscape Maintenance District No. 1 — (Mile of Cars). (Economic Development) 16. Public Hearing for the issuance of California Statewide Communities Development Authority revenue bonds in an amount not to exceed $1,250,000 in connection with the Casa Familiar, Incorporated acquisition and rehabilitation project. (Community Development Department, Housing and Grants Division) **Refer to Item #19** 17. Public Hearing — Adoption of the City of National City's 2008 User Fee Schedule. (Building & Safety) **Refer to Item #20** NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National approving a modification of a Conditional Use Permit (2007-22 CUP) to allow for an 830 square foot expansion of an existing pawn shop at 1050 Highland Avenue, Suite E. (Applicant: Express Financial Services) (Case File 2008-08 CUP) (Planning) **Refer to Item #13** CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 7/1/08- Page 5 NON CONSENT RESOLUTIONS (Cont.) 19. Resolution of the City Council of the City of National approving the issuance of California Statewide Communities Development Authority revenue bonds in an amount not to exceed $1,250,000 in connection with the Casa Familiar, Incorporated, acquisition and rehabilitation project. (Community Development Department, Housing and Grants Division) **Refer to Item #16" 20. Resolution of the City Council of the City of National City adopting the City of National City's 2008 User Fee Schedule for User Fees within the City. (Building & Safety) **Refer to Item #17" 21. Resolution of the City Council of the City of National City approving the Census Tracts of the updated Target Employment Area (TEA) for the San Diego Regional Enterprise Zone (SDREZ). (Economic Development Division) NEW BUSINESS 22. Time Extension Request — Tentative Subdivision Map for 'Centro/Revolution R2 Condominiums' — Location: 41 East 12`h Street — APN: 556-554-16 and - 17. (Applicant: Constellation Property Group LP) (Case File No.: 2.008-24 TE S-2006-5) (Planning) 23. Temporary Use Permit — FOCIS Expo hosted by New Harvest Christian Fellowship at El Toyon Park on August 2, 2008 from 12 p.m. to 4 p.m. with no waiver of fees. (Building & Safety) 24. Temporary Use Permit — 16th Annual Fiesta Filipiniana-Mexicana Karaoke Competition hosted by the Seafood City Supermarket on August 2, 2008 from 11 a.m. to 8 p.m. at 1420 Plaza Blvd. with no waiver of fees. This agenda item is being revisited due to a change in the event's hours of operation. (Building & Safety) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/1 /08- Page 6 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 25. Warrant Register for the period of 05/30/08 through 06/12/08 in the amount of $856,205.09. (Community Development Commission/Finance) 26. Resolution of the Community Development Commission of the City of National City (CDC) approving an Agreement with Harris & Associates to provide as -needed civil engineering services with not -to -exceed amount of $200,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) STAFF REPORTS 27. Update on reorganization — 1st Phase. (City Manager) 28. Update on park renovation project. (City Engineer) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday July 15, 2008 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AYAII, ARI. FOR SALE IN THE CITY CLERK'S OFFICE ITEM #1 7/1/08 PUBLIC SAFETY CAMERA PROJECT UPDATE - MANUEL RODRIGUEZ, ASST. CHIEF OF POLICE - City of National City, California COUNCIL AGENDA STATEMENT ar1EETING DATE July 1, 2008 AGENDA ITEM NO. 3 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 325 Civic Center Drive (TSC Item No. 2008-20) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION A -.ir�Resolution. B ' ARD / COMMISSION - COM A 0 At their meeting on June 11, 2 8 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 325 Civic Center Drive. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee (June 11, 2008) A-200 (Rev. 7/03) Explanation Mrs. Frances Raines requested a handicap parking space in front of her house located at 325 Civic Center Drive. Staff visited the site and observed that available parking is limited in the immediate vicinity of Mrs. Raines' house. Staff also verified that Mrs. Raines does not have off-street parking available on her property. There are no handicap parking spaces in the immediate vicinity of her residence. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 325 Civic Center Drive. The blue curb handicap parking space with sign will be installed by the City Public Works Department. TSC 2008-20 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE PROPERTY LOCATED AT 325 CIVIC CENTER DRIVE (F. RAINES, TSC ITEM NO. 2008-20) WHEREAS, Mrs. Francis Raines, who is disabled, has requested that a blue curb handicap parking space be installed in front of her home located at 325 Civic Center Drive; and WHEREAS, at its meeting on June 11, 2008, the Traffic Safety Committee approved the installation of a blue curb handicap parking space with sign in front of the property,. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a blue curb handicap parking space with sign in front of the property located at 325 Civic Center Drive. PASSED and ADOPTED this 1st day of July, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 5 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 11, 2008 ITEM TITLE: 4 � 11 E M NO 2oa8. 2(1 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 325 CIVIC CENTER DRIVE (BY: F. RAINES) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Frances Raines is requesting the installation of a handicap parking space in front of her house located at 325 Civic Centel Drive. Mrs. Raines is handicapped as is her mother. Recently her mother has taken ill and requires to be driven back and forth to the doctor frequently, in some cases for emergency purposes. Mrs. Raines is responsible for driving her mother and has a valid Disabled Person Parking Placard. Mrs. Raines has indicating that parking is typically unavailable on her block due to vehicles from nearby commercial/industrial businesses. Staff visited the site and observed that available parking is limited in the immediate vicinity of Mrs. Raines' house. Staff also verified that Mrs. Raines does riot have off- street parking available on her property. There are no handicap parking spaces in the immediate vicinity of her house. The City Council has adopted a policy, which is used to evacuate requests for handicap parking spaces. 1 he City Council Policy requirements for "Special i hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off street parking available or an off- street space available that may he converted into disabled parking. This condition is met Since all three conditions of the City Council's Disabled Persons Parking Policy are met tor this "Special Hardship" case, staff recornmends installing a blue curb handicap parking space with sign in front of the residence. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recornmends installing a blue curb handicap parking space with sign in front of the residence at 325 Civic Center Drive EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. City Council Policy for Disabled Persons Parking 2008-20 1 DEPARTMENT OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: 520011J EXPIRES: 06; 3012009 DATE ISSUED: 04%1C/2007 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately not;fy DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. TYPE: N1 DOB: 32/06/1954 TV: 92 ISSUED TO RAINES FRANCES MARIA 325 •CIVIC CENTER DR NAT:ONAE. CITY CA 91950 CO: 37 Purchase of fuel (Business & Professions Code 13660): ' S:ate taw rec..ires service stations to ref.:ei a d saoled perscn's vehicle at self-service rates, except self-service facilit;es witn only one cashier. When your placard Is properly displayed, you may park In or on: ' Disab,ed person parking spaces (glue zones) • 'Metered zones 'without paying. ' Green zones without restrictions to time limits. ' S:reeis 'where preferential parking privileges a'e giver to les der:s and me -charts. You may not park In or on: ' Red. Yellow, White or Tow Away Zones. • .:rosshatc.`t marked spaces '.ext :c disab.ed person parking spaces. It is considered misuse to: ' Cisp:ay a placard unless :he csablec owner is 5e ng --a,nsportec. Display a placard which has peen cancelled o- revo;ea, _oan you- placard to anyone, including fam'!y nenpers. 'P✓:s,,se is a misdemeanor isect on 44E'VC; ar.d car, result in carcellat on or revocation of the placarc: loss 'of parking pr,vLeges, andior fnes. CIE Location Map 325 Civic Center Drive (looking north) DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parkin;; spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the Califixnta I)epattnrent of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking, spaces for disabled persons pursuant to California Vehicle Code 2l 101, et seq. at the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. hospitals arid convalescent homes with more than '75 -bed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens sei vice centers. etc Accredited vocational training and educational facilities where no off- street parking is provided for disabled per suns 6 Employment offices fix major enterprises employing more than 200 persotrs. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. Other places of -assembly such as schools and churches (0. Commercial and/or office building(s) with an aggregate of mote than 50,000 square feet. of usable floor space Zone shall be located to serve a maximum number of facilities on one block. 11. llotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is °pclat.ed 24 hours per day 12 A hotel or apartment house catering to weekly of monthly guests and containing more than 30 separate living units In addition, disabled petsons [talking spaces may be provided within all publicly owned, leased or controlled off street parking facilities as specified in the General Requirements General Requirements Each disabled persons parking space shall he indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall he distributed uniformly within the area Disabled persons parking will not he installed at locations with a full-time parking prohibition. When a disabled petsons parking, zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part -tune parking prohibition. The cost of installing disabled petsons parkin' will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going uatutc. The intent is to prevent the proliferation of special parking stalls that may he installed fix a short-term purpose but late' arc seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on- shect pat king Iut the ;ene'al public, and den act from the overall effectiveness of the disabled persons parking program Special llardship ('ascs It is not the intention of the City to provide personal resetvcd parking, on the public right-jofway, especially in residential areas however, exceptions may be made, itt special hardship cases, provided all of the following conditions exists (1) Applicant (or guardian) must. he in possession of valid license plates tut "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence (3) Subject residence trust not have useable o!T sheet pat king available of off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal tesctved pal king" and till( any petsi)n with valid `disabled persons" license plates may park in the above stalls. Jhap City of National City, California COUNCIL AGENDA STATEMENT ` ..AEETING DATE July 1, 2008 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 1925 "C" Avenue (TSC Item No. 2008-16) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION A • • • the Resolution. / COMMI AT • At their meeting on June 11,'2008 the Traffic Safety Committee supported installation of a blue curb handicap parking space with sign in front of the residence at 1925 "C" Avenue. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee (June 11, 2008) A-200 (Rev_ 7/03) Explanation Mrs. Bertha Moreno requested a handicap parking space in front of her house located at 1925 "C" Avenue. At their meeting on June 11, 2008 the Traffic Safety Committee concluded that no "useable" off-street parking spaces are available on Mrs. Moreno's property. After further investigation on the availability of off-street parking, staff agrees that a handicap parking space is warranted since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case (see below). No existing handicap parking spaces are available in the immediate vicinity of Mrs. Moreno's residence. The City Council Policy requirements for "Special Hardship" cases are as follows: 1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3) The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 1925 "C" Avenue. The blue curb handicap parking space with sign will be installed by the City Public Works Department. TSC 2008-16 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE PROPERTY LOCATED AT 1925 "C" AVENUE (B. MORENO, TSC ITEM NO. 2008-20) WHEREAS, Mrs. Bertha Moreno, who is disabled, has requested that a blue curb handicap parking space be installed in front of her home located at 1925 "C" Avenue; and WHEREAS, at its meeting on June 11, 2008, the Traffic Safety Committee approved the installation of a blue curb handicap parking space with sign in front of the property,. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve a blue curb handicap parking space with sign in front of the property located at 1925 "C" Avenue. PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey T1 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 11, 2008 ITEM TITLE: I EEN1I:. O. 209846 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1925 "C" AVENUE (BY: B. MORENO) PREPARED BY: Adam Landa, Engineering Department DISCUSSION: Mrs. Bertha Moreno is requesting the installation of a handicap parking space in front of her house located at 1925 "C" Avenue. Mrs. Moreno has fallen several times because of the medication that she has to take. She is disabled and has a valid "Disabled Person Parking Placard. Staff visited the site and observed that there are two off-street parking spaces available in the rear of the property. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special f lardship" cases are as follows: Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. This condition is not met. Since all three conditions of the City Council's Disabled Persons Parking Policy are not met for this "Special Hardship" case, staff recommends not installing a blue curb handicap parking space with sign in front of the residence at 1925 "C" Avenue. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are not met for this "Special Hardship" case, staff recommends not installing a blue curb handicap parking space in front of the residence at 1925 "C" Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. City Council Policy for Disabled Persons Parking 2008•1G 1925 (: AVenuF> National City, CA 91950 May 5, 2008 /2/.3 - It d IAA io rut ctt • qie/57) Attention: S Conirvtt C'f'I n10ecki '' / To Whorn It May Concern: I Berta Moreno and Abraham Moreno are petitioning to have the sidewalk directly in front of 1925 C Avenue in National City, CA 91950 painted for handicap parking. We do not have a garage and we live in a very populated area with limited parking. Heria is under the care of Dr Lucy Pofnk 7 do !gas provided vide d a handicap - parking permit. She has had several falls because she is under a lot of medication, which she will be taking permanently. 1 ime again and again there is no where to park and we are left no choice hut to park around the cross street and under the circumstance that Berta is in with a lot of medication she has difficulty with her balance and is susceptible to falls. We have been residing at this address for over 28 years and we have never had the need for this request until now. Being that we are in our seventy's and very ill we would benefit from this gesture. Thank you for your attention and time with this matter. l:J ti fh, • z _ Abraham Moreno Berta Moreno 1 DEPARTMENT .OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT TYPE: N 1 TV:92 DOB: 03/01 / 1940 ISSUED TO MORENO BLRTA TEOFII.A 1925 C AVE PLACARD NUMBER: 521103J EXPIRES: 06/30/20(19 DATF ISSUED: 04/10/2007 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, you may park in or on: • Disabled person parking spaces (blue !ones) • Metered tones without paying. • Green tones without restrictions to time limits. ' Streets where preferential parking privileges are given to residents and merchants. You may not park in or on: • Red, Yellow, White or Tow Away Tones. NATIONAL CITY CA 91950 ' Crosshatch marked spaces next to disable person parking spaces. CO: 37 Purchase of fuel (Business & Professions Code 13660): State law requires service stations to refuel a i red person's vehicle at self-service rates, self-service facilities with only one cashier It is considered misuse to: ' Display a placard unless the disabled owner is being transported. • Display a placard which has been cancelled or revoked. • Loan your placard to anyone, including family members. Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines. 0U rwv000 H�is,u t o 1 \ 0 ,. C� <a O \t<, ()) \ \ `( 1 Cr \ C)\C ()\\ `�) \ " \ C�\ O'\ <' \ \ (0 r\ \ v) C> (_) ( \ '\ (� `� �.� ' O (• )\ \\ (1) \ (----\ C) (' ) U \ C''1 C'-\ DISABLED PERSONS PARKING POLICY The purpose ofa disabled persons parking zone is to provide designated pat king spaces at major points of assembly lour the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21 101, et seq. at the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries; police stations, etc. 2 (lospitals and convalescent homes with more than 75-bed capacity. .i. Medical facilities and doctors' offices staffed by a maximum of five practitioners. "Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service canters, etc. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing mote than 200 per sons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. X. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating; capacity. Other places of assembly such as schools and churches. 10. Commercial and!ot office building(s) with au aggregate of mote than 50,000 square feet. of usable floor space. Zone shall be located to serve a maxunum number of facilities on one block. I I. I{otels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours pet day 17. A. hotel of apartment house catering to weekly or monthly guests and containing more than 30 separate living units In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking Facilities as specified in the General Requirements. C:eneral Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility' (a motile view of a wheelchair with occupant.) \\There installed under the above ci itet is the total uumbet of disabled persons curb parking spaces will he limited to 3'o of the total nuinher of on -street parking spaces available in the area and shall he distributed umlininly within the area. Disabled persons parking will not be installed at locations with a full time parking prohibition. When a disabled persons parking zone is installed where a pats -time parking prohibition is in effect, the disabled persons pat king zone will have the same time restrictions as the part-time parking prohibition The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination trade that the need is of an ongoing nature The intent is to prevent the proliferation of special parking, stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such pal king stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking firr the general public, and detract from the overall effectiveness of the disabled persons parking program Special Hardship Cases It is not the intention of the City to provide personal reserved parking, on the public right.jof-way, especially in residential areas However, exceptions may he made, in special hardship cases, provided all of the following conditions exists. Applicant. (or guardian) must be in possession of valid license plates for "disabled persons" or `disabled veterans " The proposed disabled parking space must he in flout of the applicant's (or guardians) place of testdence. (3 j Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE.It must he emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls Jha p City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 1, 2008 AGENDA ITEM NO. ITEM TITLE A resolution of the City of National City Council calling a public hearing to establish an underground utilities District (No. 25) for the purpose of converting the overhead facilities. PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On June 9, 2008, the representatives of the City and the utility companies completed a field walk-through and established the conversion boundaries of the proposed District No. 25. The district includes Bay Marina Drive from Cleveland Avenue west to Harrison Avenue; Harrison Avenue from Bay Marina Drive north to 23rd Street; 23`d Street east to McKinley Avenue; and Cleveland Avenue from 23"' Street south to Bay Marina Drive. The map (exhibit "A") and impacted properties address list (Exhibit "B") are attached. In compliance with Ordinance No. 1414 of the City of National City, Staff is requesting a date to hold a public hearing to ascertain whether the public health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures within the designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service. It is recommended that the public hearing be held on August 5, 2008. Environmental Review X N/A MIS Approval Financial Statement Funds are available from the Tax Increment Fund Approved By: din. FManc D'nector Account No. STAFF RECOMMENDATION ub, H. ring Notice fii$eej(1 Hold pu hearing and request the City Clerk's office to send the or to hearing (August 5, 2008). • ARD / COMM ISSIONJRECOMMENDATI N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Exhibit "A" — Boundary Map (District 25) t3. Exhibit "B" — List of names and addresses of the property owners within proposed District 25 A•200 (Rev. 7ro3) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING FOR AUGUST 5, 2008, TO DETERMINE IF UNDERGROUND UTILITIES DISTRICT NO. 25 IS REQUIRED FOR THE PURPOSE OF CONVERTING THE OVERHEAD FACILITY ALONG BAY MARINA DRIVE FROM CLEVELAND AVENUE WEST TO HARRISON AVENUE; HARRISON AVENUE FROM BAY MARINA DRIVE NORTH TO 23RD STREET; 23RD STREET EAST TO MCKINLEY AVENUE; AND CLEVELAND AVENUE FROM 23RD STREET SOUTH TO BAY MARINA DRIVE WHEREAS, on June 9, 2008, representatives of the City and the utility companies completed a field walk-through and established the conversion boundaries of proposed Utility District 25; and WHEREAS, San Diego Gas & Electric (SDG&E) has reviewed the parameters of the proposed conversion project and verified that the project complies with the criteria for a 20B conversion; and WHEREAS, in accordance with National City Ordinance No. 1414, staff requests a public hearing to ascertain whether the public health, safety and welfare require the removal of the poles and overheard wires, and the underground installation of wires and facilities for supplying electrical and communication services within the proposed boundaries of Utility District No. 25. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in the proposed conversion project is hereby set for 6:00 p.m. on August 5, 2008, in the City Council Chambers in the Civic Center, 1243 National City Boulevard, National City, Califomia. BE IT FURTHER RESOLVED that the City Clerk of the City of National City is hereby directed to provide notice of the time and place of said hearing in accordance with the law. PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney DA TF:6/ 18/ 08 BAY MAR/NA DR. DISTRICT 25 BOUNDARY CAL E:1"=1Oo' EXHIBIT `A" DISTRICT 25 BOUNDARY MAP P•\6_ rt1141\4o.nrnI•i\94yrrnnr_.T. �\v •. rID1\IfIr4:r.�rUV at'S,nl1wY-1006\work.Nw++“w olec•e•r.r_.. I_.r.]•. SC\ID c4\r.nl• ..I . ',on Met.roScan / San Diego (CA) i):✓ii-L :I'J�Ie.S '.,B I'u_.. F'.:i •. hv:. fLu.- ?iCe A:c - MetroScan / San Diego • _;./ir. ! , •. ..... ..,. I<„t inn i C. '-i MetroScan / San Diego (CA) C`',,.:cr :Myres. .:..ral,l .. ?arbt,... ..... :-1()1.6 : MetroScan / San Diego (CA) 1 • •_,. :224(: (l., (7 N1.�zl :Y,23 W 7ir 1 . MetroScan / San Diego (CA) • :City- (CA) McLroS<an / San Diego (CA) • :City (,): .':imrn;:r.i! Hail : L ut _ _ _ - : MetroScan / San Diego (CA) ."'.:.,. .7.:0 .v` 1 MetroScan / San Diego (CA) -�1. ..'.;V t ' .. ,.. .;•._ .:.�,t 1r1:._ ! : MetroScan / San Diego (CA) • meI :C'i' :; o :' _r1:� "'i.. :, J',rii•, `•idi.i :' ;r i s U c, :1kno;.r1 Tr; lt:n: MetroScan / San Dingo (CA) .2 i1 :2501 !':.,!"_.:1: 1''7.�. I . •".1i)1.l 1. 1: •1'-' L•..:..rr... .-. EXHIBIT "B" Information r ompdediron ources. Real Ecwt.•Solutions mu.',e1 no repre\e11t(1 v or Wart :nrlies aS to thr m r uricy or rompl.'hrness ul tnformuu nn contained in this repOr(. Metrc)Rcan / San Diego (CA) :,,1111,:V CO !I: 17 00 C,Lty 116.H iThoriE= California Department of Transportation 4050 Taylor Street San Diego, CA 92110 by-arm:abut compileeffeam Vdril,,,Y sources. Rea! ESIilie SOiliiiOnS makes no representations al warratmes as ( tht'aecuracy or completeness of informatton remained in day ',port City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 1, 2008 AGENDA ITEM NO. 6 ITEM TITLE Resolution Approving a Coastal Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue and Finding of No Significant Environmental Effect, and Authorizing the Filing of a Notice of Determination. Applicant: Tong Companies of California. Inc. Representing AT&T. Case File No. 2007-51 CD . PREPARED BY Martin Reeder, 336-4310 EXPLANATION DEPARTMENT Planning The City Council voted to approve this item at the June 17, 2008 public hearing. The attached resolution is needed to follow through on the action. Environmental Review Negative Declaration (2007-51 IS) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION v, Adopt the attached Resolution. TN BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. i Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A COASTAL DEVELOPMENT PERMIT FOR AN AT&T FIELD OPERATION CENTER AT 3202 HOOVER AVENUE AND FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION. APPLICANT: TENG COMPANIES OF CALIFORNIA, INC., REPRESENTING AT&T CASE FILE NO. 2007-51 CDP, IS WHEREAS, the Planning Commission considered an application for a Coastal Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue and Proposed Finding of No Significant Environmental Effect at a duly advertised public hearing held on April 7, 2008, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a duly advertised public hearing held on June 17, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. 2007-51 CDP, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Coastal Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue with a Finding of No Significant Environmental Effect, and authorizes the filing of a Notice of Determination, based on the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT That the granting of this Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the project involves minor land alterations and building construction on existing industrially -zoned parcels in an area designated by the Local Coastal Program for such use. 2. That the Conditions of Approval and Mitigation Monitoring and Reporting Program are adequate to carry out the Certified Local Coastal Program, as required in the implementing ordinances, since they mitigate impacts to the following: o Marsh restoration; o. Resource protection; c Stormwater run-off interception/prevention; Plant and tree selection; o Construction of anti -perching elements; o Site drainage both during and post construction; Resolution No. 2008 — July 1, 2008 Page 2 o Sign requirements; o Site lighting limitations; o Protection of archaeological and paleontological resources; o Pre and post construction Best Management Practices (BMP). 3. That granting of this coastal development permit is consistent with all other City plans and ordinances, since the project complies with applicable Land Use Code requirements and since the industrial use involved in the project area is identified by the General Plan as an appropriate use in the project area. RECOMMENDED FINDINGS FOR APPROVAL OF MITIGATED NEGATIVE DECLARATION 1. That the Mitigated Negative Declaration (2007-51 IS) has been read and considered together with any comments received during the public review process; and, 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City' s independent judgment and analysis. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Coastal Development Permit for an AT&T Field Operation Center at 3202 Hoover Avenue is hereby approved subject to the following conditions: 1. This Coastal Development Permit authorizes an AT&T Field Operation Center at 3202 Hoover Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2" Revision, case file no. 2007-51 CDP, dated 10/2/2007. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. All parking islands and areas not used for vehicular or pedestrian access shall be landscaped. All landscaping in the vicinity of the marsh area shall conform to all revegetation and restoration provisions of the Mitigation Monitoring Report. The Landscape plan shall be reviewed by a biologist to ensure compatibility with the native landscaping adjacent to Bannister Marsh. 3. Exterior walls of buildings/freestanding signs/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. Prior to final building permit inspection and approval, all temporary lighting shall be removed from the premises. Resolution No. 2008 — July 1, 2008 Page 2 5. The marsh and buffer will be set off from the development footprint by a fenced 25-foot buffer along the southern boundary of the marsh as delineated and described by the Local Coastal Program Open Space Reserve (OSR) designation. The fencing will be a chain -link with slats fence of six (6) feet in height. The buffer will be excavated one foot on the marsh side to remove existing fill. This removal will result in a slope that will be day -lighted to the present elevation, 12 feet from the marsh edge. This slope and the remainder of the 25-foot buffer is to be ripped to a depth of 6-inches to allow for seeding and planting. 6. Install a fence with one lockable gate between the proposed use and the wetland buffer. The fence must be adequate to prevent entry by humans into the buffer. Any trespass into the marsh shall be corrected upon detection. 7. Install signage in appropriate locations along the fencing to explain the sensitive nature of the buffer and Bannister Marsh and to inform people not to enter. The signs should read " No Trespassing — Sensitive Wetland Area" . 8. All structures and active or passive uses within the buffer, with the exception of the restoration and maintenance activities, shall be prohibited and prevented. 9. All exterior lighting shall be shielded and directed away from Bannister Marsh and the landscape buffer. 10. All structures with a view of or within 200 feet of Bannister Marsh, including fencing surrounding the buffer area shall be topped with Nix-A-Lite wire to prevent raptor perching. 11. Design and implement a water quality treatment system at the north end of the disturbed area to treat runoff from the site prior to such flow entering the Bannister Marsh system. 12. Do not include invasive plant species, as identified in the Invasive Plant Council' s current inventory of invasive plants (http://www.catipc.ord/ip/inventory/index.pho), in any landscaping proposed for the proposal. 13. The removal of exotic vegetation and replanting with native species constitutes an alteration of the drainage. A California Fish and Game Code 1600 Streambed Alteration Agreement from the California Department Fish and Game will be required. 14. The southern buffer area is to be planted, by seed or container -grown plants, with native annuals and perennials implemented to provide forage habitat, cover and erosion control. The plantings shall be consistent with the recommended taxa list included with the Biological Assessment and Jurisdictional Delineation PSBS #U883, dated August 29, 2007, Revised January 11, 2008. 15. The eastern inlet area is to be planted, following the removal of the exotic plants there, with Freshwater Marsh vegetation so that this area functions as a water quality treatment marsh. This will require lowering the northern area adjacent to the inlet a distance of 2 feet to allow for greater inflow retention time and to permit storm flows without eroding out the treatment plantings. Treatment Marsh plantings shall be Resolution No. 2008 — July 1, 2008 Page 3 consistent with the recommended taxa list included with the Biological Assessment and Jurisdictional Delineation PSBS #U883, dated August 29, 2007, Revised January 11, 2008. 16. Protection of all installed plant materials on the project site will be provided by temporary orange construction fencing installed along the edges of these features to protect all environmentally sensitive areas. The fencing locations will be approved by the Project Biologist prior to installation, and shall be installed around these areas prior to the beginning of vegetation clearing and grading. The fence will consist of orange snow fence attached to metal T-posts. All fencing materials must be a minimum of 4-feet high to prevent construction equipment and personnel from entering environmentally sensitive areas. The protection fence will remain in -place until restoration/enhancement activities are complete. 17. Restoration of the area within the wetland buffer shall include preparation of the area for planting native upland species, and shall include a Mitigation Monitoring and Reporting Plan (MMRP) with a life of a minimum of five years. The MMRP shall include steps for evaluation of the effectiveness of all mitigation measures, including the prevention of raptor perching. If the steps included herein, or addressed under Conditions of Approval of the associated discretionary permit (2007-51 CDP, IS) are not effective, additional time and/or resources shall be attributed to ensure success of said measures. 18. Maintenance of the buffer area shall include removing any non-native species that become established, replacing of native plants that do not survive, and temporarily irrigating or watering the native vegetation to assist in its establishment. Maintenance of the buffer should continue until the planted native vegetation persists without irrigation for at least two growing seasons. 19. Grading plans for the project should include conditions requiring measures to avoid direct or indirect impacts from dust, erosion and siltation. Grading should result in contour that does not allow for runoff into the marsh habitat other than through controlled drainage structures with appropriate best management practices to removed pollutants. Best Management Practices (BMP' s) will be utilized during construction to insure control of runoff and sedimentation. AU grading activities will take place outside of breeding or nesting seasons of marsh habitat species. 20. The applicant shall demonstrate that no machinery fluids will be added or changed on the revegetation site or near the stream channel; refueling of machinery will occur within designated upland areas and only over areas with a non -permeable membrane installed to be noted on grading and building plans. 21. A note shall be included on all grading and building plans that no dumping of debris or stockpiling of soil will occur in or near the Bannister Marsh. 22. On -going archaeological and paleontological monitoring shall be conducted during all construction and development activity that involves grading, excavation, or other disruptions to the surface of, and/or materials at depth beneath the project site. Resolution No. 2008 — July 1, 2008 Page 4 23. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 24. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 25. The property is in the Federal Flood Plain area. A Flood Hazard Permit shall be obtained from the Engineering Department. 26. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the " Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 27. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 28. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 29. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City' s standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. Resolution No. 2008 — July 1, 2008 Page 5 30. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 31. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 32. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp " S" shall be provided on the curb to mark the location of the lateral. 33. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 34. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 35. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 36. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 37. The project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2007 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards and City of National City Municipal Code and Ordinances as adopted by the City of National City. 38. Access into and through the yard will require a minimum clear width of 20 feet with an unobstructed vertical clearance of 13 feet 6 inches. 39. Estimated minimum fire flow requirement will be 1,750 gpm measured at 20 psi residual pressure with a duration of two hours. 40. Prior to building permits, information regarding fire flow requirements shall be submitted to Sweetwater Authority to determine the need for new water systems or substantial alteration to the existing water system. 41. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all Resolution No. 2008 — July 1, 2008 Page 6 necessary environmental filing fees to 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 $1,876.75 for a Mitigated Negative Declaration, and a County Clerk processing fee of $50.00. 42. Before this Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Coastal Development. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 43. This permit shall be valid for one year from the date of final City action upon the application, unless extended according to procedures specified in Section XIX (R) of the Local Coastal Program Implementation Document. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this lst day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT NEETING DATES 07-01-08 AGENDA ITEM NO. 7 / EM..TITLE Resolution by the City Council of the City National City approving an agreement between the City of National City and Willis Risk & Insurance Services of San Diego for insurance brokerage services for a period of two years with the ability to extend in one year increments for up to an additional three years. PREPARED =,.+" DEPARTMENT Stacey S Director EXPLANATION Refer to attached report. IIuman Resources Environmental Review Financial Statement Based on the City's experience, the agreement is estimated at $65,000 per year. Fees will be paid on a commission basis. Premiums are paid to the City's benefit providers. In turn, the providers pay a commission fee to the City's broker. Premiums are charged to departments based on a fixed cost distribution schedule. ✓ N/A Account No. N/A STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) CITY OF NATIONAL CiTY MEMORAND1IM DATE: June 11, 2008 TO: Honorable Mayor and City Council FROM: Stacey Stevenson, Director of I Iuman Resources SUBJECT: Staff Report - Resolution by the City Council of the City National City approving an agreement between the City of National City and Willis Risk & Insurance Services of San Diego for insurance brokerage services for a period of two years with the ability to extend in one year increments for up to an additional three years. in calendar year 2007, at the direction of the City Manager, staff created an employee directed Benefits Committee. In phase one of its inception, the Comtittee, which includes representatives of all three (3) labor unions, has sought to educate itself on the intricacies of employee benefits, with particular attention to the complexities of the health care industry. The cost of medical insurance continues to rise as the demand for comprehensive medical care increases. The City of National City (City) has experience increased health care premiums in each of the last eleven (11) years at an average rate of 8.6%. In this current plan year, premiums for our two (2) health care providers increased by fourteen percent (14%) and ten and one-half percent (10.5%). At the conclusion of the educational phase, the Committee determined that a number of issues should be further studied and addressed moving forward, including a review of and enhancement to voluntary benefits (voluntary benefits are paid for by the employee). The Committee also recommended that the City reexamine the manner in which benefits are procured. The City of National City procures health, dental, life and other voluntary employee benefits through the services of an insurance broker. Having been in a long standing relationship with the current broker of record, in April, 2008, with the concurrence of the Benefits Committee, Iluman Resources staff initiated a process, issuing a Request for Proposals (RFP) in an effort to evaluate the competitiveness and effectiveness of the current broker services received. In all, five (5) responses to the RFP were received. After reviewing the proposals, all five firms were invited to interview with a subcommittee of the Benefits Committee. The proposed firm, Willis Risk & Insurance Services of San Diego, was selected based upon their understanding of the industry in general and their knowledge and experience related to similarly sized agencies in San Diego County, specifically; as well as their comprehensive package of broker services and the staff support the firm will be able to provide to the City. Under the terms of the proposed agreement, the firm will be paid on a commission basis, consistent with typical industry practices, with a contract duration of two years with the ability to extend in one year increments for up to an additional three years. Honorable Mayor and City Council Staff Report — Request to Approve Agreement with Willis for Broker Services Page 2 Once said broker services arc secured, the Benefits Committee and staff of the Iluman Resources Department will work with the firm in developing a comprehensive plan to address the City's benefits structure. STACEY STEVENON AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WILLIS RISK & INSURANCE SERVICES OF SAN DIEGO THIS AGREEMENT is entered into this 1st day of July, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WILLIS RISK & INSURANCE SERVICES, a New York corporation (the "CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide insurance brokerage services. WHEREAS, the CITY has determined that the CONSULTANT is an insurance brokerage firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A ". The CONSULTANT 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 CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Stacey Stevenson, Director of Human Resources, is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Christie Barr of WILLIS RISK & INSURANCE SERVICES is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly broker commissions built into the employee benefit plans. CITY shall not be obligated to pay any commissions to CONSULTANT. CONSULTANT's commission is based upon percentages negotiated with the various insurance companies, and paid directly to the CONSULTANT by the various insurance companies. The commission percentage shall be disclosed to CITY. CONSULTANT's commission shall not exceed current commission percentages being paid for plan year 2008. The CONSULTANT's compensation may be revised if the City requests a change in the Coverages and/or Services during the Term of this Agreement, and if both parties enter into a written agreement documenting any change in Coverages, Services, or compensation. In addition, if there is a material change in the risk/exposure base, or the overall number of employees, both parties may revise the compensation upon further discussion. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. The time duration of this Agreement is from July 1, 2008 to June 30, 2010 (2-year agreement), which may be extended by the CITY in one-year increments for up to an additional three years (until June 30, 2013). 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Plans, Specifications and other documents prepared under the terms of this agreement by the CONSULTANT 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 CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only 2 City's Standard Agreement — June 2008 revision 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. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the 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 CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 3 City's Standard Agreement — June 2008 revision 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the 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 CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT 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 CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT 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. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the 4 City's Standard Agreement — June 2008 revision CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT 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 CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: C 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 owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D_ Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'Semployees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 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 workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years 5 City's Standard Agreement — June 2008 revision after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 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. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not 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. 19. 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. 20. 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 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 City's Standard Agreement — June 2008 revision 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 CONSULTANT 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 CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. 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 CITY: To CONSULTANT: Stacey Stevenson Director of Human Resources Human Resources City of National City 1243 National City Boulevard National City, CA 91950-4301 Christie Barr Vice President Willis Risk & Insurance Services 4250 Executive Square, Suite 250 La Jolla, CA 92037 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 7 City's Standard Agreement —June 2008 revision 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ® If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8 City's Standard Agreement — June 2008 revision I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 24. BROKER SERVICES AGREEMENT ADDENDUM: CONSULTANT agrees to abide by the Broker Services Agreement Addendum, Exhibit B, and incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY WILLIS RISK & INSURANCE SERVICES (Corporation — signatures of two corporate officers) By: Ron Morrison, Mayor By: le, 1Le_ ttAr (Name) LI n CLe, 1LC Utz - (Print) rtAtt_ v U APPROVED AS TO FORM: (Title) By: George H. Eiser, III (Name) Ckris'71ie 73R.r. City Attorney outa, (Print) VOL P p -/ (Title) 9 City's Standard Agreement — June 2008 revision EXHIBIT A SCOPE OF SERVICES Consultant agrees to perform consulting services as required by City. Consultant shall provide the necessary qualified personnel to perform the services. In performance of the services Consultant services include: 1. Strategic Planning • Assist in defining and prioritizing strategic health & welfare plan objectives • Assist in the evaluation of internal technical capabilities to determine increased/improved applications for administrative processes • Identify underperforming vendor relationship • Assess carrier/vendor customer service levels • Develop project action timelines • Periodic review of employee demographics • Assist in the development of an employee survey. Conduct survey and provide an executive summary detailing results • Discuss relevant benchmarking data 2. Financial Analysis • Perform financial review and analysis of experience reports • Assess current funding arrangements for appropriateness and make recommendations as needed • Evaluate current costs of benefits versus effectiveness of plan design • Review managed care expense and administrative service fees (where applicable) • Analyze utilization data and cost containment results of medical management • Forecast projected benefit costs to include maximum exposure • Evaluate excess loss coverage • Prepare experience reviews as directed • Assist in developing appropriate employee contributions levels • Perform trend analysis from available diagnostic and normative data 3. Renewal • Analyze and negotiate renewals with vendors • Review vendor renewal methodology, experience data, and assumptions for accuracy and logic • Compare vendor renewal with Willis projections • Develop and present alternative plan designs and provisions with associated financial and member impact analysis • Finalize program design, rates, and fees a minimum of 60 days prior to effective date • Prepare an accurate renewal document with recommendations for delivery to senior management (as needed) 10 City's Standard Agreement — June 2008 revision 4. Marketing • Develop plan specification based on feedback from strategic planning meeting • Jointly determine list of vendors best suited to meet plan goals and objectives • Develop vendor performance guarantees with monetary penalties as necessary • Assist in the review of current electronic data transfer processes with vendors • Perform pre -marketing evaluation of census data, network service areas, and administrative needs • Evaluate carrier client support services • Evaluate vendor financial ratings and accreditation • Review provider network accessibility/employee match • Perform critical analysis and comparison of plan features and costs • Assist in the scheduling of selected finalist site visits • Assist in conducting finalist negotiations • Prepare and submit a summary report with recommendations to management • Assist in the notification of all bidders as to the final outcome 5. Annual Enrollment • Assist in the planning of employee meetings, round tables, and health seminars • Provide guidance on delivering a comprehensive communication strategy • Introduce workable technology solutions for communications and enrollment where appropriate • Coordinate vendor sponsored communication material 6. Compliance • Provide legislative updates as needed • Review plan documents and summary plan descriptions for regulatory compliance from a non -legal perspective (client would need to retain legal advice) • Provide access to periodic web casts compliance sessions 7. Account Management Services • Serve as a liaison between the client and all insurance companies/vendors • Monitor administrative process and assist in the smooth resolution of elevated issues • Act as an employee/employer advocate in the resolution of ongoing claims issues 11 City's Standard Agreement —June 2008 revision EXHIBIT B BROKER SERVICES AGREEMENT ADDENDUM Requested Language The following disclosure is made by Willis Insurance Services of San Diego ('we" or "us') to The City of National City (`you'), in connection with the agreement for insurance brokerage services ("Services') entered into between the parties. Before we bind the specific insurance coverage you desire to purchase we will disclose to you in writing: (a) a summary of all quotes and indications we sought and received with certain pertinent information, or, if you prefer, a copy of all quotes and indications we sought and all quotes or indications we received in connection with that coverage; (b) any interest we may have in, or contractual arrangements we may have with, any of the prospective insurers; (c) the maximum amount or percentage rate of compensation which we, our parent companies, subsidiaries or affiliates, may receive in connection with the placement of the insurance coverage; and we will obtain your written consent to the amount or rate of compensation we will receive before coverage is bound. You understand and agree that you shall make final decisions with respect to underwriting submissions and all matters relating to your insurance coverage, risk management, and loss control needs and activities. We will procure the insurance coverage chosen by you, prepare insurance binders, and review and transmit policies to you. We will assess the financial soundness of the insurers we recommend to provide your coverages based on publicly available information, including that produced by well -recognized rating agencies. Upon request, we will provide you with our factual analysis of such insurers. We cannot, however, guarantee or warrant the solvency of any insurer or any intermediary that we may use to place your coverage. We will review all policies and endorsements delivered to us by insurers or intermediaries for the purpose of confirming their accuracy and conformity to negotiated specifications and your instructions and advise you of any errors in, or recommended changes to, such policies. You agree that you will also review all policies and endorsements delivered to you and advise us of any questions you have or of any document or provision that you discover which you believe may not be in accordance with your instructions. We will meet, as requested by you, with your representatives to explain coverage and policies. We will promptly respond to your requests for coverage information, analysis of changing market conditions, and assistance in developing procedures for handling loss exposures, and assist you in reporting subsequent changes in underwriting information to insurance companies. 12 City's Standard Agreement — June 2008 revision We will inform you of the reporting requirements for claims, including where claims should be reported and the method of reporting to be used, if applicable. Please carefully review any claims -reporting instructions or information we provide you because failure to timely and properly report a claim may jeopardize coverage for the claim. In addition, you should retain copies of all insurance policies and coverage documents as well as claims -reporting instructions after termination of the policies because in some cases you may need to report claims after termination of a policy. Prior to binding we will also seek your written consent to the actual commission we will earn from each carrier as required by the Assurance of Discontinuance with the Attorney General of the State of New York. Commissions are paid by insurers from the premiums you pay and are earned by us for the entire policy period at the time we place policies for you. If any insurer requires us to receive commissions in regard to any of the Coverages which are inconsistent with the provisions above, we will promptly notify you of such commissions and seek your written consent to receive them. Our compensation may be revised if you request a change in the coverages and/or services during the term of this Agreement and we enter into a written agreement documenting any change in Coverages, Services and Compensation. In some cases the use of a wholesale broker may be beneficial to you. We will not directly or indirectly knowingly place or renew your insurance business through a wholesale broker unless we first disclose to you in writing: (a) any interest we have in, or any contractual agreements we have with, the wholesale broker; (b) any alternatives to using the wholesale broker; (c) any compensation we or our corporate parents, subsidiaries or affiliates will receive as a result; and obtain your consent to do so. If we expect to recommend the use of a wholesale broker, any compensation we or our corporate parents, subsidiaries or affiliates will receive as a result is also included in the total compensation provided for in the brokerage agreement between the parties. Other parties such as underwriting managers or managing general agents may also eam and retain usual and customary commissions for their roles in providing insurance products and services to you. If any such parties are corporate parents, subsidiaries or affiliates of ours, any compensation we or our corporate parents, subsidiaries or affiliates will receive is included in the total compensation provided for in the brokerage agreement between the parties. You may choose to use a premium finance company, property appraiser, structured settlement firm or other similar service provider in connection with the insurance coverages we place for you or the Services we provide to you. If you elect to use a service provider from which we or our corporate parents, subsidiaries or affiliates will receive any compensation directly or indirectly relating to the services you purchase from the provider, we will disclose additional 13 City's Standard Agreement — June 2008 revision information regarding that compensation to you before you make a final decision to use the service provider. In the ordinary course of business we may also receive and retain interest on premiums you pay from the date we receive the funds until we pay them to the insurers or intermediaries. As an insurance intermediary, we normally act for you. However, we or our corporate parents, subsidiaries or affiliates may provide services to insurers for some insurance products. These services may include (a) acting as a managing general agent, program manager or in other similar capacities which give us binding authority enabling us to accept business on their behalf and immediately provide coverage for a risk; (b) arranging lineslips or similar facilities which enable an insurer to bind business for itself and other insurers; or (c) managing lineslips for insurers. Contracts with these insurers may grant us certain rights or create certain obligations regarding the marketing of insurance products provided by the insurers. We may place your insurance business under such a managing general agent's agreement, binding authority, lineslip or similar facility when we reasonably consider that these match your insurance requirements/instructions. When we intend to do so, we shall inform you and disclose the contractual arrangements we have with the insurer in accordance this disclosure. We may also provide reinsurance brokerage services to insurers with which your coverage is placed pursuant to separate agreements with those insurers. We may be compensated by the insurers for these services in addition to any compensation we may receive for placement of your insurance coverages. The insurance market is complex, and there could be other relationships which are not described in this document which might create conflicts of interest. Notwithstanding any possible conflict which might exist, we will act in your best interests at all times in providing the Services to you. If a conflict arises for which there is no practicable way of complying with this commitment, we will promptly inform you and withdraw from the engagement, unless you wish us to continue to provide the Services and will provide your written consent. Prices on the Services specified herein are exclusive of all federal, state and local sales, use, excise, receipts, gross income and other similar taxes and governmental charges. Any such taxes or charges upon the Services provided hereunder, now imposed or hereafter becoming effective during the term of this agreement, shall be added to the price herein provided and paid by you unless, in lieu thereof, you provide us with a valid tax exemption certificate acceptable to us. 14 City's Standard Agreement — June 2008 revision RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WILLIS RISK & INSURANCE SERVICES OF SAN DIEGO FOR INSURANCE BROKERAGE SERVICES FOR A PERIOD OF TWO YEARS WITH THE ABILITY TO EXTEND BY ONE YEAR INCREMENTS FOR UP TO AN ADDITIONAL THREE YEARS WHEREAS, the City desires to employ a consultant to provide insurance brokerage services; and WHEREAS, the City has determined that Willis Risk & Insurance Services of San Diego is an employee benefits firm, and is qualified by experience and ability to perform such services. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Willis Risk & Insurance Services of San Diego to provide Insurance Brokerage Services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING July I.2008 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCII.. OF TILE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR THE ESTABLISHMENT OF TI IE REGIONAL. COOPERATIVE CARE PROGRAM (RCCP) TO PROVIDE MEDICAL DIRECTION ANT) OVERSIGHT. QUALITY ASSURANCE. AND IMPROVEMENT, AND TRAINING AT NO COST TO THE GENERAL FITND PREPARED BY Walter Amedee �� DEPARTMENT Fi Homeland Security Manager EXPLANATION Approximately two (2) years ago. efforts were made for enhancing the delivery of Emergency Medical Services (EMS) in the East and South portions of San Diego County's Zone 4 through a collaborative effort with our contract provider American Medical Response (AMR). Most recently the member fire agencies involved in this process (Chula Vista, National City. San Miguel, La Mesa. Lemon Grove, Bonita Sunnyside. and Imperial Beach) established a committee structure with AMR to research and develop a Pilot Program to facilitate a functional consolidation of EMS management, oversight, training, medical direction and quality assurance and improvement programs. Currently the provision of these services by agencies within the Zone is not standardized. The Regional Cooperative Care Program (RCCP) improves the quality of patient cart delivered in the Zone through standardization of high quality training and establishment of unified quality assurance and improvement programs. The efficiencies gained through consolidation into a single organizational structure for EMS management and oversight will enhance the productivity of existing staff that have a number of other non -EMS related responsibilities. This program also has the strong potential to reduce EMS program related liability borne by member agencies. Staff recommends authorizing the Mayor to sign the Agreement establishing the RCCP. Environmental Review Ni N/A qq Financial Statement Approved By Oiu, _ Finance Director. The cost of the RC('P will be divided between AMR and the Agencies. All r enue available to National City for the RCCP will come as revenue generated through the AMR Paramedic Franchise Fee generated and disbursed by AMR. There is no cost to the General Fund. Account No 130-12000-3034 STAFF RECOMMENDATIO Stair recommends authorizing the Ma Care Program (RCCP). BOARD / COMMISSION RECOMMENDATION sign the greement establishing the Regional Cooperative ATTACHMENTS ( Listed Below) Resolution No. Agreement for the Establishment of the Regional Cooperative Care Program San Diego Regional Cooperative Care Program — Information Packet Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE ESTABLISHMENT OF THE REGIONAL COOPERATIVE CARE PROGRAM TO PROVIDE HIGH QUALITY PRE -HOSPITAL EMERGENCY MEDICAL CARE WHEREAS, the City wishes to provide high quality pre -hospital emergency medical care; and WHEREAS, the City of National City, in cooperation with the City of Lemon Grove, the San Miguel and Bonita Fire Protection Districts, and American Medical Response, is a member of a pilot program known as the Regional Cooperative Care Program, which supports improvement of pre -hospital medical care; and WHEREAS, the membership of the Regional Cooperative Care Programs wishes to organize formally. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Agreement for the Establishment of the Regional Cooperative Care Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of July, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Ron Morrison, Mayor AGREEMENT FOR THE ESTABLISHMENT OF THE REGIONAL COOPERATIVE CARE PROGRAM WHEREAS, the City of Lemon Grove Fire Department, the City of La Mesa Fire Department, the City of National City Fire Department, the San Miguel Fire Protection District, the Bonita-Sunnyside Fire Protection District, and American Medical Response each provide pre -hospital emergency medical services; WHEREAS, separate from the other, each organization currently provides their own administration, training and oversight of their pre -hospital services within previously established Exclusive Operating Areas (EOA) consistent with California Health and Safety Code Section 1797.224; WHEREAS, all parties seek to maintain the existence and status of those existing Exclusive Operating Areas; WHEREAS, each organization recognizes a benefit to consolidating and sharing of administrative, training and oversight services and recognize that the fundamental manner and scope of EMS services will remain unchanged; WHEREAS, each organization recognizes that a public benefit will be established by the consolidating and sharing of such services; WHEREAS, each organization has participated in the pilot program known as the Regional Cooperative Care Program, which was established as a trial for the consolidation of said services; and WHEREAS, each organization desires to develop and establish a permanent affiliation for the provision of said services; NOW THEREFORE, the parties hereto agree as follows: This Agreement is entered into this 1st day of July, 2008 between City of Lemon Grove Fire Department, the City of La Mesa Fire Department, the City of National City Fire Department, the San Miguel Fire Protection District, the Bonita- Sunnyside Fire Protection District, hereinafter called the "Agencies," and American Medical Response, a private corporation, hereinafter called "AMR", and shall remain in effect for a period of 365 days. 1. The Agencies and AMR agree to continue the Regional Cooperative Care Program, hereinafter called the "RCCP," as a pilot program providing the following services: A. Medical direction and oversight B. Program quality assurance and improvement 1 C. Program coordination D. Training E. Representation to other organizations and government agencies F. Other services or activities that may be mutually agreed to by the parties. 2. The Agencies and AMR agree to cooperate in the establishment of a formal governing organization for the RCCP within the term of this Agreement. 3. The Agencies and AMR agree to administer the RCCP through an "Administrative Oversight Committee", hereinafter know as the "Board". Said Board will be composed of one representative from each member agency and AMR. 4. The membership of the Board shall elect a Chair Person, Vice -Chair Person and a Secretary. The terms of these positions will match the term of this Agreement. 5. The Agencies and AMR agree to hold regularly scheduled and noticed meetings of the Board. Topics involving patient information, contracts or personnel issues would be identified as closed session items. 6. During the term of this Agreement, membership of any city, fire district or AMR may be revoked by a majority of the membership at a meeting of the Board. Accordingly, any member agency or AMR may request to be removed from the RCCP at any time, and such request will become effective no sooner than 60 days from the receipt of the request by the Board Secretary. 7. It is agreed that the cost of the RCCP will be divided between AMR and the Agencies. This shall be done by a mutually agreed upon process that will define each participant's fair share until a more formal agreement is prepared. Funding for each participant's share of cost will be provided either by direct payment, -fees for service, in kind services or other agreed upon methods. It is agreed that the Agencies and AMR understand the following: A. Each participating agency and AMR will have an opportunity to review all costs associated with their participation with the RCCP prior to approval or commitment of said Agency or AMR B. Each participating agency and AMR will have the opportunity to understand all expectations prior to approval or commitment of the agency or AMR. 2 C. Services may be provided and serve as in -kind payment as long as the majority of the Board membership agree to the terms. 8. The Agencies and AMR certify that its membership in the RCCP does not violate any laws, rules, regulations, ordinances or policies of any federal, state, local or other jurisdiction prohibiting membership in the RCCP. 9. Neither the Agencies nor AMR shall discriminate against any employee or members of the public on the basis of race, color, national origin, sex, marital status, parental status, or handicap in employment or business practices. 10. Each party shall indemnify, defend and hold harmless the other parties from and against any and all liability arising from any negligent acts, omissions or intentional misconduct of said party. 11. If any party to this Agreement resorts to a legal action or arbitration to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief to which the party may be entitled. This provision applies to the entire Agreement. 12.Any modification of this Agreement must be mutually agreed upon, written, supported by consideration and must not delete any of the elements essential to the validity of the original Agreement. 13.This Agreement may not be assigned by any party without the prior written consent of the Board. 14. If any term of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in force and effect and shall not be affected. 15. This Agreement is the sole and exclusive agreement of the Agencies and AMR concerning the establishment of and membership in the RCCP. 16.The term of the Agreement shall be from the date on which it is mutually entered into by the Agencies and AMR, and will expire 365 days later. Thereafter, the agreement may extended upon mutual agreement of the Board for the purpose of meeting the initial intent of the Pilot Program as specified in Section 2 on page 1 of this Agreement. 17.AII communications to any member by another member shall be deemed made when received by such member at its respective name and address, as follows: 3 Michael Murphy, General Manager American Medical Response -San Diego 8808 Balboa Ave. San Diego, CA 92123 Fire Chief Jon Torchia City of Lemon Grove Fire Department 7853 Central Ave. Lemon Grove, CA 91945 Fire Chief David Burk City of La Mesa Fire Department 8054 Allison Ave. La Mesa, CA 91941 Fire Chief Roderick Juniel City of National City Fire Department 140 East 121h Street, Suite A National City, CA 91950 Fire Chief Scott Walker Bonita — Sunnyside Fire Protection District 4900 Bonita Rd. Bonita, CA 91902 Fire Chief Augie Ghio San Miguel Consolidated Fire Protection District 1800 Via Orange Way Spring Valley, CA 91978 Any such written communications by mail shall be conclusively deemed to have been received by the addressee five days after the deposit thereof in the United States mail, postage prepaid and properly addressed as noted above. 4 Signature Page: American Medical Response Date City of Lemon Grove Date City of La Mesa Date City of National City Date Bonita — Sunnyside Fire Protection District Date San Miguel Fire Protection District Date 5 San Diego Regional Cooperative Care _Program Approximately two (2) years ago, efforts were made for enhancing the delivery of Emergency Med c.J Services (EMS) in the East and South portions of our County or Zone 4 through a collaborative effort wi:h our contra( t provider American Medical Response (AMR). Most recently the member fire agencies involved in this proc a s (Chula Vista, National City, San Miguel, La Mesa, Lemon Grove, Bonita Sunnyside, and Imperial Beath) established a committee structure with AMR to research and develop a Pilot Program to facilitate a functional consolidation of EMS management, oversight, training, medical direction and quality assurance and improvement progrrr s. Currently the provision of these services by agencies within the Zone is not standardized. All partner agency laho7- groups have been invited to participate in the entire process. All member agencies of the Regional Cooperative Care Program (RCCP) are committed to improving the quality of patient care delivered in the Zone through standardization of high quality training and establishme it of unified quality assurance and improvement programs. The efficiencies gained through consolidation into a single crganizational structure for EMS management and oversight will enhance the productivity of existing staff that have a number of other non -EMS related responsibilities. This program also has the strong potential to reduce EMS program related liability borne by member agencies. We are currently utilizing a phased approach at the implementation of the cooperative program. The first three elements of our program are in place and functioning; Quality Assurance/Improvement, Medical Direction and Training. Quality assurance/improvement is the process of systematically examining our systems and care delivered to ensure the highest possible level of service is provided to all of our citizens. This process involves real time monitoring of responses. retrospective analysis of documentation and identification of training needs that will direct educational efforts. Medical direction is provided by a physician who is experienced in emergency rnedicine and the San Diego County Emergency Medical Services (EMS) system. Our medial director will oversee the entire system and recommend improvements to training or clinical practice as the program evolves. The role of the medical director is to provide a progressive clinical focus and to allow the RCCP to provide quality and innovative care. Our training program will augment the training that the RCCP member agencies currently provide. All of the personnel in the region are currently held to a very high training standard. The role of the training program within the RCCP is to provide additional training related to EMS that will allow for a uniform and sophisticated clinical Locus for all member agencies. The training division will be responsible for developing a standardized minimum training standard as well as establishing a regular field care audit schedule that will allow all members to review actual cases and learn from medical professionals regarded highly in their area of expertise. The final phase of the RCCP will be to field a paramedic ambulance, staffed with one member of AMR and one fire agency employee on a rotational basis. The "shared unit" will allow the fire agency employee to further their exposure to all elements of the response, including transport and the interaction with the receiving hospital. The partner agencies and AMR are also committed to transparency with respect to information and decision making related to this program. Regular informational newsletters will be distributed and information sessions will be held by each involved agency. If you have any questions or comments contact James Marugg, EMS Coordinator, at 619-403-6993 or at jrnarugg@singfire.org. 7 THE REGIONAL COOPERATIVE CARE PROGRAM THE NEXT GENERATION OF COMMUNITY EMS CARE The Regional Cooperative Care Program (RCCP) is a unique and innovative public/private joint venture that involves the following agencies at varying levels of participation: ▪ The San Miguel Consolidated Fire District • The City of La Mesa • The City of Lemon Grove • The City of National City • The Bonita/Sunnyside Fire Protection District • The City of Imperial Beach • The City of Chula Vista • American Medical Response The purpose of the program is to provide a more effective and efficient delivery of EMS services to the communities involved. This is achieved primarily by focusing on common medical direction and Quality Assurance/Quality Improvement efforts (QA/QI) and training standardization. The Challenge In the delivery of health care, there are 2 maximums that hold especially true in the delivery of EMS: • The larger the scope and scale of operations the more efficiently necessary overhead costs can be spread, and • In clinical care delivery, the more times a procedure is utilized, the more effective the caregiver becomes in applying that procedure. As EMS has evolved in San Diego County, most cities and districts were provided great latitude and assistance in developing their own EMS delivery platforms. While this provided an appearance of "local control" many essential functions necessary for true excellence and limited liability were not fully addressed or funded. For example, assertive medical direction and aggressive quality assurance mechanisms have been proven to be essential components of effective EMS delivery. Yet many agencies lack the resources or the flexibility in obtaining the resources to develop true, aggressive medical control and direction. The size of many of the systems found in San Diego County also limit the extent to which paramedics are exposed to critical cases. Smaller jurisdictions or jurisdictions 8 with ruraVsuburban paramedics are concerned about the maintenance of skills in paramedics who do not experience critical calls on a daily basis. Finally, many local governments are constrained in their ability to raise revenue needed to support the level of excellence sought in EMS delivery systems. On the tax revenue side, most general funds are already over committed which causes jurisdictions to enter into paramedic programs reliant on user fees. Again, small jurisdictions are constrained by the relatively low number of calls for service and the ability to spread necessary costs out over a relatively small number of calls. The Solution Recognizing these issues and their increasing impact as EMS evolved in San Diego County, American Medical Response and the agencies involved began a series of discussions regarding their ability to impact the evolution of EMS in San Diego County. A set of Guiding Principles was devised primary among them being the desire to maintain or enhance levels of service at no increases in system costs. The group was originally organized into 4 primary focal points: • Clinical • Policies • Governance • Finance The participating agencies agreed that at both the ALS and BLS levels, the greatest priority was the establishment of firm and consistent Medical Direction. This would include an aggressive QA/AI process that would be applied throughout the entire region to each agency participating. This immediately reduced the redundant costs associated with each of the agencies contracting individually for medical direction and Quality Assurance efforts. A centralized data collection point was established as the overall effort migrates toward a shared Electronic Patient Care Report (ePCR) that will provide a common electronic data base of patient care records. It was agreed that a common Medical Director should be obtained and utilized throughout the cooperative program area. This was achieved through a selection process agreed to by all the agencies in the cooperative effort. The need for paramedics to gain experience was addressed through the ability to allow paramedics to ride on the ambulances of AMR throughout the system obtaining needed patient contacts. Work continues on the development of a shared staff ambulance that would allow additional patient contact opportunities. Current plans include allowing 9 partner fire agencies to place personnel on AMR ALS rigs as a third person ride along to gain valuable transport experience. Governance and Staffing As with any multi -organizational effort, equitable govemance is always first and foremost an issue of concern. The RCCP has dealt with this by attempting to keep the governance structure as simple as possible. A Governance Board is comprised of a sub -committee of the Group and is chosen by the group itself. Its purpose is to provide strategic direction and suggestions to the whole cooperative group and recommend budget formation and expenditures. Each agency is then free to provide the funding for the reduced costs of this effort, through any mechanism they see as being most appropriate. Because the guiding idea of the cooperative effort is to provide the same or higher levels of service at no additional cost, the functions of the cooperative are those that would need to be carried out by the member agencies in any event. As a result of the issues of scope and scale, costs are inevitably lower within the cooperative — a fact guaranteed by the cooperative's focus on limiting RCCP overhead. In fact, staffing is currently limited to 1-Program Manager, 1-Medical Director and 1- Quality Assurance/Infectious disease nurse. The costs for these are the principle expenditures of the RCCP_ Additional personnel will be added to the matrix as necessary based upon workload of staff. Any changes will be recommended by the Program Manager and approved by the Administrative Oversight Board. The Advantages The Regional Cooperative Care Program provides these advantages to local government agencies: • Provides the advantages of scope and scale while allowing for the maintaining of local programs. • Removes redundancy in necessary program overhead and provides for reduced costs • Provides consistent and assertive Medical Direction and Quality Assurance. This results in higher service levels and reduced liability. • Provides large scale to gain purchasing advantages in capital equipment and medical supplies. • Provides a uniform clinical practice review completely separated from organizational. discipline and rank structures. 10 • Provides compliance with Federal, State and local government statutes regarding the establishment and maintenance of a Quality Assurance/ Quality Improvement program. • Provides the agencies with ultimate flexibility in deciding methods of funding. Each agency can utilize any funding authority it chooses to — or utilize specific rate adjustments to user fees to pay for program costs. ▪ Provides a structure to assist partner agencies in evaluation of candidates for positions. Additionally, the RCCP provides a system by which new employees can be mentored, evaluated and, when necessary, remediated to ensure their success and meet each agency's needs. • Provides uniform and consistent training for all partner agency personnel. This training is based upon input from the Medical Director, Quality Improvement Specialist and Program manager as well as members of the prehospital medical community. AMR's Laerdal SimMan and training ambulance are available for training and evaluation opportunities hosted by the agencies. • Provides, through the Program Manager, involvement in the prehospital system maintenance and design committee process on Local and state levels. • Provides a mechanism for uniform ALS related policies to be drafted, evaluated and implemented across the region. 11 RCCP 2008-09 CONSOLIDATED EXPENSE BUDGET FY 08-09 Budget AMR In -Kind Cumulative Salaries--FTE CES Training Coordinator (open) $0.00 Salaries--CES Manager (Linda Boyles) $82,000.00 Salaries--RCCP EMS Coordinator (J. Marugg) $99,818.60 Salaries —Medical Director (Brad Schwartz, MD) $31,537.20 $15,000.00 $46,537.20 Salaries--RCCP Staff Support $6,662.50 Salaries - Maintenance Training Unit/Equip $6,256.00 Salaries - Admin Support/Finance Reporting $49,461.00 Salaries - CES Personnel and Support $39.225.00 Salaries-IT$1,411.43 Total Benefits (Agency) $147,190.00 Total Benefits (AMR) $19,938.00 TOTAL SALARIES AND BENEFITS $368,619.73 $129,880.00 498,499.73 OPERATING EXPENSES Depreciation Expense Computers $5600 / 4 years $205.00 Training Car and Equipment $1,478.00 SimMan/3 Year Straight Line (RCCP Portion) $417.00 SimMan Lab Capital Equipment $833.00 Vehicle Operating Costs Vehicle Costs/Maintenance $4,954.00 Vehicle Costs/Fuel $3,075.00 $6,912.00 $9,987.00 Other Operating Expense R/M Medical Equipment Repair $2,610.00 Medical Supplies 10 needles, EKG Electrodes, IV caths etc $2.562.50 S1,894.00 $4,456.50 Medical Supplies $10,603.24 w Insurance S17,234.06 Simulation Vehicle (Shared) Communications cell, office phone service) $100/mc for 12 months plus landline $8,336.33 Telephone - local S2.635.00 Telephone - cellular $4.236.00 Occupancy Facilities - Rent Bonita $9,652.00 Office Related Expenses Copier rental, file cabinets, fax machine etc $10,758.74 Travel -general S1,537.50 Training and Office Supplies $7,686.48 Software fees and maintenance S205.00 Postage and Overnight delivery $512.50 Employee Relations $205.00 Printing $1,025.00 Other G&A Expenses Supplies $788.' 6 Office eqpmnt-Operating lease $240.12 Professional Services 518,651.00 Advertising $4,980.30 Employee relations $1,137.35 Printing $1,029.60 Total RCCP Operating Expenses $53,343.10 $73,050.77 TOTAL RCCP EXPENSE BUDGET $421,962.83 $202,930.77 $624,893.60 AMR it ind Expenses: Salaries: Salaries - administration -Finance CES Personnel Salaries - maintenance Benefits: Total Benefits Depreciation: Training CAR and Equipment SimMan @ $30k, 3 years SimMan med equip @60k, 3yrs Vehicle operating costs: Training Car Fuel Training Car R&M --total Medical supplies: Medical Supplies Medical Supplies -non -capital equip Telephone: Telephone - local Telephone - cellular Occupancy: Facilities - rent Other operating expenses: R&M Medical equipment repair Professional fees: Medical director fees Consulting fees G&A expenses: Supplies Office egpmnt-Operating lease Advertising Employee relations Printing Total Expenses Dollars Description $ 49,461 Other Adm time, Finance and Reporting $ 39,225 Danni and Mark's time $ 6,256 Maintenance on Training Car $ 19,938 $ 1,478 Vehicle $ 417 3yr $ 833 3yr $ 6,912 Estimated mileage $ 4,954 Average maint is .43 a mile $ 10,603 For SimMan training $ 1,894 for Training Car $ 2,635 $ 4,236 9,652 $ 2,610 SimMan, medical equiprent on Training Car $ 30,768 20% of Brad's time $ 18,651 Chris Carlson's additional time $ 788 $ 240 $ 4,980 $ 1,137 $ 1,030 $ 218,698 AMR office supplies copier machine Press releases and etc EMS week Flyers, logo, etc 14 EMS Coordinator Rersonrel_ Detail Salary Medicare $1,516 Retirement $48,767 EMPC $4,389 Holiday Pay $4,017 Paramedic Incentive $2,362 Total Benefits Total SWB QA Specialist Salary Benefits Medical Director Salary Benefits CES Specialist (Training) Salary Benefits $97,439 $61,051 $80.000 $16,800 5158,490 $96,800 $30.768 20% of Brad's time $0 Non Benefit Position $75,000 $15,750 530,768 Not Hired Year 1 $0 RCCP Staff Support Salary Benefits $6,500 $1,365 $7,865 Total Salary $214,707 Total Benefits $79,216 Total Salary and Benefits $293,923 AMR Reported Benefits 21% of pay 15 Revenue Model Responses Jan -Jun 2008 San Miguel 4,684 $69,278 Imperial Beach 0 $0 La Mesa 3,806 $56.292 Lemon Grove 1.612 $23.842 National City 3,089 $45,687 Chula Vista 0 $0 Bonita 737 S10,900 RCCP Generated Revenue $206,000 Total Transports 13,928 ._ Needed Revenue Needed Rate for Breakeven $ 206,000.00 $38.01 ~ �K�������K���������U���������U��� . .~~ . ~~. .. .. ", " , �~ REVENUE ~~"~��u~ SCENARIOS /wv`m�n,,p,�nmum�v����� ^�`' ..`����`s � ' , ' ``�'S21.2g6 Revenue Model Responses Jon^Jwn2808 FY2008/2V09 S San Miguel 4.684 $78.059 S98,574 I Imperial Beach O $O $O L La Mesa 3.806 883.427 $80,809 Lemon Grove 1.612 S26.884 $34.269 N Nadona|City O O51'478 SO Chula Vista 9.012 $O $181.580 Bonita 737 $12.282 $15.667 East CuuntyFire O SO $O RCCPGenerated Revenue S232.110 $422.000 Total Transports 19,851 ^� Revenue Model Responses Jon'Jun2V08 FY200$/20Dg San Miguel 4.684 S70.058 $162.540 imperial Beach O $0 s0 La Mesa 3.808 $53.427 $132.072 Lemon Grove 1.812 $28,864 $55.938 National City O $51.478 $0 Chula Vista 0 $8 80 Bonita 737 S12,282 S25,575 East County Fire 1.322 $O 845.075 RCCPGenermhed Revenue $232.110 $422.008 Total Transports 12,161 _ Revenue Model Responses 4,684 Jan-Jun2OOW FY2O08/2OOS Imperial Beach 0 $0 $0 La Mesa 3.806 S63,427 S75,858 Lemon Grove 1.612 S26,864 S32,129 National City 0 S51,478 $0 Chula Vista 9,012 $0 S179,619 Bonita 737 $12,282 S14,689 East County Fire 1,322 SO S26,349 RCCP Generated Revenue S232,110 S422,000 Total Transports 21,173 Revenue Model Responses Jan -Jun 2008 FY 2008/2009 San Miguel 4,684 $78,059 S81,471 Imperial Beach 0 SO $0 La Mesa 3,806 $63,427 S66,199 Lemon Grove 1,612 $26,864 S28,038 National City 3,089 $51.478 S53,728 Chula Vista 9,012 SO $156,750 Bonita 737 $12,282 S12,819 East County Fire 1,322 SO S22,994 RCCP Generated Revenue S232,110 S422,000 Total Transports 24,262 Revenue Model Responses Jan -Jun 2008 FY 2008/2009 San Miguel 4,684 S78,059 $129,616 Imperial Beach 0 $0 SO La Mesa 3.806 $63,427 $105,320 Lemon Grove 1,612 $26,864 $44,607 National City 3,089 $51,478 $85,479 Chula Vista 0 $0 SO Bonita 737 $12.282 $20,394 East County Fire 1,322 SO $36,583 RCCP Generated Revenue $232,110 $422,000 Total Transports 15,250 Revenue Model Responses Jan -Jun 2008 FY 2008/2009 San Miguel 4,684 $78,059 $182,364 Imperial Beach 0 $0 $0 La Mesa 3,806 $63,427 $148.181 Lemon Grove 1,612 $26,864 $62,761 National City 0 $51.478 $0 Chula Vista 0 $C $0 Bonita 737 $12,282 $28,694 Eas: County Fire 0 $0 $0 RCCP Generated Revenue $232,110 $422,000 Total Transports 10,839 Based upon needed revenue o' S422.000 2008 RL. ) BUDGET Revenue 2007 Jan - June 2008 FY 2008 - 2009 First Responder Fees San Miguel I Beach L Mesa L Grove S152.700 N National City $165,8C6 C Chula Vista $0 B Bonita S0 F First Responder Fee Revenue $1,145,479 A AMR In Kind $218,698 $109.349 $227,883 Revenue Model Responses S San Miguel 4,684 $78,059 $182,364 I Imperial Beach 1,183 $G $0 Change La Mesa 3,806 S63,427 $148,181 L Lemon Grove 1,612 526,864 $62,761 N National City 3.089 $51,478 $0 Change C Chula Vista 9,012 $0 $0 B Bonita 737 $12.282 $28,694 $0 RCCP Generated Revenue 24,123 $232,110 $422,000 Expenses S Salaries--FTE CES Training Coordinator (open) $0 $0 $0 Change S Salaries--CES Manager (Linda Boyles) S80,000 $40,000 $82,00C S Salaries--RCCP EMS Coordinator (J. Marugg) S97,384 $48,692 $99,819 S Salaries --Medical Director (Brad Schwartz, MD) $30,768 $15,384 $31,537 S Salaries--RCCP Staff Support $6,500 $3,250 $6,663 S Salaries•IT $1.377 S689 $1,411 T Total Salaries $216,029 $108,015 $221,430 T Total Benefits $143,600 S71,800 $147,190 Total Compensation $359,629 $179,815 $368,620 D Depreciation Expense (Computers) $200 $100 $205 $ $5600 / 4 years $0 V Vehicle Costs/Fuel $3.000 $1.500 $3,C75 M Medical Supplies $2,500 $1.250 $2.563 1 10 needles. EKG Electrodes, IV caths etc I Insurance S16,814 $8,407 $17,234 Simulation Vehicle (Shared) Communications (cell, office phone service) S100/mo for 12 months plus landline $8.33 S4.06 / S8,336 Office Related Expenses $10,496 $5,248 $10.759 Copier rental. fiie cabinets. fax machire etc Travel -general Si,500 $750 $1,538 Training and Office Supplies $7,499 S3,750 $7,686 Software fees and maintenance $200 $100 $205 Postage and Overnight delivery S500 $250 S513 Employee Relations S200 S100 $205 Printing $1.000 $500 $1,025 Other G&A Expenses SO SO SC Total Expense S52,042 $26,021 $53,343 Total RCCP Operating Expenses $411,671 $205,836 $421,963 Retained Earnings/Loss $26,275 S37 18 Month Budget Summary $26.312 FY 2008-2009 assumes 2.5% Inflator Inflation accounts for S26,275 in Net Alternative Revenue Scenarios are based upor Needed Revenue ct $422.030 Balanced Budget Requires Cash/Transport of $38.93 in Year 2. Current Assumption is $33.33 RCCP CHARGE MODEL BUDGET YEAR 2007 Transports National City 3.089 Imperial Beach 1,183 Bonita 737 Chula Vista 9,012 La Mesa 3,806 Lemon Grove 1.612 San Miguel 4.684 TOTALS 24,123 PER TRANSPORT CHARGE MODEL Basic Model Trans ort Unit Cost/Transport 20.88 $ 56.20 Fact on Rates $ 84.87 $ 228.47 PER TRANSPORT CHARGE MODEL (NO CHULA VISTA) Basic Model Transport Unit Cost/Transport 33.33 $ 89.72 Impact on Rates $ 135.48 $ 364.72 National City Im Imperial Beach Bonita Chula Vista La Mesa Lemon Grove San Miguel Transports 3,089 1,183 737 9,012 TOTALS Needed Revenue Basic Model Transport Unit Model 3,806 1,612 4,684 24,123 $ 503,628 $ 1,355,777 2 2 REGIONAL COOPERATIVE CARE PROGRAM PROPOSED METHODS OF FUNDING AND CASH FLOW Purpose: To provide RCCP members with alternative acceptable methods of financing the operations of the RCCP. Background: The RCCP desires to provide essential EMS related services to its members in the most effective and efficient manner possible. The RCCP is a value added service that is provided through the existing contractual relationships between AMR and the various service areas which are served. As such, the governance and financial structures of the RCCP have been designed in such a way to provide members the ultimate flexibility, while maintaining simplicity and effective oversight and control. Components: The financial components of the RCCP can best be described in terms of the traditional balance sheet — revenues and expenditures. The RCCP does not derive retained earnings — or profit — and thus the need for the financial system remains simply to determine the actual essential costs of providing agreed upon services and generating the revenue to pay for those costs. Costs - The costs associated with the RCCP can be summarized by the following: • Program Manager • Medical Director • Quality Assurance Nurse • Training and Training Materials • General and Administrative (GNA) including small office equipment, phones. computers and agreed uponoperational expenses. 23 It is important to note that all agencies will have individual expenses related to the provision of EMS services that would be incurred regardless of the presence of the RCCP. These costs are assumed to be borne by the individual agencies as the purpose of the RCCP is to provide services on a regional basis those services that can provide value to the individual members greater than could be achieved individually. As such, costs such as EMS Officer are not assumed to be part of the responsibility of the RCCP. Revenues - The RCCP is entirely dependant upon revenues provided by its participating agencies and the in -kind and infrastructure costs provided by AMR as a partner agency. This is a conscious policy decision made in an effort to simplify the governance process and allow continued focus on the true operational issues that were the genesis of the RCCP project. The revenue mechanisms are very simple and can be summarized as follows: • Direct payment from agency General or EMS funds, or • Revenue Off -sets from First Responder or other EMS payments from AMR to the participating agency. Establishment of Funding Methodology: The common denominator in both sides of the financial equation is the ambulance provider — AMR. The majority of revenues available to the system come through fees generated and disbursed by AMR. The potential revenue streams available to member agencies include: • Portions of the existing pass through monies which must be spent on EMS related services, and/or • Additional revenues provided through rate increases adopted for providing RCCP services 24 • Alternatively, agencies may elect to provide funding from general fund or alternative EMS funds that they may have available to them. The cost structure of the RCCP will vary depending upon which agency or agencies are providing Program Manager services and/or other related and agreed upon services. As various members can provide various services throughout the evolution of the RCCP, a method must be adopted for decision making and budget approval which meets the needs of adequate control and oversight while maintaining simplicity. Fortunately, the current structure of the RCCP allows this goal to be achieved. As the majority of revenues associated with RCCP operations flow through user fees that by definition flow through AMR — cash disbursements can be varied based upon user participation and associated costs. For example. if Agency "A" provides Program Manager Services for Year 'x", AMR will increase the "pass through" monies provided to Agency A by the amount agreed upon as the reasonable costs associated with providing those services. Conversely, other participating agencies will contribute a percentage of the total agreed upon costs and this amount will be withheld frorn their pass through monies and distributed by AMR to "Agency A" providing those services. This will result in the total funding of the agreed upon budget for the operations of the RCCP. These costs will be identified through a budget process and allocated on a percentage basis. Revenue, collections, and costs will be reviewed on a quarterly basis by the Oversight committee and any needed adjustments will be recommended to the full RCCP Committee. Relevant cost and revenue accounting will be provided to each agency for their portion of the RCCP budget and related contributions. 25 As an option, each agency may also contribute monies directly to the RCCP from a source that they deem appropriate (usually genera► fund or established EMS fund). In this case. payment will be processed through AMR and an accounting will be provided to both the agency and the RCCP membership. AMR will maintain separate fund accounting for RCCP related expenditures and revenues collected in this manner. 26 Agency Revenue Billing Revenue AMR. Costs Payment to Program Manager Auditing/Report to Members B4 Payment of Other Liabilities Billing Revenue AMR AMR Costs Payment to Agencies (Ail Net Received) Payment of Other Liabilities I -A f Auditing/Repo rtto Members r r E Agency '''Revenue Payment Program Coordinator San Diego Regional Cooperative Care Program Administrative Oversight Board MedicDirector \ ', Program Manager al Dr. Brad Schwartz J James Marugg 'Clinical and Policies Committee �'^'FT4'F.FSJ.YY�taTdi3T1¢�u= - 29 Program Manager Responsibilities Administration • Represents the member agencies on the following committees: o San Diego County hire Chiet's Association — EMS Section Member o San Diego County EMS Prehospit.al Audit Committee (PAC) — Member o San Diego County Emergency Medical Care Conunittee (EMCC) - Menrbcr o EMCC Prehospital/Hospital Subcommittee — Chair o State of California Office of Emergency Services FIR S('OPE Emergency. Medical Services Specialist Group - Secretary • Coordinates the committee process, ensures committee needs are met and incorporates directions proposed by the conuuittee process • Meets with chief officers of member agencies to ensure agency needs are met by RCCP • Meets with Base I Iospital Nurse Coordinators on care delivery issues • Prepares reports for Administrative Oversight Board (Committee) • Manages and develops annual budget for RCCP • Provides outreach and information regarding RCCP to other agencies • Rides with engine and ambulance crews to: o establish communication o continually improve service to internal and external customers o gain insight into dynamics between transport and non transport entities Quality Assurance • Oversees Quality Assurance Specialist Duties • Coordinates efforts of QA Specialist • Participates in QA review and data analysis • Participates in QA related investigations and recommends course of action for resolution • Involves Base Iospital Nurse Coordinators in QA process in conjunction with QA Specialist • Recommends changes to policies based on QA identified system related issues • Ensures compliance with current and proposed County EMS Policy • Develops program for new employee orientation and transition to first response ALS role 30 Training • Proposes, develops and presents training opportunities • Coordinates training calendar • Utilizes issues related to QA are incorporated into training plan while maintaining anonymity of personnel involved in QA related matter • Facilitates the inclusion of subject matter specialist in training opportunities • Coordinates the needs of individual departments in conjunction with agency employees charged with training duties • During ride alongs provides feedback to care delivery personnel • Available to assist with the testing process for new hire, probationary or identified personnel Medical Direction Works with the Medical Director to: • Establish training priorities • Coordinate the quality assurance program and interpretation of the resultant data • Develop and evaluate current system policies and works to consolidate policies across all the member agencies • Incorporate feedback received from agencies and field providers to improve the level of cooperation and participation. • Budget time for field contacts, involvement in training opportunities and response to written requests for Medical Director opinion • Ensure QA program and education program meets the needs of the member agencies, their constituent members as well as compliance with Federal, State and Local EMS regulations and statutes Additional Responsibilities • Ensures compliance with current Drug Enforcement Administration (DEA) Controlled Medication Policy • Compares RC('P system to other cooperative, partnership or departmental systems to strive to continually improve RCCP • Interacts with personnel from outside agencies to gain knowledge of larger, more well established systems • Proposes changes to system to Administrative Oversight Board (Committee) for approval • Evaluates potential for involvement of additional agencies and provides information to all stakeholders regarding involvement in RCCP • Responds to direction of administrative oversight board on matters related to RCCP 31 One of the basic premises upon which the Regional ('ooperative Care Program (RCCP) was established was a consolidation of Emergency Medical Services (EMS) administration and oversight. To this end, the role of the RCCP Program Manger is to lessen the burden of EMS responsibilities for the partner agencies. As this is a very broad concept, some clarification as to the responsibilities of the Program Manger is necessary. The San Diego County EMS system has a variety of committees that affect care delivery. The following is a breakdown of how the member agencies are currently represented at several of these meetings. • Prehospital Audit Committee (PAC) - Comprised of Base Hospital Physicians, Base Hospital Nurse Coordinators, SD County EMS Staff (including the Medical Director) and a representative from the San Diego County Paramedic Association, among others as specified by San Diego County Policy S-006. Thc purpose of this committee is to continually monitor the status of the Prehospital system and to propose, develop and implement changes to the system to optimize care delivery. PAC is responsible for evaluating and recommending changes to county EMS policy and the policy is reviewed yearly as well as examined each tine there is a violation of the policy reported to PAC'. The violations reported to PAC are examined to determine whether they represent an individual act or a broader system issue that needs to be addressed. • Emergency Medical Care Committee (EMCC) - Appointed by the San Diego (.'ounty Board of Supervisors, EMCC is an advisory group that looks at the issue of emergency care and Crow it relates to the overall goals of the Board of Supervisors. The committee is comprised of a representative group of stakeholders involved in health care delivery in San Diego County. County Fire C}rief's, Emergency Nurses Association, Base Hospital Nurse Coordinators, Paramedic Association. and representatives from each of the council districts are among the voting members. • Prehospital/Hospital Committee A Sub -Committee of EMCC, this committee is responsible for looking at specific County EMS policies and recommending review or change. All policies, except for the 100 series involving BSPC, are examined and recommendations for change arc forwarded to the full EMCC for approval. I'm Marugg is currently serving as the chair for 2008. • San Diego County Fire Chief's EMS section - Comprised of designees from Fire Chiefs front member agencies the EMS Section is the medical specialist group for the Fire Chiefs Association. The group is responsible for advising the full committee on EMS related issues. The group is currently developing training to augment the county training officers' efforts. The first topic that will he addressed is mass casualty incidents and disaster response. • California Office of Emergency Services (OES) FiRESC'OPE EMS Specialist Group This group reports to the Operations Task Force of FIRESCOPE and is charged with evaluating the medical section of the Field Operations Guide (FOG). Currently, the group is developing a position description for Fireline Paramedic as directed by the administration of FIRESCOPE and the OES.'Future work will include updating the mass casualty plan, issues related to pediatric care and 32 family reunification will be addressed. The Prograrn Manager currently serves as the secretary for the EMS Specialist Group. Another of the tburuling responsibilities of the RCCP was to provide a uniform training platform that brought care providers. from the transport and non transport sides of the house, together. As the initial concept of the RCC'I' including a full time training specialist had to he changed in response to the exit of some of the member agencies, the role in training has fallen upon the Prograrn Manager and the Quality Assurance Specialist. The field care audits, in-service training and EMT D/C training has been proposed, developed and presented by the Prograrn Manager and the Quality Assurance Specialist over the last few months. The response to the training offered by the RCCP, as demonstrated by the written evaluations collected at the conclusion of the training sessions, has been very positive and the training has been well received. The current training schedule has been published and will likely expand to oiler more opportunities for training. Quality assurance and quality improvement are an additional important function of the RCCP. The QA Specialist has reviewed the AMAs from all of the member agencies and continues to provide 100% audit for the AMAs. The Program Manager, the QA specialist and the Medical Director reviewed the resulting data and implemented training modules to increase compliance with associated protocols. 'There has been a significant reduction in the error rate on the AMA audit that. can be directly attributed to the training provided to the crews. The next step for the quality assurance component is to provide a random audit of run documentation to evaluate the next training module related to documentation. At the last field care audit, Phil Hack, a lawyer specializing in EMS defense work, made a presentation on the subject of documentation and reducing individual and departmental liability. The major points from the lecture will be included in the next newsletter and included in future training opportunities. The Program Manger will continue to work with the QA Specialist and Medical Director to facilitate the inclusion of issue identified by the QA process into training. The concept of the transporting and non transporting agencies sharing medial direction provides another opportunity for involvement by the Program Manger. Working with the Medical Director, the Program Manager establishes training priorities, coordinates the quality assurance program and interpretation of the resultant data, develops and evaluates current system policies and works to consolidate policies across all the member agencies, as well as incorporating feedback received from agencies and field providers to improve the level of cooperation and participation. The Program Manger will prepare reports as requested to the Administrative Oversight Board on any topic related to the position. Additionally. the Prograrn Manager will prepare an update after each of the committee meetings in email format for any agency requesting information. 33 Medical Director Position Description POSITION SUMMARY The Medical Director serves as a medical consultant and guides all clinically related activities and positions. In conjunction with the EMS Coordinator, The Medical Director also monitors the day-to- day activities of the training and QA / QI departments. ESSENTIAL DUTIES AND RESPONSIBILITIES: • Approves all course content • Approves content of all written and skills examinations • Approves all instructors and teaching assistants • Assists with instruction and recruitment of physician instructors as needed • Serves as medical director for other educational programs including but not limited to ACLS, BTLS, CPR, PALS, NALS, etc. • Assists in the provision of community education • Serves as chairperson of the Quality improvement Committee • Over -sees an annual review of system clinical performance Is available on an "as needed" basis for review of significant incidents • Supports and consults in regards to on -going research studies • Ensures the development and maintenance of high quality education, training, and quality improvement programs that will exceed standards established by the industry • Participation, development, and teaching with respect to education programs, remedial training, and performance improvement plans • Manages all Continuous Quality Improvement Programs • Interfaces and coordinates activities with allied health and clinical agencies, County EMS, hospitals, and the medial community • Ensures implementation of protocols in cooperation with regulatory authorities • Communicates mission, vision, strategies, and goals of system • Oversees exposure reporting and follow-up activities • Procures Controlled Substances under Medical and DLA licenses • Perform other duties as assigned 34 QA / QCI Coordinator f'osi-Oon t)c-scriptrcn POSITION SUMMARY Reporting to the EMS Coordinator, the QA / CQI Coordinator will plan, coordinate. and direct Clinical Quality Improvement activities designed to ensure continuous delivery of clinical services consistent with established standards. ESSENTIAL DUTIES AND RESPONSIBILf1IES: • Prepare and review clinical data to identify clinical issues and plan appropriate intervention. • Review patient care reports as directed by established guidelines. • Analyze statistical data and clinical and procedural specifications to determine present standards and establish proposed quality and reliability expectancy of services rendered. • Direct and conduct special studies for the purpose of analyzing available data to identity clinical performance above or below the expected standards of care. Identifies trends and determines the nature or origin to be either a system or individual issue, or a combination of the two. • Formulate and maintain quality improvement objectives and coordinates objectives with patient care procedures in cooperation with other coordinators to maximize clinical and procedural reliability and minimize costs associated with excessive risk or liability. • Coach personnel to engage and participate in inspection and monitoring activities to ensure continuous adherence to clinical standards of quality patient care. • Plan, promote, and organize training activities related to intervention, remediation and employee self- improvement to promote irnproved service quality and reliability. • Maintain frequent communication, both written and verbal, with field personnel about issues of patient care. Personal interaction with field employees, to highlight positive issues as well as areas of concern accomplished via unit ride-alongs with direct observation and evaluation of patient care services. • Investigate complaints regarding the quality of patient care or clinical services rendered. • Establish and maintain clinical files on clinical personnel Create and catalog clinical information about the clinical performance of personnel. • Liaison with contractors, regulatory agencies, and healthcare facilities in matters of quality assurance and quality improvement, maintaining frequent written and verbal communication. • Attend and participate in structured patient care audits and organized external quality assurance or quality improvement activities. • Supervise and facilitate a peer review and or QLC committee for the purpose of promoting employee intervention into the improvement of clinical services. • Perform other duties as assigned. 35 Training Coordinator Position Dcscri,plcon POSITION SUMMARY Under the supervision of the EMS Coordinator, the Training Coordinator will be responsible for developing and conducting required training programs tor pre hospital personnel. ESSENTIAL DUTIES AND RESPONSIBILITIES: • Confers with the EMS Coordinator to gain knowledge of work situations requiring training for employees to better understand changes in policies, procedures, and comply with statutes and regulations using advanced technologies. • Formulates teaching outline and determines instructional methods such as individual training, group instruction, lectures, demonstrations, conferences, meetings, and workshops. • Develops and/or utilizes teaching aids such as training handbooks, demonstration models, multimedia visual aids, computer tutorials, and reference works. • Conducts training sessions covering specified areas such as new employee orientation, hazardous materials, infection control, illness and injury prevention, safety. documentation, internship and precepting, ACLS, PALS, PEPP, 131 LS, PHTLS, CPR, MCI. CRIT, OSHA, HIPAA, health and safety practices, public relations, refresher and upgrade training. • Measures progress and evaluates effectiveness of training programs including peer mentorship program. • Monitors progress of employees during training periods. • Perform other duties as assigned 36 City of National City, California COUNCIL AGENDA STATEMENT 9 MEETING DATE July 1, 2008 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MAYER HOFFMAN MCCANN P.C. FOR INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEAR ENDED JUNE 30, 2008 PREPARED BY Jeanette Ladrido, CPA DEPARTMENT Finance Director Finance x 4331 EXPLANATION On April 20, 2004, the City and the Community Development Commission of the City of National City (CDC) awarded a four-year contract for Independent Auditing Services to Conrad and Associates. On March 21, 2006, an amendment to the contract was executed because Conrad and Associates changed their form of doing business and merged into another legal entity known as Mayer Hoffman McCann, P.C. The audit firm has provided excellent customer service and expertise in the finances of the City and the CDC. With that, staff recommends executing an agreement for auditing services for the fiscal year ended June 30, 2008. Staff will issue a Request for Proposal of Auditing Services for a period of four (4) years beginning in fiscal year 2008-09 through fiscal year 2011-12. Environmental Review X N/A Financial Statement Funding in the amount of $70,756 is available through the General Accounting Services, Tax Increment and Section 8 funds. Approv4d _by: lliw 'ir Iry Finance fjirector Account No. STAFF RECOMMENDATION Staff recommends to execute the agreement for the fiscal year ended June 30, 2008 at a cost of $70,756. Appropriate costs will be allocated to the Community Development Commission. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Exhibit A 3. Agreement A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MAYER HOFFMAN MCCANN, P.0 FOR INDEPENDENT AUDITING SERVICES FOR FISCAL YEAR ENDED JUNE 30, 2008 WHEREAS, the City desires to employ a contractor to provide independent auditing services for the City and the Community Development Commission of the City of National City; and WHEREAS, the City has determined that Mayer Hoffman McCann, P.C., is a certified public accounting firm and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Mayer Hoffman McCann, P.C., to provide independent auditing services for the City and the Community Development Commission of the City Of National City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey Exhibit A OUR HOURLY RATES AND MAXIMUM FEE TO PERFORM THE 2008 AUDIT ENGAGEMENT The following is a summary of our fixed fee (including out-of-pocket) expense for the audit and related services for the City of National City. 1. City audit including Word Processing of Comprehensive Annual Financial Report, GANN Limit Review Procedures, Expanded Scope for SAS #104-111 and SAS #114 Fiscal Year Ended June 30, 2008 $33,876 2. Financial and Compliance Audit of the CDC including Kimball Towers 14,000 3. Separate HUD Required A-133 Single Audit of Morgan Towers including REAC electronic submission to HUD and related attestations 4. A-133 Single Audit of Federal Grants allocable to a. Housing Choice b. Title III and other Grants (Single audit considers testing of 2 major programs) 8,725 6,000 4,455 5. Audit of National City Transit and related wind-up of activities and asset transfers 3,700 $7Q,756 The hourly rates in effect for services that may be requested outside of the scope of the engagement are as follows: Fiscal Year Ended Classification June 30, 2008 Shareholder $225 Engagement Manager 150 Senior Associates 120 Associates 100 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MAYER HOFFMAN MCCANN P.C. THIS AGREEMENT is entered into this 1st day of July 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Mayer Hoffman McCann, P.C., a "CONTRACTOR". RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Independent Auditing Services. WHEREAS, the CITY has determined that the CONTRACTOR is an Independent CPA Firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR . The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Jeanette Ladrido, Finance Director, 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. Jason Af-Imam, Manager, 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 "A" (the Base amount) without prior written authorization from the City 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. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance andor the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance andor the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement June 2009 revision 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. 8. 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. 9. 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. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its SUBCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. 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. 12. 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 3 City's Standard Agreement - June 2008 revision 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. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. 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. 4 Citys Stand:,rd Agreement - June 2008 revision CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. 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. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTOR's, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: 0 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 owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 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 workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 5 City's Standard Agreement — June 2008 reviskm H. Any aggregate insurance limits must apply solely to this Agreement. 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. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not 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. 19. MEDIATIONARBiTRATION. 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. 20. 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 6 Citys Standard Agreement — June 2008 revision CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR , whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. 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 CITY: To CONTRACTOR : Jeanette Ladrido, CPA Finance Director Finance Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Michael A. Harrison, CPA Shareholder 2301 Dupont Drive, Suite 200 Irvine, CA 92612 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 7 City's Standard Agreement - June 2008 revision 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CiTY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CiTY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8 Gys Standard Agreement - June 200H revision I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MAYER HOFFMAN MCCANN, P.C. By: By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Michael A. Harrison Shareholder By: ...— Ke AI -Imam Shareholder 9 City's Standard Agreement - • June 2098 revision City of National City, California COUNCIL AGENDA STATEMENT METING DATE July 01, 2008 AGENDA ITEM NO. 10 ITEM TITLE A Resolution of the City Council of the City of National City to reject the four bids received for the National City Police Department Security Fencing and Bullet -Resistant Glazing/Paneling Project due to insufficient funds in the budget. (Funding was through General Funds, JAG, and SLESF). PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 i Environmental Review X N/A MIS Approval Financial Statement Approved By: //61" OWL - Finance Directsq Funding was available through Accounts 290-411-502-599-0000 (Justice Assistance Grant (JAG)), 208- 411-708-572-0000 (Supplemental Law Enforcement Service Fund (SLESF)), and 001-411-000-572-0000 (General Funds). Account No. STAFF RECOMMEN ON Ado•t - .!�� Resolu ' OARD / CO ISS EC NDATION N/A rATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bidders' Proposal Summary Sheet SPEC 0&03 ` 1 A-260 (Rev. 71(13) _XPLANATION In November 2007, the Police Department expressed a need in securing their lobby and parking area with a bullet -resistant barrier and fencing, respectively. Police consulted with the Engineering Department for assistance since design plans and contractual specifications were important for a project of this magnitude. The engineer's/architect's estimate was established at $83,200. On June 17, 2008, four bids for the National City Police Department Security Fencing and Bullet -Resistant Glazing/Paneling Project were opened. (Please see attached Bidders' Proposal sheet for details.) The apparent lowest bidder, RMJ, Inc. came in at $99,569, an amount that exceeds the engineer's/architect's estimate considering the contingency items. After consulting with the City Attorney's Office on this matter, the Engineering Department is recommending that City Council decline the four bids received due to inadequate funding per Public Contract Code section 20166, which states, "In its discretion, the legislative body may reject any bids presented and readvertise". Staff believes that re -bidding and altering the scope of work by separating the 1) exterior fencing and 2) interior bullet -resistant glazing/paneling as two separate projects will be more cost-effective and may meet the budget City Council has already established for this project. WI I • •-• • ,1 • ',b.. V. II 1 1.4 34.,1 NA, I • %v.,. I s. 11 1,1 • I PROJECT NAME: FIGURES CHECKED BY: Kennel' Ferrandez 2,31 ._.,:Al CET,' POI ICE f.:-E , S -IS _.2.7 s i'S ...ICE,' .:E.O, !lc.; .3.1,...31, •I I 1,2-5211, r 'IN ' CLA7TsC1ti'SNEL2-i(1 I'30.:.'T SFE:11.1.'ATIC,. ,..... 00.0.3 RR CJEC 2' NO CE•33 c ,...... I. t , Yt i Si i,,,, RV 055 !FILE DO .... _ . CHECKLIST s:.,,,,, ,, s3C,AtuRES ARE A ‘'...XED 3 .1.44,43,..- +4 I!,nZpY EGcIRE,.7 LOWIMATE. SUkM20; T,E 6 TA)..-NT OF 8011C 4 l3,i4o4,..I O4 1D3 tB 4. : • • 3A7131:,31( 3.1Z. ',IfA`s 47.43, lOii3.4,3 BW Low BID ASIOUT 9,,5(0 l.1 4CDE,DJ.gS0 3E ACANONLEC3E ,iNhi,,,,II 7'''' - '- NEAERETER. .11El 31eS ..,,,I,, fI 3:1.11.1I413 I : 1 4 l Ilerou . rI1 ... • ' ,.J.!4. ....: iS JN. E7rgC;.O.:5l"H.SJ4E.. E7,•.E'R S ES T1i.0..M0‘6-A.T, E .-. ..B R ‘.",• ,RoB,. •D3-,,, •n, “i.• • ,.-1A,:,i.. .l.,-.. k.. :t•.,:.••4,, .1-, 0 ,,. •,•1`. . ..,'.,• 1'!4•.:..• 1.34 $134, +,.... A .....,. ..Nall,.•1 3,4 I .4'. ..9..... 111 4 36 .4•14., I,..",,1 ..,.•-1•--74•-J.f;3 — I A V3.61 -11i:..J,,.,.• ..,.. A VERA,.G..• . : '. 24:k( O3s% N. TRAC770',.1'1'1i2t's47J,') r.C. ITEY QTY JNI.6”.2.4479.619-1,••IR: 41•4,1934 .— 15011;:11: UN,T:CS' 70.- .11COET TYA . 70TAL ::iT .0Az ..,.,C3S-07A... F 10 SSOR:. i ,25 .:.,,.,:Ui a.:1,£ '3'.s.,,,,s 59,220335 ,, : 2.040..j 520402i1 211•5 .2.,,, i 'I..r.1!s 3•,. .5 c.2..O£ 3..S600 2Soo0,7,500,, $ ,.:so, ..,._ ,.:,:,0. .1;' S $ s.,o0.fx.o. ",200$ 3::: ,•'U-S :::e:;;: I..:: i :'.: 2.,s00S 2..00SI251016 IS ,S 5,1a1r0.I i,01t 1,22-;5 .,zI::.:.t 1v0:AR'.7-,5 .414020 202252S 1 :20 :51 . Dull,kmnCi IGO S 40 4 BSC (N346 $ i4615$ '5 s,00 $ 4to051 S 41,49S 4: rA ;riDO S2:.CO . ./OD$ 120)0:iS 125CO5 $k00:S '6°:::I40'0:1 ,RCOS 55.000. ,::s 4.r•,,svtar. FtucOa,A.,1 ' ss. 5C.A. $ $3$$I) ..,$:3IA/i 6:Ai ..'''.C' ,XSI)C00S QI .,2h:-: ;6rs'3;9:1 I IA.•! 1,42I. S :DO0+!S 20,• I.:, 03i5 1.53:.S2.,,,I, :`"CIV 5 ;:0S3,00.03-S 2.025':.5 225 I.S $0<300 S ;0c35 2CDDOS .25.100 ,.,,s27::S20:.54..e5 S 2IA'521S 2,1, $ II :S ?(4$3, Si')604I:.::C05 5753.5i .:....s.:S ;:o:os 5E23..S 8'4!::i 02.225 73.os7i ..Sr,v: i: Ls Ir.,•: s.NO:,S :53CI:.-,s.o..s ,7::,s!BD:,)::iB5".77000IS ,600,i .4i5$ 1.41:2, I: S$ 1.2:00 S25,...., ,k,S irGOS 4.00.00! ..;,.,i24 01 :,s2:0:;:s 0',0S ',iBOS 4.57:.S a.71'., 2 •m -5. !S ,:K.i )1200, 1 25, • .0 ;ff•,5 20,:-I5 5901) S .4001.5 .,, 05 ..1,S. •, 00 (b`, :".rd R,.!cr „•ro •C-Nnte P-kne ••,.ove -sU Sh,c,.c.:1;!Txr ,,senny. •Kes 436.3ti,434 M.ss crrso:s. : and , i S 134 $ SI 403006 rl 07.31,CS , RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REJECTING ALL BIDS FOR THE NATIONAL CITY POLICE DEPARTMENT SECURITY FENCING AND BULLET -RESISTANT GLAZING/PANELING PROJECT DUE TO INSUFFICIENT FUNDS IN THE BUDGET AND AUTHORIZING THE CITY ENGINEER TO READVERTISE THE PROJECT WHEREAS, the Engineering Department of the City of National City did in open session, on June 17, 2008, publicly open, examine and declare four sealed bids for the Police Department Security Fencing and Bullet -Resistant Glazing/Paneling Project; and WHEREAS, due to the bids being higher than estimated by engineer and architect, and pursuant to Public Contact Code section 20166, the City Engineer has determined and recommended that it would be in the best interests of the City to reject all bids and readvertise the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council does hereby reject all bids for the Police Department Security Fencing and Bullet -Resistant Glazing/Paneling Project. BE IT FURTHER RESOLVED that the City Engineer is authorize to readvertise the project. PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EETING DATE July 1, 2008 City of National City, California COUNCIL AGENDA STATEMENT 11 AGENDA ITEM NO. t ITEM TITLE PREPARED BY EXPLANATION Warrant Register # 49 for the period of 05/28/08 through 06/03/08 in the Amount of $2,672,266.22 D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido 619-336-.1. 331 Per Government Section Code 37208, attached are the warrants issued for the period of 05/28/08 through 06/03/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor City of San Diego Public Emp Retirement Payroll Check# 220979 221054 various Amount 1,295,303.00 245,961.10 905,262.24 Explanation Sewerage Sys Billing PPE 05/19/08 PPE 05/19/08 CEnvironmental Review (-Financial Statement Not applicable. >STAFF RECOMMENDATION N/A MIS Approval Approved By: Finance D rector Account No. Ratification of warrants in the amount of $ 2,672,266.22 ME LN tarrant e s ATTACHMENTS ( Listed Below ) Resolution No. A-200 (Hev. 7/03) PAYEE AT&T/MCI CITY OF SAN DIEGO PRUDENTIAL OVERALL SUPPLY ACEDO ALLEN AMERICAN ROTARY BROOM CO. INC ASSI SECURITY, INC. BARRERA BOOT WORLD BOYD C W REED JR CALIFORNIA ELECTRIC SUPPLY CCAPA CEB CED SOLUTIONS, I.1.0 CHEVRON & TEXACO BUSINESS CARD CHILDREN'S HOSPITAL CINTAS DOCUMENT MANAGEMENT PUT ER PROTECTION.' ECI I.,INC i _.4DON COOPER'S PLUMBING & HEATING CORPORATE EXPRESS D-MAX ENGINEERING INC DALEY & HEFT [.LP DALEY & HEFT LLP DALEY & HEFT LLP DATA TICKET INC DEFRATIS DELL MARKETING CORP DEPARTMENT OF INDUSTRIAL DEPT OF GENERAL SERVICES DICERCHIO DION INTERNATIONAL TRUCK INC. DIXIELINE LUMBER CO. DOKKEN ENGINEERING DREDGE DREW FORD ENVIRONMENTAL HEALTH COALITION EWERT, PHILI.IP FEDEX FEDEX KINKO'S FENTON G,I�DD USINESS INTERIORS cwNZALES GRAINGER GROSSMAN PSYCHOLOGICAL ASSOC. HAMILTON HOLLOWAY HOME DEPOT INCORpOrt/gTt WARRANT REGISTER #49 6/3/2008 DESCRIPTION PHONE XXX-3833 TRANSPORTATION AND TREATMEN f TOWELS - PD RETIREE HEALTH BENEFITS JUNE'08 RETIREE HEALTH BENEFITS JUNE'08 SWEEPER REPAIRS SVC CALL TO REPAIR ALARM DEPOSIT#1208 2936 E DIVISION ST SAFETY BOOTS RETIREE HEALTH BENEFITS JUNE'08 RETIREMENT 2000964-S90 JUN'08 BULBS CCAPA REGISTRATION - PLANNING LAW AND LITIGA I ION CCENT/CCNA TRAINING FUEL CHILD SEXUAL ABUSE EXAMS SHREDDING OFT HE (3) 64 GAI I.ON INSTALLATION RETIREE HEALTH BENEFITS JUNE'08 CITY-WIDE PLUMBING SVCS PRINT CTRG - PD MARCH 31 TO MAY 3, 2008 SERVICES CLAIM:SWANAGEN V. VOGEL CLAIM:FIREMAN'S FUND INS COMP CLAIM:S. U. H. SCHOOL DISTRICT PC PROCESSING, APPEALS- APR 2008 RETIREE HEALTH BENEFITS JUN'08 LAPTOP COMPUTER - COM. SVC. PERMIT FEE FOR ELEVATOR PROCUREMENT FEE RETIREE HEALTH BENEFITS JUN'08 OIL SENSOR TRANSMITTER ELECTRICAL MATERIALS APRIL 200 SERVICES RETIREE HEALTH BENEFITS JUN'08 WHEEL ASSEMBLY ENV HEALTH - APRIL 2008 RETIREE HEALTH BENEFITS JUN'08 TRANSPORTATION CHGS - FINANCE CARDSTOCK MAILERS FOR NHC TRAVEL EXP:MTS TRAINING/ATTY REIMB:NOTARY PUBLIC SEMINAR/PD WORKRITE KEYBOARD TRAY, ETC REIMB:IHN 2008 CONFERENCE/PD ARM GRIPPER PRE -EMPLOYMENT PSYCHOLOGICAL RETIREE HEALTH BENEFITS JUN'8 RETIREE HEALTH BENEFITS JUN'8 SCOOP, VIGORO, POLY D-HANDLE 1/3 CHK NO DATE AMOUNT 220978 5/29/08 170.49 220979 5/29/08 1,295,303.00 220980 5/29/08 1,153.24 220981 6/3/08 160.00 220982 6/3/08 125.00 220983 6/3/08 213.44 220984 6/3/08 170.00 220985 6/3/08 100.00 220986 6/3/08 241.35 220987 6/3/08 145.00 220988 6/3/08 1,123.16 220989 6/3/08 271.31 220990 6/3/08 540.00 220991 6/3/08 192.98 220992 6/3/08 3,870.00 220993 6/3/08 95.40 220994 6/3/08 554.00 220995 6/3/08 238.20 220996 6/3/08 8,683.20 220997 6/3/08 280.00 220998 6/3/08 1,099.09 220999 6/3/08 3,283.14 221000 6/3/08 6,115.80 221001 6/3/08 2,584.46 221002 6/3/08 1,715.28 221003 6/3/08 157.44 221004 6/3/08 1,719.10 221005 6/3/08 120.00 221006 6/3/08 1,402.12 221007 6/3/08 105.00 221008 6/3/08 56.89 221009 6/3/08 70.00 221010 6/3/08 252.00 221011 6/3/08 136.85 221012 6/3/08 16,295.65 221013 6/3/08 250.00 221014 6/3/08 174.21 221015 6/3/08 9,976.16 221016 6/3/08 160.00 221017 6/3/08 24.19 221018 6/3/08 239.56 221019 6/3/08 93.63 221020 6/3/08 57 68 221021 6/3/08 5,439.80 221022 6/3/08 71.50 221023 6/3/08 2,121.53 221024 6/3/08 1,750.00 221025 6/3/08 100.00 221026 6/3/08 150.00 221027 6/3/08 358.81 2/3 PAYEE IMAGING PRODUCTS INFO -TECH RESEARCH GROUP INC. INFRASTRUCTURE ENGINEERING JOHN DEERE LANDSCAPES KAMAN INDUSTRIAL TECHNOLOGIES KIMBLE KOLANDA LASER SAVER INC LEXIS-NEXIS LIMFUECO LOPEZ MAINTEX, INC. MATIENZO MCCABE MORE DIRECT MOTOROLA MSA MURRAY MYERS NAPA AUTO PARTS NOSAL, WILLIAM A. ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PAUU POTTER PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM PUBLIC TREASURY INSTITUTE RANDALL RAY RELIANCE STANDARD VG180848 REYNOSO ROQUE RUIZ SAN DIEGO NEIGHBORHOOD NEWS SAN DIEGO NEIGHBORHOOD NEWS SAN DIEGO NEIGHBORHOOD NEWS SD FIREFIGHTERS REGIONAL SDGBE SHADE STRUCTURES SHORT, CRAIG SOUTHERN CAL IF TRUCK STOP SOUTHWEST SIGNAL SERVICE, INC. SPERIAN STAR -NEWS STARTECH COMPUTERS STRATACOM SUN TRUST SWEETWATER AUTHORITY TALK TECHNOLOGIES, INC. OrCUIpp.RATEP WARRANT REGISTER #49 6/3/2008 DESCRIPTION RECHARGEABLE BATTERIES MEMBERSHIP APR242008-APR242009 ENGINEERING PLANNING SERVICES TOPSOIL BALL BEARING FLANGE UNIT RETIREE HEAT. Ili BENEFITS JUN'8 RETIREE HEALTH BENEFITS JUN'8 CARTRIDGES - FINANCE CA CIVIL DISCOVERY REIMB:CSMFO PRESENTATION - FIN TRANSLATION SVCS - 5/20/08 JANITORIAL SUPPLIES RETIREE HEALTH BENEFITS JUN'8 RETIREE HEALTH BENEFITS JUN'8 BATTERY, PORT REPLICATOR ANTENNA MOBILE, GAIN COLLINEAR 2008-2009 MEMBERSHIP MSA/PW RETIREE HEALTH BENEFITS JUN'8 RETIREE HEALTH BENEFITS JUN'8 GEAR WRENCH RETIREMENT SETTLEMENT JUN'08 ELECTRICAL MATERIALS LINE TRIMMER RETIREE HEALTH BENEFIT S JUN'8 RETIREE HEALTH BENEFITS JUN'8 UNIFORMS - PARKS SERVICE PERIOD 05-08-4 REGISTRATION- CREATING AN INVESTMENT RETIREE HEALTH BENEFITS JUN'8 RETIREE HEALTH BENEFITS JUN'8 VI L MAY 2008 REIMB:CLERK TRAINING EXP/PD DEPOSIT#1203 135 E 8TH STREET RETIREE HEALTH BENEFITS JUN'8 ADVERTISING SPE NO 07-3 ADVERTISING 07-6A QUALIFICATION ARCHITECTURAUENG ANNUAL WELLNESS EXAMS FACILITIES DIVISION PATCH 3 SMALL HOLES ON SITE RETIREE HEALTH BENEFITS JUN'8 ULTRA l OW SULFUR TRAFFIC SIGNAL/STREET LIGHTING CALIBRAT ION OF POSI-CHECK RFP NOTICE (FEB 2008) USB KEYBOARD/PD PD-210 OFFICER NOTEBOOKS NEW FIRE TRUCK#1 PAYMT#52 STREET DIVISION INTERPRETATION MACHINE/C CLERK CHK NO DATE AMOUNT 221028 6/3/08 205.54 221029 6/3/08 1,950.00 221030 6/3/08 4,102.50 221031 6/3/08 392.21 221032 6/3/08 97.63 221033 6/3/08 300.00 221034 6/3/08 135.00 221035 6/3/08 909.64 221036 6/3/08 127.67 221037 6/3/08 136.86 221038 6/3/08 100.00 221039 6/3/08 869.63 221040 6/3/08 100.00 221041 6/3/08 280.00 221042 6/3/08 3,780.15 221043 6/3/08 665.55 221044 6/3/08 70.00 221045 6/3/08 150.00 221046 6/3/08 140:._ 221047 6/3/08 154. 221048 6/3/08 1,064.79 221049 6/3/08 204.70 221050 6/3/08 358.53 221051 6/3/08 340.00 221052 6/3/08 150.00 221053 6/3/08 529.07 221054 6/3/08 245,961.10 221055 6/3/08 250.00 221056 6/3/08 140.00 221057 6/3/08 190.00 221058 6/3/08 2,378.41 221059 6/3/08 83.68 221060 6/3/08 200.00 221061 6/3/08 310.00 221062 6/3/08 666.25 221063 6/3/08 589.38 221064 6/3/08 92.25 221065 6/3/08 31,695.00 221066 6/3/08 24,546.20 221067 6/3/08 500.00 221068 6/3/08 300.00 221069 6/3/08 173.04 221070 6/3/08 9,193.E 221071 6/3/08 55C 221072 6/3/08 107.u„ 221073 6/3/08 243.56 221074 6/3/08 3,319.82 221075 6/3/08 5,009.63 221076 6/3/08 57.02 221077 6/3/08 1,294.00 PAYEE U S BANK CORPORATE PAYMENT SYS UNION TRIBUNE PUBLISHING CO VALLEY INDUSTRIAL SPECIALTIES WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZIETLOW, DAVID ZIONS BANK ZUMAR INDUSTRIES PAYROI.I. Pay period Start Dale 11 5/6/2008 WARRANT REGISTER #49 6/3/2008 DESCRIPTION CREDIT CARD EXP - FIRE AD FOR l EGAL NOTICES-APRIL 2008 SHOWER HEADS SOCKETS COMP SUPPLIES - MIS RETIREE HEALTH BENEFITS JUN'8 12TH LEASE PMT-800 MHZ EQPMTS SPECIAL 1924 80M45 End Date Check Date 5/19/2008 5/28/2008 3/3 CHK NO DATE AMOUNT 221078 6/3/08 947.90 221079 6/3/08 1,286.40 221080 6/3/08 87.58 221081 6/3/08 12.34 221082 6/3/08 167.59 221083 6/3/08 150.00 221084 6/3/08 48,678.25 221085 6/3/08 799.38 1,767,003.98 905,262.24 GRAND TOTAL 5 2,672,266.22 Fes': �.� tiara. ' �3.try INCORPORATED Warrant Register # 49 6/3/2008 001 GENERAL FUND 989,879.47 104 LIBRARY FUND 33,082.10 105 PARKS MAINTENANCE FUND 23,615.12 109 GAS TAXES FUND 3,677.97 111 P.O.S.T. FUND 83.68 125 SEWER SERVICE FUND 1,324,654.38 130 EMT-D REVOLVING FUND 3,769.92 158 SWIMMING POOL REVOLVING FUND 802.97 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,382.48 172 TRASH RATE STABILIZATION FUND 1,770.74 173 NATIONAL SCHOOL DIST CONTRACT 2,580.16 174 SWEETWATER SCHOOL DIST CONTRAC 4,931.26 191 STOP PROJECT 2,267.93 212 PERSONNEL COMPENSATION FUND 6,432.95 230 ABANDONED VEHICLE ABATEMENT GRANT 3,103.53 246 WINGS GRANT 29,987.58 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 1,969.63 282 REIMBURSABLE GRANTS CITYWIDE 25,513.44 290 POLICE DEPT GRANTS 3,950.34 294 HUD HEALTHY HOMES GRANT 9,976.16 301 GRANT-C. D. B. G. 10, 348.57 302 CDC PAYMENTS 39,092.54 307 PROPOSITION A" FUND 9,453.33 312 STP LOCAL/TRANSNET HIGHWAY 14.426.54 320 LIBRARY GRANTS 7,074.40 348 STATE GRANT 500.00 626 FACILITIES MAINT FUND 45,189.04 627 LIABILITY INS. FUND 8,192.52 628 GENERAL SERVICES FUND 6,550.14 629 INFORMATION SYSTEMS MAINTENANC 10,684.45 630 OFFICE EQUIPMENT DEPRECIATION 14,179.89 631 TELECOMMUNICATIONS REVOLVING 2,876.09 632 GENERAL ACCOUNTING SERVICES 17,882.89 643 MOTOR VEHICLE SVC FUND 12,084.01 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 300.00 Total 2,672,266.22 , .EETING DATE July 1, 2008 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO,. 12 (-ITEM TITLE PREPARED BY (EXPLANATION Warrant Register # b0 for the period of 06/U4/U6-through 06/10/08 in the Amount of $569,028.60 D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladndo (i 1' )-336--1331 Per Government Section Code 37208, attached are the warrants issued for the period of 06/04/08 through 06/10/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Esgil Corporation 221113 88,642.33 Plan Check Svcs Health Net 221118 67,511.70 Emp Ins -June 08 Kaiser Insurance 221130 131,791.01 Emp Ins -June 08 SDG&E 221174 57,935.81 Utilities J CEnvironmental Review N/A Financial Statement Not applicable. MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $ 569,028.60 BOARD / CQMMISSION RE co 1. Warrant Register #50 ENDAT ATTACHMENTS ( Listed Below ) Resolution No. A-200 (Rev. 1/03) 1 of 5 WARRANT REGISTER # 50 6/10/2008 Payee Description chk no chk date Amount ADM[NIST OF JUSTICE BUREAU TUI ION:DETECTIVE TRAINING-PD 221087 6/10/08 30.00 AIRGAS-WEST HELIUM 221088 6/10/08 21.75 AMERICAN ROTARY BROOM CO . INC SWEEPER REPAIRS 221089 6/10/08 1,889.51 ASTOR SUPPLY LAB SUPPLIES 221090 6/10/08 801.40 AT&T/MCI PHONEXXX-7549 APRIL 2008 221091 6/10:08 6,237.51 AT&T/MCI PIIONE XXX-7802 221092 6/10/08 670.94 AT&T/MCI PHONE XXX-6700 221093 6./10108 82.85 BANK OF AMERICA TRAVEL. EXP TO CONF-CM/MAYORS 221094 6/10/08 4,430.83 BCM (71.1STOMER SERVICE MAINTFNANC'E SVC - MAY 2008 221095 6/10/08 150.00 OOT WORLD MOP H64096 SAFETY BOOTS (GIBBS) 221096 6/10/08 125.00 (' A 1' F FIRE/LTD JUNE 2008 221097 6/10/08 640.00 CALIFORNIA BAKING CO. BREAD PRODUCES 221098 6/10/08 204.00 CALIFORNIA LAW ENFORCEMENT PD/LTD JUNE 2008 221099 6/10/08 1,813.50 CEB CA CIVIL. DISCOVERY PRACTICE-ATIY 221100 6/10/08 134.47 CHEVRON & TEXACO BUSINESS CARD MOP H45699 FUEL 221101 6/10/08 373.10 CINGULAR WIRELESS PD DATA CONNECTION 4/21-5/20/08 221102 6/10/08 490.65 CITY OF SAN DIEGO INDUSTRIAL WASTE MONITORING 221103 6/10/08 4,074.08 COMMUNITY DEVEI.OPMENT SAL & BEN REIMB - FIN STAFF 221 104 6/10/08 2,337.03 CONSTRUCTION ELECTRONICS INC. SVC FOR ALARM ACCESS - JUNE 2008 221 105 6/10'08 843.55 CORPORATE EXPRESS COPY PAPER 221 106 6/10/08 4,099.71 ('OIJN N OF SAN DIEGO MAIL PROCESSING SVCS 3/16-4/15/08 221107 6/10/08 4,763.52 ('I11.I.IGAN WATER WATER SOFTNER 221108 6/10/08 174.50 DAPPER TIRE COMPANY TIRES 221 109 6/10/08 1,745.94 DEI:I'A DENIAL. DENTAL INS JUNE 2008 221110 6/10/08 15,324.40 )IXIELINE LUMBER CO. MOP #45707 ELECTRICAL MATERIALS 221 1 1 1 6/10/08 1,502.68 1 2 of 5 WARRANT REGISTER # 50 6/10/2008 Paycc Description chk no chk date Amount EMBASSY SUITES LAKE TAHOE CACEO ANNUAL. SEMINAR - BL► G 221112 6/10/08 1,.380.02 ES(111. CORPORATION 1'LAN CHECK SERVICES 221 1 13 6/10/08 88,642.33 EXPRESS TEL LONG DISTANCE SV(' - 4'20-5/20/08 221 1 14 6/10/08 179.66 FERGUSON ENTERPRISES, INC MOP 1145723 COUPLINGS. TAPE 221 1 15 6/10/08 356.09 GRAINGER MOT' #65I79 LAMPS 221 1 16 6/10/08 187.58 I IAMILTON MEATS & PROVISIONS MEAT PRODUCTS 221 1 17 6/10/08 1455.96 I IEAI:ITI NET I II;ALTH INS I10067A JI INE 2008 221 1 18 6110/08 67,51 1.70 HEA1:111 NET ALAI;1H INS JUNE 2008 57115J 2211 19 6/10/08 1,028.91 I II?ALTH NET HEALTH -FULL NETWORK 57I35A JIJN'08 221 120 6/10/08 10.431.41 HEALTHH NET I IEAI; IH-RET INS 110067E JUN'08 221 121 6/10/08 2,830.8` HEALTH TH NET I IEALTIINET RETIREES 57135E INS 221 122 6/10/08 613.60 HINDERLITER DE LLAMAS & ASSOC AUDIT SVCS-TRANSACTIONS TAX 221 123 6/10/08 9,460.98 I IINDERI.ITER DE I.I.AMAS & ASSOC CONTRC SVCS SALES TAX 2ND QTR 221 124 6/10/08 2,056.05 III INLER'S NURSERY INC. MOP #45719 OLEANDER SHRUB 221125 6/10/08 87.00 I IYDRO-SCAPE PRODII(' 'S INC. MOP #45720 IRRIGATION ROTOR 221126 6/10'08 1,013.68 IKON OFFICE SOLUTIONS COPIER MAINTENANCE: & SUPPLIES 221127 6/10/08 4,458.81 JEFFl.:RSON PILOT FINANCIAL. LIFE & AD&D STD LTD JIUNE 2008 221128 6/10/08 9,104.65 .LOAN DEERE LANDSCAPES MOP #69277 'FURF S111'REME SOIL, 221129 6,'I0i08 928.82 KAISER FOUNDATION I IEA1:l1I PLANS KAISER INS ACTIVE. Jl1NE 2008 221130 6/10/08 131,791.01 KAISER FOUNDATION HEAT:III PLANS KAISER RET INS JUNE, 2008 221131 6/10108 4,325.40 KIWANIS CLUB OF NATIONAL CITY KIWANIS CLUB 1)1ILS - PD 221132 6/10/08 136.00 I, C ACTION MS.A ESP II COMMI INICA 1 ORS 221 133 6/10/08 1,877.81 LASER SAVER INC MOP #45725 PRINTER CARTRIDGES 221134 6/10/08 97.66 .IE.IIE:RTCASSIDY WHITMORE I:XI'ERT&CONSULTANT SERVICES 221135 6/10/08 1,300.00 I.OI'EZ DIRECT DEPOSIT PAYDAY REJEC-FIN 221 136 6110/08 604.7 3 of 5 WARRANT REGISTER # 50 6/10/2008 Payee Description chk no chk date Amount LYNN PEAVEY LAB SUPPLIES 221 137 6/10/08 3,007.31 MAGGIORA 125l'LAN REIMBURSEMENT 221138 6i10/08 385.15 MAINTEX. INC. JANITORIAL SUPPLIES 221139 6/ 10i08 1,260.71 MANGANIELLO RFIM13 FOR ITE SEMINAR - ENG 221140 6/10/08 250.00 MANGANIELLO REIMB SEMINAR/REGIST - ENG 221 141 6110/08 50.00 MASON'S SAW & LAWNMOWER SRVC MOP #45729 FS250 LOOP TRIMMER 221 142 6110/08 477.52 MA1THEW RENDER Sc CO INC MUNICIPAL CODE MAY'08 221143 6/10/08 2,475.58 MATTHEW BENDIER & CO INC MUNICIPAL CODF. MAY'08 221 144 6/10/08 249.20 MATTIIEW BENDER & CO INC DEER CA CIVIL RULES MAY'08 221145 6/10/08 19.58 CGI)IRE DISTRIBUTION MILK PRODUCTS 221146 6/10/08 399.10 MINDC:ONNECTION CRYSTAL REPORT LICENSE PACKAGE 221147 6/1(1/08 881.64 MINl1TEMAN PRESS VEHICLE IMPOUND WARNING LABEL. 221148 6/10/08 587.25 MISSION UNIFORM SERVICE LINEN SUPPLTI{S 221149 6/10/08 108.82 MORE DIRECT COLOR LASE{RJET ML UTI FUNCTION 221 150 6/10/08 746.03 NAPA AUTO PARTS MOP #45735 SMALL. TOOLS 221 151 6/10/08 497.88 NATIONAL ALLERGY SI1'I'I.Y INC. MATTRESS & PILLOW ENCASINGS 221152 6/10/08 2,296.40 NATIONAL CITY CAR WASI I CAR WASHES FOR CITY FLEET 2.21 153 6/10/08 292.00 NATIONAL CITY DETAIL SHOP MOT' #45737 AUTO DETAIL 221 154 6/10/08 140.00 PACIFIC AUTO REPAIR SMOG CIiECKS FOR CITY VEHICLES 221 355 6/10/08 1,425.61 PADRE. JANITORIAL SUPPLIES, INC JANITORIAL. SUPPLIES 221 156 6/10/08 1,900.22 PORTABLE COMPUTER SYSTEMS I.AP1GP COMPUTERS 221 157 6/10/08 42,491.95 PRO -EDGE KNIFE SIIARPENING SERVICE,, 221 158 6/10/08 44.00 PRUDENTIAL. OVERALL SUPPLY MOP #45742 UNIFORMS - PARKS 221 159 6/10/08 228.39 RD() EQUIPMENT CO. TECHNICAL. MAINTENANCE MANUALS, #ClM104 221160 6/10/08 606.10 .EI.IANCE STANDARD VG180848 VTI. JUNE 2008 221 161 6/10/08 2,353.61 4 of 5 WARRANT REGISTER # 50 6/10/2008 Payee Description chk no chk date Amount RI('( ALBA APPRAISAL SERVICE CLAIM( V. GRAJALES 221162 6/10/08 209.00 ROE 125 PLAN REIMBURSEMENT 221163 6/10/08 2,000.00 ROT11 STAFFING COMPANIES. LP STAFFING SVCS - CM,CC 221 164 6/10/08 2,716.82 S.D. COUNTY SIIERIFF'S DEPT. CAL -ID PROGRAM 01/01-06/30/08 221165 6/10/08 8,851.00 SAINZ REIMB - BED( G I'I.ANS EXAMINER 221 166 6/10/08 94.00 SAM'S ALIGNMENT FRONT AXEI. 221 167 6/10/08 157.88 SAN DIEGO FITNESS EQUIPMENT LABOR TO INSTAI.I. KEYPAD/OVERLAY 221168 6/10/08 230.11 SAN DIEGO GAS K. ELECTRIC 1415 D AVE HM 4/17-5/16/08 221 169 6/10/08 2,142.10 SAN DIEGO I IYDRAULICS IIYDRAULIC 011. 221170 6/10/08 141.59 SAN DIEGO POLICE EQUIPMENT FEDERAL. AMMUNITION 221171 6/10/08 8,311.65 SANCHEZ 125 PLAN Rl1M13l1RSEMENT 221172 6/10/08 208.78 SCHMIDT RP.FI JNI) PLANNED DEVF.LPM"I' EEL,. 221173 6/10/08 2,623.00 SDGRI; STREET DIVISION 221174 6/10/08 57,935.81 SIIARP HEAL :DWARF, RECREATION ACTIVITIES 221175 6/10/08 40.00 SILVA TRAVEL. F:XI':SEMINAR - ATTORNEY 221176 6/10/08 580.36 SSD SYSIIMS LABOR L'O INSTALL 221177 6/10/08 3,000.00 SWANK MOTION PICTURES, INC. LICENSING FEE FOR MOVIES 221 178 6/10/08 742.00 SWEETWATER KIWANIS MEMBERSHIP KIWANIS - CM 221179 6/10/08 210.00 SYSCO FOOD!CONSIJMABLE•S 221180 6/10/08 4,70028 TARGET SPECIALLY PRODUCTS AQUAMASTIAt 221181 6/10/08 451.45 TIIE LIGITII LOUSE. INC. MOP #45726 LED RETROFIT KITS 221 182 6/10/08 484.87 THE REGIONAL TRAINING CENTER OPERATIONAL ANALYSIS - FIN 221 183 6/10/08 750.00 TURF MAKER PARK PAT Rot. TRASH PICKER 221 184 6110/08 798.82 TURNER'S PORTABLE WELDING MAIIRIALS 221185 6110/08 734.06 U S BANK CORPORATE PAYMT SYS CREDIT CARD EXP - PD 221 186 6/10/08 3,980.2 4 5 of 5 WARRANT REGISTER # 50 6/10/2008 Payee Description chk no chk date Amount UNION BANK OF CALIFORNIA MAY'08 - APR'09 AIMIN FEES 221187 6/10/08 1,197.94 VALLEY INI)US'IRIA]. SPECIALTIES MOP 046453 FI.ANGIi. NIPPLE, KIT 221188 6/10/08 361.10 VERIZON WIRELESS CELL PiIONI•S 4/22-5i21/08 221189 6/10/08 3,603.26 VISTA PAINT PAINT 221190 6/10/08 662.55 WESTFLEX INDUSTRIAL SUPER SWIVEL, EA-9 SS 20 FP 125 X FP 221 191 6/10/08 524.85 WILLIAMS KITCHEN NOI11I' REPAIR 221192 6/10/08 1,219.80 WILLY'S ELECTRONIC SUPPLY MOP H45763 MICROPHONE SYSTEM 221 193 6/10108 653.30 ZAPA'TA REIMR'M1SC EXPENSE/CM 221 194 6/10/08 153.73 Total S 568,466.07 221086 6/4/08 562.53 Total S 562.53 Grand 'I'otal 569,028.60 5 Warrant Register # 50 6/10/2008 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 198 PROPERTY EVIDENCE SEIZURE 253 RECREATIONAL ACTIVITIES FUND 259 LIBRARY BONDS DEBT SERVICE FUND 282 REIMBURSABLE GRANTS CITYWIDE 294 HUD HEALTHY HOMES GRANT 302 CDC PAYMENTS 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 332,352.50 4,753.94 1,573.10 88,642.33 5,323.22 3,000.00 12,370.53 97.66 3,808.71 40.00 1.197.94 19.530.80 29.37 18,440.98 29,065.22 771.53 13,970.42 1,679.55 11,264.87 5, 513.94 6,724.64 8,877.35 Total 569,028.60 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 1, 2008 AGENDA ITEM NO. 13 ITEM TITLE Public !leafing - Modification of a Conditional Use Permit (2007-22 CUP) to Allow for an 830 Square Foot Expansion of an Existing Pawn Shop at 1050 Highland Avenue, Suite E (Applicant: Express Financial Services) (Case File 2008-08 CUP) PREPARED BY Michael Fellows, 336-1310 DEPARTMENT Planning EXPLANATION On June 3, 2008, the Council considered the Notice of Decision for this application and set the matter litr a public hearing. The application is a modification of an existing Conditional Use Permit for the operation of a pawn shop at a commercial center located at the intersection of Plaza Boulevard and I lighland Avenue. A Conditional Use Permit for the pawn shop was approved in August 2002 by City Council. Since it had a five year expiration date, the owner reapplied for a new Conditional Use Permit which was approved by Planning Commission in May 2007. The applicant requests a modification of the existing CIJP to allow for an 830-square loot expansion resulting in a total of 3,022 square feet. The Planning Commission considered the application on May 19, 2008. While the Commission expressed concerns about the condition of the property, they noted the issues were not related to the operation of the pawn shop and approved the CUP modification unanimously. All prior Conditions of Approval of CUP 2007-22 remain, including the ability to revoke the permit al the recommendation of the Police Department and a prohibition of'firearms sales. The attached report describes the application in more detail. Environmental Review X Exempt (pursuant to Section 15301. Existing Facilities) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission to approve the Modification of the Conditional Ilse Permit. BOARD / COMMISSION RECOMMENDATION Planning Commission approved the requested Modification. Vote: Ayes — Alvarado, Baca, Pruitt, Flores, Reynolds, DeLaPaz ATTACHMENTS (Listed Below) I. Background Report 2. Planning Commission Resolution 16-2008 including findings and conditions of -approval Resolution No. 4. Location Map 7. Site Photos 5. Departmental & Agency Comments 8. Application 6. Notice of Fxemption 9. Project Plans A-200 (9/99) BACKGROUND REPORT The project is located within a 2,192 square foot leased area of the 12,478 square -foot I lighland Plaza shopping center_ The shopping center is within the General Commercial (CG) zone. Located northeast of Wal-Mart, south of the Cricket building at the intersection of Plaza Boulevard and Highland Avenue. Other uses within the center include retail, insurance, and a nail salon. Request: A Conditional Use Permit for the pawn shop was originally approved in August 2002 by City Council with a Live -year expiration date. Prior to expiration, the Planning Commission approved 2007-22 CUP on May 21, 2007. Since that time, the applicant has submitted a request for a modification to the CUP to expand the leased area by 830-square feet, resulting in a total leased area of 3,022 square feet. The applicant proposes to expand the floor arca and construct a handicap accessible bathroom. Analysis: Operation of a pawn shop within the CG zone requires a CUP. Expansion of the use would require approval of a modification of the CtJP. Pawn brokers are also state regulated through the California Business & Professions ('ode. A recent inspection of the pawn shop noted conditions similar to those observed last year for the recently approved CUP. There are display areas for jewelry, tools, and electronic equipment. Firearms arc not allowed to be sold and none were observed. No Code violations for the pawn shop were observed. A site review indicated two areas of concern with the shopping center, neither related to the operation of the pawn shop: 1) overall site maintenance and 2) code violations. Code violations such as, banners, parking lot displays, and A -frame sips will be directed to a Code Enforcement Officer for follow up. Building and Safety Department requested the applicant improve handicap accessibility for the business, as shown on plans. The Police Department indicated that there were three calls for Police service last year, including: one for petty theft, one for a burglary alarm, and one for identity theft. The Police Department has not objected to approval of the Conditional Use Permit. While the Commission expressed concerns about the condition of the property, they noted the issues were not related to the operation of the pawn shop and approved the application unanimously. All prior Conditions of Approval of 2007-22 CUP would remain, including the ability to revoke the permit at the recommendation of the Police Department if state or local laws were broken and prohibiting firearms sales. 1 RFSOLI J TION NO. 16-2008 A RESOLUTION OF THE PLANNING COMMISSION OF TILE CITY OF NATIONAL (.'I'1'Y, CALIFORNIA, APPROVING A MODIFICATION OF A CONDITIONAL. USE PI{RMTI' (2007-22 (7I.1P) TO ALLOW FOR AN 830 SQUARE FOOT EXI'ANSION OF AN EXISTING PAWN SHOP Al' 1050 HIGHLAND AVENUE, SUITE E. CASE FILE NO.: 2008-08 (.'UP APN: 556-560 44 WIIEREAS, the Planning Commission of the City of National City considcrecl a Conditional Use Permit Modification application to add 830 square feet to a pawn shop at 1050 Highland Avenue, Suite E, at a duly advertised public hearing held on May 19, 2008 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in ('asc File No. 2008-08 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, 'THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 19, 2008 support the following findings: I. That the site for the proposed use is adequate in sire and shape, since the pawn shop is an existing use proposing a minor expansion into an existing, adjacent suite. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since it is located on Highland Avenue, an arterial street, and since the pawn shop is an existing use proposing a minor extension into an existing suite. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it has been operating at this location since August 2002, will continue to function as a typical retail use in an existing shopping center, and is not expected to create additional impacts. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will continue to provide a service that is in demand among consumers. 2 BE IT FURTIIER KFSOLVED that the application for Conditional Use Permit Modification to add 830 square feet to an existing pawn shop at 1050 Highland Avenue, Suite F is approved subject to the following conditions: 1. This Conditional Use Permit authorizes an 830 square foot expansion a pawn shop at 1050 Highland Avenue, Suite E. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case file no. 2008-08 CUP, dated 4/29/2008. 2. The business shall be operated in compliance with California Business and Professions Code Sections 21625-21647 at all times. 3. The sale of firearms is prohibited at the site. 4. Exterior walls of the pawn shop and trash enclosures to a height of not less than 6 feet shall he treated with a graffiti resistant coating subject to approval from the Building and Safety Director. (iraftiti shall be removed within 24 hours of its observance. 5. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will he required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the ('ity of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit; the St JSMP shall be prepared by a Registered Civil Engineer. 6. The Best Management Practices (BMPs) Ior the maintenance of the proposed constniction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit, as determined by the City Engineer. 7. The deteriorated portions of the existing street improvements (sidewalk 30') along the property' frontages shall he removed and replaced if applicable pursuant to ordinance 1491. 8. A permit shall he obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 9. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.1 16. I90 of the Municipal Code. 10. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land tlse Code, if discontinued for any lesser period of time. 11. This Conditional Ilse Permit may be revoked upon the recommendation of the Police Department if the operator is found to be in violation of any state, or local law regulating pawnshops in accordance with Section 18.1 16.170. 3 12. Before this Conditional use Permit shall become effective, the ..aplicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Fonn within 3(1 days of its receipt shall automatically terminate the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all 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. 13E IT FURTIIER RESOLVED that copies of this Resolution he transmitted fbrthwit.h to the applicant and to the City Council. BE: IT FINALLY RESOLVED that this Resolution shall become effective and final on the day tbllowinng the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is tiled with the City Clerk prior to 5:00 p.m. on the day of that City Council- meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing_ ('ERTiF1CATiON: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 19, 2008, by the following vote: AYES: Alvarado, Baca, lleLaPaz, Pruitt, Reynolds, Flores NAYS: ABSENT: ABS-FAIN: CI I AIRWOt 4 _.._ .._ - ',CAM 1 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR THE 1050 HIGHLAND AVENUE EXTENSION Date: March 13, 2008 To: Michael Fellows, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Maryam Babaki, City Engineer uhject: 1050 IIIGIILAND AVENUE — SHOP EXTENSION '['he Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NP1)I:S) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 2. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDFS) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. (Ls, A C-4.°x `'' -L , 'k2',_: :t t.-- al, , 4 • , c v ;1 ` 3. The deteriorated portions of the existing street improvements along the property , 1) \ frontages shall be removed and replaced (damage sidewalks). e% by ,.:... - r J 6' 1'\'' (. -'1'-. 4. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. Street improvements shall be in accordance with City Standards. AL:jha 1050 Recycled Paper 6 City of National City Fire Department Phone (619) 336-1550 Fire Department Plan Corrections Date: March 11. 2008 l'roject: express Pawn Shop Reviews: R. Hernandez Address #: l lighland Plaza Center No. of reviews: Listed plan corrections heron related to the Fire Department. If you have any questions please call (619) 336-4550. Please he advised: A fire Department permit will not he issued unless all corrections Arc completed and approved. 1) Project shall he completed to code. 2) Plan shall include language to state, "Project shall be accomplished according to NFPA 30 2007, CFC Chapter 34 2001 and City Municipal codes and editions". 3) if building has an existing sprinkler system or fire alarm. the remodel shall conform to all NIPA 2007 and (TC 2007 standards Note: Additional corrections may he required based on information provided due to the above comments. 7 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR March 5, 2008 FROM: CITY OF NATIONAL CITY PLANNING DEPARTMENT SI IHJF(' F: (.'ase File No: 2008-08 CIIP, Conditional Use Permit for a pawn shop expansion (Express Pawn) at 1050 Ilighland Avenue. This Conditional tise Permit modification has been submitted for Planning Commission consideration. The applicant has had an existing pawn shop at this location in the Highland Plaza center by Watinart on Ilighland Avenue since 2002 and is proposing to expand into a neighboring suite to the north. '1'he existing CUP (2007-22 CUP) was most recently approved on May 21, 2007 and the applicant is requesting to modify the CI JP for the expansion. Please submit your comments or recommendations on the proposed project by April 24, 21108. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4315. Thank you. Michael Fellows Planning Technician cc: No continents 6X/-723.1-1 60 0/ r Ad-; epod " Building & Safety Department Engineering Department Fire Department Police 1)epartment 1 %11 S r•oj Gc1 - (-1//cfa.nOC-c+.-tu, r,llslvrra,novas —1-Gea a55hiIei ,./i<t I flrk). {lJ 1j( o7lceL-G:{, Ih 03 -06• 08 fsi Recycled Pacer 8 Michael Fellows From: Carl Adams nt: Wednesday, April 23, 2008 8:34 AM • . J: Michael Fellows Subject: Pawn Shop Remodel The expansion of the pawn shop would require that certain handicapped accessability standards be met. The fact is that Chapter 11B CBC 2007 requires that projects below the valuation threshhold of $119,000.00 construction valuation are normally required to show that the handicapped accessability improvements are equal to 20% of the construction valuation for the job. Showing that his improvements in accessability are equal to 20% of the valuation for the project would satisfy these requirements. Improvements might consist of such items as re -stripping a handicapped parking space, changing hardware on existing entry doors and/or installation of accessable counter spaces. The applicant would be required to provide a listing of the items being improvedfinstalled and the value of the improvements along with breakdown of the total valuation of the proposed improvements. Carl 1. Adams Deputy Building Official City of National City 619 336-4314 19 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Proiect Title: 2008-08 Cl JP Project Location: 1050 Highland Suite E, National City, CA 91950 Contact Person: Michael Fellows Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit modification for the expansion of an existing pawn shop Applicant; Israel Adato 561 E. San Ysidro Boulevard San Ysidro, CA 92173 Exempt Status: Statutory Exemption. (State type and Secti on No., if applicable) Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061b3) Telephone Number: (619) 428-8003 Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal a tenant improvement between an existing pawn shop and a vacant suite. Date: Michael Fellows Planning Technician 10 a) Recycled Paper 2008-08 CIA' Pawn Shop at 1050 Highland Avenue, Suite E — Site Photos Existing and proposed frontage (facing Highland) Existing main entrance Store interior Shopping center frontage 12 NATIONAL CITY, CALIFORNIA APPLICATION for { ccii c; (q {-, © n Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number 2 e -orb 6 9) Filing Fee $ 3eiC.5 Receipt No. 2.-2S.07ny E.A.F. Required Y 1 r! Fee $ Related Cases Date Received LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) fet Lot I-f tIt Sec 134- P fCkO cie Ic Rio c t•o Mor'ri l Hap Map rJ o : oo o t co co Pa {ce 1 6669 -' ro 0- 44 - o0 PROPERTY LOCATION i b6 0 t' i H t Q k I a n a ,A tA-Q • No. J Street between 1020 Nand 1060 1-4-gh 1 a 4G! COMBINED) GENERAL PLAN/ZONING DESIGNATION C CZ Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page I of 4 13 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide. justification of these findings; however, the information can he useful to Planning Staff when compiling their report. Please provide any additional information which may be help%ul when considering the application. 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Y 44040••••• • Or, W. rani• • ••••• au 00204 •••••••••• •12•••• t:440V.:•=1•Ygnntr•VOU:••e•V11'.1;''. •22/4120.2 004211 4,044 1202011•2112.0 2 0 •••• ••••••01 IOW 'n OVUM %NO 444 .02 DM: •00C• ••••• 1:1:1•4 trASIVI,"14"«.741&;;;;SIOWL.2 4 4 "4"`''''' 0 CL 0 DI X ". „, ch > < < 0 71 < 3 • to w c•3 - c. 0 .23 -- : uj 0 z 14246 1,1 X. 4 City of National City, California CITY COUNCIL AGENDA STATEMENT 14 MEETING DATE July 1 2008 AGENDA ITEM NO /rl'EM TITLE Public IIearing of the City of National City regarding levy of self assessments for the Downtown National City Property Business Improvement District (Morgan Square Community Benefit District) to fund ongoing maintenance and operations (Public Rights of Way and Sidewalk Operations, District Identity and Streetscape Improvements, Administration and Corporate Operations. and the District's Reserve Fund). PREPARED BY n DEPARTMENT Jacqueline Reynoso (ext. 4293' Economic Development Division Community Development Coordinator Strategic Action Plan 4d EXPLANATION Maintenance and operation costs for fiscal year 2008-2009 of the Downtown National City Property Business Improvement District ("District") are estimated at $240,688.64. The fees to the property owners for fiscal year 2008-2009 range from $240 to $22,785.90. Based on the District Plan, approved by the City on April 30, 2004. the Board of Directors of the Management Corporation ("The Board") have an option to increase the assessments annually based upon the San Diego County regional CPI indicator or to a maximum of 5% for subsequent years. The Board has reported that there is no change in the assessment amount from fiscal year 2007-2008. The Board does not anticipate an increase in the annual assessment. Environmental Review N/A Financial Statement Maintenance costs for the 2008-2009 fiscal year for the District are estimated at $240,688.64. 1 STAFF RECOMMENDATION City Council open the Public Ilearing for the Levy of Assessments associated with the Downtown National City Property Business Improvement District (Morgan Square Community Benefit District). ATTACHMENTS 1. Background Report 2. Public Hearing Notice L_3. Engineer's Report 4. Assessment Resolution No. A-200 (9/80) ATTACHMENT I BACKCROIJND REPORT Re: Downtown National City Property Business Improvement District (Morgan Square Community Benefit District) Order of Procedure: The following sets firth the Order of Procedure for the public hearing to consider the annual levy and collection of assessments for the Downtown National City Property Business Improvement District ("District"). I. The Mayor shall announce that the Public hearing is to consider the levy and collection of self - assessments for the maintenance costs associated with the District. 2. The City Clerk will make a statement that notice has been given in the manner and form as required by law. A Certificate of Cornpliance is on file and open for public inspection at the Office of the City Clerk. 3. The Community Development Director will provide an oral report on the purpose of the District, its boundaries, the proposed assessments upon assessable lots, and a general overview of the Engineers Report. The oral report shall also include a number of protests received (% of assessed area) and shall announce that copies have been delivered to each member of the legislative body. 4. The Mayor shall require each speaker to identify themselves (including their site address), and provide their comments in the following order: a. I_irstiv, individuals in opposition to the maintenance work to be completed; and (b) assessment methodology: and b. Secondly, individuals in favor of the assessment proceedings. 5. City Council shall provide discussion regarding the assessment proceedings; if necessary. 6. The Mayor shall close the public hearing and the City Council shall consider taking action on the item. ATTACHMENT 1 NOTICE OF A PUBLIC HEARING OF TI IE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVII)F; FOR AN ANNUAL LEVY AND COLLEC" MONDE ASSESSMENTS IN TILE DOWNTOWN NATIONAL, CITY PROPERTY BUSINESS IMPROVEMENT DIS I'RICt' AND SETTING A TIME ANI) PLACE FOR A PUBLIC IIEARING The City Council of the City of National City has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"). The special maintenance district is known and designated as The Downtown National City Property Business Improvement District ("Maintenance District"). It is the intention of the City Council to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance and/ or servicing of improvements within the Maintenance District. An Assessment Engineer's Report contained in the Downtown National City Property Business Improvement District Management District Plan ("Report) has been prepared and approved by this City as required by the 1972 Act and Article XIIID of the Constitution (Article XIIID). The Report is available for public inspection in the office of the City Clerk. Reference is made to said Report for a full and detailed description of the improvements to be maintained and/or serviced, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. NOTICE IS I IER> BY GIVEN that the City Council of the City of National City will hold a Public !tearing after the hour of 6:00 p.m. on Tuesday, July 1, 2008, in the City Council Chambers, located at 1243 National City Boulevard, National City, CA, regarding: LEVY OF ASSESSMENTS FOR COSTS OF THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT. The City Council will consider all oral statements and written protests or communications made or filed by any interested persons regarding the annual levy and collection of assessments for the Downtown National City Property Business Improvement District. Michael Dalla, City Clerk ATTACHMENT 2 SignOnSamiDliegge.com ry TN. wool+-Tq11M01. get on it- theSanbitgo Locatnews ition~ r bune. niace sisclrzackgplace Order Confirmation Account Number. 1055816 Customer: DBA: COMM.DEV.COMM,SEC-8RENT ASST CITY OF NATIONAL CITY 401 MILES OF CARS WAY STE.380 NATIONAL CITY, CA 91950 Telephone: (619) 336-4254 Fax: (619) 477-3747 EMail: JREYNOSO@NATIONALCITYCA.GOV Ad Number: 0010057793 PO Number: DOWNTOWN NATL CITY Date Ordered: 06/18/2008 Orderer. JACQUELINE REYNOSO Order Status: Live Queue: Ready Sales Rep: GWEN WATSON Telephone: (619) 293-1460 EMail: GWEN.WATSON@UNIONTRIB.COM Total Amount: $441.60 Payment Method: Payment Amount: $0.00 Amount Due: $441.60 Product SignOnSanDiego Union -Tribune Zone Full Run Full Run Placement Legal Legal Position Lega!s Legals Start Date 6/20;2008 6/20, 2008 End Date 6/20;2008 6/20i2008 Insert.ons 1 1 Ad Content NOTICE OF A PUBLIC HEARING OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION 70 PROVIDE FOR AN ANNUAL LEVY AND COLLECTIONOF ASSESSMENTS IN THE DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING The City Council of the City of National City has previously formed a special maintenance district pursuant to the terms of the Landscaping and Lighting Act cf 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of Ca'ifcrnia (the 1972 Act"). The special MOTO Of A KWIC MIAOW OF THE CITY OF NATIONAL CITYDlCLARING In PfrVmON TO PROVIDE FOR AN ANNOAL LEVY AND CCUSCfONOF ASS:S41AENYS 1N THE DOYMTOWN Y s__ fl1 Owns Printed: 6/18/2008 9:46 am 350 CAMII<O DE LA REINA, P.O. BOX 120161, RAN D CALIFORNIA 02112-01111 Page 1 of 3 SignOn9c*n . e.com WV The wen-Tw,NUNI. 9,0 On it. Ad Order: 0010057793 $A$PdIewr tiu 1 MEOW USINE55 YIIPPROYEM[Nr DISTRICT AND SKIING A TIA1R AND PLACE ION A. PUEIIC NEARING The CI!r wpol of the CM.eeccIeeI! W tanned eC101 ree Marion[► digrld pAI to 1 IInY:aghM M_ Ina Atttof P01't )sien " erQ01e Of_ hr0fg Cod Ito 5171�110�e/1T2. Ael' The soothe Oohed le knew !teilkfeoffel • town of 511,0 I l Mari. lil9eoneo�ntfvct ds- It is Its Intontlon of,no Ctr C M�1t to cpatndyu t ttheodnuol OlowI e of 098101me for tM twine,ewer Wel war tprrqvolee ter the anima*[eN eOlrKt�rwe nn, nefieeortWoff Mehl/Owen{ WAAM Itr) Morm.ro%GO DW M AYMemint Mei- nnBrnsis rt w OBOe1F:IMmCgNroerwCnIIKnere Nrict#,i' aese• ree loy pCky S0*NCe). 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CItY Cleric Printed: 6/18/2008 9:46 am Order Confirmation 350 CAMINO DE LA REINA. P.O. BOX 120191, PAN DIErs"t CALIFORNIA. 92::.2-019t TELEFI{O."-299.3;21 Page 3 of 3 RECEIVED I.•.. , Cemmuraiy Deve'opme:1! G;iniri`Sic, DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Formed Under California Streets and Highway Code Section 36600 Property Business Improvement District Act of 1994 FINAL PLAN SUBMITTED TO: THE DOWNTOWN NATIONAL CITY P.B.I.D. STEERING COMMITTEE TIIE CITY OF NATIONAL CI'i'Y COM11UNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MAR'I'INEZ MAYOR NICK INZUNZA AND CITY COUNCIL MEMBERS Luis NATIVIDAD, RON MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB PRESENTED BF: MARCO Li MANDRI, NEW CITY AMERICA INC. APPROVED APRIL 30, 2004 i JPDATEI) MAY 24, 2004 ATTACHMENT 3 DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FINAL PLAN - MAY 24, 2004 TABLE OF CONTENTS 1. INTRODUCTION, EXECUTIVE SUMMARY II. ADDRESS SERIES, GENERAL STREET BOUNDARIES III. WORK PLAN AND BUDGET IV. ASSESSMENT METHODOLOGY 1'O FUND THE SPECIAL BENEFITS V. RELEVANT ENABLING LEGISLATION, AB 1021 VI. ENGINEER'S REPORT AND RELA'IONSIIIP BETWEEN ASSESSMENTS PAID AND SPECIAL. SERVICES RECEIVED VII.. DISTRICT GOVERNANCE APPENDIX A. MAP OF THE DISTRICT B. FIVE YEAR PROJECTION OF ASSESSMENTS C. I.,IST OF PARCELS INCLUDED IN DISTRICT D. CERTIFIED ENGINEER'S REPORT 2 1 PART I EXECUTIVE SUMMARY DOWNTOWN NATIONAL CiTY MANAGEMENT DISTRICT PLAN Statement of Purpose Over the past two years, the people of San Diego County have begun to see National City in a whole new light. Long identified with the extremely successful National City Mile of Cars, the City now has the distinct identity of a municipal corporation aggressively moving forward on a number of fronts. Whether it he the visionary Marina project, the development of Filipino Village, the beautification of Highland Avenue or the creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City Council, as well as the staff of the Community Development Commission, National City is in a race to re -position itself as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 2151 Century. Led by a group of significant, small and long-time business and property owners, this effort to establish a Property Business Improvement District was initiated in March 2004. With great speed and tremendous commitment, it is the intent of this district to be established and generate its first revenues by the conclusion of calendar year 2004. Such an undertaking is unprecedented but reflects the seriousness of the effort of the Downtown stakeholders to redefine themselves to the surrounding region. With the growing state budget crisis in California and its resulting impact on the cities, it is safe to assume that current National City general benefit services delivered in the Downtown business district will not increase in the future. To make the Downtown district and community better, commercial and institutional property owners must look at new ways of funding special benefit services to clean up the district as well as promote the area. Such special benefit services could include bringing a new identity to the Downtown business district, funding new gateway signs to the district, regular sidewalk sweeping, sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing private security services above and beyond that of the National City Police Department, aiding in the coordination of homeless intervention services, proposing solutions to parking problems, initiating beautification programs, tree planting and maintenance, coming up with new marketing and promotions programs, defining greater visual linkages to the 8th Street Trolley stop as well as serving as an advocacy group of business and property owners. This proposed Downtown National City PBID or special benefits district would be funded through an assessment levied on each and every parcel in the finalized and approved boundaries in Downtown. Affected property owners have determined the exact costs of funding these special benefit services. All properties, public and private, would be included in this new assessment district. 3 In early April, a survey was mailed to every property owner within the initial study area. The area included all parcels on National City Blvd. between 2°" Street on the north, 12'h Street on the south, and along 8th Street from the Trolley Stop on the west to F. Avenue on the east. There are 153 parcels in the proposed district, represented by 96 property owners. The district is approximately 34 square blocks. The database compiled by New City America, Inc. reveals the following data that would create the material basis for the apportionment of assessments throughout the district: • 1,465,301 square feet in total lot size; ■ 448,344 square feet in total building size; • 21,744 linear feet in total frontage The survey results were quite stunning. The results of the survey were as follows: NUMBER OF RESPONSES: Respondents represented the Allowing property variables: Lot size: Building size Linear Frontage 522,523 square feet or 35% of the total 240,713 square feet or 54% of the total 8,248 linear feet or 37% of the total Of those who responded to the survey, the following respondents, (by weight) demonstrated their support for creation of the PB1D: Responses from Property Owners Who Returned PB//) Survey Response Lot Size Support Formation 76% Oppose Formation 24% BuildinX Size 88% 12% Linear Frontage 77% 23% Of those who responded, the following represent support of specific special benefits funded by the MID: ➢ 61% had owned their property for 9 years or less; ➢ 73% were sole proprietorship or family owned properties 52% believed that National City had been portrayed negatively by the major media in the last few years; ➢ 84% believed that Downtown was unsafe or "safe, however suffers an image as an unsafe district;" 154% would support property owners funded special benefit security services; Y S4% feel their customers would not feel safe walking from the corner of 8'h and National City Blvd. and the Trolley Stop; i• 64% would support initial of property owner funded regular sidewalk/gutter sweeping and steam cleaning services; 4 70% support property owner funded special events to improve the identity of Downtown; Based upon this level of support, the Downtown National City PBID Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROPERTY VARIABLES TO BE ASSF,SSE.D: Three property variables will be used to fund the special benefit services of the district. Those variables will include: lot or parcel size, building square footage, and linear frontage. Each of these variables can he verified by County records. By law, the district can only fund special benefits, not general benefit services. Building square footage will be further categorized by "use", (retail, hotel, church, public building, office, etc). Use determines needs anti therefore special benefit to he received. SERVICES To BE FUNDED: The primary special benefits to be funded by the creation of the district will be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8'h and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for five years with provisions for annual CPI adjustments as well as annual disestablishments procedures. BENEFJ I' ZONES: There will be two benefit zones in the proposed district. Benefit Zones are determined by the level and frequency of services to one sector of (he district, vs. another. For example, the core area parcels along National City Boulevard between 2'"' and 12'h, as well as 8t° Street from the freeway bridge to A Avenue, will constitute Benefit Zone I. All other parcels in the district will fall into Benefit Zone 2. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). 5 iv APPORTIONMENT OF BUILDING USES: Building Use Code 1 Description of Use A 1 Retail space, hotels, motels, visitor related A Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution D Institutional (.School, public, park Church, Tax-exempt properties E Multi -unit housin a artments (20 units or more) F Multi -unit housing, apartments (9 -19 units) G Multi -unit housing, apartments (2 - 8 units) H Single Family housing units (not to exceed $240 per year) 1 Condo units - $ 240.00 Oat fee per year Approximately $146,095.30 (61 %) of the assessments will be generated from parcels within Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2 parcels. COST: Downtown National City PBII) First Year Costs by Property Variable PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 Lot Square Footage Building Square Footage (range) Linear Frontage $ 0.0841 per square foot per year $ 0.1485-$0.1886 per square foot er ear $1.8264 per linear foot1►er year $ 240.00 Single Family Home and Condo Annual Fee Total Annual Budget ANNUAL. ADJUSTMENTS: ANNUAL COST BENEFIT ZONE 2 $0.0757 per square foot per year $0.1485-$0.1697 per square foot per year $1.8264 per linear foot i er year $240.00 TOTAL. GENERATED) BY VARIABLE $118,053.09 (49%) $80,075.68 (33%) $39,713.24 (17%) $2,880.00 (1 %) $240,722.01 The Board of Directors of the Management Corporation will be given the option to increase the assessments annually based upon the San Diego County regional CPI indicator or by an amount not to exceed 5% from the previous year's assessments. The Management. Corporation shall have the right to shift allocations within the four categories as they feel appropriate and as long as it remains consistent with the intent of the plan. The Board shall also have the right to shift up to 10% per year from category to category, each year, as needs change with the priorities of special benefits. 6 I1 PART II ADDRESS SERIES, GENERAL STREET BOUNDARIES LOCATION: In general, the Downtown National City FBII) includes all private and public parcels within the following boundaries: Street Address Series 704-724 827 811 - 817 831 - 835 41 -43 14-35 10 22-404 419 Street Name 810 - 925 205 - 1146 225- 1133 25-38 21 30 21-27 21 A Avenue B Avenue C Avenue D Avenue E. 12th St_ E. 3rd St. E. 515-St. E. 81-h t. E. Hoover Avenue National City Blvd. Roosevelt Avenue 110-200 111- 225 32 - 121 W. W. 12th Si. W. 2"d Avenue W. 3" Avenue W. 7ta St. W. 8th St. W. 91A St. W. Plaza Blvd. 12 PART III WORK PLAN AND BUDGET SERVICES: Special benefit services to be financed by the Downtown National City Boulevard Property Business Improvement District will primarily include funding the following types of services. Based upon the survey results of the property owners, and estimated costs and services, the preliminary special benefits funded by the Downtown National City Property Business Improvement District are as follows: Proposed Downtown National City PRIM. Public Rights of Way and Sidewalk Operations (PROWSO) ■ Sidewalk sweeping; • Beautification; • Decorations and banners; ■ Enhanced trash receptacle placement and regular emptying; • Removal of bulky items; • Tree and shrub planting and maintenance • Work with City on hazardous issues; • Maintenance of public order in the sidewalks; • Homeless intervention; • Equipment, supplies, tools; • Misc. 2. District Identity and Streetscape Improvement (DISI) (Predominantly in Benefit Zone 1) • Special events (1 per year); • Web site; • Pedestrian kiosks/signage • Underwriting advertising coop for hotel and retail 3. Administration and Corporate Operations: ■ Staffing; • Insurance; • Office related expenses; • Misc. 4. Contingency/Reserve: • Delinquencies; • City costs; • County costs; • Hardship; • Reserves; 13 Consistent with state law, any property assessment district must confer a special benefit to real property owners paying into the assessment district. At times, specific parcels will derive greater benefit, due to their proximity to a "core" area. These core and peripheral parcels, will from time to time, be designated through "benefit zones." The Downtown National City PRII) anticipates two benefit zones, each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: The Downtown National City PBID Benefit Zones are created based upon the frequency and type of special benefit services that might be desired. For example, the core area near National City Boulevard and 8`h Street may need special benefit services six days per week, have large special events and be the focus of many promotional activities. These property owners would pay for those specific special benefit services based upon the anticipated benefit to be received. Benefit Zone Zone 1 (core area) Zone 2 (peripheral area) Boundaries National City Boulevard from 2nd to 12th Street Bra Street from the freeway bridge to A Avenue All other streets in the district not included in Benefit Zone 1 -TABLE 1 — FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES Special Benefit Service Public rights of way and sidewalk operations (PROWSO) District Identity and Streetscape Improvements (DISI) • Special Events • Holiday Decorations Administration/Corporate Operations Benefit Zone 1 Frequency 6 days per week Through programs Once per year Seasonally Benefit Zone 2 Frequency 4 days per week Through programs None None Monday — Friday 9 Monday Friday I PART IV ASSESSMENT METHODOLOGY '10 FUND SPECIAL BENEFITS BuDt:E'r: The first year annual budget is projected to be S240,722.01. Annual adjustments of up to a maximum of 5% over the previous year's gross assessment amount are allowable, subject to the approval of the Downtown National City Property Business Improvement District Management Corporation. TABLE 2 SPECIAL BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS PER BENEFIT ZONE PROWSO Personnel Estimated Costs TService PROWSO: • Sidewalk Sweeping; • Beautification • Decorations and banners • Enhanced trash receptacle emptying • Removal of bulky items • Reporting hazards to City; • Removal of bulky items; • Tree and shrub planting and maintenance • Maintenance of public order • Homeless intervention ESTIMATED PERSONNEL NEEDS* Estimated maintenance personnel costs Total Estimated Personnel Cost I Benefit Zone I 6 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed Y cost of Supervisor; ($ 23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) 1 maintenance worker, six days per week. 48 hours ($:30,720) $81,610 I0 Benefit 'lone 2 4 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed Yz cost of Supervisor; ($23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) $ 50,890 $ 132,500 IS *THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS FOR THE P.R.O.' V.S.O. PERSONNEL COSTS. TIIE ADMINISTERING CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE [HE SERVICES IN HOUSE. THESE COSTS ARE ONLY USED AS A REFERENCE, THE LINE ITEM IN THE BUDGET FOR TI11s P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00 ANNUALLY. The basis of determining personnel costs is derived from One Source, a nationwide company that provides employees for many building management companies, as well as BIDs. One Source's rates on labor include workers comp, payroll taxes, check disbursement, health benefits, vacation and sick time. Most importantly, these are contracted employees and therefore release the management corporation of payroll and personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6 in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00 per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay. We reiterate that this is simply a tool for calculating costs of maintenance personnel. The free market, and competitive bidding may produce higher and better results. It is the job of the management corporation to maximize the delivery of special benefit services to the property owners based upon various category and line items of services. The function of this crew is to deal with all services in the public rights of way, including but not limited to: sweeping, beautification, decorations, security, etc. TABLE 3 -- SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON-PEt(SONNEt. ANNIJAI. COSTS INCLUDING EQUIPMENT AND MATERIALS _PROWSO Equipment and Materials Truck lease, insurance —_— IJniforms Communications Supplies. Water Dumpster costs Nursery Items Small Equipment Miscellaneous Total Estimated Annual Equipment Costs Estimated Annual Cost _ $ 6,000 $ 1,000 $ 4,0011 $ 8,000 $ 1,000 $ 6,000 $ 8,000 $ 3,000 $ 3,500 $ 40,500 Again, these services may be provided by an outside contractor, however accommodations must be made for these costs whether done in-bouse of to an outside contractor. 1n addition, this budget does not assume any grants from public agencies or foundations that could underwrite the costs of equipment. Nor does it assume that the City would pay for landscaping water related costs or dumpster removal fees, both of which could be negotiated with the CDC. I Ila TABLE 4 - DISTRICT IDENTITY AND STREETSCAPE 1MPROVEMENTS SUGGESTED BUDGET ITEMS Program to be funded/Both Benefit Zones Special events (1 per year); Logo Creation (First Year only) Web site creation and maintenance Pedestrian kiosks/signage annually Total Estimated First Year Annual Costs Estimated First Year Annual Cost $ 5,000 $ 1,000 $ 4,000 $ 4,000 $ 14,000 TABLE 5 — ADMINISTRATION AND CORPORATE OPERATIONS SUGGESTED ALLOCATIONS Program to be Funded Staff (Community Advocacy, retail attraction, Corporate minutes, administration to Board) Insurance Estimated First Year Annual Cost Office rent PhonefFax E-mail Service Office supplies Office Equipment Utilities Total Estimated Annual Costs $ 26,000 $ 3,000 $ 6,000 $ 1,000 $ 800 $1,000 $ 2,000 $ 1,200 $ 41,000 TABLE 6 — SPECIAL BENEFIT SERVICES/CONTINGENCY — RESERVE ANTICIPATED NEED Program to be Funded County Costs (1.7% of total assessments) City costs ($500.00 per year) No -pays, (uncollected assessments) (?) Misc/Reserve (Balance of expenses) Total Estimated Annual Costs I Estimated First Year Cost $ 12, 772.01 TABLE 7 — TOTAL. FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Pro'ram First Year Allocation Public Rights of Way and $ 173,000.00 Sidewalk Operations — Personncl and Equipment for All Benefit Zones District Identity and $ 14,000.00 Streetscape Improvements Administrative/Corporate $ 41,000.00 Operations % of Total Budget 72 % Contingency/Reserve $ 12,722.01 "Total Estimated First Year Costs of Programs S 240, 722.01 METHOD OF FINANCING: Phis method of financing the special services is based upon the levy of assessments on real property that benefits frorn proposed improvements and activities. This represents a "benefit assessment district" as defined in the California Streets and Highway Code. Assessed valuation cannot be used as the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978_ There are at least four basic factors that will be used in determining individual assessments. These factors include 1) linear frontage, 2) land area and 3) building square footage, 4) building use. The assessments for the Downtown National City PBID are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. ,Linear frontage will be assessed on all sides of the parcel receiving benefit. PBID assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. They are then transferred directly to the Downtown National City PBID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. TABLE 8 - TOTAL CROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES Property Variables Lot Size Building Size Linear Feet Total in District 1 1,465,301 square feet 448,344 square feet 21744 linear feet There are 153 parcels and 96 legal owners currently in the database of the above mentioned property variables. There are about 34 square blocks in the district. 13 tR Apportionment of Costs to Property Variables used in the Assessment Methodology As is common practice, various property variables fund different special benefit services in the district. We have employed an assessment methodology that we believes supports the relationship between assessments paid and benefits received. The following programs and services must confer a special benefit to real property owners to be consistent with Article XIII (d) of the state constitution. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). TABLE 9 - DEFINITION OF BUILDING/LAND USES: Building Use Code A B D F G 1 Description of Use Retail space, hotels, ►hotels, visitor related Office and Commercial uses, Independent, free standing Larking stn►ctnres Ind u striaUManufacturing/Distribution Institutional (School, public, park Church, Tax-exempt properties Multi -unit housing, apartments (20 units or more) Multi -unit horsing, apartments (9 — 19 units) _ Multi -unit housing, apartments (2 --- 8 units) Single Family housing units (not to exceed $240 per year) Condo units, $ 240.00 flat fee per year 'The proposed apportionment of special benefits to the various property variables are as follows: 14 TABLE 10— APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES Program to be Funded Benefit Zone PROWSO: • Maintenance Personnel l ($81,610) • Maintenance Personnel • Non -personnel, equipment DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: • Special events (1 per year) • Logo creation • Web site creation/maintenance • Pedestrian kiosks/signage 2 ($50,890) 1, 2 ($40,500) 1 ($5,000) 1, 2 ($1,000) 1, 2 ($ 4,000) 1, 2 ($4,000) ADMINISTRATION AND CORPORATE OPERATIONS CONTINCE.NCY/RESERV E Apportioned to Variable '/ to all building square footage, '/: to all lot size in Benefit Zone 1 V2 to all building square footage, ''A to all lot size in Benefit Zone 2 Alt linear frontage, apportioned equally in both Benefit Zones Building square footage "a" only Building square footage a — c Building square footage a c Building square footage a -- d 1, 2 ($ 41,000) 1, 2 ($ 12,722.01) Apportioned equally to all lot size in both zones Apportioned equally to all lot size in both zones The assessment methodology annual costs are summed up in the following table: iti el es TABLE 11 — ANNIIAL COSTS PER SPECIAL BENEFTt' SERVICE AND BENEFIT ZONE Benefit Zone Lot Square foot annual costs 1 Benefit Zone2 Both $0.0841 Lot Square foot annual costs $0.0757 Building square foot annual costs a. $0.1886 b. $0.1696 c. $0.1696 d. $0.1577 e. $0.1485 f. $0.1485 g. $0.1485 Building square foot annual costs a. $0.1697 b. $0.1697 c. $0.1697 d. $0.1578 e $0.1485 f. $0.1485 g. $0.1485 Condos and Single family homes Linear frontage annual costs $1.8264 Linear frontage annual costs $1.8264 Contribution 10 total bud • et $146,095.30 Contribution to total budget $94,626.71 $ 240.00 per year per unit Approximately $146,095.30 (61 %) of the assessments will be generated from parcels within Benefit Zone 1. The balance, $94,626.71 (39"/.,) will be generated from Benefit Zone 2 parcels. CONDO FACTOR: It is unknown at this point how much future condos will contribute to the district. Since the condos are being built in mixed use or commercially zoned areas, they are not exempt from payment into the assessment district. The condo owners will derive and appreciate the special benefit services they will receive from the cleaning and beautification services in the district. Provisions will be made to avoid a property variable and unit assessment for condos. Once a parcel or parcel(s) have been converted to condos, the per unit fee will kick in, however that parcel will have its linear frontage, building square footage and lot size deleted as a variable to be assessed. For example, if a 5,000 square foot lot is converted from a parking lot to a 10 unit condo development, that parcel will be reassessed to capture the $2,400 condo assessments annually now generated from that parcel (10 x $240.00 per year). Simultaneously, the property variables of that parcel, will be eliminated from the overall PBII) database so the new condo owners are not doubly assessed for their property variables and condo units. Condos and residentially utilized single family residences wilt pay the same flat fee per year into the district. Condos will be fully assessed once they have been constructed and parcelized. Condos under construction shall pay $240, Icss a 50"/0 reduction until completed and parcelized. 16 21 TABLE 12 - DOWNTOWN NATIONAL CITY YB1D FIRST YEAR COSTS BY PROPERTY VARIABLE Lot Square Footage Building Square _Footage (range) Linear Frontage Single Family Home and Condo Annual Fee PROPERTY VARIABLE ANNUAL, COST ANNUAL COST BENEFIT ZONE I BENEFIT ZONE 2 $ 0.0841 per square $0.0757 per square foot per year foot per year $ 0.1485-50.1886 per 50.1485-50.1697 per square foot ppr year square foot per ear $1.8264 per linear $1.8264 per linear foot per year footper year $ 240.00 $240.00 'Total Annual — — Budget —. — — TOTAL GENERATED BY VARIABLE $118,053.09 (49%) $80,075.68 (33%) $39,713.24 (17%) $2,880.00 (1 %) $240,722.01 TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL. CITY PBID Property Variable Parcel or Lot Size Building Square Feet Linear Frontage Single Family Home and Condo Annual Fee Total Assessments, First Year — Both Zones Total Gross Variable, Both Benefit Zones 1,465,301 448,344 21,744 12 17 Amount Generated First Year _ $118,053.09 $80,075.68 $39,713.24 $2,880.00 $240,722.01 17 PART V RELEVANT ENABLING LEGISLATION, AB 1021 The relevant. enabling PBID legislation, which allows the property owners of Downtown National City to fund these special benefit services, is to be found in... • Section 36600 of the California Streets and Ilighway Code known as the Property Business Improvement District Law of 1994. (Amended in 2000, 2003) On July 20, 2001, Governor Gray Davis signed AB 1021, approving changes to the Property Business Improvement District Law of 1994, (Cal. Streets and Highway Code Sections 36600 et. Seq.) which changes several procedures involving PBIDs. The law became effective on January 1, 2002. The major change within the law is the establishment of an "Owner's Association." This Association will be a private, non-profit entity that will contract with the City to manage the PBiD. It will be subject to the Brown Act (Ca. Government Code Sections 54950 et seq.) and the California Public Records Act (Ca) Government Code Sections 6250 et seq.). However, the Association will nut be considered as a public entity for any other purpose. Similarly, any board members or staff will not be considered public officials. Under the amended law, all property owners who do not pay assessments will be subject to penalties for delinquent payments. The amended statute also provides provisions for renewal of the PBID. If the PBID is renewed after its first term (up to five years), the funds from the prior district may be used in the renewed district only for the benefit of the parcels within the boundaries of the prior district. if no parcels from the prior district are within the renewed district, the funds must be returned to the property owners. Also, upon renewal, a district may be renewed for up to ten years. These changes clarify issues regarding PBID operations and formation and the status of the non-profit organizations that manage PBIDs in the aftermath of the court ruling in Epstein vs. the Hollywood Entertainment District The Epstein decision classified non-profit organizations that managed PB1Ds as public entities for purposes of the Brown Act. The issue has been raised that if the organizations were public entities for the Brown Act, could they also be public entities for other acts, such as the Political Reform Act. The changes in the new legislation ensure that these PBID and BID Management Corporations are not considered public entities for any California law except the Ralph M. Brown Act and the Public Records Act. Proposition 218 (Article XIiI D of the state constitution) states in Section 4 (a): "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional benefit conferred on that parcel. Only special benefits are assessable, and an ?gen<y must separate the general benefits from the special benefits conferred on a parceL" I8 ti3 FORMATION: • District formation requires submittal of petitions front property owners representing at least 50% of the total assessment. The "Right to Vote on Taxes Act" (Proposition 218) requires that more than 50% of the ballots received, weighted by assessment, be in support of the District. • This petition support ensures that the rnail ballot procedure will be successful in the formation of the district. Once the necessary threshold of petitions have been collected, the management district plan will then be submitted to the City to begin processing the public hearing. With the adoption of an ordinance of intention, the City Council will authorize the City Clerk to send out the mail ballots to all affected property owners to determine their support for the establishment of the district. • When all is said and done, the first assessments should be collected with the annual property tax bill in December 2004 with the Management Corporation receiving its first installment payment in January 2005. DURATION: • Pursuant to State Law, the District will have a set term. The proposed district will have a five-year life commencing January 1, 2005. After five years, the petition process must he repeated for the District to be re-established. 19 2�l TIME LINE AS SPECIFIED BY LAW: The district must be established to take advantage of the County's tax assessment notification schedule. Mindful of that, all property related assessment districts must be established by the end of July in any calendar year, in order to have assessments levied on parcels for the upcoming fiscal year. In our case, the district must be established through an assessment ballot proceeding in late July 2004, in order to notify the County in time for the 2004-05 fiscal tax year. The first assessments would then appear on the property tax statements due in December 2004. In order to take advantage of this schedule, as well as to generate revenues in early 2005, the following time line has been adopted to ensure timely funding of special benefit programs: To work effectively, we must look at the completion date and work backwards: Date must be completed b July 21P, 2004 June 8's May IS June 7' April 30 Task to be com feted Public hearing/assessment balloting proceeding, ballots counted by weight Resolution of intent by City to establish the district Property owners representing 50% of the weight, based upon assessments to be levied, must sign petition endorsing the management district plan; Assessment engineer certifies plan as compliant with Pro i osition 218 April 20, 2004 Finalize management district plan including special benefit services to be provided, duration of district, boundaries, benefit zones, assessment methodology, administration, etc. Initiatepetition drive First rough draft Management District Plan submitted to PRID Steering Committee 20 PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND TIIE DURATION OF THE DISTRICT A. Assessment Methodology Property owners in Downtown National City have emphasized that an assessment formula for a PBID be fair, balanced and commensurate with special benefits received_ NEW Crry AMERICA has contracted with Ed Henning and Associates to come up with a plan that has been certified by a licensed engineer. In preparing the engineer's report for the Downtown National City PBID, the engineer concluded that the special benefit to each parcel was found to be proportional to the property variable and their apportionment. An Engineer's report for the PBID is provided in the Appendix. B. Time and Manner for Collecting Assessments: As provided by state law, the Downtown National City Property Business Improvernent District will appear as a separate line item on the annual property tax bills prepared by the San Diego County Tax Assessor. Property tax bills are generally distributed in the Fall and payment is expected by lump sum or in two installments. The County Assessor shall distribute the assessments to the City who will in turn then forward them to the designated Downtown National City PBID Management Corporation pursuant to the authorization of this plan. Existing laws for enforcement of property taxes apply to the Management District assessments. The assessments shall be collected at the same time and in the same manner as for any possessory interest tax paid to the County of San Diego. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the possessory interest tax. The "property owner" of the possessory interest shalt be any person as the owner/taxpayer on the last equalized possessory interest assessment roll or otherwise known to be the owner/taxpayer by the City Council. The City Council has no obligation to obtain other information as to the ownership of the interest, and its determination or ownership shall be final and conclusive for the purposes of this district. 21 4 f.. C. Publicly Owned Parcels and Government Assessments: The Downtown National City PBID Steering Committee assumes that the City of National City, The Community Development Commission, Southwestern College, the County, the Unified School District, the State of California and any other publicly owned parcels will pay assessments for the special benefits conferred upon government owned property within the boundaries of the PBID. Article XIII D of the California Constitution, (Proposition 218), explains the basis for assessing publicly owned parcels: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from Assessments unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. D. Annual Assessment Adjustment: The PBII) Management Corporation, will be granted the option of increasing the assessments annually based upon the Consumer Price Index of San Diego County or by a flat amount, not to exceed 5% per year. E. District Duration: Pursuant to State PBID Law, the Downtown National City PBII) will have a duration of five years, commencing on January I, 2005 and extending through December 3fst 2009. This is the maximum period allowable for a new PBID under state Legislation. Any continuation of the District after its five-year period will require compliance with all regulations and statutes in place at the time relative to the establishment of the new PRID. 22 27 PART Vii DISTRICT GOVERNANCE AND THE DOWNTOWN NATIONAI. CITY P.B.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PBID Management Corporation in the administration of the district. ❖ Conflict of Interest: Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include, but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring or selecting the relatives of Board members, etc. In addition, the Management Corporation shall aim to meet the following operational objectives for the district... Create and manage programs that best respond to the top priorities of district property owners; • Maximize coordination of the City government to ovoid duplication of services and to leverage resources; • Deliver services through a cost-effective, non -bureaucratic and easy to access organizational structure; • Provide accountability and responsiveness to those who pay through open access to Board meetings, elections to the Board and Board records. 23 tt APPENDIX A MAP OF THE DISTRICT 24 14 / • • 2.4 S-1 _ ,..._h(1wntown National city 1111.11) i ;.... Fienciit.?0n e / 0 _ .., sth st •,',.... --,-;-,-1 -2 ••• :..: so, St ,.... , • • ThSL - tu•• . - ' APPENDIX B I+IVE-YEAR PROJECTION OF THE ASSESSMENTS ASSUMING THE MAXIMUM ANNUAL INCREASE 25 Downtown National City P.B.I.D. FIVE YEAR PRO)ECTIOR OF ASSESSMENTS W TH 5% ANNUAL ADJUSTMENT Projected Budget 2005 5% 2006 5% 2007 5% 2008 5% 2009 Piolic Rights of Way and Slcewa k Operations 5173400.00 58,650.00 $181,650.00 69,082.50 $190,732.50 $9,536.63 $200,269.13 $10.013.46 $210,282.58 0lsrict'denti;y anc Streetscapelmprovements $14.000.00 $700.00 $14,700.00 S736.00 $15,435.00 5771.75 $16,206.75 5810.34 $17,017.09 Administrative/Corporate Ooeralans 541.000.00 52,050.00 543,050.00 $2,152.50 S45,202..60 S2,260.13 $47,462.63 52,373.13 549,835.76 Cor:Ingency/Reserve $12.722.01 5636.10 $13,358.11 $667.91 I 514,026.02 S701.30 $14,727.32 5736.37 515,463.68 -otal ( $240,722.01 $12,036.10 $252,758.11 512,637.91 I $265,396.02 $13,269.80 5278,665.82 S13,933.29 $292,599.11 APPENDIX C LIST OF PARCELS INCLUDED IN THE DISTRICT 26 33 NATIONAL CITY PBID PARCELS "I O 13E ASSESSED APN. Annual APN Annual APN Annual Assessment Assessment Assessment 555 030 01 00 $240.00 555 052 15 00 $2,361.54 555 114 03 00 $215.59 555 030 02 00 $427.32 555 053 17 00 $22,785.90 555 114 04 00 $220.14 555 030 03 00 $0.00 555 054 12 00 $6,377.83 555 114 05 00 $452.48 555 030 04 00 $0.00 555 081 09 00 $510.24 555 114 06 00 $652.46 555 030 05 00 $240.00 555 081 10 00 $267.23 555 114 07 00 $1,151.14 555 030 06 00 $0.00 555 081 14 00 $396.50 555 114 11 00 $330.42 555 030 07 00 $240.00 555 081-15 00 $216.88 555 114 12 00 $1,594.28 555 030 08 00 $1,358.46 555 081 16 00 $695.3/ 555 114 13 00 $1,569.62 555 030 09 00 $278.41 555 081 17 00 $1,992.94 556 101 01 00 $1,614.58 555 030 10 00 $339.52 555 082 01 00 $1,855.29 556 101 02 00 $1,815.33 555 030 11 00 $270.50 555 082 02 00 $244.19 556 101 1500 $5,492.84 555 030 12 00 $344.51 555 082 03 00 $527.88 556 101 16 00 $2,276.33 555 030 13 00 $282.92 555 082 04 00 $399.68 556 104 01 00 $2,485.63 555 030 14 00 $500 53 555 082 05 00 $1,137.98 556 104 02 00 $240.00 555 030 1 / 00 $1,089.50 555 082 06 00 $960.23 556 104 18 00 $1,820.45 5' 30 20 00 54,997 45 555 082 10 00 $1,533.33 556 210 25 00 $1,662.72 555 030 21 00 53,644.29 555 082 11 00 $4,097.40 556 210 26 00 $1,510.43 555 030 22 00 S6,609.58 555 083 21 00 $1,846.85 556 210 27 00 $1,077.40 555 041 01 00 $878.28 555 083 22 00 $5,094.43 556 212 01 00 $240.00 555 041 02 00 $472.48 555 083 23 00 $2,989.50 556 212 02 00 $240.00 555 041 03 00 $3,616.36 555 083 24 00 $5,751.78 556 212 03 00 S496.74 555 041 04 00 $1,063.44 555 085 01 00 $622.48 556 212 04 00 $276.94 555 041 05 00 $570.74 555 085 02 00 $240.00 556 212 05 00 $419.14 555 041 06 00 $571.49 555 085 03 00 $240.00 556 212 06 00 $563.61 555 041 07 00 $694.46 555 085 04 00 $464.11 556 212 07 00 $754.77 555 041 08 00 $511.82 555 085 05 00 52,797.35 556 331 03 00 $249.09 555 041 09 00 $51 1.82 555 085 06 00 $187.37 556 331 04 00 $505.91 555 041 10 00 $1,20628 555 085 07 00 $4,258.90 556 331 05 00 $1,181.45 555 042 10 00 $1,080.70 555 113 04 00 $808.87 556 331 14 00 $2,439.68 55'042 15 00 $3,104.82 555 113 05 00 $792.75 556 331 15 00 5926.31 555 042 1 / 00 $3,458.95 555 113 08 00 $1,269.33 556 331 20 00 $748.13 sr '42 18 00 5/,001.77 555 113 11 00 $2,084.78 556 331 21 00 $2,720.06 55o 052 04 00 5694.46 555 113 12 00 $1,569.72 556 331 22 00 $1,255.39 555 052 05 00 $649.75 555 113 13 00 $1,133.05 556 331 23 00 $566.21 555 052 06 00 54 / 1.60 555 114 01 00 $240.00 556 331 24 00 5715.80 555 052 14 00 52,453.40 555 114 02 00 $240.00 556 331 25 00 $3,133.35 a.a 556 332 20 00 556 332 21 00 556 332 22 00 556 332 23 00 556 332 24 00 556 333 15 00 556 333 17 00 556 333 18 00 556 334 19 00 556 334 20 00 556 334 21 00 556 334 22 00 556 471 03 00 556 471 04 00 5564711600 ",6 471 17 00 ,6 471 23 00 556 4/1 24 00 556 472 23 00 556 472 24 00 556 472 26 00 5564/22700 556 473 15 00 556 473 16 00 556 413 17 00 556 474 01 (X) 5564740200 556 474 21 00 556 493 01 00 556 493 04 00 556 493 05 00 556 553 01 00 556 553 02 00 i6 553 03 00 556 553 04 00 556 553 05 00 Annual Assessment $1,764.62 $535.59 $375.86 $253.70 $1,409.83 $2,626.38 $4,907.21 $522.19 $2,101.81 $282.35 $410.30 $452.14 $2,233.31 $575.76 $1,585.34 $2,691 26 $4,830.57 $3,673.51 $2,019.79 $527.74 $3,056.70 $265.95 $1,526.52 $792.75 $962.08 $1,610.56 $739.54 52,527.99 $1,290.96 $9:34.44 $240.00 $694.46 $35/.15 $409.23 $616.95 $1,592.79 NATION PARCELSAI T APN 556 553 09 00 556 553 12 00 556 553 13 00 556 554 16 00 556 554 17 00 556 554 18 00 556 554 19 00 556 554 20 00 556 554 21 00 AL CITY PBID () BE ASSESSED Annual Assessment $515.54 $567.57 $526.29 $4,415.42 $6,245.33 $1,195.18 $569.85 $1,205.03 $1,568.79 APN Annual Assessment 1,C APPENDIX .D ENGINEER'S REPORT 77 Edward Henning & Associates URBAN REVITALIZATION • FUNDING Downtown National City Property Business Improvement District CITY OF NATIONAL CITY - CALIFORNIA DISTRICT ASSESSMENT ENGINEER'S REPORT Prepared by Edward V Henning, California Registered Professional Engineer # 26549 Edward Henning & Associates Phelan California June 1, 2004 t 3o ttuttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 - mred2pa earthhnk.net ATTACHMENT NO. 3 'I Edward Henning & Associates URBAN REVITALIZATION • FUNDING DISTRICT ASSESSMENT ENGINEER'S REPORT To Whom It May Concern 1 hereby certify to due best of my professional knowledge and experience that each of the identified benefiting properties loafed within the proposed Downtown National City Property Business Improvement District will receive a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each respective property. eeieca/ Prepare by Edward V. Henning, California Registered Professional Engineer it 26549 Edward V. I RPE #26549 June 1,2004 Date (NOT VALID WITHOUT JMBOS`SF.D CERTIFICATIONSE4L AND SIGNATURE HERE) Introduction This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California Constitution (Proposition 218) to support the benefit property assessments proposed to be kvied within the Downtown National City Property Business Improvement District (Downtown National City PBID) in the City of National City, California being established for a five year period. The discussion and analysis contained within constitutes the inquired "nexus" of rationale between assessment amonnis levied and special benefits derived by properties within the Downtown National City PBID. NOTE 1: The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SB 919 - "Proposition 218 Omnibus Implementation Act" which clarified portions of Prop 218. It provides the Engineer and District Consultant with the ability to actually identify individual parcels which will benefit directly either in whole or in part from the proposed District funded programs and improvements and does not imply that all parcels receive assessable benefits . 1 i3.33o Buttemere Rd - Phelan CA 92371 • (760) 868-9963 • ((ax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Background The Downtown National City PBID is a property -based benefit assessment type district being established pursuant to Section 36600 et seq_ of the California Streets and Highways Code, also known as the Property and Business Improvement District Law of 1994 (the "Act"). Due to the benefit assexcment nature of assessments levied within a PBID, district program costs arc to be distributed amongst all identified benefiting properties based on the proportional amount of program benefit each property is expected to derive from the assessments collected Within the Act, frequent references are made to the concept of relative "benefit" received from PBID programs and activities versus amount of assessment paid. Only those properties expected to derive special benefits from PBID funded programs and activities may be assessed and only in an amount pmportional to the relative benefits expected to be received The method used to determine benefits derived by each identified property within a PBID begins with the selection of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the Downtown National City PBID, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or building size in square feet or number of building floors or proximity to major corridors in average linear feet, or any combination of these factors. Quantity takeoffs for each parcel are then measured or otherwise ascertained. From these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances such as unique geography, land uses, development constraints etc. are carefully reviewed relative to specific programs and improvements to be funded by the PBiD in order to determine any levels of diminished benefit which may apply on a parcel by parcel or categorical basis. Based on the factors described above such as geryiaphy and nature of programs and activities proposed, an assessment formula is developed which is derived from a singular or composite basic benefit unit factor or factors. Within the assessment formula, different factors may be assigned different "weights" or percentage of values. • Next, all program and activity costs, including incidental costs, district administration, ancillary programs, and volunteer and comped resource and material credits are estimated. It is noted, as stipulated in Proposition 218, and now required of all property based assessment districts, indirect and general benefits may not be incorporated into the assessment forniula and levied on the district properties; only direct or "special" benefits and costs may be considered. Indirect or general benefit costs must be calculated and factored out of the assessment cost basis to produce a "net" cost figure. In addition, Proposition 218 no longer exempts government owncxi property from paying bench assessments and these properties must be factored into the assessment roll if special benefit is determined to be conferred upon such properties. 2 13330 Butternere Rd • Phelan CA 9237i . (76o) 868-9963 • (fax) (76o) 868-6490 - mredzeearthlinnkriet Edward Henning & Associates URBAN REVITAL17..ATION • FUNDING From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of estimatai net program costs by the total number of benefit units_ The amount of assessment for each parcel can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or "spread" amongst all properties within the PBID. The method and basis of spreading program costs varies from one PBID to another based on local geographic conditions, types of programs and activities proposed, and size and development complexity of the district PBIDs may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived. Supplemental Proposition 218 Procedures and Requirements Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID. These requirements are in addition to requirements imposed by State and local assessment enabling laws. These requirements were "chaptered" into law as Article XIDD of the California Constitution and then further clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et sat of the California Government Code. Since Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first The key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of these provisions is delineated below. (Note: All section references below pertain to Article X1H of the California Constitution): Finding 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed" There are 153 "identified" individual parcels within the Downtown National City PBID which will all derive some level of special benefit from the proposal District programs and activities. These parcels are shown on the Boundary Map within the Management District Plan and are listed as an attachment to the Plan - identified by asses or parcel number and site address. Two benefit zones have been identified within the District which generally includes all properties along and surrounding the National City Boulevard corridor from 2nd to 12th and the 8t° Street corridor from the Irccway to A Avenue. 3 t3330 But temere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net 40 Edward Henning & Associates URBAN REVITALIZATION • FUNDING Findin>y 2. From Sections 4(a): "Separate the general benefits from the special benefits conferred on parcei(s). Only special benefits are assessable. " As stipulated by Prop 218, assessment district programs and activities confer a combination of general and special benefits to district properties, but the only program benefits which can be funded through assessments arc those attributed to special property related benefits. Thus, a portion of the program costs must be considered attributable to general benefits and assigned a value. Conventional assessment engineering experience has found that general benefits within a given district typically average 10% of the total adjusted costs with a 5% deviation. (Total adjusted costs include actual proposed PBID program costs plus any additional supplemental or matching progam costs as well as applied credits from sources such as start up grants, Board/Committee member service credits and specialized assessment reductions/adjustments.) There are three common methods for determining general and special benefit ratios within assessment districts: (1) The parcel by parcel allocation method (2) The program/activity line item allocation method, and (3) The composite district overlay determinant method. The vast majority of PBIDs in California have used Method #3, the composite district overlay determinant method which will be used for the Downtown National City PBID. Using empirical data from other PBtDs, a focused range for general benefits from 5-15% is used Based on a composite of district criteria soch as the shape of the Downtown National City PBID, the existence of two benefit zones, a three-four element assessment formula, the proximity all of district properties to the applicable program benefit zones, and the nature of the proposed programs and activities, a specific "overlay" value of 5% is assigned to the general benefit portion of the total adjusted costs. This leaves a value of 95% assigned to special benefit related costs. Since the total program cost is estimated at S265,572.01 (see Table 1 later in this Report), the maximum special benefit portion which can be recouped through property assessments, is $252,293.41_ Remaining costs which are attributed to general benefits, will aced to be derived from other sources_ (e.g. public/private matching grants, startup grants, startup volunteer credits or ongoing boanl member volunteer credits). 4 1 333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net A, Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 3, From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of the. —......cost of public improvement(s) or the maintenance and operation expenses. or the cost of the property related service being provided The proportionate special benefit cost for each parcel is listed in an attachment to the Management District Plan. The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity costs) were computed by dividing the individual parcel assessment by the total program costs. Finding 4. From Section 4(a): "No assessment....... shall exceed the reasonable coat of the proportional special benefit conferred on pared(%)." Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which would be possible through the Downtown National City PBID, they are also considerably less than other options considered by groups like the Downtown National City PBID Formation Committee. Finding 5. From Section 4(a): "Parcels. -.....that are owned or used by any (public) agency shall not be exempt from assessment." Parcels within the District that are owned by public agencies (i.e. City of National City, the Community Development Commission, Southwestern College etc) will also be assessed and at raids equivalent to private sector owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned parcels and any increased values and benefits derived from PBID programs and services would be similar for either public or privately owned panels, with or without improvements. Just as the oasts and effects of blight are shared by both public and private properties, so are the rewards of clean and safe as well as district promotions and marketing programs. Since there is no compelling finding or evidence that such properties world receive less direct benefit from the proposed PBID programs and services than surrounding private parcels, the same assessment rates would be levied. Finding 6. From Section 4(b): "AA assessments must be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California". This report shall serve as the "detailed engineer's report" to support the benefit property assessments proposed to be levied within the Downtown National City PBID. S t3.33o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Findint 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be cak dated (along with) the total amount thereof chargeable to the entire district, the duration of such payments, the reason for such asses went and the basis upon which the amount of the proposed assessment was calculated" The individual and total parcel assessments attributable to special property benefits are shown on an attachment to the Management District Plan. The district and resultant assessmem payments will continue for five years and may be renewed again at that time. The reasons (purposes) for the proposed assessments are outlined in the Management District Plan. The calculation basis of the proposed assessment for the MID is attributed in part to the specific amount of property size, building size and street frontage. Special Benefit and Assessment Analysis Step 1. Select "Basic Benefit Unit(s)" PBID assessment formulas typically are based on either property street frontage or parcel and building size or location, all which can affect the amount of benefit conferred on a particular parcel and the proportionate assessment to be paid. The formula may base assessments on a single factor or a combination of factors. Based on the nature of the program activities to be funded by the Downtown National City PBID, which relate to the proportionate amount of real estate (i.e. land) held in ownership, development intensity (i.e. building area) and property street frontage as well as land use, it has been determined that the assessments for the PBID will be based proportionately on a combination of parcel size, building size, land use and street frontage. In addition a flat rate will be applied to single family residential (SFR) and residential condo units located on non -residentially zoned land. The "Basic Benefit Unit" will be expressed as a function of land squatc footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units - fitnber refined by land use) and linear feet of property frontage (Basic Benefit "C" Units). Based on the shape of the Downtown National City PBID, as well as the nature of the District program elements, it is determined that two benefit zones exist in which identified properties will gain a direct, albeit, proportionate degree of benefit based on the respective amount el pare el size, balding size, land use and street frontage. St p 2. Quantify Totat Basic Benefit Units Taking into account ail identified benefiting properties, there are 1,465,301 square feet of assessable parcel land area within the District, 448,344 square feet of assessable building area and 21,744 linear feet of property street frontage. In addition, there are 12 assessable single family/condo units. Since the sek:cicd Basic Benefit Unit is based on a 6 13330 Buttemerc Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868- 6490 • mred2@cartldink.net 14 1, Edward Henning & Associates URBAN REVITALIZATION • FUNDING combination of parcel area, building area and street frontage, these are, in turn, corresponding amounts of Basic Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for land, 33% for building area, 17% for street frontage and 1% for SFR and condo flat rates. Frnther, the targeted weighted revenues for each Benefit Zone were 60% for Zone 1 and 40% for Zone 2. The final adjusted weights are 61% for Zone 1 and 39%. for Zone 2. Step 3. Cakalate Benefit Unita for Each Property. The number of Benefit Units for each identified benefiting parcel within the Downtown National City PBID was computed from data extracted from City of National City, San Diego County and third party real estate data services property and land use records. These data sources delineate current land uses, property areas and dimensions of record for each tax parcel and are listed as an attachment to the Management District Plan While it is understood that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision maps or building records, it does provide an acceptable basis for the purpace of calculating property based assessments. All respective property data being used for assessment computations has been provided to each property owner in the PBID for their review_ AU known or reported discrepancies or errors have been con-ected. Step 4. Determine Assessment Formnla Fora District with a single Bask Benefit Unit with one Benefit Zone, the assessment formula would be the same for each identified benefiting property as follows: Number of Basic Benefit Units x Basic Unit Cost = PBID Assessment The Downtown National City PBID assessment is to be based on three Basic Benefit Unit factors; land square footage (Basic Benefit "A" Units), (wilding area (Basic Benefit "B" Units) and linear feet of property frontage (Basic Benefit "C" Units). It has been determined that the assessment should be based partially on parcel size, building size and street frontage as follows: Zone 1: Assessment = [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)] + [(No. of 1lencfrl "B-1" Units x Basic "R-t" lint Cost)] + [(No. of Benefit "C-I" Units x Basic "C-I" Unit Cost)] Zone 2. Asscsionent = [(No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)] + ](No. of Benefit "B-2" Units x Basic "B-2" Unit Cost)] + f(No. of Benefit "C-2" Units x Basic "C-2" Unit Cost)) 7 1333o Buttemere Rd • Phelan CA 92371 - (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net L LA Edward Henning & Associates URBAN REVITALIZATION • FUNDING Note A: Benefit "B" Unit Costs vary based on land use as shown in Table 3 later in this report. Note B: Assessments for single family residential and residential condos are based on a flat fee per unit as shown in Table 3. Sten 5. Estimate Total Program and Activity Costs Total estimated proposed program and activity posts arc shown below in Table 1. These costs include expenses for general as well as special benefits and related programs/activities. TABLE 1 Estimated Total Year 1 Program & Activity Costs (Special+General Benefits) Program/Activity I Year 1 ok f-- — 1 I public Rights of Way & Sidewalk Operations L S173,000.00 65.14% t L District Identity/Streetscape Improvements I- 514,000.00 1 5.27% 1 1 Administration/Corporate Operations f 541,000.00 ' 15.44% Contingency/Reserve I S12,722.01 ! 4.79% i Misc Costs (Credits) $24,850.00 j 9.36% L. Total _ _ -_ 1 1265,572.01 j 100.00%J Step 6. Separate General Benefits from Special Benefits and Related Costs (Prop 218) Total program and activity casts are estimated at S265,572.01 (see Table 1 above). General benefits are factored at 5% of total (see Finding 2 on page 4 of this report) with special benefits set at 95%, Prop 218 limits the levy of property assessments to costs attributed to special benefits only. The 5% general benefit oust is computed to be $13,278.60 with a resultant 95% special benefit limit computed at $252,293.41. This is the maximum amount of revenue that can be derived from property assessments from the subiect PBID. The total amount of revenue proposed to be derived from PBID assessments is $240,722.01 for Year 1, which is less than the special benefit limit of $252,793.41. 'Therefore, no Prop 218 adjustments need to be made to the proposed assessment formula. All program costs associated with general benefits will be derived from sources or credits other than PBID assessments as shown below m Table 2. 8 t3:3:30 Buttemere Rd - Phelan CA 92371 • (7f o) 868 -9963 • (fax) (76o) 86/3-6490 - mred2@earthlink.net 4e Edward Henning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Adjusted Year 1 Revenue (For Special + General Benefit Pttrams/Aclivities) r— Funding Source t Subtotal Revenue ^r's PBlD Assessments i S240,722.01 ff 90.64% PBID Formation Pro -rated Credit/Year (f35,000 base) i _ Y7,000.00 � 2.64% _, PBID Formation Pro -Rated Volunteer Credit/Year (50% base) $3,500.00 1.32% Annual Board/Volunteer Credit (35% base Admin) ( $14,350.00 5.40% ` I 1 TOTAL ADJUSTED REVENUE - 3265,572.01 1 100.00% Step 7. Calculate "Basic Unit Cost" (Special Benefits Only) With a Year 1 budget of $240,720.01 (special benefit only), the Basic Unit Costs ("A' "B" and "C") from the Management Plan are - Basic Unit "A" Cost TABLE 3 Land Use Description All except SFR and condos "B-a" Cost "B-b" Cost "B-c" Cost "B-d" Cost "B-e" Cost Benefit Zone 1 Benefit Lone 2 Retail, hotels, motels, visitor Office, commercial, pkg strut. $0.0841/sf SO.1886/sf $0.0757/sf $0.1696/sf S0.1697/sf Industrial manufacturing $0.1696/sf Institutional, government etc Residential 20+ units 50.1577/sf "13-r Cost "B-g Cost "B-h" Cost "B-i" Cost Residential 9-19 units Residential 2-8 units Single family residential Residential Condo $0.1485/sf SO.1485/sf "C" Cost All except SFR and condos 30.1485/sf $0.1697/sf $0.1697/sf $0.1578/sf $0.1485/sf $0.1485/sf 30.1485/sf $240 flat rate $240 flat rate $1.8264/LF $240 flat rate $240 flat rate $1.8264/LF Since the PBID is planned for a five year term, maximum assessments for future years (Years 2 through 5) must be set at the inception of the PBID. A maximum annual flat rate increase of 5% may be imposed each year, subject to approval by the PBID Board. 9 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868- 6490 • mred2@earthlink.net NIB Edward Henning & Associates URBAN REVITALIZATION • FUNDING Step S. Spread the Assessments The resultant assessment spread calculations for each parcel within the PBID are shown in an attachment to the District Management Plan and were determined by applying the District assessment formula to each identified benefiting property. This list of all identified benefiting parcels in the PBID delineates each parcel and benefit units for property street frontage and parcel aria. 10 r3330 Buttemerr Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthhnk_net �1 Edward I terming & Associates URBAN REVITALIZATION • FUNDING EDWARD HENNING & ASSOCIATES Edward Henning and Associates is a multi -disciplined consulting firm offering a diverse range of community development and funding services focusing on downtown business districts and the unique problems and opportunities associated with center city areas. Types of services provided • Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates • Prop 218 Assessment Engineering Analyses and Reports (Licensed Engineer) • Downtown Revitalization Plans/Redevelopment Planning and Implementation - Establish/Administer/Field Supervision for Rehabilitation Pivg,ams and Projects • Architectural Design Guidelines/ Sign Ordinances Partial list of agencies and clients represented • Town of Apple Valley • City of Berkeley • City of Buena Park • City of Culver City - City of Huntington Park - City of Huntington Beach • City of Los Angeles - Gateway to LAX - Historic Downtown Core - I lollywood District - Melrose/Fairfax 1 archniont - Los Feliz - San Fernando Valley (6 areas) - San Vicente - Wilshire Center • City of Monterey Park • City of Napa • City of Newport Beach • City of Ontario (Downtown) • City of Oxnard • City of Pasadena • Placer County (Tahoe City) • City of San Francisco (Union Square) • City of Vacaville • City of Whittier • City of Yucaipa PBID Formation (Village) BID Formation (Downtown) BID Formation Analysis (Auto Row & Entertaimnent Corridor) BID Formation (Downtown) BID Formation (Pacific Blvd) BID Formation (Auto Row District) PBID Formation & Renewal (Pmp 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation & Renewal BID Formation PBID Formation (Prop 218 Compliance) Private Sector PBID Formation 1lybrid BID/PBED Formation BID Modification (Downtown) PBID Formation (Downtown) BID Advising BID Modification PBID Formation (Downtown) PBID Formation (Playhouse District) Citywide Tourist Improvement District (I1D) PBID Formation (Dowrdowu) PBID Formation (Prop 218 Compliance) BID Formation (Downtown) Citywide Tourist Improvement District Evaluation (f1D) BID Modification (Uptown) PBID Formation & Renewal(Uptown) 11 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • nired2@earthlink.net DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT PARCELS TO BE ASSESSED 2008 APN ANNUAL ASSESSMENT APN ANNUAL ASSESSMENT APN ANNUAL ASSESSMENT APN ANNUAL ASSESSMENT AP ANNUAL 555-03C-01-00 555-030.02-CO 555.33C-03-GO 555-030-04-CD 5240.00 $427.32 $0.00 50.30 555.042-18-30 555-052-04-30 555-052-05-00 555-052-06-00 $7,001 77 $594 46 $649.75 547'.60 555-085-06-CO 555.085-07-00 555.113-04-00 555-'13-05-00 E187.37 $4.258.93 5808 87 5792.75 555-212.04-60 556-212-05-C3 556-212-05-03 556-212-07-CO $276.94 5419.14 $563 61 S754.77 556.47'-2340 556-471-2440 556-472-23-00 556-472-24-00 54 830.57 $3.673.51 52 019.79 5527 74 555-030-05-C3 5240.0C 555-052-'4-0C 52,453.40 555-' 13-G8-00 51,269 33 556-331-C3-CO 5249.39 556.472-26.001 53.05570 555.030-C640 $0.0C 555-052-'5-0C 52.36'.54 555-113.1'-30 52,084 78 556-331-04-30 5505.91 556-472-27-00 S265.95 555-030-0740 5240.00 555-053-17-0C 522,785.90 555-113-12-00 S',569.72 556-331-05-00 51,18'.45 556-473-'5-00 S',526.52 555.030.09-00 51.35846 555-054-12-0C $6,377.82 555.113-13-00 51.133.35 556-331-14-00 $2 439.68 556.473-16-00 5792.75 555.033-C9.00 5278.41 555-081-09-0C $510.24 555-114-01.00 5240.30 556-331-15-00 $926.31 556.473-17-00 S962.08 555-033-10-00 $339.52 555.081-16-03 $267.23 555-114-02-00 S240.00 556.331.2040 $748.13 556.47441-00 $1,610.56 555-033-11-30 $270.5C 555-081-14-00 $396.50 555.114.33.0C $215.59 556331-21.00 82,720.0E 556-474-02-00 3739.54 555-030-12-30 $344.51 555-081-15-03 $2'6.88 555-114.04-06 $220.14 556-33'-22-00 $1,255.39 556-474-21-00 $2,527.99 555-030-13-30 5232.92 555-081-15-00 $695.37 555-114-05-00 $452.46 556-331-23.0C $556.21 555-493-01-00 81,290.9E 555-030-'4-00 5500.53 555.081.17-00 $1,992.94 555-114.06-OC 3652.46 556-331-24-00 $715.80 555.493-04-00 5934.44 555.030.17.00 51.039.50 555-032-01-00 31.655.29 555-114.37-0C $1.151.14 556-331-25-00 $3.133.35 555.493-05-63 $240.0C 555-030-20.00 $4 997.45 555-082-02-CO 5244.19 555-114.11.0C $330.42 556-332-20-00 $1 764.62 555.553-01-00 $694,46 555-030.21-0C $3 644.29 555-082-03-03 $527.88 555-114-12.03 $1.594.28 556-332-21-00 $535.59 555-553-02-00 $357.75 555-C30.22.0C 56.609.58 555.082-04-CO $399.68 555-1'4_13-03 $1.569.62 555 432.22-0C $375.86 555-553-03-09 5409.23 555.041.01-00 E878 28 555.082-05-CO 51 137.95 555-101-01-03 $1 6'4.58 556.332.23-00 5253 70 556.55344.CO $616.65 555.041-02-00 $472 48 555-082.06-00 596C.23 556-101-02-CD 51 8'5.33 556-332-24-00 $1 409.83 556.553-05-CO 51 592.79 555-041-03-00 53 6616 36 555-082-13-00 $1.533 33 556-101-15.00 55 492.84 556-333-15-03 $2 526.38 556-553.14-00 $1.324 56 555-041.04-0C 51 063 44 555-082-11-00 E4 097 40 556-101-16-03 $2.276.33 565-333-17-00 $4.907.21 556-553-15-00 5284.84 555-041-05-0C 557C 74 555-083-2'-001 $1.846.85 555-104-01-03 $2 485.63 555-333-18-00 5522 19 556.554-16-00 $4 415.42 555.041-06-00 5571.49 555-083-22-00' $5.094 43 555-104-02-63 E240 03 556-334-19-63 $2,101 81 556-554-17-00 $6 245.33 555-041-07-0C 5594 46 555-083-23-00' $2.989.50 556.104-18-CO 51 820 45 556.334-2C-00 5282.35 556-554-18.00 $1.'95 18 555-041.08-0C 5511 82 555.383-24-001 55,751 78 556.21C-25-CO 5' 662.72 556-334-21.00 5410 30 556-554-'9-00 5569 85 555-041.09-00 5511 52 555.085.01.00 5522.48 556.210-25-00 $1.510.43 556-334-22-CO 5452.14 556-554-20.00 51.2C5.03 555-341-10-00 51,205.28 555-085-02-00 $240.00 556-210-27-00 51,07740 556-471-03-00I $2,233.31 556-554-21-00 $1,568.79 555-042.10-00 S',080.70 555-085-03-00 $240.00 556.21241-00 5243 00 556-471-04-00 $575.76 555-042-15-03 $3,104.82 555-085-04-00 $464.11 556.212-02-00 5240.00 556-471-16-30 51,585.34 555-042-17-CO $3458.95 555.085-05.00 $2,797.35 556-212-03-30 5496.74 556.471-17-00 52.691.26 $38,604.63 37 7.677.89 539.743.35 539,183.49 $45,479.28 S240,688.64 $0.0C 515,682.56 $0.0C 52.839.07 $3,056.7C S21.548,33 538,604 63 $81,995.33 S39.743.35 536 374.42 S42.422.58 5219,140,31 NOTE: Items highlighted are owned by Public Agencies and should not be assess through the County Assessor's Office; they should be bill directly by the Flnance Department of the City of National City. Total Assessments Total Public Parcels Total Assessments less Public F ATTACHMENT 4 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE July I.2008 15 AGENDA ITEM NO. ITEM TITLE Public Hearing of the City of National City regarding Levy of Self- Assessments for Maintenance Costs associated with Landscape Maintenance District No. 1 — (Mile of Cars). PREPARED BY nn,,�,� DEPARTMENT Jacqueline Reynoso (ext. 4293) V'-' Economic Development Community Development Coordinator Strategic Action 4d EXPLANATION The City of National City shall conduct a public hearing for the levy and collection of assessments associated with Landscape Maintenance District No. 1 Mile of Cars ("Maintenance District"). Attachment I of this report provides the Order of Procedure for the public hearing. Maintenance and operation costs for fiscal year 2008-2009 of the Maintenance District are estimated at $130,700. Property assessments (fees) range from $443.94 to $8,750.00 depending on property frontage and benefit. The Maintenance District has the option to increase the total assessment by 10% for subsequent years. 1 he District Board has reported that a $9,500 (7.8%) increase from last year in the total assessment is expected for fiscal year 2008-2009. Environmental Review CEQA is not applicable Financial Statement Total property assessments for fiscal year 2008-2009 of the District are estimated at S130,700. . STAFF RECOMMENDATION City Council open the Public Ilearing for the Levy of Assessments associated with landscape Maintenance District No. 1 — Mile of Cars. ATTACHMENTS I.Background Report . 2. Public Hearing Notice 3.1 Engineer's Report 4. Assessment Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT Order of Procedure: The following sets forth the Order of Procedure for the public hearing to consider the levy and collection of assessments for Landscape Maintenance District No. 1 - Mile of Cars ("Maintenance District"). 1. The Mayor shall announce that the Public Hearing is to consider the levy and collection of assessments for the maintenance costs associated with the Maintenance District. 2. The City Clerk shall make a statement that a public notice has been given in the manner and form as required by law. A Certificate of Compliance is on file and available for public inspection at the Office of the City Clerk. 3. The Community Development Director shall provide an oral report that will describe the purpose of the Maintenance District, its boundaries, the proposed assessments upon assessable lots, and a general overview of the Engineer's Report. The oral report shall also include a number of protests received (% of assessed area) and shall announce that copies have been delivered to each member of the legislative body. 4. The Mayor shall require each speaker to identif} themselves (including their site address), and provide their comments in the following order: a. Firstly, individuals in opposition to the maintenance work to be completed; and (b) assessment methodology; and b. Secondly, individuals in tavor of the assessment proceedings. 5. City Council shall provide discussion regarding the assessment proceedings, if necessary. 6. The Mayor shall close the public hearing and the City Council shall consider taking action on the item. ATTACHMENT 1 NOTICE OF A PUBLIC HEARING OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY ANI) COLLECTION OF ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 — MILE OF CARS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON The City Council of the City of National City, has previously formed a special maintenance district pursuant to the "Landscaping and Lighting Act of 1972," as set tbrth in Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"). The special maintenance district is designated as Landscape Maintenance District No. 1 - Mile of Cars ("Maintenance District"). It is the intention of the City Council to conduct proceedings to provide for the levy of assessments for the upcoming fiscal year to provide for the annual costs for maintenance and/or servicing of improvements within the Maintenance District. An Engineer's Report ("Report") has been prepared for the Maintenance District, as required by the 1972 Act and Article XIIID of the Constitution (Article XIIID). The Report is available for public inspection in the Office of the City Clerk. Reference is made to said Report for a description of the improvements to be maintained, the boundaries of the Maintenance District, and the proposed assessments upon assessable lots within the Maintenance District. NOTICE IS THEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing alter the hour of 6:00 p.m., on Tuesday, July 1, 200R, in the City Council Chambers, located at 1243 National City Boulevard, National City, CA. The City Council will consider all oral statements and all written protests or communications made or filed by any interested persons regarding the annual levy and collection of assessments for Landscape Maintenance District No. I Mile of Cars. Michael R. Dalla, City Clerk ATTACHMENT 2 Si gnOnSianDiago.com ry Th. aw1Mn-1A11.JNN 8!t on it. GaltSan Bier.localnews nian r bune� eenlace sdm etpIace Account Number: 1055816 Customer: DBA: COMM.DEV.COMM.SEC-ORENT ASST CITY OF NATIONAL CITY 401 MILES OF CARS WAY STE.380 NATIONAL C'TY, CA 91950 Telephone: (619) 336-4254 Fax: (619) 477-3747 EMail: JREYNOSO@NATIONALCITYCA.GOV Order Confirmation Ad Number: 0010057765 PO Number: MILE OF CARS Date Ordered: 06/18/2008 Orderer. JACQUELINE REYNOSO Order Status: Live Queue: Ready Sales Rep: GWEN WATSON Telephone: (619) 293-1460 EMail: GWEN.WATSON@UNIONTRIB.COM Total Amount: $368.00 Payment Method: Paymert Amount: 30.00 Amount Due: $368.00 Product SignOnSanDiego Unlon-Tribune Zone Full Run Full Run Placement Legal Legal Position Lega!s Legals Start Date 6/20/2008 6/20/2008 End Date 6/2012008 6/20/2008 Insertions 1 1 Ad Content NOTICE OF A PUBLIC HEARING OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 MILE OF CARS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON The City Council of the City of National City, has previously formed a special maintenance district pursuant to the Landscaping and Lighting Act of 1972," as set forth In Division 15, Part 2 of the Streets and Highways Code of the State of California (the 1972 Act). The special maintenance district is designated as NOTICEOFA NAM t A*UNGWTHE CRY OF NATIONAL CRY DICI AR KG In INTENTION To PROVIDE FOR AN A1MWAL LEVY AND'COU,DCIION OF ASSESSAWO FOR Printed: 6/18/2008 9:34 am 350 CAMINO DE LA REINA, P,O. BOX 120101, SAN DIDOO, CALIFORNIA 02112 0101 TELEPHC.V :-200-3131 Page 1 of 3 SignOnSionniego.com rV TMa UNION T1w.Ute.11 get on �t- Ad Order. 0010057765 1.111fU111.,elri MAAf11NA/Kl POR k l'00 The C*W 4 1 .11 offlnt ora, I OrmCe �- 'a tfrfps as I O1 Ca ffera^l 1a Mar AGM. *Pa mx of Maln R. fagnlr d It*Ofoo a► M4W 0I CMt"f'MaA1�N- f,0aC4 D11MCr1, 11 b f to Inlenllan of the a.weV le' fir;far year *vparnIno 1 oeetv1Mk annual coifs Adtfoe'r' • Idt esOf arn. ttononc•Dlslrlei.. M0i° An 0 NMrh RtoOrf Dana tuq Mole« intl`X IIC of m: rf 'WWI R1Ara- 4 a«lue sl e of I1.CDy rk, oato Refer - OW Re- gan n Mile "10 ariatwc Of r0�led�n1nimnea��({l1peipnsbourslo•* DI__ 11,10,1ea11a. 1d*10ne* - cooawMlal at IOW • I. MaInMaonce DIRk4 g NOTKDIVER Thor 1IE*C4RtyCltoY IS �el e Nstfo re ti, 411 hold m.. �'1r7°e"e"DIOR In Ow Car CS• TVolcloye vofPM.. well Chamf1bers,, located of larara 1 Yaw € Ca 7M C IY COMKKll wl Canfleor all oral strearA ise,Kl as arts. n�°Cao*0*4MMmods ssI, or NIsla. DV OW Intleatteol oar. .474 arOeOsfa°Aan 0/%CI11 nls Loed000ao MOIMO- nana0 Dletrkl No. 1 - JAW o1Cors. Printed: 6/18/2008 9:34 am the 1 ►igto Local.news uniou4 rTbune enlace_ sdmgrketpIace Order Confirmation 350 CAIr1INO DE LA REINA, P.O. BOX 120191. SAN Dff,OO. CALIFORNIA 9211.24M fr. TELJ PULONE 018-295-3131 Page 2 of 3 THIRTEENTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MIIk: OF CARS) City of National City, California (Pursuant to the Landscaping and Lighting Act of 1972) In 1995. the City Council of the City of National City, California, adopted a Resolution ordering the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping and 1 ighting Act of 1972", being Division 12, Part 2 of the Streets arid' lighways Code of the State of California, commencing with Section 22500 (the "Act"), for purposes of authorizing the levy of special assessments for certain maintenance work in a special assessment district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "District"). An Engineer's Rclxrrt dated February 15, 1995, was prepared and submitted as ordered by the legislative body. Following the date of the Engineer's Report certain changes were made t.o the project. Such cluutges were described in the First Amended Engineer's Report dated August 1, 1996 and in the Second Autcnded Engineer's Report dated July 31, 1997. Since that time, the budget and assessment schedule have bccn reviewed, and an Amended Engineer's Report has been prepared each year. The most recent Engineer's report was the Twelfth Amended Engineer's Report dated June 7, 2007. Based on an analysis of expenditures, adjustments are now necessary to the cost estimates and assessment schedule. This "Thirteenth Amended Engineer's Report", is prepared and submitted in tour parts, consisting of the following: Part 1. Plans and Specifications. The plans and specifications describe the general nature, location and extent of the proposed improvements to be maintained and the maintenance to he performed. The plans and specifications are unchanged from the Twelfth Amended Engineer's Rclxrrt. Part 11. Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal vcar, including appropriate incidental expenses. The cost estimate is based on actual as well as anticipated future expenditures. Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries of the District, as well as setting forth each individual lot or parcel. Each parcel is identified by a distinctive number or letter and the -lines and dimensions of each lot conform to those as shown on the latest County Assessor's crap. The Assessment Diagram is unchanged from the Twelfth Amended Engineer's Report.. Part IV. Assessment Schedule. The assessment schedule sets forth the net amount to be assessed upoti all parcels and lauds within the District, describing each lot or parcel by reference t.o a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above -referenced diagram. All lots and parcels of land known as public property, as defined under Section 22.663 of the Act, have been omitted and are exempt from any assessment under these proceedings. This report is applicable for the maintenance of improvements within the district for the fiscal year commencing July 1, 2008 and ending June 30, 2009. Dated: June 3, 2(X)8 Nasland Engineering ATTACHMENT 3 Assessment Engineer City of National City State of California _11 64I" si•71-of/ j/ PART I Plans and Specifications 'llie plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications show the general nature, location and extent of the proposed improvements to he maintained and the maintenance to he performed. A general description of the works of improvement to be maintained under these proceedings arc described as follows: Median Improvements: • Landscape planting and irrigation • Colored concrete hardscapc • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between l8th Street and 33rd Street. • IAndscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street tirnritn e A general description of the maintenance to be performed on such improvements is described as follows: ( ieneral Plant Maintenance • Mowing, trimming, pruning and weeding, • Watering, including water usage Fertilizing • Plant replacement • Periodic skinning of paler trees Maintenance of Irrigation System Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles S. Periodic repainting and repair of light poles. graphic panels, signage and other miscellaneous equipment Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of drunage caused by vandalism and/or traffic accidents 7 PART II Cost Estimate for M FY 2008 - 2009 'l.'he estimated total costs for maintenance of the improvements are those as hereinafter set forth below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit Median Frontage Improvements Improvements Cost of Annual Maintenance $71,216.67 $57,083.33 Incidentals: A. Administration 300.00 300.00 B. Advertising 200.(X) 200.00 C. Legal Fees 100.00 100.(0 1). Engineering _ 700.00 500.(X) Total Incidentals I ,3(X).00 1,100.00 Total Estimated Annual Cost 72,516.67 58,183.33 Surplus or Deficit WOO 00.00 NET ANNUAL ASSESSMENT $72,516.67 $58,183.33 PART 11T Assessment Diagram The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identities each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A copy of the Assessment Diagram is attached hereto, referenced and incog.x)rated. PART 1\' Assessment Schedule 1. an authorized representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance (Exhibit B) $71,216.67 $57,083.33 Incidental Expenses 1,300.00 1,100.00 Total Costs 72,516.67 58,183.33 Surplus/Delicil 0.00 0.00 Balance to Assessment 72,516.67 58,183.33 I do hereby' assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they' appear on the attached assessment I)iagra►u and the County Assessment Roll. The Assessment Schedule refers to the County Assessor's Maps for a description of the lots or parcels, and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the improvements to he maintained. For a more specific statement as to the methcxl and formula for the spread of the assessments, reference is made to the following list of annual assessments, and for particulars as to the formula for the allocation of the costs, reference is made to the Method and Formula of Assessment Spread atlachcd hereto as I;xhihit "A". 10 The assessments are those as confirmed in Column I, unless a different figure appears in Column 11. as modified. I II Assesment Assessor's Parcel Amount of Assessment Number Number Assessment as Confirmed 1 560-210 01 $ 1,849.76 2 560 210-04 2,441.69 3 560 210-42 413.94 4 560-210-4 1 739.91 5 560 210-40 3122.40 6 560 261-08 3,995.19 7 560-271-14 1405.82 8 560-271-07 1. ,109.86 9 560-271-09 739.91 10 560-271-15 1,479.81 11 560-330-03 8,745.69 12 562-021-01 1,479.81 13 562-021-07 2.167.70 14 562-031 14 2,367.70 15 562-031-13 1,627.79 16 562-090-06 3,995.49 17 562-100 14 1,997.75 18 562-100-13 1997.75 19 562-160.07 4,4 39.44 20 562-180-32 1.213.41 21 562-180-33 1,879-36 22 562 251 37 2,989-22 23 562-251-38 2,471.28 24 562-252 15 4.883.38 25 562-321.07 2,693.26 26 (Parcel owned by City) 0.00 27 562.-330 42 1,12,1.66 28 562 330 35 3,68.1.73 29 562.220-32 1,616.61 30 562-220-31 2,293.71 31 562-220-13 3,40 3.57 32 562-220-11 816.9( ) 33 562-150-13 3,092.81 34 562-340-09 4,419.44 35 562-340 48 6,451.98 36 562 340 47 2426.89 37 562-340-70 4,439.11 38 562 340.69 1,291.45 39 562 340-50 1,439.44 40 562-340-49 4,306.25 41 560-393-01 7.103.10 42 560-393-03 2.071.74 43 560-204-02 2,071. 74 44 560-204-0,1 2.81 1.64 45 560-203-03 4,106.25 46 562-330-43 0.00 'rota! 5 130.7(x).00 11 "17iis Assessment has been prepared pursuant to the "Landscaping and lighting. Act of 1972". 'Ile net amount to be assessed upon the lands and parcels within the boundaries of the District has been spread and apportioned in accordance with the benefits received from the improvements, and in my opinion the costs arid expenses have been assessed in direct relationship to the benefits received from the maintenance of the improvements. 1)ated: June 3, 2008 Nasland Engineering Assessment Engineer GI City of National City State of California A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and the Superintendent of Streets on the day of , 2008. City Clerk City of National City. State of California Superintendent of Streets of National ('ity State of California Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report was made on the day of 2008 by adoption of Resolution No.._ by the City Council. ('ity Clerk - City of National City State of California t7. EXHIBIT "A" METHOD AND FORMULA OF ASSESSMENTSI'REAI) The taw, requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to he maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and deterrtrining; the correct apportionment of the assessment obligation. For these proceedings, the City has retained the services of Nasland Engineering. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to he maintained will render to the properties within the boundaries of the L)istrict.. The improvements significantly improve the visual appearance of the strcetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished trout that of the general public. In this case, an in depth analysis was made, and several factors are being used in the final method and spread and assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit he assessed for the additional cost. There arc generally two categories of improvements to be maintained by the District. The median improvements benefit all properties within the District. 'the improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost lot maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2. Parcel 26 (APN 562-321-08) is owned by the City of National City, not subject to assessment. 3. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, hut will benefit from the tuedian improvements. This parcel is assessed for median improvenrents as if it had a frontage of LW feet. 4. 'Inc total cost for maintenance of the Frontage Improvements is a1lortioned to all parcels in the District except Parcel 32 (APN 562-720-11), based on the frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined frorn current assessrn's maps for the Comity of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. FUTURE ANNUAL, ADJUSTMENT IN ASSESSMENT The annual assessment to bc' levied on all properties within the district in fiscal year 2009-2010 and thereafter shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an amount which would be in excess of the amount authorized pursuant to the application of the above formula, such annual assessment shall be considered a "new or increased assessutcnt" as such term is used in Government ('ode. Section 54954.6. In conclusion, it is my opinion that the assessments for the above -referenced District have been spread in direct accordance with the benefits that each parcel receives frorn the improvements to he maintained. Dated: June 3, 2008 Nasland Engineering Assessment Engineer City of National City State of California EXHIBI`I` "B" FS'l (MA'l'ED COST OF ANMJA1. MAIN'1.ENANCE FY 2008 2009 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphics panels 6. General maintenance of electrical system 7. Flectrical usage 8. Refurbishment of decorative crosswalks 8. Miscellaneous TOTAL: Median Improvements 0.00 $ 1 5,966.6 1 $ 5,700.00 $ 18,000.00 $ 12,000.00 $ 6,500.(x) $ 9,000.00 I ,h(x).(X) $ 250.(X) $69,216.67 Frontage Improvements $ 31,933.33 0.00 $ 5,700.00 $ 18,0(10.00 0.00 0.00 0.(10 $ 1,200.00 $ 250.00 $57,O83.33 IS .ED I, -.: 04,CE rr N,E '..E cl•r 'x r.r.r::.... ("• sr live. . Ar.pv AL cry S ]'I:u1F5 Iv 155 7:%'`C5 C9 -nr SJoei v'Ev CEv" CN: US C' 'yC t' Cr R1 rcIi.L G"' •/5 )A- :M' 1296. SJOCi v •,JCb' ^ 91626 ^tv Cr r11rur, CI.' 9,6,6 Cf ,,,Ur J9•66 a1. >S S".uf.v' ,ir CI'- :')': S.:IL ce *61C i' PIr05S_ .J15 0,1r C•::5 Cr 5611D 9"C A'1 'Y.1 •1:5 ASSESSufn, 0 *CP>i.. 5>ID ASS:S5,EI.! «c5 .E.,CD C'• 11,E _- _Cci ]•_ _ .996: SAID ASS655.E1' 6IAC9 AV i.•.^. 11-E 15255561t-'1 P':,L 6500 RECCGCC: .6 'vt 0rrl5E Cr -at 5Jr5R1r1•r,605M' 26 9,6E616 cr SAD C11• C•. 1t1(__Li2 ."___-. _ 199fi. ?EFSPE,CE .5 0ACE '^ ti: ASSESP•5,1 GQl 'r9:r10E0 r1 ••5 mrICE cr •10 St/PERWTv3E, rCR '.5 fx.SC' wCJ`•• C. E-Ci ASSE5551E:.' LE1C0 A„1r.E' CnC„ c.R:r,C5,Ar.0 c1.C.+r1 C1. 17..5 *S5ESS6,E'.1 C'ACP.., „-E' 115_. _. rc- p _ rove. >r -.[ •.xn 'JARS Cr c55:5 S.2r,• Ar;O CC:.ualn :r r>ao ]ES CMS, 215 Ir1 Nr p, RECC?LER Cr 1--r G,. C.*ry se•. , ...Ir :i'.I.1 i:iN'- Dr 5,, OTC° 51955 f C41.'0-,R AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO, 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 1.1 1 ;11 i ,yyC_.•p� 1 I WC-2 C-". 5 165 NAT1ON:41_ • IT I • 5J yes-2;_.0 :. 53 CITY 9OULE9ARC SHEEE' OF 3 SHEETS I 1 o C l y IJ 557-203-21 ISC 1.44) 14C. I 560- 2:,_01 !.,..-•9 �, C3 I rail .,1Z REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 — E*rEr1CP 6.2. I•126.6. ,, S. 21C' 1.r qC r.. 1C '11E nfA?ES' r r:ER rC NOTE: CRIG NAL. SHEET SIZE I ' v 26' E JOE No. 105-14? AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CFIY OF NATIONAL MY COUNTY OF SAN DIEGO STATE OF CALIFORNIA Ind 5re• 12C-03 r7�---' . CITY SOLLEYARD ro .52-3•3 • 19 i 'S+. 3.3-3. I w I kl 1,3-33:-.1 55:-C3-- ' 12, I p) •5 _JI 7 L_ 1 1 162- 343.,E3 3CC 37 TRANSPORTATION AYYNUE L_ 10 ; NATIONAL CT' SOLILE\A9D '18: SHEET 2 OF 3 SHEET \38 1:3 3e:-3•.-an 351 • p .^.I D'STP C1 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 1. NOTE ORIGINAL SHEET SIZE 18' . 26' `AO-7 (`laC•11:11 C' SAC, "J'9C•r ;Ca• U♦SS( SSC'5 'S�a� r 1.:1::5r rc: 19.rE:-00 ESSES:J,3 -E.. ,11o5 '-300cNr- C E,SOp'S 01 5..]..1. A S N L' E N' ET. ': E,, P.11\TT 040 A. 'r• 3:..11 4• ' •1: :.::. n . 11. t • 111,11-.1J N E. , CB No 135-148 L— i 3C0 552-35 -09 104; 21) I— , 552-•5:..'� AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MI.LE OF CARS) CfY 0= NATIONAL CITY I COUNTY OF SAN OIEGO STATE C= CALIFORNIA I I 22) I `3,1 552-251-33 552_22'-22 \, 202 III (24) 572-252-'5 `zJ (25 5/2-::, 552. 27i.C9 NA T1oNAL Cf ( BOL.LEVAFD ,55 552-52.,2' _ -AANSPO TA1O'. AVENI=_ j 552-223-32 ----EX70^2 PCL..'.n- :r osmlc' 562-Si:-`5 ry .l • 7 'Pp:la C' :r •5 C14;41;V:f CCU'., ASSESSCii-S 3.0> in7 5+0.4; rE4E0. "3 ^:1'=5, roc,, nu., 7C 777 S. S'C' 5 407 ,0 .-2.3o- , SHEET 3 OF 3 SHEET REVISED 8-1-96 REVISED 6-11-97 PEV SED 6-19-02 REA/ISED 6-09-6 3 PEv,SED 5-25-04 _! ,:I EI •'C <. CMCIFLCNI?C . 3 '?C'S0• .wv. 0LU^,IFC NOTE: OPIOINAL SHEET SIZE 9' x 28' N E. !CB No. 'D5-148 PART Iv Assessment Schedule (, an authorised representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance (Exhibit B) $71,216.67 S57,083.33 Incidental Expenses I,300.(X) 1,10(RX► Total Costs 72,516.67 58,183.33 Surplus/Deficit _ 0.00 0.00 Balance to Assessment 72,516.67 58,18 3.33 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the attached assessment Diagram and the Comity Assessment Roll. 'the Assessment Schedule refers to the County Assessor's Maps for a description of the lots or parcels, and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have heeu apportioned in direct relationship to the benefits received from the improvements to be maintained. For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the following list of annual assessments, and for particulars as to the formula for the allocation of the costs, reference is made to the Method and Formula of Assessment Spread attached hereto as Exhibit "A". ATTACHMENT 4 161 "11re assessments are those as confirmed in Column 1, unless a different figure appears in Column II, as nioditied. I 11 Assesment Assessor's Parcel Amount of Assessment Number Number Assessment as Confirmed 1 560 210-01 $ 1,849.16 . 2 560 210-04 2,441.69 3 560-210-42 443.94 4 560-210-41 739.91 5 560-210-40 3122.40 6 560-261-08 3,995.49 7 560-271-14 1,405.82 8 560-271 07 1,109.86 9 560.271..09 739.91 10 560 • 211 15 1,479.81 11 560-330 03 8,745.69 12 562-021-01 1,479.81 13 562-021-07 2,367.70 ) 14 562-031-14 2,367.70 15 562-031-13 1,627.79 16 562-090-06 3,995.49 17 562-100- 14 1,997.75 18 562-100-13 1,997.75 19 562-160-07 4,439.44 20 562-180-32 1,213.44 21 562-180-33 1,879.36 22 562-251-37 2,989.22 23 562-251-38 2,471.28 24 562-252-15 4,883.38 25 562-321-07 2,693.26 26 (Parcel owned by City) 0.00 27 562.330 42 1,124..66 28 562-330 35 3,684.73 29 562 220 32 4,616.61 30 562-220-31 2,293.71 31 562 220 13 3,403.57 32 562-220-1 1 816.90 33 562-150-13 3,092.81 34 562-340-09 4,439.44 35 562-340-48 6.451.98 36 562-340-4 7 2/126.89 37 562.340 70 4.439.14 38 562 340.69 4,291.45 39 562 340-50 4,439.44 40 562-340-49 4,306.25 41 560-393-04 7,103.10 42 560-393-03 2,071.74 43 560-20 4-02 2.071.74 44 560-201-0.1 2,811.64 45 560-203 03 1.306.25 46 562 330 43 0.00 Total $ 130,700.00 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 1, 2008 AGENDA ITEM NO. 16 /ITEM TITLE PUBLIC HEARING FOR THE ISSUANCE OF CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTIIORITY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED S1,250,000 IN CONNECTION WFI'HTHE CASA FAMILIAR, INCORPORATED ACQUISITION AND REHABILITATION PROJECT PREPARED BY Alfredo Yharra (Ext. 4279) DEPARTMENT Community Development Department, Housing and Grants Division EXPLANATION Pursuant to Section 147(d) of the Internal Revenue Code and Section 6586.5 of the California Government Code, the City Council is being asked to hold a public hearing to provide an opportunity for all interested persons to speak or to submit written comments concerning the proposal to issue the debt and the nature or location of the project. The California Statewide Communities Development Authority (CSCDA) proposes to issue multifamily housing revenue bonds in the amount not to exceed $1,250,000 and to lend the proceeds to Casa Familiar, Inc., a California nonprofit public benefit corporation. the proceeds of which will he applied to finance (i) the acquisition, rehabilitation and equipping of an eight unit multifamily housing development located at 1111 1) Avenue, National City, California 91950 (the "D Avenue Project") to be owned and operated by Casa Familiar, Inc., a California nonprofit public benefit corporation (the "Borrower") and (ii) the acquisition, rehabilitation and equipping of a ten unit multifamily housing development located at 1101-19 F. Avenue, National City, California 91950 (the "I- Street. Project") to be owned and operated by the Borrower. Environmental Review Ni N/A Financial Statement There is no fiscal impact associated with this request. Approved By: Finance Director Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Background Report A-200 (9/99) BACKGROUND REPORT The Internal Revenue Code of 1986 (the "Code") requires that the "applicable elected representatives" of the jurisdiction in which a project to be financed with "private activity bonds" is to be constructed hold a public hearing which has been noticed in a newspaper of general circulation in such jurisdiction and adopt a resolution approving the issuance of such "private activity bonds". The City Council is being asked to hold such public hearing which has been noticed as required by the Code. The proposed resolution (Item # ) would act as the approval by the "applicable elected representatives" with respect to the proposed Project. The bonds for the Project will be issued by the Califomia Statewide Communities Development Authority (CSCDA). The City would not be a party to the financing documents. As set forth in Section 9 of the Amended and Restated Joint Exercise of Powers Agreement of CSCDA, the debt would not be secured by any form of taxation, or by any obligation of either the City or CSCDA. Neither would the debt represent or constitute a general obligation of either the City or CSCDA. Pursuant to the governing California statutes and the JPA Agreement, a member of CSCDA is not responsible for the repayment of obligations incurred by CSCDA. The debt would be payable solely from amounts received pursuant to the terms and provisions of financing agreements to be executed by the Developer of the proposed facility. In the financing documents the Developer will also provide comprehensive indemnification to CSCDA and its members, including the City. The City's membership in CSCDA carries with it no cost or other financing obligation, but serves as a public acknowledgement by the host jurisdiction of the project financing. In receiving the bond proceeds, Casa Familiar would preserve 10 1-bedroom residential units and 8 2-bedroom residential units by acquiring and rehabilitating units for the benefit of very low-income households eaming no more than 60 percent of the area median income (AMI). Loan proceeds of which will be applied to finance (i) the acquisition, rehabilitation and equipping of an eight unit multifamily housing development located at 1111 D Avenue, National City, California 91950 (the "D Street Project") to be owned and operated by Casa Familiar, Inc., a California nonprofit public benefit corporation (the "Borrower") and (ii) the acquisition, rehabilitation and equipping of a ten unit multifamily housing development located at 1101-19 E Avenue, National City, California 91950 (the "E Street Project") to be owned and operated by the Borrower. The amount of Bonds allocable to the D Avenue site shall not exceed $650,000, and the amount of Bonds allocable to the E Avenue site shall not exceed $600,000. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 1, 2008 AGENDA ITEM NO. 17 (EM TITLE PUBLIC HEARING - ADOPTION OF THE CITY OF NATIONAL, CFFi"S 2008 l )SER FEE SCHEDULE PREPARED BY DEPARTMENT Antonio Garcia ext. 4213 Building & Safety EXPLANATION The City has completed a review of all user fees collected independently by Maximus with City departments and has formulated the recommended for user fee schedule for consideration by the ('ity Council. Government Code Section 66018 requires that a Public I Iearing be conducted prior to the adoption of a resolution establishing new fees or increasing existing fees. Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION City Council conducts Public Hearing and recommends proceeding with 2008 User Fees Schedule provided as recommended by Maximus. BOARD / COMMISSION RECOMMENDATION N/A - ATTACHMENTS ( Listed Below) Resolution No. Staff Report Maximus Fce Study A-200 (9/99) THE PUBLIC HEARING (ITEM #17) AND RESOLUTION (ITEM #20) WILL BE REQUESTED TO BE CONTINUED TO THE MEETING OF JULY 15, 2008. City of National City, California COUNCIL AGENDA STATEMENT 18 MEETING DATE July I. 2008 AGENDA ITEM NO. (ITEMTITLE Resolution Approving a Modification of a Conditional Use Permit (2007-22 CUP) to Allow for an 830 Square Foot Expansion of an Existing Pawn Shop at 1050 Highland Avenue, Suite E (Applicant: Express Financial Services) (Case File 2008-08 CI IP) /✓1 "-- PREPARED BY Michael Fellows, 336-4310 DEPARTMENT Planning EXPLANATION The Conditional Use Permit Modification for this project is also on the agenda. If approved, it would be appropriate to adopt the attached Resolution. Environmental Review X Financial Statement N/A Exempt (pursuant to Section 15301. Existing Facilities) Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached Resolution ' BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Resolution l A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR AN 830 SQUARE FOOT EXPANSION OF AN EXISTING PAWN SHOP AT 1050 HIGHLAND AVENUE, SUITE E. APPLICANT: EXPRESS FINANCIAL SERVICES CASE FILE NO. 2008-08 CUP WHEREAS, the Planning Commission considered a Conditional Use Permit to allow for an 830 square foot expansion of an existing pawn shop at 1050 Highland Avenue, Suite E, at a public hearing held on May 19, 2008, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on July 1, 2008, at which time oral and documentary evidence was presented; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council that the testimony and evidence presented to the City Council at the public hearing held on July 1, 2008, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the pawn shop is an existing use proposing a minor expansion into an existing, adjacent suite. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since it is located on Highland Avenue, an arterial street, and since the pawn shop is an existing use proposing a minor extension into an existing suite. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it has been operating at this location since August 2002, will continue to function as a typical retail use in an existing shopping center, and is not expected to create additional impacts. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will continue to provide a service that is in demand among consumers. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes an 830 square foot expansion a pawn shop at 1050 Highland Avenue, Suite E. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2008-08 CUP, dated April 29, 2008. 2. The business shall be operated in compliance with California Business and Professions Code Sections 21625-21647 at all times. Resolution No. 2008 — July 1, 2008 Page 2 3. The sale of firearms is prohibited at the site. 4. Exterior walls of the pawn shop and trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the " Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit; the SUSMP shall be prepared by a Registered Civil Engineer. 6. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit, as determined by the City Engineer. 7. The deteriorated portions of the existing street improvements (sidewalk 30' ) along the property frontages shall be removed and replaced if applicable pursuant to ordinance 1491. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 9. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 10. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 11. This Conditional Use Permit may be revoked upon the recommendation of the Police Department if the operator is found to be in violation of any state, or local law regulating pawnshops in accordance with Section 18.116.170. 12. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed Resolution No. 2008 — July 1, 2008 Page 2 and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this lst day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 1, 2008 AGENDA ITEM NO. 19 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE OF CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $1,250,000 IN CONNECTION WITH THE CASA FAMILIAR, INCORPORATED, ACQUISTTION AND REHABILITATION PROJECT PREPARED BY ` DEPARTMENT Alfredo Ybarra (Ext. 427 Community Development D- • . ' r -nt, Housing and Grants Division EXPLANATION The City Council is being asked to adopt a resolution which would approve the issuance of multifamily housing revenue bonds by the Califomia Statewide Communities Development Authority ("CSCDA") for the purpose of financing the acquisition and rehabilitation of a multifamily residential housing facility (the "Project") consisting of two sites located in the City. The purpose of the resolution is to allow the financing to meet a requirement of the Internal Revenue Code of 1986. The adoption of this resolution is the first step in the process of financing the proposed Project. Environmental Review NI N/A Financial Statement There is no fiscal impact associated with this request. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR CASA FAMILIAR, INC. WITH RESPECT TO THE PROPOSED ACQUISITION AND REHABILITATION OF MULTIFAMILY HOUSING PROJECTS WHEREAS, the California Statewide Communities Development Authority (the "Authority" ), of which the City of National City (the " City") is a member pursuant to the provisions of that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the Califomia Statewide Communities Development Authority, dated June 1, 1988 (the " Agreement" ), is authorized by the laws of the State of California (the " Law") to cause the execution and delivery of taxable and tax-exempt obligations for the purpose of financing educational and other facilities owned and operated by nonprofit public benefit corporations located within the area of operation of the Authority; and WHEREAS, Casa Familiar, Inc. (the " Borrower" ), a nonprofit public benefit corporation formed exclusively for charitable purposes, including providing affordable housing, has requested the Authority to cause the issuance of tax-exempt obligations (the " Obligations" ) in the approximate amount of $1,250,000, the proceeds of which will be applied to finance (i) the acquisition, rehabilitation and equipping of an eight unit multifamily housing development located at 1111 D Avenue, National City, California 91950 (the " D Avenue Project") to be owned and operated by the Borrower and (ii) the acquisition, rehabilitation and equipping of a ten unit multifamily housing development located at 1101-19 E Avenue, National City, California 91950 (the " E Avenue Project" and the D Avenue Project, the " Projects") to be owned and operated by the Borrower; and WHEREAS, the amount of Bonds allocable to the D Avenue Project shall not exceed $650,000, and the amount of Bonds allocable to the E Avenue Project shall not exceed $600,000; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 (the " Code" ) requires that the "applicable elected representative" with respect to the Projects hold a public hearing on the issuance and delivery of the Obligations; and WHEREAS, the City Council, as the "applicable elected representatives" to hold said public hearing, has held said public hearing at which all those interested in speaking with respect to the financing of the Projects were heard; and WHEREAS, Section 6586.5 of the California Government Code (the " Government Code") requires that the City Council approve the financing upon a finding of significant public benefit -after a public hearing following publication of at least five days' written notice in a newspaper of general circulation in the City; and WHEREAS, the City Council has on the date hereof held a public hearing following duly published notice thereof and all persons desiring to be heard have been heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, as follows: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. Resolution No. 2008 — July 1, 2008 Page 2 Section 2. The City Council hereby approves the issuance of the Obligations with respect to the proposed Projects by the Authority. Section 3. The issuance and delivery of the Obligations shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Obligations by the Authority. Section 4. The Corporation shall be responsible for the payment of all present and future costs in connection with the issuance of the Obligations, including, but not limited to, any fees and expenses incurred by the City in anticipation of the issuance of the Obligations. The payment of the principal, prepayment premium, if any, and purchase price of and interest on the Obligations shall be solely the responsibility of the Corporation. The Obligations shall not constitute a debt or obligation of the City. Section 5. This Council hereby determines that it is appropriate for the Authority to cause the issuance of the Obligations to finance the acquisition, rehabilitation, construction, and development of the Projects, and hereby approves the issuance of the Obligations. It is the purpose and intent of the Council that this resolution constitute approval of the Obligations for the purposes of Section 9 of the Agreement. Section 6. This Council hereby finds that the financing of the Projects will result in significant public benefits to the citizens of the City pursuant to Section 6586 of the Govemment Code, including demonstrable savings in effective interest rate, bond preparation, bond underwriting, or bond issuance costs. Section 7. The adoption of this Resolution is solely for the purpose of meeting the requirements of the Code and the Government Code, and shall not be construed in any other manner, the City nor its staff having fully reviewed or considered the financial feasibility of the financing of the Projects or the expected operation of the Projects with regards to any State of California statutory requirements, and such adoption shall not obligate, without further formal action to be taken by this Council, (i) the City to provide financing to the Corporation for the financing of the acquisition, construction and development of the Projects or to cause the delivery of the Obligations for the purpose of such financing; or (ii) the City, or any department of the City, to approve any application or request for, or take any other action in connection with the ownership or operation of the Projects. Section 8. The City Clerk shall forward a certified copy of this Resolution and a copy of the affidavit of publication of the public hearing notice to: Stephen G. Melikian Jones Hall, A Professional Law Corporation 650 California Street, 18th Floor San Francisco, CA 94108 Section 9. This Resolution shall take effect from and after the date of its passage and adoption. --- Signature Page to Follow --- Resolution No. 2008 — July 1, 2008 Page 2 PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey City of National City, California COUNCIL AGENDA STATEMENT 20 MEETING DATE July 1, 2008 AGENDA ITEM NO. ITEM TITLE RESOLI1'I'ION OF THE CITY COIJNCIL OF THE CITY OF NA'FIONAI, C1'1 Y ADOPTING THE CITY OF NATIONAL CITY'S 2008 USER FEE SCHEDULE FOR USER FEES WITIIIN TIIE CITY PREPARED BY DEPARTMENT Antonio Garcia ext. 4213 Building & Safety EXPLANATION The City has completed a review of all user fees collected independently by Maximus with City departments and has formulated the recommended for user fee schedule for consideration by the City Council. Environmental Review X NIA Financial Statement Approved By: Finance Director User Fees are determined to be cost recovery for services provided. Account No. STAFF RECOMMENDATION Adopt the 2008 User Fee Schedule recommended by Maximus. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report. Maximus Fee Study. A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE CITY OF NATIONAL CITY 2008 FEE SCHEDULE FOR USER FEES WITHIN THE CITY WHEREAS, user fees have been recognized as a necessary and effective method of generating those revenues required to provide municipal services and facilities; and WHEREAS, after a considerable amount of study and receipt of staff input, the City Council determined that adjustments in user fees in many instances are necessary to close the gap between current fees and actual service costs, in order to reduce general fund subsidies so that such funds may be redirected to provide services which benefit the community as a whole; and WHEREAS, a public meeting was held to consider adjustments to City user fees at the regularly scheduled City Council meeting of July 1, 2008, notice of which hearing was published according to law in a newspaper of general circulation in the City. At said hearing, the City Council considered oral and written presentations of the City Council, City staff, and members of the public. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City that beginning July 1, 2008, the fees designated in the aforementioned City of National City Fee Schedule shall be collected for all services described in said Schedule, and that all fees previously established for said services shall be superseded. BE IT FURTHER RESOLVED that beginning July 1, 2008, the fees designated in the aforementioned City of National City Fee Schedule shall be collected for all services described in said Schedule, and that all fees previously established for said services shall be superseded. PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney THE PUBLIC HEARING (ITEM #17) AND RESOLUTION (ITEM #20) WILL BE REQUESTED TO BE CONTINUED TO TIIE MEETING OF JULY 15, 2008. City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE July 1, 200R AGENDA ITEM NO 21 M "I I'I'I.F Resolution Approving the Census Tracts of the l 1pdated 'Target Employment Area (TEA) for the San Diego Regional Enterprise Zone (SDREZ). PREPARED BY DEPARTMENT Jacqueline Rcynoso (ext. 4293) Economic Development Division Community Development Coordinator Strategic Action Plan 4c EXPLANATION Assembly Bill 1550 requires that enterprise zones that received a 'Target Employment Area (TEA) prior to the availability of the 2000 lJnites States census data, review and update their TEA boundaries to reflect the most recent census data. I ICD requires that enterprise zones submit the updated TEA application by November 2, 2007. HC1) has granted an extension to the SDREZ for submittal of the TEA application. Section 7072(i) of the Government Code defines "Target Employment Area" as an area within a city, county, or city and county that is composed solely of those census tracts that have at least 51 % of its residents of low- or moderate- income levels. The purpose of the TEA is to encourage businesses in an enterprise zone to hire eligible residents from these geographic areas. The businesses receive a hiring tax credit for employees they hire who reside in a TEA. IICD requires that each jurisdiction in the enterprise zone approve, by resolution, the specific census tracts that will encompass the TEA.. HCI) had changed the methodology for reporting eligible census tracts. The applicant (SDREZ partners) may use the median household income for the county, rather than for the state. The SDREZ has identified those census tracts that it considers most in need of TEA status. The 'TEA Map is included as Attachment 3. `.----)"\ Environmental Review N/A Financial Statement N/A / STAFF RECOMMENDATION Adopt the resolution and approve the boundaries for the updated TEA. ATTACHMENTS fff 1. Staff Report 2. TEA Map Resolution No. L_ A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE CENSUS TRACTS OF THE UPDATED TARGET EMPLOYMENT AREA (TEA) FOR THE SAN DIEGO REGIONAL ENTERPRISE ZONE (SDREZ) WHEREAS, Assembly Bill 1550 requires that enterprise zones that received a Target Employment Area (TEA) prior to the availability of the 2000 Unites States census data, review and update their TEA boundaries to reflect the most recent census data, which must be submitted to the California Department of Housing and Community Development (HCD) by November 2, 2007; and WHEREAS, HCD has granted an extension to the SDREZ for submittal of the TEA application; and WHEREAS, Government Code Section 7072(i) defines "Target Employment Area" as an area with a city, county, or city and county that is composed solely of those census tracts that have at least 51% of its residents of low or moderate income levels; and WHEREAS, the purpose of the TEA is to encourage businesses in an enterprise zone to hire eligible residents from these geographic areas, and the business will receive a hiring tax credit for employees they hire who reside in a TEA; and WHEREAS, HCD requires that each jurisdiction in the enterprise zone approve, by resolution, the specific census tracts that encompass the TEA; and WHEREAS, the applicant (San Diego Regional Enterprise Zone (SDREZ) partners) may use the median household income for the county rather than the State; and WHEREAS, the SDREZ has identified the census tracts it considers most in need of TEA status (See Exhibit A). NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the boundaries of the updated Target Employment Area (TEA) and map for the San Diego Regional Enterprise Zone. PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney STAFF REPORT Re: Resolution Approving the Census Tracts of the Updated Target Employment Area (TEA) for the San Diego Regional Enterprise Zone (SDREZ). On August 31, 2006, thc.City of San Diego, the City of Chula Vista and the City of National City entered into a FIRST MOU with Pacific Municipal Contractors (PMC). This First MOU identified the `Partners" and divided fiscal responsibility for consulting services related to the submittal of the Enterprise Zone (EZ) Application for designation of the San Diego Regional Enterprise Zone (SDRt.Z). This new SDREZ designation is a long-term (15-year) partnership between local governments and private companies to generate new private sector investment and growth with the state providing performance -based tax credits and incentives to Enterprise Zone businesses. The purpose of the SDREZ is to: 1) promote "smart growth" by revitalizing chronically deteriorated areas; 2) hire the most difficult to hire residents in private sector jobs; and 3) retain, expand, and reward businesses that participate in these objectives. Assembly Bill 1550 requires that enterprise zones that received a Target Employment Area (TEA) prior to the availability of the 20001 Inites States census data, review and update their TEA boundaries to reflect the most recent census data. HCD requires that enterprise zones submit the updated TEA application by November 2, 2007, which includes a cover letter requesting TEA designation, a certified resolution from each goverrurrent entity with a jurisdiction in the enterprise zone specifying the census tracts that will encompass the TEA, a map of the TEA boundaries, and supporting documentation. 11(1) has }granted an extension to the SDREZ jiff submittal of the TEA application. Section 7072(i) of the Government Code defines "Target Employment Area" as an area within a city, county or city and county that is composed solely of those census tracts that have at least 51 "/% of its residents of low- or moderate- income levels. The purpose of the TEA is to encourage businesses in an enterprise zone to hire eligible residents from these geographic areas. The businesses receive a hiring tax credit for employees they hire who reside in a TEA. • San Diego's regional •TEA established in 1998 for the Metro F.7. and the South Bay EZ, will sunset on November 2, 2007 per Assembly Bill 1550. Both of these EZ's have also expired and the Economic Development Division staff in collaboration with the Cities of Chula Vista and San Diego successfully competed for and was conditionally designated an E7 effective Oct. 15, 2006. Upon certification of the required cnvirorunental impact report (EIR), final designation will be awarded to the SDREZ. The census tracts incorporating the SDREZ do not have a high unemployment rate, however, these census tracts have high populations of extremely low- to low/moderate- income level population. Establishing a new TEA for the SDREZ will encourage Si)RF-:7 businesses to hire residents living in the TEA. One of the goals of the SDREZ is to continue to increase the income level of residents attic EZ by attracting and expanding industries that historically pay higher wages, such as manufacturing and high technology to the SDREZ. Within the two previously expired E'•7.'s, the average hourly rate fbr employees qualifying for the El. hiring credit voucher have always been ATTACHMENT 1 significantly higher than minimum wage. usually averaging 150% above the state minimum hourly rate. in the first quarter of TY 2008, 533 EZ hiring vouchers were issued of which 87% were to TEA residents. f ICD requires that each jurisdiction in the enterprise zone approve, by resolution, the boundaries of the updated TEA. 1-ICD had changed the methodology for reporting eligible census tracts. The applicant (SDREZ partners) may use the median household income for the county, rather than for the state. in instances in which the median household income for the county is Tess that the State's median household income, which was $47,493 in 1999, that applicant may use the State's median in its calculations. The TEA rnav be, but is not required to be, the same as all or part of the enterprise zone. Its boundaries need not be contiguous. Moreover, the TEA does not need to encompass each eligible census tract within the jurisdiction. The SDREZ identifies those census tracts that it considers most in need of TEA status. Although the boundaries of the enterprise zone and the TEA do not need to overlap, there are several geographic restrictions. For example, at least a part of each eligible census tract within a TEA shall he within the territorial area of the jurisdictions that comprise the enterprise zone. If a census tract encompasses the territorial jurisdictions of two or more local governmental entities, all of these entities must be a party to the TEA application unless they formally choose not to participate. Finally, only those census tracts within the jurisdictions of the entities participating in the enterprise zone may be included in a TEA. This restriction precludes census tracts from jurisdictions that are not a party to the enterprise zone from inclusion in the TEA. Staff recommends that City Council approve the updated TEA Map. Z CTtY OF SAN DIEGO Legend CITY of / ):nnwtA PORT OF ENTRY] Application Area Boundary SAN DIEGO COUNTY SAN DIEGO cant SAN DIEGO (IMMIIV PORT OF ENTRY] SaannGLS L , Municipal Boundaries Census Tracts TARGET EMPLOYMENT AREAS CITY PLANNING & COMMUN/TY INVESTMENT • REDEVELOPMENT DIVISION ATTACHMENT 2 3 CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE July 1.2008 AGENDA ITEM NO. 22 ITEM TITLE Tirne Extension Request — Tentative Subdivision Map fir `Centro/Revolution R2 Condominiums' Location: 41 East 12th Street APN: 556-554-16 and -17 Applicant: Constellation Property Group LP Case File No.: 2008-24 TE S-2006-5 PREPARED BY Raymond Pe 336-4421 �1 DEPARTMENT Planning Department EXPLANATION On October 18, 2005, the Community Development Commission Board approved Downtown Specific Plan Consistency Review (DSP-2005-5) Ibr Centro, a condominium project consisting of 61 residential units. On June 20, 2006, Council approved a "tentative Subdivision Map (S-2006-5) for Centro and the applicant's adjacent project, Revolution R2 (Lumina). On June 3, 2008, the Community Development Commission Board approved an amendment to the Disposition and Development Agreement (DDA) for the Centro project. The amendment to the I)1.)A removes the requirement to develop residential condominiums and allows the development of rental units, although the applicant intends to record a condominium map prior to occupancy. The applicant is requesting a two-year time extension to record the final map; the Tentative Map would have expired on June 20, 2008. Construction of the Centro project has started and is expected to he completed in June of 2009. if the request is approved, the new expiration date for the Tentative Map would be_.) \June 20, 2010. ENVIRONMENTAL REVIEW Not applicable. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommends approval of a 24-month time extension to June 20, 2010. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Resolution No. 2006-112 2. Plans 3. Applicant's letter of request Resolution No. A-200 (9/80) RESOLU I ION NC. 200G-1 12 RESOLUTION �N OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A. TENTATIVE SUBDIVISION MAP FOR A MIXED -USE PROJECT CENTRO/REVOLUTION 2 CONDOMINIUMS, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION LOCATION: 41 EAST 12TH STREET APPLICANT: CONSTELLATION PROPERTY GROUP LP CASE FILE NO. S-2006-5 WHEREAS,, application was made for approval of a Tentative Subdivision Map for a mixed -use project'Centro'Revolution 2 Condominiums' located at 41 East 12th Street within the ':ity of National City on property generally described as: PARCELS 1 & 2 OF PARCEL MAP NO. 10377, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 27, 1980, AS FILE NO. 275023, OFFICIAL RECORDS, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA WHEREAS, the Planning Commission of the City of National City considered said application at a public hearing held on June 5, 2006, and by Resolution recommended cenditionai approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on June 20, 2006. at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2006-5, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and VJIIEHEAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to he essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and chiectives of the General Plan. The site is physically suitable tor the proposed type of development since the proposed project and all required improvements can he provided on site, and the project would comply with the applicable development standards or has bc-en granted the appropriate exemptions. 1 No.t Ian Jrlr .' . ;,7'.-Y.-}6. Page 4. The site is physically suitable for the proposed density of development since the proposed project acid all required improvements can be provided on site. and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities mill be provided. 7. The design of the subdivision and the proposedlrequired improvements will not conflict with easements. acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the City Council has considered that the Program Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Program Environmental Impact Report, which reflects the Citys independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said Tentative Subdivision Map subject to the following conditions Mitigation Measures. The Tentative Subdivision Map shalt be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Program Environmental impact Report for the Downtown Specific Plan. 2 Hesol.rtit�r; No. 2006-1 ;2 June 20.:.'0 06 I'age 3 Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condcminiurn purposes in conformance with Exhibit (S-2006•5); dated January 20, 2006, except as modified by the conditions of approval. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Heviews (DSP-2005-1) & (OSP-2005-5). 4. Landscape Hans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the prirnary buildings and'or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction. recycling, conservation, and sustainable design in the project to the maximum extent feasible. 0. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan. including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curies and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements contained in Engineering Department memorandum dated September 15, 2005. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. Alt Hydrology study findings and recommendations are part of Engineering Department requirements. 3 Rosoi t1,n No. 20Cf3-1 tip ...inc 20. 2�(X,-; P..;ue 4 The Priority Project Applicability checklist fcr the Standard Urban Storm-'.ater t .litigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the 'Priority Project Permanent Storm Water BMP Requirements' and the City of National City `Storrn Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-oH resulting from this development. et A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the Citys standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading- This shall include the provision of such devices as storm drain interceptors, clarifiers. or fitters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. g) A sewer permit will be required. A sewer study is currently being prepared by the City to consider the adequacy of the existing sewer system with respect to the Downtown Specific Plan. The sewer study recommendations shall be part of the Engineering Department Requirements to be completed tor the project. The 4 escf.ltiUn f k,. 2{1U'-:-� t Joao 20, 2O06 F'c7 :e r• method of sewage collection and disposal shall be shown on the gradinaldrainage plan. Any new sewer lateral in the City right-of-way shalt be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer starnp"S'shatl be provided on the curb to mark the location of the lateral. hi A soils engineering report shall be submitted for the Engineering Departments review, after Planning Commission approval The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum aliowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class iI aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. The deteriorated portions of the existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. i) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. ml A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shalt be submitted with the plans. A performance bond equal 10 the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. o) Tire sutxiivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 5 Resolution No. 7!rOF t 12 June Page pi The developer shall bond for the rnonumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. q) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. r) The final map shall be recorded prior to issuance of any building permit. All new property line survey monuments shall be set on private property, unless otherwise approved. t) The parcel mapifinal map shall use the Califomia Coordinate System for its't3asis of Bearingd'and express all measured arid calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements contained in Public Works Department memoranda dated September 13, 2005 and March 16, 2006. a) The developer shall replace the existing sidewalks adjacent to the project b) The developer shall upgrade the sewer line serving the project area to 12-inch diameter. The developer shall prepare a sewer capacity study of this line to ascertain the limits of the upgrade. The developer shall submit sewer and drainage improvement plans to the Public Works Department for review and approval. c) The developer shall replace. the existing street trees with a tree palette commensurate with the buildings architecture and adjacent landscaping theme. The developer shall install a new or upgraded irrigation system to adequately serve the proposed landscaping improvements. d) The developer shall install streetlights along the public plaza, alley, and 11th and 12th Street frontages. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements contained In Fire Department memoranda detect October 4, 2005 and March 21, 2006. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City b) Automatic fire sprinkler system will be required. 6 2006-112 Junc, 20 2C0G P_cAe 7 r.) AU'Linlatir: and rr:arwal fire alarm system -with communications system will be re:.jalreii. d) Smoke control system will be required e) Class t standpipe system will be required Minimum fire flow requirement wilt be 4,000 gpm measured at 20 psi residual with a flow duration of 4 hours. gj Fire Department central control station will be required. h) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 13. Building_ Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the 2001 editions of the California Building Code, the California Iviechanical Code, the California Plumbing Code, the California Electrical Code, and California Tttle 24 energy and handicapped regulations. 14. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the requirements contained in Police Department memorandum dated March 20, 2006. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the requirements contained in National City Transit memorandum dated March 10, 2006. a) Construction of an expanded bus stop at National City Boulevard & 12th Street with a larger shelter {or two smaller sizes) and additional interior/exterior benches and trash containers. This shelter(s) should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. Shelter style should also be considered to fit with the new project and possibly different from existing design. Cost for these upgrades should be borne by the developer. b) NCT should be directly involved during the preliminary and ongoing evacuation of any/all proposed shuttle services within National City. An evaluation should also be undertaken to see if it would be more cost effective for NCT to directly operate this proposed new service in conjunction with our existing fixed route service. One benefit of this concept would be the leveraging component of Transit Capital funds for equipment purchases (including vehicles) and possible availability of FTA and Department of Homeland Security funding and grants as well. c) Evaluate the existing bus stop in front of the NCPD (West side of National City Boulevard) for installation of shelter and bench if warranted. Resolution No. 2006-I 12 June 20, 2006 Page 8 16. Covenants, Conditions. and Restrictions. The applicant shall submit a declaration of covenants, conditions. and restrictions for approval prior to approval of a final subdivision rnap. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, invotved in the common ownership of buildings. streets, parking areas, walks, open spaces, recreation areas, utilities, and comrnon areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 17. Property Owners Association. A corporation, association, property owners group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City ot National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes tor which the district was formed. 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shalt be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 20. Parking District. Pursuant to the implerrrentation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes tor which the district was formed. 21. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estato holders ot the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 8 Resolution No. 2006--112 June 20.2006 page 9 22. Expiration. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless prior to that date a request for a time extension not ew:eeding three (3) years has been filed as provided by Municipal Code Section 47.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 2oth day of June. 2006. ATTEST: 4 f chael R. D.'a. City Clerk APPROVED AS TO FORM: George ET iser, III City Attorney Nick In _u 'a, Mayor 9 Passed and adopted by the Council of the City of National City, California, on June 20, 2006, by the following vote, to -wit: Ayes: Councilrnembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None Abstain: None. AU t HEN FICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-112 of the City of National City, California. passed and adopted by the Council of said City on June 20. 2006. Cty Clerk of the Cityof ational City, California By. Deputy 10 CENTRO- NATIONAL CITY, CALIFORNIA for the constellation property group Consistency Review October 2C0' M AL!_f.^.6Y c...v.. ::M'U:•Yn C.41 YwOwMt✓: \Mr! C: V 1... M 1' LwaLf .lv L, I Lr tv.e ay...ce. ;=m .'[p GVifl.4 a•.4: 10,4':4.M:V,rp. N, .'..Or:r Vx n.ta of xl Ml10*R•4 4r:rW VlCrw<,L <:p:.K. Yl0 t..11, 41.4.. r RI :CCI }Cl ort•• of mn ..Ina4M. WYr1Y L:•.S.R.:•kh rvA rvr... : 4p R/f M•. 4.t• y/.. r .. ..cv w.wnm.. a... r..a.neu,ru: J ].n'<. +.f.. W.f l l..ta'..<..ry :C M% lr:1 .'J} [U.Ir4L1 Y.t4'rCM:L: [nlra .u' .nc I NA. lagt• .r:: kta. ama . V.::nuJ •an. intr 1' •1.• V4r U4.v] DV w: 4251L,11.4.1. ,•.W. 4SP. x9N PO. ...I, . I4Y.r ' MwW .%YRC1 w 340.. �...� :• nc. 41.0 _ .4 er fu. 14.16IA.0.1•. 4 06011:x• Y'w^�.Rrsrnr N.0 :.tMff.UfIJR 44n. Nr Yuw 4,4V✓,4 Y LL0 ,.4XKu1 Ln:.-R,.s• a: rwn ••4f.4.:. w-.xry 6.4 ]off146 :. ur. II rR. I I !I _ ' KVA34_. FAFR IjL• �� t I . ' lan..xil w.>•..s CI41a; xx.a marchose • partners Internatlonel CONSTEL.ATION PROPERTY GROUP (NAT CITY A AVENUEI LP n..f CCVSIS-ENCY REVIEW CENTRO NA -IC NAL CITY CALIFORN-A COVER SHEET SHEE' 0, OF 1 A 1DI EXISTING 1 STOREY HERITAGE BUILDING 773 EXISTING 1 STOREY '� HERITAGE BJIMN r l/rz/rr // 1 r- PRC'OSED CENTRC DE ELOPMENT NATICNAL CITY BOULEVARD l.. 1 I' :narnhua + partners aHarnatlonal .714 TF Y.. I,yl.a%one y� F t� Ont.! CONS: ELLATION PROPERTY GROLP (NAT CITY A AVENJE1.? CCNSISTENCY REVIEW CEN—RO NAT:ONAL C TY CALIFCRNA EiTE PLAN SPEET C3 O' 1C ADJJININO a90PER-v r .-, 5 (n) Y E \ 1 —Lc • % J WOE / PnoDERTY UNE Ii0-3'. E a-577,f AOJ0it. NO PROaalx PRCPERTx IJYE IC0C aawx• AA.111111rw ;I• I i A AVENUE a� • I marchaoe + partners IntematIonal CCNSTELLA-ION PROPERTY GROUP INAT CITY A AV'ENLE; LP CONSISTENCY REVIEW rftaC CENTRO YATIONA:. C•TY. CAL'=ORNIA ..ea'.,. LEVEL ONE SHEET 04 OP w.ro arm Wow NWT IA20• A L. ____ ti • r G,i •�'�rF.yit � Hai is ' ii 4G�1 `Grs • .: 7.1 c lady I - •w.e urrura. wn•.rp ~T MAIM G+m.w I PROPERTY. 4.E 1. 1'" ar t In m.rchnaa + partners International ••7.u + MT"u MT ...M.N. • ...Nwnw CONSTELLATION PROPERTY GROUP (NAT CITY A AVENUE) LP .... CONSIS'"ENCY REVIEW we CENTRO NATIONAL CITY CALIFORNIA LEVEL TWO SNEE' 06 CP 10 dl 1 I m. aeon Atop A I I I ¢ I 6' 2, PROPERTY UNE 1007 . C01.2.VN AREA 62.I.CW c oT: RoPER',L.Na lflO ,. ' en LI: ..: r... .' rii , 1 l.'61'1'1,i1 I r = ;;;:1- -' • :-_, • - •• kr1 ,Ini • 11 II ' ' rit.-IT II • inn r 92-7 I _ il ,acceras-. • . • . 3: I P 0, A • 1.11.••• oro.. march's& partner. I nt•rnallor.al .O•16.1.V.11 • .t. ION SW •••C ANA." •••••••••••••• CONSTELLATICNI PROPERTY GROUP (NAT CITY A AVENUE) LP CONSISTENCY REVIEW CF_NTRO NATIONAL CITY CALIFORNIA :Mnr• --EVEL 3-2 SHEE':C CP 10 %us al, • ,r 06.1 AV 200,2 A 03 A north elevation south elevation 7 _. El 52 ,EVE(. 4 7 EL ♦:... LEVEL 3 EL 3z-:' EL. J:1' EL 5"'A _ ELc"-0' LEVEL `.. 7 EL010 _.•EL: :' EL Z'.0'..._ LEVEL 1 marches* • partners International r Ynt war rir • a,a,, CONSTE_:ATION PROPERTY GROUP CITY A AVENUE) LP CONSISTENCY REVIEyy CENTRO NAT'ONAL C:T' CAU%ORNIA NORTH ANO SOUTH E.EVAT,ON SHEET C8 OF 11 nr.,r :5071 :4101 ro Mf'f��l W,• marcnese • partners International ♦ 1, lfMl`Y CONSTEL.ATION PROPERTY OROUF MAT CITY A AVENUE', LP .1nr EAST ANC WEST ELEVATION SHEET C9 OF " west elevation CONSTELLATIONPROPL„IYGROUP June Ott' 2008 Mr. Ray Pe - Principal Planner City of National City 1243 National City Blvd National City CA 91950 Re: CENTRO - request for extension of time Tentative Map. Dear Ray, (;) On behalf of Constellation Property Group (CPG), I would like to confirm our request for an extension of time for the Tentative Map for the Centro project, located on the proposed A Avenue between 11th & 12"' Street, National City, for a period of two (2) years. The reason for the extension is to allow for the recording of the Final Map at Certificate of Occupancy - scheduled for June, 2009. As agreed between CPG and The City of National City (City), this initiative allows time for CPG and the City to remove R2 from the Centro Tentative Map and in turn the Final Map to make way for the consolidation of R1 (3 parcels), R2 (1 parcel) and that part of the Service Alley falling between R1 and R2. As you are aware, the Centro project is fully funded and CPG's General Contractor, Legacy Building Services Iias commenced Grading and Shoring operations on site. Structural Concrete Permit and Building Permit are scheduled for June / July 2008 allowing completion of construction on the scheduled month for June, 2009. We have requested an extension of two (2) years to allow for any minor delay's in the permitting and construction schedules If you require any additional information on this matter, please do not hesitate to contact me at anytime to discuss. Yours sincerely, Constellation Property Group - Wayne Hann /e'velvp}rfenl Director cc: Paul DeBartolo - Marchese + Partners International Beautiful Australian inspired ultra modem condominiums USA 241 14'° Street San Diego CA 92101 USA TEL 619-234-303 8rAx 619-234.3544 u,f , 3c-.onstetiationproperty.com Australia Level 7. 10i Mount St. North Sydney NSW 2060 Austialio TEL +61 2 9922 43/5 FAX +61 2 9929 5/00 www.constellationproperty.com City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE July 1, 2008 AGENDA ITEM NO. 23 ITEM TITLE TEMPORARY USE PERMIT -- FOCIS Expo hosted by New IIarvest Christian Fellowship at El Toyon Park on August 2, 2008 from 12 p.m. to 4 p.m. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the New Harvest Christian Fellowship to host the FOCIS Expo at El "Toyon Park on August 2, 2008 from 12 p.m. to 4 p.m. 1'he FOCIS Expo is a health and resource fair designed to increase the community's awareness of local healthcare services and the various organizations that are available to them. This event will include services and entertainment, including 15-20 information booths, dunk tank, a toy drive, Christian Rap artists, aerobics instruction, and a break dancing performance. New I larvest Christian Fellowship is anticipating approximately 200-250 spectators at the event. The applicant will provide their own stage, tables, chairs, and a PA system. No food will he provided at the event. The organizer will provide volunteer clean-up crews and tear -down will be completed by approximately 6 p.m. Environmental Review X N/A Financial Statement Approved By: Finance Director 'The City has incurred $345.00 for processing the TUP, plus $372.64 for Public Works. Total fees are77I 7.64. Account No. STAFF RECOMMENDATION Approve the Application for a Special Event Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: New Harvest Christian Fellowship EVENT: FOCIS Expo DATE OF EVENT: August 2, 2008 TIME OF EVENT: 12 p.m. to 4 p.m. APP_RQVALS: PLANNING COMMUNI"IY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE POLICE BUILDING & SAFETY CITY ATTORNEY YES [x] YES [ x YES [x] YES [x] YES [ x YES [ x I YES 1x] YES [x] YES [ x ] YES I x] NO [ NO I N() [ NO I NO [ NO [ NO [. NO [ NO I NO 1 1 1 1 1 1 1 1 SEE. CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: POI_ICF: (619) 336-4400 Two patrol shifts will monitor the event. CITY ATTORNEY Requires an indemnification and hold harmless agreement, 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 he determined by the Risk Manager. BUILDING & SAFETY (6 19) 336-4210 I . The event is in a public park which requires proper notification to surrounding residents. See attached addresses. 2_ Applicant shall not erect any permanent structures. Any structures erected are subject to formal inspection and permitting as required by the CA Building Code. 3. Any structures erected arc subject to safety and compliance inspections. 1 FIRE (619) 336-4550 1. Access to the park to he maintained at all times. 2. Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstnrcted vertical clearance of not less than 13 feet 6 inches 3. Fire Hydrants shall not be blocked or obstructed. 4. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6. Provide a 2A:1 OBC tire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguishers to have a current "State Fire Marshal Tag" attached. 7. Internal combustion power sources that may be used for inflatable rides shall he of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall he conducted only when the ride is not in use. K. Internal combustion power sources shall he isolated from contact with the . public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away frorn the ride. 9. Any electrical power used is to be properly grounded and approved. Extension cords shall he used as "Temporary Wiring" only. 10. A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc. 11. Required inspections taking place, after hours, holidays, and weekends will he assessed a minimum of one hundred ($100.00) dollars. 12. If tents or canopies are used, tents having an arca 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, arc to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A twelve feet separation distance must he maintained between tents and carnqpies. A permit from the Fire Department must be obtained. Permit fee is three hundred and li rty nine ($349.00) dollars. Fees can only be waived by the City Council. 13. First Aid will he provided by event personnel. RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and note that this first-time event will be held on City property at El Toyon Park from 10 am to 6 pm to accommodate set up and clean up. 1'hey anticipate 200-250 people in attendance so this is a smaller event. The applicant sponsoring organization, New Harvest Christian Fellowship, through its Pastor, has signed the Hold Harmless and Indemnification Agreement; however no insurance certificates have been provided -probably since the event is so far oft. For this event, we should require commercial general liability coverage with minimum limits of one million dollars (S1,000,000) per occurrence. 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 he provided, along with the certificate (acord form) prior to the event. I've spoken with the event coordinator and advised her that we will NOT permit the climbing wall due to liability concerns. This needs to be deleted from the application. In addition, while we approve the use of the "bounce houses", a certificate of insurance from the vendor must he provided prior to the event. Minimum liability limits of one million dollars ($1,000,000) per occurrence must be provided. PUBLIC WORKS 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: Parks Division 1. The cost for this event is as follows: • 1 staff (overtime) 8 lus (n) 146.58711r — S372.64 2. Applicant will need to obtain a permit from the ('ommunity Services Dept. for the Inflatable Jump. Street Iivision No Involvement Facilities Division No Involvement Fees Unless waived by the City Council, the applicant shall pay $372.64 for staff costs associated with this permit request. 3 ® Fair/Festival City of National City • Building & Safety Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4210 TEL • (619) 336-4217 www.ci.national-city.ca.us ❑ Parade/March ❑ Walk or Run ❑ Concert/Performance Lj Outdoor Market ❑ Sporting Event Event Name & Location ❑ Other (specify) Event Title 6060 ( -4.64-7 21u. l'c�r+� r� ca Irzy join r/ 0. n / / • Sim1e- 9 Event Location (list all sites being requested) � Pam? K " »i°r �r /At 0s7 Event Times Set -Up Sta is Date . b f �1(' Time ft, Day of Week Event Start Date g-2-/O Time /' - i/9 '1 Day of Week sir Event Ends . S Date _V-7/ b' Time / join Day of Week Breakdown Ends Date . I i' Time W lM Day of Week •S r A• •licant Information Applicant (Your name) A/l/ 4-i-4 //Sponsoring Organization /1/6) Event Coordinator (if different from applicant) ^// `,✓%r� Mailing Address / ' F. 235 Day Phone Zy 61 After Hours Phone y79-0144- Celt . l2,74/5-7 E-mail jl�r✓P•��.5 t' rlahcYo. (awl • Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all Toss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's tees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but riot limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent perrnitted by law. EiLD1NGANDSM' 'r( GEP7 RECEIVED APR 3 0 MooB ,iAT4OfdAIL Gsn, Cam, trz—sh1 p Public Information Phon Fax`��2/1-64,C2-- The undersigned also understands and accepts the City's refund policy for facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: - _ Date //. / Event Title: Proposed date/time of event: Location: Hosting Organization: Points of Contact: Goal/Objective: Key Partnerships: Planned Services and Entertainment: FOCIS Expo August 2, 2008 12:00pm - 4:OOpm El Toyon Park, National City, CA (Euclid Ave to U Street, between Division and 4«' Streets) New Harvest Christian Fellowship (NHCF) 950 South Euclid Avenue, San Diego, CA 92114 Phil Aguilar - Program Director/Pastor - philaq 1@vahoo.com Joni Ontiveros - Event Coordinator - ji ontiveros@vahoo.com To establish and increase community knowledge of available healthcare services and community organizations. To promote cooperation between residents, local healthcare agencies and community based organizations. San Diego Blood Mobile Paradise Valley Hospital Children's 10 Mobile American Diabetes Association American Red Cross Family Health Centers Women Infant & Children Black Infant Care Prison Fellowship Dental Hygiene Program (SWC) Comprehensive Health Aging and Independence San Diego Eye Bank Jacobs Center Second Chance Legal Aid Society Community Residents American Heart Association The Trinity House Fingerprinting/Child ID Kits Community Services Information booths Free Health Screenings i.e. Cholesterol Kidzone to include games, face painting, bouncers and more Youthzone with Rock Wall, Dunk Tank and "clean" Graffiti Toy Drive for upcoming Angel Tree Christian Rap Artists Aerobics Instruction Step and/or Breakdancing crew New Harvest Christian Fellowship Reaching Our communities, Reaching the World • 950 South Euclid Avenue, San Diego, CA 92114, - P.O. Box 2355, National City, CA 91951- April 30, 2008 City of National City Building & Safety Department National City, CA 91950 RE: Special Event Application — FOCIS Expo @ El Toyon Park Dear City departments: We are looking forward to hosting our first health and resource fair on August 2, 2008. FOCIS is a non-profit community resource organization. It is an extension of New Harvest Christian Fellowship (NIICF). Our physical address is located in Southeast San Diego, just 2 two city blocks North of Division. For many years we were located in National City, and many of our members still live in the area. El Toyon Park has wide open spaces, is easy to access, and it's close to us and the communities we support with our youth programs, recovery programs and more. "There are often activities and special events at Kimball and Las Palmas Parks as well as the North end of Euclid with the Market Creek and Jacobs Center developments. However, there are not many events happening in the immediate area of Division and Euclid Avenue. Our event will bridge our neighbors with a host of health services and professionals as well as numerous community resources specifically equipped to improve their lives. Attached to this letter is a check in the amount of $345 (application fee), an outline of our proposed event, a Special Event application, and a layout of the park area with our plans for designated areas i.e. booths, stage, youthzone, kidzonc and toy drive. It is my understanding that fee waivers are no longer available for non-profit organizations. Perhaps during the review of our application, you can make a recommendation for help with funding, grants and the like? Our event will have a rock wall, dunk tank, booths, a stage and more! 'I'he park areas we want to use are normally barricaded with metal gates. They arc paved and the perfect size for our plans. We have a zero tolerance for alcohol and drugs and noise levels will he reasonable in consideration of our neighbors around the park. Please do not hesitate to call us at (619) 266-8611 for additional information. We are truly looking forward to working with the City of National City and our community! 11 things for good, j.._ s. Joni Ontiveros vent Coordinator FOCIS/NHCF San Diego BUILDING AND SAFETY DEPT. RECEIVED l '„ 3 0 Z008 NATIONAL CITY, CALIF. Special Event Application (continued) e anlorma on you prov de vs Description of Event • First time event (include site map with application) ❑ Returning Event Note that this description may be published in our City Public Special Events Calendar: FOCIS Expo — Establishing and increasing community knowledge of available healthcare services and community organizations. Promoting cooperation between residents, local healthcare agencies and community based organizations. Estimated Attendance Anticipated # of Participants: 20-25 Anticipated # of Spectators 200-250 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? ❑ List any streets requiring closure as a result of the event (provide map): Date and time of street closure: _ _ Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes ■ No ❑ In Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): East side of "U" Street, between Division and 4`h — parking for vendors and media • Other (explain) Access to both "blocked" parking areas in park area ❑ No notices to be posted Securit and Crowd Control Requesting Police Services? Yes ❑ No I Number requested? If yes, please indicate the type of police services requested: Senior Patrol ❑ Reserve Officers ❑ Explorer Cadets ❑ Other _ 8 Special Event Application (continued) Please describe your procedures for both Crowd Control and Internal Security: We have 2 off duty security guards willing to volunteer their services. Normal police patrol of the park will be sufficient security. Have you hired Professional Security to handle security arrangements for this event? Yes ❑ No • If YES, name and address of Security Organization _. Security Director (Name): __ Phone: It using the�ce servs of a_professional security firfn D the evenf'will occur on City property,:ploae provide a copy of ifs insurance certificate; evidencing IiabUity Coverage wfth limits of at feast $1 Million doltars per occurance/$2,Mi lion dollars aji`egate; as well as an addrtwnaf Insured endorserrienLy �. .t'iaming.the City atio of Nnal City, -its officers, employees and a$ert(S:as additional: insureds • Evrdence,o insuranceust mbe rov pidod by the vendor or, its insurer to ffi'e City's Ristc Manager for review' an approvalpnorto~tbe event, Is this a night event? Yes ❑ No If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: _ .. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment: We will have a specific area designated as the First Aid Station. There are three individuals in our group that are First Aid/CPR certified and they will provide coverage in this area. First Aid • First aid station to be staffed by event staff? First aid/CPR certified? Yes I.) No ❑ First aid station to be staffed by professional company. ► Company ❑ No first aid station at event Accessibilit Please describe your Accessibility Plan for access at your event by individuals with disabilities: Public park provides ramped sidewalks for wheelchairs, booths will be set up on paved area in park (off "U" Street). Elements of our Event Setting up a stage? ❑ Requesting City Stage; if yes, which size? U Dimensions (13x28) ❑ Dimensions (20x28) Applicant providing own stage ► 16' x 10' x 3' (Dimensions) ❑ No stage at event Special Event Application (continued) Setting up tables and chairs? ❑ Furnished by City # of tables ❑ No tables being set up # of chairs 111 No chairs being set up ▪ Furnished Icj A�pticantontractor 20 _ It of tables ❑ No tables being set up 50_ # of chairs ❑ No chairs being set up Contractor Name N/A Contractor Contact Information N/A Address City/State Setting up other equipment? ❑ Sporting Equipment (explain) ■ Other (explain) Canopies with 10' spaces between ❑ Not setting up any equipment listed above at event Having amplified sound and/or music? • PA System for announcements • CD player or DJ music ❑ Live Music ► ❑ Small 4-5 piece live band ► ❑ Large 6+ piece live band • Other (explain) Christian Rap artists, a guitarist, breakdancers and Aerobics ❑ No amplified sound/music at event If using live music or a DJ. ► Contractor Name Our DJ is our Pastor's daughter ;) Phone Number Address City/State Phone Number Using lighting equipment at your event? ❑ Bringing in own lighting equipment ❑ Using professional lighting company ► Company Name Address • No lighting equipment at event City/State Phone Number iD Special Event Application (continued) Using electrical power? ❑ Using on -site electricity ■ Bringing in generator(s) ❑ For sound and/or lighting ■ For sound and/or fighting Having, selling and/or information vendors at your event? PLEASE N[ 1rlEw YO s mays an,awayAUrEng 7/8 in Specfat Ev4nt9eide .Farm Pe rmit, pteage, ontact the G' ounty of San ❑ For food and/or refrigeration ❑ For food and/or refrigeration ore temporary h alth perm if=food or,beverages e s hatioe' on; page ormation ottobtainung a temporary fieattfi , 8iegp Envlr-onmental Healthat{6191038- ❑ Having food and non-alcoholic beverages at your event? ❑ Vendors preparing food on -site ► # _ ► Business License # If yes, please describe how food will be served and/or prepared: ❑ Vendors bringing pre -packaged food ► # _ ► Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (Le., bottled water, can soda, etc.) ► # _ ❑ Vendors selling food # ► Business License #(s) ❑ Vendors selling merchandise # I. Business License if(s) _. ❑ Food/beverages to be handled by organization; no outside vendors ■ No food at event ❑ Vendors selling services if ► Business License #(s) ► Explain services Vendors passing out information only (no business license needed) #_.. ► Explain type(s) of information Brochures, pamphlets with information about their programs and services, free health screenings ❑ No selling or inforrnational vendors at event I Special Event Application (continued) Having children activities? f?LEASE Noyaiin tfhc c rent rotfatable jumps are rgvt¢�gd:;a requires.c rnn uaI [fats ;b < rsu iwith Wiftv dollars aggregate `)n id • n he (,it f Na onat,c;ty' ast pursu nt'to a separate en`dorserrient, wilietr stiatt be provide Risk�MariagQr otxt with t e C,eri�ticate ot_tnsrar should be filed out at as one wee prior to the . ' application. For1:questioi s'orto obtain a3,copybi the "E Community Services Departrriettt at (8t9) 33. 3290 y Inflatable bouncer house # 2 ❑ Inflatable bouncer slide # t, The City of Rtatronal=City ' oNat&ter oG ►r ence/$2 Msition_;` as as 4ddittp al Insured , fvendor_or its starer to the fi is tnt;The aA, ,! Fat _o o ass the perm_'t. ease cehtact # III Rock climbing wall Height 25' Arts & crafts (i.e., craft makin face paintin, tc.) • Other Dunk Tank in Youthzone (182South) ❑ No children activities at event Having fireworks or aerial display? WA ❑ Vendor name and license # Dimensions Number of shells Duration Max. size PInE,A�S .ipIE:. ;In the event f)rew,QrK of anotheanal fis`play twinned for your ievent The Cityof Nation Ctty requires eomfttercftal 1' drty to 4 vv` �rrrrrt t ai#easi $2 Million dollars perq j{s„ �„ n oecujdnrcei`4 agate , a t rr, ttreity oix Uortal �;rty must be named aster ,+ Additio t Insured pursu nt t�,a epara)eaenctorse ,ant, which shall be prQvrded . ythe vendor i isttr r to the Crty's Risk t Aatrage .a ong with the ertificate of=tasrirarrce tqr approval event. Depenniing',pr (he iiei ar�dlor natures oY tta�e fireW�z c the City reserves the i request hrgher Itat t r y i�rru�i T44efie vendor rriust also: obtarct a fareworks permit tr'o n l(ie N tr( par rnent ink1 ttfe oosf s 9.00 Arranging for media coverage? 111 Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe ❑ No, not arranging for media coverage l2 Special Event Application (continued) E: For Citypon orod or co spon ores! evonfs, b ntiers ubl ciztng tt}e evert may be e ns}tag polesb it'e; f btibbi arfd.31001 fo_ ck of National Gity`f�ttgvard Th banners :the Ctty �pectfi ttdtis. Please refe iddittelial infotmatior r ` ❑ Yes, we will post signage # ❑ Yes, having inflatable signage # • Yes, we will have banners # 2 • What will signs/banners say? FOCIS EXPO (Family Services) • How will signs/banners be anchored or mounted? Tied and tied down in grassy area by Euclid Ave ❑ No signage at event ❑ No inflatable signage Waste Management Dimensions ► (comp lete Inflatable Signage Request form) Outreach & Community Intervention to chain link fence on 4'h St., posted PLEASE NOTE ".One toilet for every 250 peoptexs recItigd; urEless ttre'applicant can, show that there "are•suflieientsfas ilitiek in£the,imm diateareaevar(able to tiie ubGgdt g.,the event ❑ Are you planning to provide portable restrooms at the event? If yes, please identify the following: ► Total number of portable toilets: ► Total number of ADA accessible portable toilets: ❑ Contracting with portable toilet vendor. ► ► Load -in Day & Time ► Load -out Day & Time ❑ Portable toilets to be serviced. I. Time Company Phone Set-u •, Breakdown, Clean-up Setting up the day before the event? LI Yes, will set up the day before the event. ► # of set-up day(s) 1111 No, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (Contact Public Works at 619/336-4580) ./ No, vehicles will load/unload from nearby street or parking lot. t.3 Special Event Application (continued) Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s) ▪ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews ▪ Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: In addition to the FOCIS EXPO, there are approximately 100 Christian bikers coming in from the Moreno Valley area. There is NO need for special traffic control or street closure. They will come in on 805 South, exit on Palm to Division to U Street and then the park. They will share parking area closest to 4`h Street with fowriders. They are bringing gifts for our Angel Tree families. The families we serve every year are from the 91950 and 92114 areas. We will have a U-Haul in the parking lot to collect all toys and clothing for transport back to our church property at 950 S. Euclid Avenue (by Logan Ave.) Please refer to attached event outline (including expectations for vendors, artists, and volunteers) and an layout (placement of stage, booths, youthzone, kidzone, etc). Please make a copy of this application for your records. We do not provide copies. t�i City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization i C h es774 U Person in Charge of Activity ifMtZti4 K-<--. Address Telephone (6,t J?s�U Date(s) of Use =C .2/-9767 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date s (57) 4//.3a/s For Office Use Only Certificate of Insurance Approved Date 5- Non-profit organizations 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 SEP is sought sponsored by a organization? XXX Yes (proceed to Question 2) No (Please sign the form and submit it with the SEP Application) 2. Please state the name and type of organization sponsoring the event for which the SEP is sought and then proceed to Question 3. Name of the sponsoring organization New Harvest Christian Fellowship hrp Type of Organization Church (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) XXX No (Please sign the form and submit it with the SEP Application) 4. Will the proceeds provide a direct financial benefit to an individual resides in or is employed in the city, and who is in dire financial health reasons or a death in the family? ctal due to need who Yes (Please provide an explanation and details. No (Please proceed to Question 5) Icy 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 (Please sign the form and submit it with the SEP Application) Signature: �- - _ Date:.__idvir /? City Department Routing For Office Use Only Event: Department: Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: _ Approved: Yes No Vote: Tony Garcia, Acting Director Building & Safety Department I� e. 1/1 s 7 - ,30,,: 577475 C - ,z,N s ,CAi ig-(a'd kcdz' i / s F - ` ou-I zcwe b)J ijiL 1.-/gpaw AL City of National City, California COUNCIL AGENDA STATEMENT .dEETING DATE July I: 2008 AGENDA ITEM NO. 24 ITEM TITLE TEMPORARY USE PERMIT — 16'h Annual Fiesta Filipiniana-Mexicana Karaoke Competition hosted by the Seafood City Supermarket on August 2, 2008 from 11 a.m. to 8 p.m. at 1420 Plaza Blvd. with no waiver of fees. This agenda item is being revisited due to a change in the event's hours of operation. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request Isom the Sealbod City Supermarket to conduct the 16th Annual Fiesta Filipiniana-Mexicana Karaoke Competition at 1420 Plaza Blvd on August 2, 2008. Set-up for the event begins at 10 a.m. and the actual event runs from 11 a.m. to 8 p.m. This yearly event will include food canopies, a DJ, live music, and of course Karaoke entertainment on a stage supplied by the sponsor. This item was previously presented during the June 17 City Council Meeting. but the organizers wished to change the time and date of the event. The sponsor has not requested a waiver of fees. I\ J Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the 'WY through various City departments, plus $449.00 for the Fire permit and inspection. Total fees are $794.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of tees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Seafood City Supermarket EVENT: 16'h Filipino -Mexican Karaoke Competition DATE OF EVENT: August 2, 2008 TIME OF EVENT: 11 a.m. to 8 p.m. APF ALS; PLANNING YES x ] NO [ ] SEE CONDITIONS [ COMMUNITY SERVICES YES x 1 NO [ ] SEE CONDITIONS [ RISK. MANAGER YES x J NO [ ] SEE CONDITIONS [ x ENGINEERING YES x ] NO [ ] SEE CONDITIONS [ PUBLIC WORKS YES x ] NO j j SEE CONDITIONS j FINANCE YES x J NO [ ] SEE CONDITIONS [ FIRE - YES x ] NO [ ] SEE CONDITIONS [ x HI111.I)ING & SAFETY YES x NO [ ] SEE CONDITIONS [ x POLICE YES x ] NO [ ] SEE CONDITIONS [ ('II'Y ATTORNEY YES x J NO [ J SEE CONDITIONS J CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held entirely on private property. "There does not appear to he any liability exposure on the part of the City in terms of street closures, impact to traffic, vendors or facilities. The certificate of insurance which is attached provides the required coverages however the dates of coverage for the liability, excess liability and auto policies will have expired prior to the actual event. The organizer, Seafood City, must request and provide a current certificate of insurance prior to the event. In addition, we need a copy of the actual._ additional insured endorsement in favor of the City, as the certificate alone is not sufficient to bind the coverage. The evidence of Workers' Compensation coverage meets State requirements. Otherwise, I have no objection to the proposed use. 1 FIRE (619) 336-4550 1. Access to Seafood City and surrounding businesses to be maintained at all times. Access to Fire Department connections for fire sprinkler systems, standpipes, etc. must be clear and unobstructed.. 2. Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3. Fire Hydrants shall not be blocked or obstructed. 4. Participants on foot arc to move immediately to the sidewalk upon approach of emergency vchicle(s). 5. Vehicles in roadway are to move immediately to the right upon approach of emergency vchicle(s). 6. Provide a 2A:1013C fire extinguisher at stage. Extinguisher to be mounted in a visible location between 3'/?` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7. - A fire safety inspection is to be conducted by the Fire Department prior to operations of the competition to include all booths, roadways and stage area. 8. Required inspections taking place, alter hours, holidays, and weekends will be assessed a minimum of one hundred ($ 100.00) dollars. 9. Fees must be paid to the Fire Department Administration Office prior to event occurrence. 10. Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring Only". 1 I . if tents or canopies are used, 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 be flame-retardant treated. An approved State Fire Marshal seal shall he attached. 12. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Permit fee is three hundred and forty nine ($349.00) dollars. 13. Fees must be paid to the Fire Department Administration Office prior to event occurrence. 14. First Aid will be provided by Filipino Nurses Association. 15. Fees can only be waived by City Council. BUILDING & SAFETY (619) 336-4210 1. Applicant shall not erect any permanent structures. Any structures erected are subject to formal inspection and permitting as required by the ('a Building Code. 2. Any structures erected are subject to safety and compliance inspections. City of National City ■ Building & Safety i.;partment 1243 National City Boulevard • National City, CA 91950 (619) 336-4210 TEL r. (619) 336 4217 www.ci.national-city.ca.us Specials Event 4 pplication Type of Event ❑ Fair/Festival ❑ Parade/March ❑ Walk or Run LB oncert/Performance Nir Outdoor Market ❑ Sporting Event ❑ Other (specify) Event Name & Location Event Title %6 t A.)-wkr,Y._ 7-i CZ:L� - �; GiR ci d Q CC/ ce C< it,c2v C • �' Event Location (list all sites being requested) h a- 7-< cf) ci/ 94-a Event Times Set -Up Starts , Date T /2 zsa" Time �f Day of Week 64-�,f Event Starts Date 1d,,2oc$ Time Day of Week --g'l Event Ends �i pin,. • t Date Tut•Li 12, .Z of 6 Time "j � ..__ . Day of Week Ski-�.,olR.y__ Breakdown Ends J Date Time Day of Week Applicant Information 'iIfVO 'Am 1VN OliVN Applicant (Your name) S(ASat . ctt&S .ar.roS Sponsoring Organization Sesg-000e- Ct, '- Event Coordinator (if different from applicant) ^�- Mailing Address . tP d ' g.e)�c. ?,E /11 - G. C/ cLC,� Day Phone (j)'177-07After Hours Phon(6// ) q 'q /t;ellU6/1)) - Fax(fly) 4 *1 /0.2 4t/60 Public Information Phon6/ f) 1 )9-./0n O E-mail U aodS.e{- ockop - Applicant agrees to investigate, defend. indemnify and hold harmless the City. its officers, employees and agents from and against any and all loss, damage, liability. claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. The undersigned also understands and accepts the City's refund policy for facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: cQ f �ry [. ..- - -.- .. . Date Special Event Application (continued) Please t'uniplete the followmg.sectigrls With as tnur4detail as possible since fees and>•i based on the information you provide us.% • `" Descri•tion of Event ❑ First time event (include site map with application) Returning Event Note that this description may be published in our City Public Special Events Calendar: Estimated Attendance tu, cnertts a e ZX Anticipated # of Participants: /S - 40 Anticipated # of Spectators /00 ` _ Traffic Control, Securit . First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? ❑ List any streets requiring closure as a result of the event (provide map): T--/ A Date and time of street closure: Date and time of street reopening: '7-/i4 ❑ Other (explain) 'h Requesting to post "no parking" notices? Yes ❑ No U ❑ Requested "No Parking" on city streets and/or parking Tots (list streets/parking lots) (provide map): 7\--/A - - ❑ Other (explain) ❑ No notices to be posted Security and Crowd Control oe,,,uraS. v•-t•cv-r a Requesting Police Services? Yes ❑ No [Number reuiLquestA %�c t"'� If yes, please indicate the type of police services requested: Senior Patrol U Reserve Officers ❑ Explorer Cadets ❑ Other 4 Special Event Application (continued) Please describe your procedures for both Crowd Control and Internal Security: Have you hired Professional Security to handle security arrangements for this event? Yes [pjV-No ❑ If YES, name and address of Security Organization /° �± Security Director (Name): _ Phone: If using the services of a professional security firm AND the event will occur on City property, pteae provide a copy of its insurance certificate; evidencing liability coverage with limits of at least $1 Million dollars per occurancel$2 Million dollars aggregate, as well as an additional insured endorsement naming the City of National City, its officers, employees; and agentsas additional insureds. Evidence of. insurance must be provided by the vendor or its insurer to the City's Risk Manager for review and approval prior to the event. , ,/ Is this a night event? Yes [Of No ❑ If YES, please state how the evQnt and surrouncjing area will be illuminated to ensure safety of the participants and spectators: a :t v tl t AA_ oLktA-Ge_i Please indicate what arrangement you have made for providing First Aid Staffing and Equipment: .2t C rk �C�,r lL ., a o ff 1) cr>, ..PA,-K . First Aid First aid station to be staffed by event staff? First aid/CPR certified? 04es ❑ No ❑ First aid station to be staffed by professional company. ► Company . ❑ No first aid station at event Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: au" Ga-... cic oir Elements of our Event Setting up a stage? ❑ Re esting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x28) L`' Applicant providing own stage ► (Dimensions) 0 No stage at event Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) Special Event Application (continued) Setting up tables and chairs? ❑ Furnished by City # of tables # of chairs ❑ No tables being set up ❑ No chairs being set up Furnished by Applicant or Contractor g_...__ # of tables ElNo tables being set up / .'# of chairs ❑ No chairs being set up Contractor Name fq 7 _ - & Lz, /� Contractor Contact Information 0,7-Q,(Q2 b 2d Gi Vt ✓c Addres 0 . t/ crl City/State 9/9/0 nJA T /t, Tco ❑ Not setting up any equipment listed above at event Having amplified sound and/or music? (�PA System for announcements D'C//D player or DJ music Live Music ► ❑ Small 4-5 piece live band ► ❑ Large 6+ piece live band ❑ Other (explain) ❑ No amplified sound/music at event If using live music or a DJ. ► Contractor Name Address City/State Phone Number Using lighting equipment at your event? ❑ Bringing in own lighting equipment ,_,/ "of s 0: -". L� Using professional lighting company ►Company Name G1. k x(m Plinra h (76c) 5./3 Address City/State Phone Number 111 No lighting equipment at event b Special Event Application (continued) Usm electrical power? Using on -site electricity 12.or sound and/or lighting ❑ For food and/or refrigeration Bringing in generator(s) ttd'For sound and/or lighting ❑ For food and/or refrigeration Having, selling and/or information vendors at your event? PLEASE NOTE: You may be required to apply fora.temporary health permit if food or beverages are sold of given away during your special event Also see `Permits and Compliance' on page 7/8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363. fj "Having food and non-alcoholic beverages at your event? -ocrd • Vendors preparing food on -site ► # __ ► Business License #_ If yes, please describe how food will be served and/or prepared: TVA ❑ Vendors bringing pre -packaged food ► # ► Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # ❑ Vendors selling food # ► Business License #(s) ❑ Vendors selling merchandise # _ I. Business License #(s) ❑ Food/beverages to be handled by organization; no outside vendors ❑ No food at event ❑ Vendors selling services # _ P. Business License #(s) ► Explain services [Vendors passing out information only (no business license needed) # I. Explain type(s) of information � 1) ,� 1)11/1.0 El/No selling or informational vendors at event U Special Event Application (continued) Having children activities? PLEASE NOTE: In the event infiatable.jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $t Milfton 1Offars pet:occurrencef$2 Mi{tion dollars aggregate. In addition, the Cityof National City must be named as,an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior. tolhe event. The application should be filed out at least one week prior to the event. There is a $25 fee to process the permit application. For questions or to obtain a`copy of the "Facility Use.Applicatfon", please contact the Community Services Department at (619) 33673290. Inflatable bouncer house # ❑ Inflatable bouncer slide # ❑ Other ❑ No children activities at event Having fireworks or aerial display? ❑ Vendor name and license # Dimensions Number of shells ❑ Rock climbing wall Height ErrArts & crafts (i.e., craft making, face painting, etc.) n/A Duration Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event,. The City of National City requires commercial liability insurance with limits of at least $2 Milken dollars per occurrence/ $4 Million dollars aggregate. In addition; the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shalt be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City, reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $349.00. Arranging for media coverage? 121/Ces, but media will not require special set-up ❑ Yes, media will require special set-up. Describe ❑ No, not arranging for media coverage Special Event Application (continued) Event Signa•e PLEASE NOTE: For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information. ❑ Yes, we will post signage # Dimensions ❑ Yes, having inflatable signage # ► (complete Inflatable Signage Request form) Il Yes, we will have banners # ❑ What will signs/banners say? ❑ 'tow will signs/banners be anchored or mounted? El No signage at event ❑ No inflatable signage Waste Management PLEASE NOTE: One toilet tor .every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event. ❑ Are you planning to provide portable restrooms at the event? If yes, please identify the following: ► Total number of portable toilets: O. Total number of ADA accessible portable toilets: _ ❑ Contracting with portable toilet vendor. ► N. f A ► Load -in Day & Time ❑ Portable toilets to be serviced. ► Time Set-u •, Breakdown, Clean-u • Company Phone ► Load -out Day & Time Setting up the day before the event? ❑ Yes, will set up the day before the event. ► # of set-up day(s) [4.1o, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (Contact Public Works at 619/336-4580) ✓Lf No, vehicles will load/unload from nearby street or parking lot. Special Event Application (continued) Breaking down set-up the day after the event? n Yes, breakdown will be the day after the event. IN. # of breakdown day(s) n No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews Using volunteer clean-up crew during and after event. a- d .L- 4)d c l c tL i f j uv ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 10 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City. its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Jc Person in Charge of Activity ie---Ux9' Address (cx) 9.- 3 N ' C - Telephone((1j o-�- ` tt d o _.. Date(s) of Use CA 9 f 97.1-6 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property. the undersigned hereby agree(s) to defend. indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both. or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. tea_ cA�m- Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date tt / A Non-profit organizations 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 SEP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) / ✓ No (Please sign the form and submit it with the SEP Application) 2. Please state the name and type of organization sponsoring the event for which the SEP is sought and then proceed to Question 3. Name of the sponsoring organization . -TVA Type of Organization _ (Service Club, Church. Social Service Agency, etc.) v/4 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) _ No (Please sign the form and submit it with the SEP 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) IZ 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 (Please sign the form and submit it with the SEP Application) Signature: __. Date: 13 C%tlu nepartoketnt R.outi,o,e for o (ice LAse ov► (I� Event: Department: Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: __Yes Vote: Tony Garcia, Acting Director Building & Safety Department 1� ACORD CERTIFICATE OF LIABILITY INSURANCE ¶m JE1 °"�`"°°°"'"" Fo>Erx1-1 05/01/08 PRODUCER THIS CERTIFICATE I3 I83UED AS A MATTER OF WFORMATION Chamber Benefits Ins. Program ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE icense No. 0084263 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR .0. Box 124640 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92112-4640 Phone: 619-683-9990 Fax:619-683-9999 WISURERS AFFORDING COVERAGE MACS VISORED Fortune foods Inc. Fortune Managwent CO. Inc. Mr. Lito Hontiveros 2883 Surveyor Street Pomona CA 91768-3251 COVERAGES NSURERA Arg,naut Groat Control Ion co INSURER R- ft.—Ito/trek! Inaurooc.. c rpascy I INSURF,R C NSURER D INSURER E THE ANY MAY POLICIES. POLICIES REQUIREMENT. PERTAIN, • OF NSUNAt/CE LISTED BELOW I IAVE BEEN ISSUED /0 TFE INSURED NAMED ABOVE FOR THE POLICY PERIOD IHDICAIED. NOTWtTHSTANINNO TERM OR COJIDD oN OF ANY CONTRACT ON On ER DOCUMENT WRH RESPECT TO WHICH DNS CERTIFICATE MAY 8E ISSUED OR THE VtSL1RANCE AFFORDED BY TIE POLICIES DESCRIBED HEREIN E SUBJECT TO All THE. TERMS. EXCLUSIONS AND CONDITIONS OF SUCI t AGGREGATE LE NTS SEOWN MAY HAVE BEEN REDUCED 8Y PAM CLAMS. TYPE OF INSURANCE POLICY NUMBER vorm YE DATE ItN V YY) POLICY EXPMATION DATE (tp1DpYn LBBTS GENERAL UAQ7UTY EACH OCCURRENCE $ 1000000 LJ,wAbtTUHOWIELs— Xloom ERCIALGENeiALLIAIIIGY FM915148602 06/03/07 06/03/08 KmwsFS(Ceomierw) $ 300000 I CLAMS MADE 1 - 1 OCCUR M M MED EXP PRAM person) f Excludd e _ _ PERSONAL &ADvINJURY S 100 000 0 _ Y $10,000 BI/PD Ded GENERAL AGGREGATE 35000000 I GENL AGL;f1EGATC LMT APVUES PERI PRO DIX is-co16VOP coI s 2000000 X KRICY ,ICI r LOC �. • Ben. 1000000 AUTOMOBILE W90.ITY COL:WICosMGLELIMR A X ANYm(TO BA915148602 06/03/07 06/03/08 (E, xzltHar) s1000000 ._ ALL OWNC-0 AU IOS BODILY INJURY -- J SCHtFOI)LED MJI OS IFat Petarn) X HNE0 AUTOS teem OWI4FD AU10S BOOZY INJLRY axk (Per�'� I PROPERTY DAMAGE (Pa acoa®r) $ GARAGE UA9UTT AUTO OM Y - IA ACCIDENT S ANY AUTO OTHER THAN EA ACC 9 1111 AUTO ONLY: A(iG $ ocCESSAANNEELLA LIABILITY FJI(.>/ OCCURRENCE $ 10000000 A B1 occuR L 1 cLAwswADE M8915148602 06/03/07 06/03/08 IACCREGATE_ $10000000 $ 1.- 1 DEDUGrtmE s IX Ht TENr10N s 10 , 000 WORKERS COMPENSATION AND A 10KY UNNI-ITS , , ER 8 6wLDtERSLIABILITY ANY PROPRit IMPART/1CA/EXECU-INF WC0173305 12/01/07 12/01/08 F L EACHACCDENT 31000000 OFFICER/MEMBER EXClIA1FD7 — I DISEASE- EA EMPLOYEE) S 1000000 SSPECIAL PPROVIS erLNNS t�bv C I los ASE - POLICY LP I $ 1000000 OTHER — OE9CRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADOEO BY INDORSEMENT / SPECIAL PROVISIONS Certificate holder is named as an additional insured, but only as respects the operations of the named insured with respect to: Fiesta Filipina Mexicana, to be held July 12, 2008 at 1420 E. Plaza Blvd. National City CA in the parking lot. *10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER r CANCELLATION City of National City 243 National City Blvd. National City CA 91 950 ACORD 25 (2061/08) CITYNAT SHOULD ANY OF THE ABOVE OESCRIBEO POLICIES RE CANCB-LED BEFORE TIE EXPIRATION OATE YNMEOP. Tic Muse" •InuNen well eNnanvon ro moo- 30. onyn ww.r.v. NOTICE TO THE CERTIFICATE WOLVER NAMED TO THE LEFT. RUT FAILURE TO DO 90 SHALL LOBE NO OBLIGATION OR UABILHY OF ANY HIND UPON THE INSURER. ITS AGEJITS OR REPR68ENTATNES. .$ ACORD CORPORATON 1982 ACORD_ CERTIFICATE OF LIABILITY INSURANCE CPO JE FOR'AI-1 PRODt>crs Chamber Benefits Ins. Program License No.. 0084263 P.O. Box 124640 San Diego CA 92112-4640 Phone:619-683-9990 Fax:619-693-9999 INSUREEI Fortune Commercial Corporation Fortune Management Co. Inc. Mr. Lito Hontiveros 2883 Surveyor Street Pomona CA 91768-3251 DATE mametYYYn 05/01/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TIE POUCIES BELOW. INSURERS AFFORDING COVERAGE MSURF.RA A,.n,,,aut uraat Oantcat Ins G, PLSURFRB. Sprvgfi•1d lasurany CAE/Any INSURER C: -- --- mSURER O INSURER E. NAIC F COVERAGES OIE Pot AAY REOH NAY PCRTAIN, POLICIES. ICES OF lNSAt WCE LISTEDBELOW NAYS REuun. TERM OR CONORION OF ANY TIE INSURANCE AFFORDED UY TKE AGe. PGA1E I.INRS S/IOVIN IMY Nm0E BEEN ISSUET) TO THE INSURED NMWD CONTRACTOR OTHER UOCUUENT WTn POLICES DESCRIBED tI REIN IS SU8IECT BFEN RCDUCFD 8Y PAID CLAIY8. ABOVE FOR T.E.. POUCY I RTsPF.CT TO WHICH TO ALL MI, I ERIaS, (moron'mm PERIOD INCICATEO. NOTWITHSTANDING THIS CERTIFIIATE MAY BE ISSUED OR EXCLUSION$ ANDCONDITIONS OP SUpt LTR TYPE Of IN9I omm POLICT mamma I , , '- u.. A X G6NF�Utt.L.MBLTTY X _ X G�ENL cat wERcw GENERAL tt telLm CLAIMS MADE Lz ! OCCUR FM915148602 06/03/07 06/03/08 1....... s 1000000 ,,... . . nw. e LPRE I MED EXP (My ov Ms..: 5300000 S Excluded S 1000000 L^ERs0NAL A ACV DtJURY 410, 000 BI/PD Ded I l NFRAI aGGKt m $5000000 52000000 AGGREGATE L MT APPLIES VER'. I POLICY n . ! ; LOC I PRODUCTS- CUNSYOP AGO � )L I Ben . 1000000 A MTTOWNWE X_ _ 1 .._ $ $ LIABILITY AKYAl1T0 At ONNED AUTOS SCNEDULIM AUTOS HIRFD NTTOS NONOV* DAUIOS -- BA915148602 06/03/07 06/03/08 COMBINED SINGLE LRAIT (EaacnoeN) Isouar INxmy Me, p.m.) $ 1000000 s 000l1Y ML0.1RY (Ia l s PRLIPEKTY DAMAGE S _ -- GARAOE 1 UABILITY MO MUM AUTO UNLt EA ACCIDENT 1 FA ACC OTHER THAN AUTO ONLY. AGO $ 5 A LEXCE58Aj A-lux:on JK1OCDUCnRu $K LLAIUBIIn' L J ttnwtswADI: F. RCTFNTI N 310, 000 UKB915148602 06/03/07 06/03/08 EACH DCC4J+* NCE $ 10000000 ACG(T4FtiAIE - $10000000 $ s $ $ 0R Y1KERSOD ANT OFFyTeIICUUNIE SPECW PROVWde'ISKIN$ ON Ipetem AND TORANfTNEWEXtt'.�tiM BEREXCLUDEOT WC0173305 12/01/07 - 12/01/08 R ITORY LINE:S rnK E.LMNAC.CUIUHT _ $ 1000000 E.LDISEASE-EAEMPLOYEE,S1000000 tww EL TNSFASE - POLICY UMT $ 1000000 OTHER OESCRW'TI011 OF OPERATIONS 1 LOCATIONS t VEKICLES S EXCLUSIONS AOOED 8V dOORSSMENT/ SPECJAL PR011S10115 Certificate holder is named as an additional insured, but only as respects the operations of the named insured with respect to: Fiesta Filipina Mexicana, to be held July 12, 2008 at 1420 B. Plaza Blvd. National City CA in the parking 1.ot. *10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER Bay Plaza, LLC Safco Capital Corp 1850 S. Sepulveda Blvd., 8200 Los Angeles CA 90025 ACORD 25 (2001/08) BAYPLAZ CANCELLATION s ioutD ANY OF THE ABOVE DESCRIBPD ►OUCIES BE CANCELLED BEFORE TIE EXPTRATIDI 0.*TE THPRCOE, Ile MEDEA.. INSVRCR YNLL tSWtAV(HC 10 MAIL 30 • LAYS WRIT Yaw NOTICE TO THE MIME/DATE NOIDFA NAk1W TO THE LEST, BUT EMUIRE TOO* 50 SHALL WPOSE NO OBLIGATION oft LIABILITY OF ANY KM UPON THE INOUPER, f 5 AGENTS OR REPRESENTATIVES. AU REPRESENT - 1 CO ACORD CORPORATION t988 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT SEETING DATE July 1, 2008 AGENDA ITEM NO. 25 ITEM TITLE Warrant Register for the period of 05/30/08 through 06/12/08 in the amount of $856,205.09 PREPARED BY Rizza Dela Cuadra DEPARTMENT Finance Accountant Jeanette Ladrido EXPLANATION (619) 336-4331 The Finance Department has implemented a policy to provide explanation of all warrants above $50,000.00. Vendor Various Section 8 owners See attached report. Environmental Review ✓ N/A Financial Statement Check# Amount Explanation various $652,610.03 Section 8 Housing Assistance Payments Approved by: nette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $856,205.09 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 05/30/08 THROUGH 06/12/08 A-200 (9/80) ravee Descri An) FOR MEETING OFJUIY I, 2008 WARRANT REGISTER FOR PERIOD: 05/30 - 06/12/08 Chk No Amount •REDEMOPMENT FUND • CITY OF NATIONAL CITY CITY OF NATIONAL CITY CITY OF SAN DIEGO CO1INTY CLERK, COUNTY OF SD DANKA ECONOMIC & PLANNING SYSIEM ESSFNTIA MANAGEMENT SERVICES CIE CANT A 1 GEOSYNTEC CONSIATANI S HARRIS & ASSOCIATES KEYSER MARSTON ASSOCIATES, INC NATIONAL CONSTRUCTION NEN FA] S POWER PLUS .LACOUEI INF. RFYNOSO SAN DIEGO GAS & ELECT RR. SWEETWATER MITI IORITY ALFREDO YBARRA CORPORATE EXPRESS INC BRAD RAULSTON SMART & FINAL CITY OP NA TIONAI. CITY CITY OF NATIONAL CITY MAYER HOFF-TIAN NRIC.ANN PC ALCEM FENCE COMPANY IN(' BEST BEST & KRIEGER BOND I.CHASTIX BUXTON COMPANY CA ASSOC. FOR LOCAL ECONOMIC DEVEI OPMENT ewa611 TNTY OF SAN DIEGO IS YN-I CONSIIIIANTS • ,RRIS & ASSOCIATES HUSK PARTNERS 1N1-RAS I R1 ,c-ri IRE ENGINEERING LAW OFFICE OF IX)N DE-FISCH RICHARD LOVE MO TIVAT IONAI. SYSTEMS INC NATIONAL CONSTRUCTION RENTALS BRAD RAULSTON JA CQI 1171 INF RF.YNOSO RICK ENGINEERING COMPANY SAN DIEGO CLIPPING SERVICE SAN DIEGO (ins & ELECTRIC SW(10N8 HOUSING ASSISTANCE PAYMENTS GMAC MORTGAGE UNITED STATES POSTAL SERVICE EQIIIFAX CREDIT INFORMATION SVS XEROX CORPORA 'ION CDC'S SHARE OF CRYSTAL REPORTS UPDATE & ('IP ACCESS ILLIN1111 IRSEMENT OF NCNP COLLEC rioN ENTERPRISE ZONE ADMINISTRAVF EXPENSES 1820 G AVE - 11.413ITA I EQUIPMENT SERVICE PROFESSIONAL SERVICES NC IIARHOR DIST. INDIISTRIAL PARK PROFESSIONAL SERVICES - WESTSIDE NEIGHBORHOOD GRANT ILEDEVELOPNIENT COPIER PROFESSIONAL SERVICES - PALM PLAZA PROFESSIONAL SERVICES - FOODLAND FACADE PROFESSIONAL SERVIC ES . HARDING AVENATL DISTRIBUTION CNTR EQUIPMENT RENTAI - 1640 E PLAZA BL \ID EQIIIPMENT RENTAL ICS(' CONFERENCE 05, IR - 05.,21/08 UTILITIES - 500 E PLAZA BLVD 04,17 05. 1612008 1.711 !TIES - 1310 HIGHLAND AVE 03.05 - 05/06/08 HOUSING CONS1 0 1 ANT 05'16 - 05/31.'2008 I inALTIIY HOMES - OFFICESUPPLIES REIMI3URSEMENT - UCLA CEQA COURSEICSC RECON HEAI THY HOMES SI IPPLIE.S REIMBURSEMENT OF EXPENDITIIRFS 111;SINESS LICENSE FOR REFURBISH AUDI! COS FOR MORGAN TOWERS KIMBALL PARK BRIDGE I ITIGATION - COMMUNITY YOUTII ATI ILETIC I AX Al. I. OCA HON BONDS-ARBITAGF. REBATE ANALYSIS COMMUNITY ID/FINAL REPOR I/MARK E. TING MEMBERSHIP RENEWAL 2008-2009 EMINEN I DOMAIN/EAGI ES 1 ITIGATION PROFESSIONAL SERVICES - EN VIRONMEN I Al I FS FING.TD VII I AGE PROFESSIONAL SERVICLS - TRAFFIC CALMING CONSUL ONG SERVICES - JUNE 2008 LIBRARY REMODEL PROFESSIONAL SERVICES - CDC V MATCHINSKI REINIBURSEN11-N1 OE ART SI IPPI IES - STIIDENT COMMUNITY DIN PROJECT SIGNAGE INCENTIVE PROGRAM EQIIIPMENT RENTAL - 1640 E PLAZA BLVD REIMBURSEN1F N1 OF BlISINESS RELATED EXPENSES RFINIBURSEMENT - COMNILINII Y I IEVELOPMENT PROJECT PROFESSIONAL SERVICES - BAY MARINA DRIVE WIDENING CLIPPING SERVICE UTILITIES - 2300 CLEVELAND AVF SUBTOTAL - REDEVELOPMENT • MANUAL PAYMENTS SR OFFICE SPACE RENTAL - JUNE. 2008 SELF ADDRESSED - S IAMPED ENVELOPES CREDIT BACKGROUND CHECK FOR S8 EQUIPMENT RENTAL 58 SI IBTOTAI. - SECTION 8 18057 18058 18059 I 8060 18061 18062 18063 18064 1 soos 18066 18067 18068 18069 I 8070 18071 1800 18073 18074 180,'5 18016 18077 I 8078 18079 18080 18081 I 8082 I 8083 8084 18085 18086 I 8087 18088 18089 18090 18091 I 8092 18093 18094 18095 18096 1/1097 18098 10464 10465 10466 10467 1.800.00 1,045.00 45.8(10.00 50.00 41824 15,61395 2,083.99 209.48 660.75 1.342.50 7072.57 177.08 195.00 559.29 272.37 677.30 3,000.00 855.58 )94.93 I SR.91 43.663.01 135.00 8,725 (R/ 9,505.00 1,640.60 3;75000 12,500.00 570.00 320 00 I 1,255.35 8,953.00 7.500.00 2,853.93 519.90 216.91 1,100.00 142.52 59.14 332.79 2,1146.15 63.80 130.68 .5 199,019.72 652,610.03 1.809 70 255.00 71.45 439 19 657,185.37 TOTAL OF ALL FUNDS: S 856,205.09 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE July 1, 2008 AGENDA ITEM NO. 26 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH HARRIS & ASSOCIATES TO PROVIDE AS -NEEDED CIVIL ENGINEERING SERVICES WITH NOT -TO -EXCEED AMOUNT OF $200,000 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT PREPARED BY Colby Young Project Manager (x4297) DEPARTMENT Redevelopment EXPLANATION Community Development Commission of the City of National City (CDC) desires to employ a contractor to provide as -needed civil engineering services related to various projects within the National City Redevelopment Project. The CDC has determined that Harris & Associates is a registered civil engineer and is qualified by experience and ability to perform as -needed civil engineering services. Harris & Associates has performed as - needed civil engineering services to the CDC since December 2005. Environmental Review ' N/A Financial Statement Agreement nas not -to -exceed amount of $200,000. Charges will be applied to accounts on a project by project basis. Approved By: Account No. inance Director STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Agreement A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARRIS AND ASSOCIATES TO PROVIDE AS -NEEDED CIVIL ENGINEERING SERVICES FOR VARIOUS PROJECTS WITHIN THE NATIONAL CITY REDEVELOPMENT PROJECT AREA IN THE NOT TO EXCEED AMOUNT OF $200,000 WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, the CDC desires to employ a contractor to provide as -needed civil engineering services related to various projects within the National City Redevelopment Project area; and WHEREAS, the CDC has determined that Harris & Associates is a registered civil engineering firm, and is qualified by experience and ability to perform as -needed civil engineering services. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Mayor to execute an Agreement with Harris and Associates to provide as -needed civil engineering services for various projects within the National City Redevelopment Project area in the not to exceed amount of $200,000. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of July, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES THIS AGREEMENT is entered into this 1st day of July, 2008, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and Harris & Associates, a liscensed engineering firm (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide as needed civil engineering services. WHEREAS, the CDC has determined that the CONSULTANT is a liscensed engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Javier Saunders thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $200,000 (the Base amount) utilizing the fee schedule given in Exhibit "B" without prior written authorization from the Chairman. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, 11 requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. The term of the Agreement shall be effective until June 30, 2009. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes,• and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement — May 2G0B revision Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANTS employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANTs employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under 3 City's Standard Agreement • May 2008 revisio0 similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 City's Standard Agreement — May i0013 revision CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANTs negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 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 owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before thedate of this Agreement. 5 Citys Standard Agreement — May 2008 revision H. Any aggregate insurance limits must apply solely to this Agreement. 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 National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 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 National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the 6 City s Standard Agreement — May 7)108 revision CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change inbusiness name or change in business status of the CONSULTANT. 21. 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 ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Mr. Javier Saunders Harris & Associates 750 B Street, Suite 1800 San Diego CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other 7 Citys Standard Agreement — May 2008 revision 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8 Citys Standard Agreement - May 2008 revision I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman HARRIS & ASSOCIATES (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: (Name) (Title) APPROVED AS TO FORM: By: (Name) George H. Eiser, III (Title) Legal Counsel 9 City's Standard Agreement — May 2008 revision ITEM #27 7/1 /08 ' UPDATE ON REORGANIZATON - 1". PHASE - CITY MANAGER - ITEM #28 7/1/08 UPDATE ON PARK RENOVATION PROJECT - CITY ENGINEER -